MINUTES
ORO VALLEY TOWN COUNCIL
Regular Session
June 3, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION 

CALL TO ORDER - at 6:02 PM

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

Town Manager David Andrews reviewed the upcoming meetings.

COUNCIL REPORTS

Council Member Kunisch announced that he attended the Pima Association of Governments (PAG) 2010 Census Complete Count Committee meeting. He informed the audience that the United States Constitution required a count of the citizens every 10 years. He noted that State computation counts must be submitted to the president of the United States by the end of 2010.  He stated that $300M of Federal Funding would be distributed to the communities each year based on population. He explained that the form had ten questions and would be mailed in March of 2010.

Council Member Latas announced that Pima County Animal Control increased the animal licensing fees.

Mayor Loomis reported that he met with Governor Brewer regarding support for the budget and that the League of Cities and Towns had submitted a letter of support for her budget. He noted that the sales tax issue was of great importance as those funds were necessary to balance the budget.

DEPARTMENT REPORTS

ORDER OF BUSINESS:  Mayor Loomis moved the Pause for Paws presentation forward.

Council Member Latas introduced Elizabeth Doggett of Foundation for Animals In Risk (FAIR). Ms. Doggett presented a ten week old kitten. She stated that the kitten would be up for adoption at PetsMart at Oracle Road and First Avenue. Ms. Doggett invited the audience and their pets to the First Annual Tucson Canine Classic noting that all proceeds would go to FAIR.

CALL TO AUDIENCE

Oro Valley resident and Historic Preservation Commission Chair Bob Baughman stated that Steam Pump Ranch was an irreplaceable piece of history and thanked Council for funding the repair work.

Oro Valley resident Misti Smith addressed the animal licensing feasibility study stating that the project was a waste of time and money.

Council Member Latas responded stating that with the increase in fees, the Town stood to collect $313,000 in revenue. She noted that it was a good use of tax dollars.

Oro Valley resident Conny Culver thanked Chief Sharp noting that the police department responded and took action quickly regarding a pipe bomb in her neighborhood. She urged Council to carefully evaluate any cuts in service.

Oro Valley resident Art Segal stated that the manner in which the Contingency funds were used to fund jobs was wrong. 

Oro Valley resident Kathy Shaheen asked Council to consider the cost of creating a department for animal licensing. She stated that it was ill timed.

Oro Valley resident Yvonne Ignacio stated that she had spoken with the Animal Rescue Foundation (ARF). She reviewed the points the ARF representative sent her: The hold period for stray animals was 72 hours. The hold period for owned animals was eight days in order to locate the owners. PACC calls and sends written notification to reach owners. The Town would have to pay for eight days of shelter as well as vaccinations for animals as required of all shelters. Many private shelters charge $20-$50 per night for boarding. It was suggested that the Town assign a liaison to PACC.  

Council Member Latas stated that there was a lot of misinformation on this topic. She noted that a no kill shelter in the area had offered their services at no cost and provided vaccinations, microchips and guaranteed the animals a home. She stated that PACC had a 60+% kill rate and that it was not a good service for taxpayers.

Oro Valley resident Richard Tracy stated that he apologized to Council for the comments made to Council this evening. He noted his respect for David Andrews and that as Town Manager, David knows that his job was to carry out the direction of Council.

PRESENTATION:  PAUSE FOR PAWS

1.

CONSENT AGENDA


A.

Minutes - April 20, 22, 27, 29, 2009


Click here for April 20th

Click here for April 22nd

Click here for April 27th

Click here for April 29th

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to continue the minutes for the April 27, 2009 Council meeting for further review. 

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

B.

Police Report - April 2009


Click here for Item B

C.

Coyote Run Monthly Transit Report - April 2009


Click here for Item C

Oro Valley resident and Director of the Board of Directors of Sun City Vistoso Harold Linton thanked Council for their support of volunteer drivers and the Coyote Run service. He stated that the Coyote Run service was essential to Sun City residents.

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

MOTION carried, 7-0.

D.

Resolution No. (R)09 - 26 Approving the high intensity drug trafficking area (HIDTA) grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley, allowing for two (2) officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA)


Click here for Item D

E.

Resolution No. (R)09 - 27 Approving the high intensity drug trafficking area (HIDTA) grant agreement between the Arizona Criminal Justice Commission (ACJC) and the Town of Oro Valley, allowing for one (1) officer to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (PCHITF)


Click here for Item E

F.

Approval of the sponsorship of public meetings hosted by Senator Al Melvin scheduled for Saturday, June 13, 2009 from 12:00 p.m. to 2:00 p.m., Saturday, September 12, 2009 from 12:00 p.m. to 2:00 p.m. in the Town Council Chambers and on Saturday, December 12, 2009 from 12:00 p.m. to 2:00 p.m. in the Magistrate Court


Click here for Item F

It was clarified that the Chambers and the Court were originally requested to hold these meetings. It was noted that it was later requested to hold all of the meetings at the Magistrate Court.

