MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
June 1, 2011
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION

CALL TO ORDER

Mayor Hiremath called the meeting to order at 5:00 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Mary Snider, Vice Mayor
Bill Garner, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember

ABSENT: Barry Gillaspie, Councilmember

EXECUTIVE SESSION

MOTION:  A motion was made by Councilmember Waters and seconded by Councilmember Hornat to go into Executive Session at 5:00 p.m. to discuss personnel matters relating to the Town Manager’s resignation and the appointment of an Interim Town Manager pursuant to ARS 38-431.03 (A)(1).

MOTION carried, 6-0 with Councilmember Gillaspie absent.

RESUME REGULAR SESSION

CALL TO ORDER

Mayor Hiremath called the meeting to order at 6:02 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Mary Snider, Vice Mayor
Bill Garner, Councilmember
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Assistant Town Manager Greg Caton announced the upcoming Town meetings.

COUNCIL REPORTS

Councilmember Solomon congratulated the Development and Infrastructure Services Department for providing quality service to citizens as referenced in the informational items.  He also congratulated the Police Department for the outstanding service that they provided to the community.

Councilmember Hornat attended the Memorial Day services at Evergreen Cemetery on Sunday which was sponsored by the American Legion Post #07.  He said that it was quite a moving experience and he thanked everyone who participated in the event.

Councilmember Waters announced the "Thanks a Million" Keg Steakhouse restaurant give-a-way and encouraged all citizens to vote for Oro Valley.  The winner would receive a $25,000 grant to build a special needs playground. 

Mayor Hiremath reported that a Mayor’s Ambassador Group was formed which consisted of residents and volunteers of Oro Valley.  This group would visit local businesses and report any kind of problems/hardships to Economic Development Manager Amanda Jacobs.  The current Ambassador Group volunteers consisted of Dick Johnson, Patrick Straney and Lauren Rhude.  Mayor Hiremath stated that there were 3-4 vacancies that still needed to be filled and requested that interested residents contact Ms. Jacobs.

DEPARTMENT REPORTS

No reports were received.

ORDER OF BUSINESS

Mayor Hiremath noted that the order would stand as posted.

INFORMATIONAL ITEMS

1.

Police Department Appreciation Letter(s)


PD Appreciation Letter

2.

DIS Customer Feedback Forms


DIS Customer Feedback Forms

CALL TO AUDIENCE

Oro Valley resident Lyra Done spoke about the Keg’s "Thanks a Million" give-a-way and encouraged everyone to vote for Oro Valley.

PRESENTATIONS

1.

Proclamation supporting the creation of a Veterans Support Initiative


Veterans Support Group Proclamation

Mayor Hiremath proclaimed the creation of a Veterans Support Initiative which would help integrate veterans back into the community.

Ed Davis, Commander of the Oro Valley American Legion Post #132, said that he would be honored to support the Veterans Support Initiative.

Oro Valley resident and business owner of Down Home Delights, Bonnie Quinn, voiced her support for the Veterans Support Initiative and stated that she had supported deployed military personnel over the years with two programs.  The first program, Operation Biscotti Drop, consisted of residents who would drop off donations in the form of snacks, chap stick, food, toiletries, etc.  These items were then shipped to an adopted squadron in Afghanistan every month.  The other program entitled Cell Phones for Soldiers consisted of various businesses that would collect cell phones for recycling.  The money generated through this program would then be used to purchase phone cards for deployed military personnel.

CONSENT AGENDA

A.

Minutes - February 23, March 9 and April 6, 2011


2 23 11 Minutes

3 9 11 Minutes

4 6 11 Minutes

B.

Transit Services Monthly Report - April 2011


April 2011 Monthly Report

C.

Resolution No. (R)11-36 Authorizing and Approving the Exchange of a Portion of Right-of-Way on Vistoso Village Drive with Venture West Investment, LLC for a New Public Right-of-Way in Rancho Vistoso Neighborhood 3


Reso 11-36

Exhibit A - Legal Description

Exhibit B - Map

MOTION:  A motion was made by Vice Mayor Snider and seconded by Councilmember Garner to approve the Consent Agenda.

