MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
January 4, 2012
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
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember

Councilmember Garner attended the meeting via telephone.

EXECUTIVE SESSION

Pursuant to ARS 38-431.03(A)(1) to discuss personnel matters - Annual evaluation of Town Attorney and 6-month evaluation of Interim Town Manager

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Snider go into Executive Session to discuss personnel matters regarding the annual evaluation of the Town Attorney and the 6-month evaluation of the Interim Town Manager.

MOTION carried, 7-0.

Mayor Hiremath stated that the following Town staff members would join Council in Executive Session:  Town Clerk Julie Bower, Interim Town Manager Greg Caton, and Town Attorney Tobin Rosen.

RESUME REGULAR SESSION

CALL TO ORDER

Mayor Hiremath called the meeting to order at 6:00 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

Councilmember Garner attended the meeting via telephone.

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Communications Administrator Misti Nowak reviewed the upcoming Town meetings and events.

COUNCIL REPORTS

Councilmember Waters commended the Information Technology Department staff on the speed in which they installed the new audio system in the Council Chambers.  The new microphones were tested before the Council meeting and Councilmember Waters stated that it was a valuable upgrade. 

Vice Mayor Snider referenced a letter in the Informational Items section of the Council packet from Onita Davis who thanked several members of the Police Department for their assistance with the Oro Valley leg of the Wounded Warrior Project fundraiser.  Councilmember Hornat added that the community had really supported the event and that the American Legion had raised over $10K.

Vice Mayor Snider acknowledged that the upcoming weekend was the first anniversary of the tragic shooting of Congresswoman Giffords and constituents in the community.  She stated that there were numerous community events that would be held in conjunction with BEYOND Tucson, and that James D. Kriegh Park would have an event from 12-3 PM on January 7th with activities for the family.

DEPARTMENT REPORTS

Paul Keesler, Interim Director of Development and Infrastructure Services, announced that the Town had partnered with the Arizona Department of Corrections to participate in the Community Betterment Program.  He stated that helpers were paired with the town’s street crew to clear out brush, most recently at Steam Pump Ranch.

Water Utility Director Philip Saletta updated the Council on the construction project for the interim delivery of Oro Valley's Central Arizona Project (CAP) water, which started in mid-December.  He stated that the final approval was expected the week of January 16th, with delivery expected the week of January 23rd. 

ORDER OF BUSINESS

The Mayor kept the order of the agenda as numbered. 

INFORMATIONAL ITEMS

1.

Police Department Appreciation Letter(s)


120611 Letter

122011 Letter

2.

DIS Customer Feedback


DIS Customer Feedback

CALL TO AUDIENCE

Helen Dankwerth, Oro Valley resident, thanked the Mayor for his comments that he made in the Explorer newspaper regarding the Oro Valley Public Library.  She stated that the Library did not belong to the County, but rather to Oro Valley and its citizens and asked that all discussions be made transparant regarding the IGA (intergovermental agreement).

Jerome Hallberg, Oro Valley resident, referenced the upcoming renovations at James D. Kriegh Park and stated that it was not necessary to spend money for a competition pool.  He asked that the Council look at a private/public partnership in the community before they started the project.

Councilmember Hornat asked that Town staff get Mr. Hallberg’s contact information so that a Councilmember could explain to him where the economic development funding was coming from for the project, and how Bed Tax dollars could be spent.

PRESENTATIONS

There were no presentations on the agenda.

CONSENT AGENDA

Consent Agenda item (C) was pulled for discussion at the request of Vice Mayor Snider.

A.

Minutes - October 19, 2011


10/19/11 Minutes

B.

Police Department Statistics - October 2011


October 2011 PD Stats

D.

Resolution No. (R)12-01, approving the Annual Legislative Agenda of the Town and Protocols guiding the Town’s priorities for the upcoming legislative session and any lobbying activities


R12-01 Legislative Agenda 2012

League Resolutions

State Legislature

Legislative Agenda

E.

Resolution No. (R)12-02, authorizing and approving the transfer of Honey Bee Park from Pima County to the Town of Oro Valley


R12-02 Transfer of Honey Bee Park

Honey Bee Park Conservation Easement

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Solomon approve Consent Agenda items (A), (B), (D), and (E).

MOTION carried, 7-0.

C.

Appointments to various Boards and Commissions (PULLED FOR DISCUSSION BY VICE MAYOR SNIDER)


BOA Applications

PRAB Applications

Reappointment Request

Vice Mayor Snider thanked the Oro Valley citizens that served on Boards and Commissions and recognized those in attendance that evening.

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Waters approve Consent Agenda item (C).

MOTION carried, 7-0.

REGULAR AGENDA

1.

ELECTION OF VICE MAYOR


Vice Mayor Snider thanked the Council for letting her serve a term as Vice Mayor and then made a suggestion for the 2012 term.

MOTION: A motion was made by Vice Mayor Snider and seconded by Councilmember Hornat elect Councilmember Waters as the Vice Mayor for 2012.