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

MOTION carried, 7-0.

G.

** Resolution No. (R)09-29 Urging the Arizona State Legislature not to sweep Municipal Impact Fees into the State Budget and urging the Arizona State Legislature not to impose a moratorium on the application of new Building Codes to Plats or Plans approved prior to May 1, 2009 or on future collection of Municipal Impact Fees


Click here for Item G

Oro Valley resident Zev Cywan stated that he was researching the legality of the moratorium. He urged Council to oppose the moratorium.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to approve Resolution No. (R)09-29 urging the Arizona State Legislature not to sweep municipal impact fees into the State budget and urging the Arizona State Legislature not to impose a moratorium on the application of new building codes to plats or plans approved prior to May 1, 2009 or on future collection of municipal impact fees.

MOTION carried, 7-0.

H.

* Resolution No. (R)09-30 Authorizing the Town Attorney to sign on to the amicus curiae brief to be filed by City of Scottsdale before the Arizona Supreme Court in support of the Court of Appeals opinion in Turken v. Gordon, Arizona Supreme Court Case CV-09-0042-PR


Click here for Item H

Oro Valley resident Zev Cywan urged Council to sign on to this brief.

MOTION: A motion was made by Council Member Latas and seconded by Council Member Gillaspie to approve Resolution (R)09-30 authorizing the Town Attorney to sign on and support the amicus curiae brief to be filed by the City of Scottsdale before the Arizona Supreme Court in the case of Turken v. Gordon, Arizona Supreme Court Case CV-09-0042-PR 

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

2.

PUBLIC HEARING - RESOLUTION NO. (R)09 - 28 ADOPTING ESTIMATES OF THE AMOUNTS REQUIRED FOR THE FISCAL YEAR 2009/2010 AS A TENTATIVE BUDGET; SETTING FORTH THE RECEIPTS AND EXPENDITURES/EXPENSES FOR THE FISCAL YEAR 2009/2010; GIVING NOTICE OF THE TIME FOR THE FINAL PUBLIC HEARING - JUNE 17, 2009 FOR ADOPTING THE BUDGET FOR FISCAL YEAR 2009/2010; PROVIDING FOR CONTINGENCIES; PROVIDING FOR THE USE OF FUNDS; SETTING THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION FOR FISCAL YEAR 2009/2010; AND, DECLARING AN EMERGENCY


Click here for Item 2

Town Manager David Andrews presented the item stating that the Final Budget was scheduled for approval on June 17, 2009. He noted that ten budget sessions were held including two special sessions where line items were voted on.

Finance Director Stacy Lemos presented the Tentative Budget. She stated that the total Tentative Budget was $121,549,343. She stated that this was a reduction of  $81.6M from the current fiscal year’s budget of $203.1M. She noted that the reduction was due to removing the capacity to construct the Naranja Town Site and the
Municipal Operations Center and reflected the revenue shortfalls.

She reviewed the General Fund Revenues and Expenditures:
~Revenues
  *Town Manager Recommended            $28,461,766
  *Adjustments                                   $   (523,110)
  *Total Revenue                                $27,938,656
~Expenditures
  *Town Manager Recommended            $28,879,073
  *Adjustments                                   $    626,853
  *Total Expenditures                           $29,505,926
~Annual Deficit                                   $(1,567,270)

She listed the General Fund One-Time Non-recurring Expenditures:
Carry-forward FY 08/09 costs for Historic Inventory and Environmentally Sensitive Lands Ordinance (ESLO) $150,000
Carry-forward FY 08/09 budget for Police department substation at the Oro Valley Marketplace
$  350,000
Arroyo Grande Annexation Legal and Consulting Expenses $  300,000
Temporary Clerical Assistance in Human Resources (HR) for Open Enrollment $     6,000
Transfer of cash reserves to Steam Pump Ranch Fund $  410,000
MUNIS training in HR for Open Enrollment $     4,000
Animal Licensing Feasibility Study $    10,000
Total One-Time Non-Recurring Expenditures $1,230,000

General Fund Actions taken to address projected deficit of $4.2M:
~Renewal of 2% utility sales tax
~Transfer of $700K in Bed Tax funds to General Fund
~Significant line item reductions in department budgets
~Deferral of Capital Improvement Program and Capital Asset Replacement Program
~Elimination of 8.86 vacant positions next fiscal year
~Use of cash reserves

She presented the Highway Fund Budget Overview:
~Revenues               $ 4,668,404
~Expenditures           $(4,871,650)
~Annual Deficit          $  (203,246)
~Budget included the following:
  *Cash reserves used to fund five retained positions
  *$1.2M for pavement preservation