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING - ORDINANCE NO. (O)11-16 AMENDING ORO VALLEY TOWN CODE, ARTICLE 8-2, BUSINESS LICENSE TAX, SECTION 8-2-6, SCHEDULE, INCREASING THE LIQUOR LICENSE APPLICATION PROCESSING FEE FOR A LIQUOR LICENSE


Ord 11-16

Attachment 1 - Liquor Fee Comparison

Attachment 2 - Processing Costs

Town Clerk Julie Bower gave an overview of Ordinance No. (O)11-16.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION:  A motion was made by Councilmember Gillaspie and seconded by Councilmember Hornat to approve Ordinance No. (O)11-16, increasing the liquor license application processing fee to $500.00.

MOTION carried, 7-0.

2.

PUBLIC HEARING - RESOLUTION NO. (R)11-37 AUTHORIZING AND APPROVING THE ELIMINATION OF THE TOWN OF ORO VALLEY DEVELOPMENT AND INFRASTRUCTURE SERVICES DEPARTMENT TRANSIT SERVICES DIVISION COYOTE RUN SERVICE


Reso 11-37

February 23 Council Communication

April 20 Council Communication

Transit Services Administrator Aimee Ramsey gave an overview of item number two.

Ms. Ramsey stated that the town was working hard to communicate the possible changes that could take place and then working with the users to develop alternative forms of transportation for them.

Ms. Ramsey stated that Handi-Car would be offered for those that would go through the ADA process.  For those that would need additional service, personal care attendants would be available to assist users for free.

Ms. Ramsey stated that Coyote Run was initially implemented when there had been a transit gap in the town a few years ago.  Today, comparable services were available through dedicated funding sources by the Regional Transportation Authority (RTA).

Ms. Ramsey stated that with the addition of Sun Shuttle and Handi-Car, the town had expanded its service hours from 5:30 a.m. to 7:00 p.m. and the service area had been expanded as well by allowing seamless transfers to Sun Tran through Sun Shuttle.

Ms. Ramsey gave an overview of the Sun Shuttle Dial-a-ride service:
-No eligibility
-Service area greater than Oro Valley
     -Foothills Mall
     -Northwest Hospital
     -Regional access through no cost transfers
-Curb to curb service
     -From your home to your destinations
     -One to seven days advance reservation
-Regional fare system

Ms. Ramsey gave an overview of the Handi-Car Dial-a-ride (Para-transit) service:
-ADA Certified only
-Service area > Coyote Run
     -Regional access
     -Regional fare
-Curb to curb service
     -From your home to your destinations
-Service hours expansion
     -Monday through Friday 6:30 a.m. until 8:00 p.m.
     -Saturday and Sunday/Holidays 9:00 a.m. to 6:00 p.m.

Ms. Ramsey invited the public to attend a meeting on Friday, June 17 which would allow residents to meet with Handi-Car and RTA representatives in order to answer all of their questions.

Ms. Ramsey noted that the current trend was toward a regional transportation system which would allow for seamless transfers and a single call center.

Mayor Hiremath opened the public hearing.

Oro Valley resident Jean Rossmen rode Coyote Run for six years.  She felt that their services were great and they treated her well.  She encouraged Council not to eliminate Coyote Run.

Oro Valley resident Carol Hunter said that many people used Coyote Run for shopping and doctors visits etc.  She felt that Coyote Run had a stellar record.  In 15 years, drivers had logged in 163,964 service miles without any kind of blemish to their safety record.  Coyote Run drivers were courteous and CPR certified.  She felt that Coyote Run was a lifeline to many people.  Ms. Hunter inquired as to the possibility of using advertising on the vehicles to help offset the costs or to team with Marana.  She encouraged Council to look into the matter further and see if expenses could be cut elsewhere.

