MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
January 20, 2010
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 5:00 PM
CALL TO ORDER - 5:05 PM
ROLL CALL
|
PRESENT: |
Paul Loomis, Mayor
Bill Garner, Vice-Mayor
K.C. Carter, Councilmember
Barry Gillaspie, Councilmember
Al Kunisch, Councilmember
Salette Latas, Councilmember
Pat Spoerl, Councilmember
|
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 Council Member Kunisch and seconded by Council Member Carter to go out of Executive Session at 5:30 p.m.
MOTION carried, 7-0.
RESUME REGULAR SESSION AT OR AFTER 6:00 PM
|
PRESENT: |
Paul Loomis, Mayor
Bill Garner, Vice Mayor
K.C. Carter, Councilmember
Barry Gillaspie, Councilmember
Al Kunisch, Councilmember
Salette Latas, Councilmember
Pat Spoerl, Councilmember
|
Mayor Loomis led the audience in the Pledge of Allegiance.
Communications Administrator Mary Davis reviewed the upcoming meetings and events.
Police Chief Danny Sharp reported that the Oro Valley Police Department Explorers had participated in a regional post tactical competition that past weekend. He shared that out of 400 participants they placed a first, two thirds, and a fourth out of the races that they participated in.
Communications Administrator Mary Davis welcomed Mark Evans from the University of Arizona back to a Council meeting along with his journalism students.
Town Clerk Kathi Cuvelier informed the audience that the February 3, 2010 Council meeting is on the consent agenda for cancellation (if approved that night by Council action).
Ralph Kayser, Oro Valley resident and new small business owner, spoke to the audience about promoting Oro Valley as a place to do business. He stated that he had reviewed the town’s economic development budget and goals and was concerned about the town cutting back on spending for programs geared toward small businesses during these difficult times.
Bill Adler, Oro Valley resident, spoke about allowing people to speak to the audience regarding items that are on the agenda during that same meeting. He voiced concern regarding children charged with domestic violence, Pima County’s processing and administration of these minors, as well as the rights of the kids involved.
Jackie Devery, Oro Valley resident, spoke about the Oro Valley Parade that happened this past December. She thanked Oro Valley staff members Mike Bott from the Police Department, Kevin Mattocks and the Police Explorers, the Administration staff, the Water Department staff for their water donation as well as the Public Works staff that was involved.
PRESENTATION:
Mayor Loomis asked all Councilmembers to come forward and thank the staff in attendance who participated in modifying the Council Chambers:
~ Chuck King
~ Erik Munson
~ Tim McGuire
~ Suzanne Smith
~ Jason Rivas
~ Mark Thomas
~ Kevin Verville
At the request of Vice Mayor Garner, Item I was pulled for continuation. At the request of Councilmember Latas, Item C was pulled for questioning.
MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Carter to approve the Consent Agenda with the exception of Items C and I.
| A. |
Minutes - January 6, 2010 |
| B. |
Transit Monthly Operations Report - December 2009 |
Councilmember Latas questioned Water Utility Director Saletta regarding whether or not the town had paid for the purchase of the parcel at Steam Pump. Mr. Saletta reported that the property for the well site had not been purchased to date, and Councilmember Latas replied that purchase money had been factored into the restoration of Steam Pump and should be credited into the budget for next year if not done in the current year.
MOTION: A motion was made by Council Member Latas and seconded by Council Member Kunisch to adopt Resolution No. (R)10-03 approving the granting of an access easement to the Town of Oro Valley from Evergreen Steam Pump, LLC for the purposes of constructing a new production well and other utility facilities on adjacent property.
MOTION carried, 7-0.
| D. |
Resolution No. (R)10 - 04 Approval of the "Pima Association of Governments Agreement for Service" for an ongoing Summer Youth Transportation Art Program |
| E. |
Resolution No. (R)10 - 05 Authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and Pima County for street naming and addressing services |
| F. |
Resolution No. (R)10 - 06 Approving the Town’s Annual Legislative Agenda and Protocols Guiding the Town’s priorities for the upcoming Legislative Session and any Lobbying Activities |
| G. |
Resolution No. (R)10 - 07 Approving an Intergovernmental Agreement between the Town of Oro Valley, Pima County, City of South Tucson, Town of Sahuarita, Town of Marana, and the City of Tucson for the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award |
| H. |
Approval of the sponsorship of Senator Al Melvin Town Hall scheduled for Saturday, February 6, 2010 from 1:00 p.m. to 3:30 p.m. in the Town Council Chambers |
MOTION: A motion was made by Vice Mayor Garner and seconded by Councilmember Gillaspie to continue item I to the next available scheduled meeting.