Bed Tax Fund Budget Overview:
~Revenues                     $ 563,693
~Expenditures                 $(500,254)
~Annual Surplus              $   63,439
~Budget included the following:
  *$60,000 for Economic Development marketing
  *$137,000 for Community Funding Agencies
  *$282,000 rebate to Hilton El Conquistador Hotel

Oro Valley Water Utility Budget Overview:
~Revenues             $ 16,919,300
~Expenses             $(17,680,739)
~Annual Deficit       $(    761,439)
~Budget included the following:
  *No increase in base rate or commodity rate
  *Planned use of cash reserves to pay for capital projects
  *Reallocation of $130,000 in capital projects budget to retain 2.5 positions in the department

She stated that the Capital Improvement Program totals were $24,863,842. She listed the items affected:
Water Utility Fund $11,110,000 45%
Roadway Impact Fee Fund $  5,671,486 23%
Economic Stimulus Fund $  3,000,000 12%
Stormwater Utility Fund $  2,046,600 8%
Highway Fund $  1,200,000 5%
Steam Pump Ranch and Honey Bee Village Funds $  1,043,515 4%
Regional Transportation Authority Fund $     600,000 2%
General Fund $     192,241 1%

Mayor Loomis opened the public hearing.

Oro Valley resident Bill Peacock thanked Council for removing the Naranja Town Site survey as it was not the time. He stated that he worked for a survey company and noted that surveys often became a crutch and should be used as a tool. He noted that online surveys were very accurate and cost effective. He suggested that Town employees could conduct surveys online and that only registered Oro Valley residents should be polled.

Catalina resident Kristie Foss stated that the animal shelter was a wonderful idea. She noted that with the current economy, many dogs were homeless as families were no longer able to afford to keep them.

Oro Valley resident Bill Adler stated that he supported the priority of saving jobs but disagreed with how Council arrived at the decision. He stated that revenues needed to be increased. He disagreed with using Contingency funds to  balance the budget. He recommended that the budget process needed to be a more collective effort.

Oro Valley resident Sharon Discorfano Webster stated that she supported the no-kill feasibility study. She urged Council to consider that they were teaching the children in the community about accountabilty for all in the community.

Mayor Loomis closed the public hearing.

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to remove $250,000 from the $410,000 set aside from the Contingency fund for Steam Pump Ranch and if permission was granted to transfer Wal-Mart funds to Steam Pump Ranch and it must come to Council for a full review and vote.

Ms. Lemos stated that the funds from the Wal-Mart donation were not included in the total.

In response to Council Member Abbott’s question, Mr. Andrews stated that the proposal did not go before the Historic Preservation Commission for review because items that Council wished to consider were reviewed and voted on May 20 and May 27, 2009.

Council Member Gillaspie stated his opposition to the motion for the following reasons:
~A reversal of the Council's long standing commitment to the citizens
~The proposal is a one-time commitment of contingency reserves and complies with policy
~It is part of the Town's heritage and an asset to the community
~The Town has worked with many agencies to garner funding and support and the Town is expected to do its share.

Discussion noted the following:
~The pump house restoration is estimated at $300,000
~The ranch house restoration is estimated at $450,000
~Related infrastructure is estimated at $250,000
  *These numbers are part of the pre-opening phase

Council Member Abbott stated that this had large ramifications to the budget and deserved further study. She stated that she would like to have a study session to discuss the item. She stated that it deserved the full committee to study it and not a self appointed subcommittee.

Council Member Gillaspie stated that the recommendation in front of Council this evening was a summary of a vast amount of work conducted by citizens, staff and State Preservation.

It was noted that Pima County bond funds had been approved for use in the emergency stabilization to prevent further damage. It was stated that these efforts were not aimed toward restoration. It was noted that $285,000 was in the fund now.

Council Member Garner stated that Council adopted the action to use Contingency funds in the amount of $410,000 and made a commitment as a community to Steam Pump Ranch. He noted that State and Federal funds were at stake.

MOTION failed, 3-4 with Mayor Loomis, Council Member Garner, Council Member Gillaspie, and Council Member Latas opposed.

MOTION: A motion was made by Council Member Garner and seconded by Council Member Latas to offer Town wide the opportunity for voluntary layoffs or early retirement and a severance package and do away with the six month review. The offer would remain in effect (Council Member Kunisch offered a friendly amendment to expand the amount of time for the offer from 30 days to 45 days and was accepted) for 45 days from the motion passing. 

Council Member Kunisch stated that he wanted to know what the workload was for each department.

Council Member Abbott stated her support for the motion as it empowered employees. She noted her concern regarding how many employees would leave and what institutional knowledge the organization would be left with particularly where expertise could be a matter of concern.