Oro Valley resident Steve Didio felt that the decision to eliminate Coyote Run seemed sudden.  He felt that the necessary $200,000 needed to fund Coyote Run could be found within the budget.  He felt that the Coyote Run service was above and beyond other available services.  He had tried Handi-Car and didn’t think that it was a comparable service.  He felt that the transition wouldn’t be seamless and that people would fall through the cracks.  Mr. Didio urged Council to keep Coyote Run.

Oro Valley resident Gloria Stanley felt that children and elderly were treated with great compassion and care by the Coyote Run drivers.  She urged Council to ride Coyote Run so they could experience the top notch service experienced by others.  She asked if any consideration had been given to creating a non-profit in which Coyote Run could receive donations.  She recommended opening the service to everyone and advertise its availability.  Ms. Stanley asked Council to establish a task force to study the situation.

Oro Valley resident Margaret Thompson felt that the Coyote Run drivers were fantastic and that the service they offered was not available anywhere else.  She said that the drivers were always on time and that they would help her daughter with anything.  She urged Council to not eliminate Coyote Run.

Oro Valley resident Reese Millen thanked Councilmember Garner for trying to keep Coyote Run.  She felt that there were still non essential items in the budget that could be cut in order to save Coyote Run.  Ms. Millen felt that additional savings could be accomplished by reducing employee benefits.  The alternative types of transportation that had been recommended to Coyote Run riders were neither comprehensive nor safe and reliable.  She urged Council to reconsider and fund Coyote Run.

Oro Valley resident Dexter Jones had been using Coyote Run for three years.  She felt that the Coyote Run drivers were very helpful and courteous.  If Coyote Run would be eliminated, she wasn’t sure what service she should use.

Oro Valley resident Rosalyn Glichman felt that department budgets had not decreased and that some of them even increased.  She felt that with further reductions, Coyote Run could be funded.

Oro Valley resident Bill Adler felt that it was regrettable that the budget deficit had turned a community of excellence into a community of choices.  Mr. Adler believed that revenues could have been increased from the broader community in order to maintain Coyote Run.  He felt that Coyote Run should have been considered a core value and was more than happy to pay his fare share to maintain the Coyote Run service.

Oro Valley resident Jeff Siegel supported the Coyote Run service.  He felt that people with disabilities should have the opportunity to travel where they would like or need to go.  He felt that Coyote Run was truly needed in the community and asked Council to maintain the service.

MOTION:  A motion was made by Councilmember Garner and seconded by Councilmember Gillaspie to maintain Coyote Run service as is and to direct the funding to come from the Bed Tax fund.

Mayor Hiremath closed the public hearing.

Councilmember Waters felt that as the population continued to age, the transportation problem would continue to magnify.  Last year, when the state swept away the towns transportation funds, the town knew that changes would have to be made.  During a structural deficit, structures would have to be altered.  The budget had been cut by twenty percent and tough choices would have to be made on the services that the town would provide.

Vice Mayor Snider said that last year, Council used funds that had been set aside for management studies and agreed to fund Coyote Run for a year.  At that time, the town knew that a long term sustainable solution would be needed in order to meet the transit needs of the community.  She said that there was an Oro Valley Police Department program called "You Are Not Alone" in which volunteers would assist and ride with citizens on their trips.  Vice Mayor Snider noted that the Town of Marana didn't have a curbside service so it would not be possible to partner with them.

Councilmember Garner was concerned with loosing the autonomy if Coyote Run services were turned over to the RTA.  He felt that there were a lot of opportunities with partnering with Marana.  He wanted to use Bed Tax funds because the service could be an economic development driver for the town and because there would be a fund balance of $853,000 at the end of fiscal year 11/12 in the Bed Tax fund.  He was also concerned that if funding levels would drop for the RTA, it could be possible that service levels would decline.  He supported keeping Coyote Run whole for this coming fiscal year.