MOTION carried, 7-0.
Councilmember Latas asked that when the item is brought forward again, that a list of current Board and Commission members and who appointed them be included.
| J. |
Cancellation of the February 3, 2010 Regular Town Council Meeting |
MOTION carried, 7-0.
Mayor Loomis opened and closed the public hearing as there were no speakers.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Kunisch to recommend approval of the issuance of the Series 10 Liquor License to the Arizona State Liquor Board for Mr. Randy Allen Guse and principals at Walgreens #04103 located at 10405 N. La Canada Drive.
MOTION carried, 7-0.
Town Attorney Tobin Rosen reviewed the options for the recruitment process of a Town Manager.
MOTION: A motion was made by and seconded by to
Discussion followed with the Mayor recapping Option 3.
MOTION carried, 7-0.
Town Clerk Kathi Cuvelier explained that the current liaison assignments are effective July through June of each year, and reviewed the proposed change to Town Council Policy No. 8.
Discussion followed regarding permanent versus alternate appointments and whether or not it is sufficient to have a Council member attend via phone, Granicus, etc. Mayor Loomis asked to have staff bring back further clarification on how a liaison can have another Council member attend a meeting in their place, and how a Council member can appoint a replacement for a subcommittee that they have been appointed to and cannot support.
MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Latas to continue Item 4 to amend Town Council Policy No. 8 as recommended and remand it to a study session as can be scheduled to clarify the wording of the policy and Council responsibilities.
MOTION carried, 7-0.
Town Attorney Tobin Rosen reviewed Town Personnel Policy 29 and discussed its similiarity to the policy of other cities and towns, specifically, in that it prohibited employees from campaigning during work hours and/or while in uniform.
Councilmember Kunish stated that he brought this item forward because every two years there are issues that come up regarding campaigning. He stated that when employees are off the clock they should have the right to be involved in any political campaign as long as they are not wearing uniforms or doing so as a town employee. Councilmember Kunisch also stated that this policy makes an employee give up their first amendment rights and that the policy requires a language change.
Vice-Mayor Garner stated that this policy does not prohibit employees from contributing to political action committees, political campaigns or participating in elections at the state or federal level. Town Attorney Rosen stated that it would be unduly restrictive to a person’s First Amendment rights to tell them that they could not express a personal preference on their own time, on their own property, as a citizen and/or resident of the town as to who they would like to see represented into office.
The Mayor opened the floor for public comment.
Chris DeSimone, Oro Valley resident, spoke about how employees work for elected officials whether they are on or off the clock. He stated that they are municipal employees so it would be a classic conflict of interest.
Matthew Rabb, Oro Valley resident and Oro Valley candidate for councilmember, stated that political pressure occurs during and after work hours. He also stated that the Town and its employees should avoid practicing political justice, and that it is important to the public that employees appear to be avoiding political justice so that confidence in the Town’s Council-Management form of government is not corroded.
MOTION: A motion was made by Councilmember Kunisch and seconded by Councilmember Carter to have Policy 29 changed and remove Item 2 which says "No employee may take part in the campaign of a candidate participating in an Oro Valley municipal election." (SEE AMENDED MOTION)
Mayor Loomis asked for clarification regarding the handout of Policy 31 - Conflict of Interest. Town Attorney Rosen reported that currently the Personnel Policy states this is Policy 29, and has since the last revision in 2007.
Vice-Mayor Garner stated that if employees were to go door-to-door soliciting, the public could be confused as to if they were there on behalf of the Town or not.
Councilmember Gillaspie commented that this provision really protects employees from retribution from politicians. He stated that this policy gets to the heart of using political power to influence elections which should be minimized at the local level as this is where real services are delivered.
Councilmember Latas agreed that this provision protects employees from undue pressure from political candidates.
Mayor Loomis asked Councilmember Kunisch to amend his motion to continue this item to the next Council meeting and to have staff come back with a definition of what "taking part in the campaign of a candidate" means. Councilmember Kunisch agreed and would like to include information as to what other communities are doing in the state.
MOTION: A motion was made by Mayor Loomis and seconded by Council Member Kunisch to amend the motion to continue this item to the next meeting in February (the third week) and ask staff to come back with definitions of what "take any part in the campaign of a candidate" means and to include information from other communities in the state.
MOTION carried, 7-0.
MOTION carried, 7-0.
Councilmember Gillaspie, seconded by Councilmember Latas, asked to have an item put on for discussion by Council to decide about pursuing Intergovernmental lobbying at the national level, particularly at the League of Cities Conference.
MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Kunisch to adjourn at 7:20 p.m.
MOTION carried, 7-0.