At the request of the mayor, Council Member Garner defined the severance package as: Employees with five or more years of service would receive 90 days of pay and benefits; employees with less than five years of service would receive 60 days of pay and benefits.

Council Member Kunisch offered a friendly amendment to expand the amount of time for the offer from 30 days to 45 days from the date the motion passes. Council Member Garner accepted the amendment.

MOTION carried, 5-2 with Mayor Loomis and Vice Mayor Carter opposed.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to reduce the amount carry-forward budget for the police department substation at the Oro Valley Marketplace not to exceed $250,000.

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

Council Member Abbott questioned how the Naranja Town Site survey could be replicated online. She stated that the survey was to determine why the bond issue failed. She stated that $1,000 was insufficient to conduct the survey.

MOTION: A motion was made by Council Member Abbott to increase the budget for the Naranja Town Site survey from $1,000 to $15,000. Motion failed due to lack of second.

Council Member Abbott stated that she did not agree with the line item for Intergovernmental Relations Travel Reimbursement when every department has had to cut back on travel and expenses. She noted that historically, Council had sent one senior member of council to events. She stated that she did not feel that the $25,000 should be in the budget at this time.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to eliminate the $25,000 in the General Administration budget for Intergovernmental Relations Travel Reimbursement or move it forward to a study session.

It was clarified that this line item was for Council to use for lobbying efforts. It was noted that the funds were not for staff.

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

Council Member Abbott stated that the Animal Feasibility Study was scheduled for a study session on June 24, 2009, after the approval of the budget. She stated that the details should be addressed prior to approving this item in the budget.

MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to remove the $10,000 allotted in the budget for the animal licensing feasibility study.

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

MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to approve Resolution No. (R)09-28 adopting the Tentative Budget for Fiscal Year 2009-2010 and setting the local alternative expenditure limitation for fiscal year 2009/2010 in the amount of $121,549,343.

Council Member Gillaspie stated his opposition to the adoption of the budget and use of Contingency funds.

Council Member Garner concurred with Council Member Gillaspie.

Vice Mayor Carter stated that there was no purpose to delaying the vote. He stated that spending needed to be readjusted and that Council must proceed with the budget and move forward.

Council Member Abbott stated her support for adopting the budget. She stated that a tentative budget must be set. She noted that regarding the use of Contingency funds for staff positions that it was a one time expense to buy time and continue to address options.

Council Member Latas stated that expenses could not be reduced without reducing staff, as personnel was the largest portion of the budget.

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

Mayor Loomis called for a recess at 8:43 p.m. The meeting resumed at 8:49 p.m.

3.

** CONSIDERATION AND POSSIBLE APPROVAL FOR FUNDING TO HOST A TOWN-SPONSORED JULY 4TH EVENT


Click here for Item 3

Communications Specialist Kelsie Hanson presented the item. She noted that the Greater Oro Valley Arts Council (GOVAC) would not sponsor the Fourth of July event. 

She explained that the Oro Valley Marketplace became a better option with the availability of parking and food services. She noted the expenses:
~Entertainment
~Oro Valley Police Department services
~Cost of trash pick up was being evaluated

Ms. Hanson stated the Oro Valley Marketplace did not have funds to contribute and the minimum cost would be $15,000 - $20,000 for a small event and that the Hilton El Conquistador would contribute $5,000 as part of their Economic Development Agreement.

Discussion ensued regarding:
~Availability of alcohol onsite warranted the services of the police department
~Time frame was too late
~The heat would be too much with cars running for air conditioning, no shade and pavement

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to deny funding to host a Town-sponsored July Fourth event.

Council Member Kunisch stated that he could not support the item due to the fact that there was not enough time, people have likely made other arrangements for the holiday.

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

4.

FUTURE AGENDA ITEMS


Council Member Gillaspie requested that staff bring forth to a Council meeting in July an amendment that all policies must be approved by motion and and a majority vote and that policies cannot be knowingly changed by votes on other issues. The request was seconded by Council Member Latas.

Council Member Gillaspie requested that staff return with a comprehensive early out compensation plan for all employees and includes all possible options such as early retirement payments and other compensation packages by January 2010. The request was seconded by Council Member Garner.

Council Member Garner requested to review the July 4th event for 2010 and explore all options and bring the information forward at study session. This was seconded by Council Member Latas.

Council Member Abbott requested to hold a study session in early August for Council consideration hosting an animal adoption fair in Oro Valley. This was seconded by Council Member Kunisch.

It was noted that Building Safety’s budget reflected the $50,000 savings the Town realized for the Fire Marshall.

Mayor Loomis noted that the first meeting in July had been cancelled as well as the study sessions for July 22nd and 29th. Additionally, he noted that the August twelfth study session was cancelled. 

CALL TO AUDIENCE - There were no speakers.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn the meeting at 9:16 p.m.

MOTION carried, 7-0.