MOTION carried, 7-0.

2.

RESOLUTION NO. (R)12-03, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA GAME AND FISH COMMISSION FOR AN ARCHERY RANGE AT THE ORO VALLEY NARANJA TOWN SITE PARK


R12-03 IGA with AZ Game and Fish

IGA

Conceptual Layout Plan of Archery Courses

Conceptual Layout Plan of Archery Courses with Naranja Park Master Plan

Archery Open House Feedback 8_18_11

Archery Open House Feedback 9-26-11

Archery Safety Insight

Fixed Archery Range Rules

Walk-Around Archery Range Rules

Assistant Recreation Manager Robert Carmona reviewed his Powerpoint presentation which included the history of the Naranja Park, its current facilities, the proposal, as well as the fiscal impact for the town.  Mr. Carmona explained to the Council who comprised the Archery Working Group and that they had hosted two open houses and had received 65 comments from citizens, the majority in favor of the archery range.  He reviewed the national safety statistics for archery ranges compared to other sports, the course design and reported that neither the Safety and Risk Manager nor the Arizona Municipal Risk and Retention Pool representative had any concerns with the site. 

Gerry Perry, representing the Archery Working Group, spoke on the demand for archery in the community including youth participation and exercise enthusiasts.  He explained that the Conceptual Plan included two 10-acre archery ranges and two 14-target walking courses that used existing trails.  He added that the town would operate and manage the course during daylight hours, based on a phased-in plan.

Mr. Carmona explained how the course would be funded which included an Intergovernmental Agreement with Arizona Game and Fish, participation by the the Archery Trade Association, the Pusch Ridge Archers, as well as grant opportunites.  He pointed out that the course would stimulate economic development in the town by including handicaps, seniors, and youth and could bring a larger signature event to the area for avid archers.  Lastly, he reviewed the fee structure, maintenance costs and fiscal impact that the course would bring to the town.     

Mr. Carmona opened the discussion up to questions and responded to the following:
 - The $50,000 match in grant monies could be resources, land, or labor and did not have to be cash
 - The Proposed Fee structure was $5 daily and $50 annually
 - May be a citizen rate vs. a non-citizen rate
 - The fiscal impact in the slides did not include tournaments
 - There was nothing in writing regarding a liability fee increase
 - There was no discussion to date regarding archery events that would be in the town
 - Any discounted rates to groups or clubs would need to offset staff costs

Mayor Hiremath opened the floor for public comment and the following individuals spoke on this item:

 - Dave Corrigan, Tucson resident, spoke in favor of the range and added that he had not experienced any unsafe incidents during his many years of archery including children’s events. 

 - Jim Littlejohn, Oro Valley resident, spoke in support of archery and stated that he had fond memories of being a kid and shooting a bow and arrow and that the range would be great for families and the community.

 - Ed Snyder, Saddlebrooke resident and President of its’ Archery Club, thanked the Council for the proposed range and reported that the sport of archery was safe, quiet and family friendly and that his club was interested in sustaining the range and volunteering on a greater scale.

 - Dennis Wylder, Tucson resident,  noted that he belonged to the Desert Archers which was over 20 miles away and that he strongly supported having a closer range.  He stated that young people received joy from archery as well as exercise and suggested that an archery shop could follow a range into the town.     

 - Stan Strebig, Saddlebrooke resident, stressed that he believed that Oro Valley would benefit economically from a range, that archery was safe and repeated that his Archery Club would volunteer their time on the range.

 - Eric Weiss, Tucson resident, supported the range and stated that as a long-time archer he knew that archery events were well-attended by the participants’ friends and family.  He stated that there was a gap on the north side of Pima County for a nearby and well-maintained archery range.

 - Roger Johnson,  Tucson resident and member of the Desert Archers, commented that there was nothing better than a field range over a fixed range. 

 - Matt Cannon, Oro Valley resident, explained that he was a parent of four young children and that archery was an excellent sport for kids that did not do well in team sports, was good exercise and got them off of the couch.

 - Bill Adler, Oro Valley resident, was concerned that the range was supposed to be a temporary use and urged the Council to have the topography be proved useful for a range.

Vice Mayor Waters asked if there would be supervision on the range and who would enforce the rules if they were broken by the archers. 

Mr. Carmona responded that the majority of ranges were self-regulated courses because groups relied on their permits that needed to be renewed each year.

Mr. Perry added that no course provided supervision because peer pressure from the groups and archers on the range was sufficient.  For example, if an arrow was ruined, there would be repercussions and it was not cheap to reimburse someone.

Lt. Teachout stated that the Police Department was down the street and that volunteers could patrol the park and respond to calls, similar to routine noise or dog off-leash complaints.  He added that there was discretion among the officers for sanctions regarding property damage, willful vandalism, etc.

Councilmember Solomon commented that the proposal was an innovative example of a public/private partnership and that the master plan for the park site would remain untouched by this range.