Councilmember Solomon asked for clarification regarding the current Coyote Run service area.

Transit Services Administrator Aimee Ramsey said that the Sun Shuttle service area would encompass all of Oro Valley and would go all the way to Oracle and Ina Roads as well as the Northwest medical complex.  If users would need to go outside of that service area and the user was not ADA disabled, the user would have to transfer.  A user that was ADA eligible could use the Handi-Car service to travel anywhere in the blue zone which was currently a larger service area than Coyote Run.

Councilmember Solomon felt that the town had worked out a system which would allow Oro Valley to maintain a high quality long term transportation system in Southern Arizona.

Councilmember Gillaspie felt that in the long term, the town was striving to create a long term sustainable transit system.  He felt that there still was value in Coyote Run and that it would be possible to increase the town's economic development potential along the Tangerine Corridor by partnering with Marana.  He felt that funding was still available for the 11/12 fiscal year.

Mayor Hiremath said that Coyote Run was originally funded because there were no other transportation services available.  Economic development should be viewed at a regional level, not just Marana.  The RTA was trying to stimulate regional economic development.  Mayor Hiremath encouraged residents to give the town the opportunity to develop a long term sustainable transit system and to fix problems as they would arise.

Mr. Carlos Deleon, Transit Director for the RTA understood the difficult decisions that needed to be made due to decreased budgets.  He was committed to working with staff to develop a transit system that would meet the needs of the residents and he would make sure that everyone would be treated with the respect and care that they deserved.

Councilmember Garner voiced his concern regarding the possibility of losing autonomy if the transit services would be turned over to the RTA and inquired whether it would be possible for the RTA to work with the town so that the town would still be able to maintain Coyote Run.

Mr. Deleon stated that under the Sun Shuttle contract, the Town of Oro Valley was a contractor to the RTA and the option was considered to maintain the core service by having the RTA continue to contract the Sun Shuttle services.

Vice Mayor Snider clarified that RTA funding would be secure through 2025 through a 1/2 cent sales tax.

Councilmember Hornat said that it was a difficult time to raise taxes and take away services.  He wanted to see Coyote Run cut back to a more economically viable form but not disbanded completely.

Vice Mayor Snider would like to see some type of a safety net in place for awhile for the folks whose needs were not met by the alternative transportation services.

Councilmember Solomon said that Coyote Run should be funded for an additional year to allow more time to work with the RTA on integrating the transportation services.

Mayor Hiremath called the question.

MOTION carried, 6-1 with Mayor Hiremath opposed.

Mayor Hiremath recessed the meeting at 8:07 p.m.

Mayor Hiremath reconvened the meeting at 8:17 p.m.

3.

AMENDMENT TO ZONING CODE AND TOWN CODE RELATING TO THE ESTABLISHMENT OF THE CONCEPTUAL DESIGN REVIEW BOARD (CDRB) AND CONCEPTUAL DESIGN REVIEW PROCESS


a.

PUBLIC HEARING: ORDINANCE NO. (O)11-17 AMENDMENT TO TOWN CODE SECTION 3-5-4 TO ESTABLISH THE CONCEPTUAL DESIGN REVIEW BOARD IN PLACE OF THE DEVELOPMENT REVIEW BOARD AND REPEAL OF TOWN CODE SECTION 3-6-9 TO ELIMINATE THE ART REVIEW COMMISSION


Planning Manager David Williams gave an overview of Ordinance No. (O)11-17.

Mayor Hiremath opened the public hearing.

Oro Valley resident Bill Adler was concerned about how the Code would be applied.  He wanted to see Council give uniform direction to the applicant(s).  He recommended that a super majority should be required in order to override or modify the recommendation.

Oro Valley resident Donald Bristow recommended eliminating staff from the board.  He felt that there wasn't a good balance of expertise on the board and recommended adding more members with an art background.

Mayor Hiremath closed the public hearing.

Vice Mayor Snider felt that the board should be expanded to include three individuals with art backgrounds.

Councilmember Solomon recommended a nine member body which would include two members with art backgrounds.

Councilmember Garner suggested that the town solicit residents with art backgrounds to serve on the board.

Councilmember Hornat was opposed to including staff members on the CDRB.  He felt that including staff on any town board or commission would not make it a citizen-oriented board or commission.

Councilmember Gillaspie felt that staff shouldn’t be included in the CDRB composition because there would be potential for the Council to put influence on them.

Mayor Hiremath agreed that the cleanest and easiest way to comprise a design and art review board would be to combine them into one but felt that the members with the art background would be outnumbered.  He preferred that the art members and the rest of the CDRB members would have separate jurisdictions that wouldn't overlap.

Discussion ensued regarding the possible makeup of the CDRB.

Town Attorney Tobin Rosen clarified that what staff had prepared and what the ordinance reflected was that there would be one committee with as many members as the Council would like to have on it that would consider the proposal as a whole and would vote on it as a whole.

MOTION:  A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to adopt Ordinance No. (O)11-17 repealing Oro Valley Town Code Section 3-5-4 establishing the CDRB and Section 3-6-9 regarding the Art Review Commission and adopting new Town Code Section 3-5-4 establishing the Conceptual Design Review Board in place of the Development Review Board with the change of removing staff as the Chair and Vice Chair and increasing the board size up to nine members with the stipulation that two of the members have art credentials.

MOTION carried, 7-0.

b.

RESOLUTION NO. (R)11-32 RULES AND PROCEDURES FOR THE CONCEPTUAL DESIGN REVIEW BOARD


Planning Manager David Williams gave a brief overview of item 3b.

MOTION:  A motion was made by Councilmember Waters and seconded by Councilmember Hornat to adopt Resolution No. (R)11-32 rules and procedures for the Conceptual Design Review Board included in attachment two and amend the rules and procedures for the CDRB to include up to nine citizen members with a minimum of two members with art credentials.

MOTION carried, 7-0.

c.

APPOINTMENT OF SEVEN MEMBERS TO THE ORO VALLEY CONCEPTUAL DESIGN REVIEW BOARD (CDRB) WITH STAGGERED TERMS EFFECTIVE THROUGH DECEMBER 31, 2012 AND DECEMBER 31, 2013


Planning Manager David Williams gave an overview of item 3c.

MOTION:  A motion was made by Councilmember Gillaspie and seconded by Vice Mayor Snider to appoint David Atler, Kit Donley, Harold Linton and Dino Sakellar to the Conceptual Design Review Board to serve terms ending December 31, 2013 and appoint Gil Alexander, Nathan Basken and Richard Luckett to the Conceptual Design Review Board to serve terms ending December 31, 2012 and that the initial term shall not count against the appointees term limits as specified in the Town Code.

MOTION carried, 7-0.

MOTION:  A motion was made by Vice Mayor Snider and seconded by Councilmember Hornat to advertise and take applications to fill the two art positions on the CDRB.

MOTION carried, 7-0.

4.

POSSIBLE ACTION TO ACCEPT TOWN MANAGER’S RESIGNATION AND APPOINT AN INTERIM TOWN MANAGER


TM Watson Resignation Letter

MOTION:  A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to accept the Town Manager's resignation effective June 30 and to place the Town Manager on Administrative leave with pay, effective midnight, June 12 and to appoint Assistant Town Manager Greg Caton as Acting Town Manager as of June 13, then as Interim Town Manager as of July 1.

MOTION carried, 6-1 with Councilmember Gillaspie opposed.

FUTURE AGENDA ITEMS

Councilmember Garner requested a future agenda item regarding the formation of ambassador groups, seconded by Councilmember Gillaspie.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION:  A motion was made by Councilmember Waters and seconded by Vice Mayor Snider to adjourn the meeting at 9:05 p.m.

MOTION carried, 7-0.