Councilmember Gillaspie pointed out that when the range was approved, the master plan was supposed to remain untouched.  He stated that the need for recreation in the community was paramount and thanked the archery community for being patient with the Council.  He thanked the Town staff who worked on the issue and thanked the Council for working on the item.

MOTION:  A motion was made by Councilmember Gillaspie and seconded by Councilmember Snider to adopt Resolution (R)12-03, authorizing and approving an intergovernmental agreement between the Town of Oro Valley and the Arizona Game and Fish Commission for an archery range at the Oro Valley Naranja Town Site Park with the following conditions:

 - Development of this facility will be contigent on funding through private sources, grants, other government agencies and the Arizona Game and Fish Department.
 - The facility is to be constructed as funds become available and, if necessary, in phases with the fixed course being constructed first, followed by the east walk-around course and, lastly, the west walk-around.
 - Targets shall be placed away from saguaros and pathways and should avoid vegetation.  Targets should be marked.

MOTION carried, 7-0.

Mayor Hiremath recessed the meeting at 7:24 p.m. and resumed the meeting at 7:33 p.m.

3.

PUBLIC HEARING - ORDINANCE NO. (O)12-01 AMENDING SECTION 3-2-2 OF THE TOWN CODE CHANGING REQUIREMENT FROM SYNOPSIS MINUTES TO ACTION MINUTES AND RESOLUTION NO. (R)12-04 AMENDING SECTION 4.8 OF THE TOWN COUNCIL PARLIAMENTARY RULES AND PROCEDURES REGARDING A CHANGE TO ACTION MINUTES


(O)12-01 Synopsis to Action Minutes

(R)12-04 Amending Section 4.8

Town Clerk Julie Bower explained the request to change to synopsis minutes and the huge reduction in staff time that the departments would benefit from.  She accounted for the audio and video recordings that were archived and made immediately available to the public, and clarified that summary minutes would be made available for meetings when there were no recordings.   

Mayor Hiremath opened the public hearing.

 - Alan Dankwerth, Oro Valley resident, spoke against the amendment and stated that complete transparency was important and that synopsis minutes should be kept.

John Musolf, Oro Valley resident, spoke against the amendment and stated that going to action minutes reduced transparency.  He also stated that he could not find examples of the proposed action minutes.

Donald Bristow, Oro Valley resident, was undecided regarding the action minutes but remarked that the City of Tucson’s action minutes were limited and he had concerns for the hearing impaired.

Bill Adler, Oro Valley resident, was concerned about Board and Commission meetings because those volunteers were not as accessible to the public as the elected officials. 

Mayor Hiremath recessed the meeting at 7:46 p.m. and resumed the meeting at 7:48 p.m.

Vice Mayor Waters noted that the Town Clerk had addressed the issue of what would happen if the audio or video system failed during a meeting.

Councilmember Gillaspie remarked that it was not until the audio and video recordings were available that the Town moved from verbatim to synopsis minutes.  He asked for an explanation of synopsis minutes vs. action minutes and suggested that it would be helpful to have an example.

Town Attorney Tobin Rosen responded that there was no legal requirement to have full minutes of a meeting, just a record of the actions taken.  He also reviewed Arizona’s Open Meeting Law statute which stated that as long as the public could attend the meetings when they were going on, the law was being followed.

Councilmember Hornat requested examples of synopsis and action minutes so that he could see the difference between the two.

Councilmember Garner asked what the current state-required retention period was for minutes, and what the retention period was for audio and video media.  He mentioned that there was nothing broken to make a move to action minutes.

Councilmember Snider expressed that there was not an issue regarding the action minutes but that there should be an example available for people to see.  She added that it had nothing to do with the Council being less transparent; it was another way to be more efficient.  She asked that an example of action minutes and synopsis minutes be brought back to Council for review.

Councilmember Solomon concurred that there was not a transparancy issue because the full meetings were online and available for the entire public to view.  He reiterated that the Council was always looking for efficiencies and that Town staff had been reduced as well as expenditures by the town.  He stated that action minutes were more user friendly and that staff time would be saved.

Mayor Hiremath inquired as to how other municipalities utilized their staff time regarding minutes completion.

Ms. Bower replied that the City of Phoenix had 62 employees in their Clerk’s Office and 3 of them were devoted strictly to Council minutes; City of Tucson Clerk’s Office had 21 employees and 2-4 completed Council minutes; City of Scottsdale had 7 on staff and 1-2 completed Council minutes; City of Chandler had 5 on staff and 2 completed Council minutes full-time as well as one contracted employee.

Interim Town Manager Greg Caton reported that in addition to the Clerk’s Office, there were several other departments that had staff who completed minutes and that some positions had not been filled yet.

Councilmember Gillaspie said that synopsis minutes did not reflect what he said in nuance or inferred meaning.

Mayor Hiremath stressed that the transparency issues brought up were about trust and that trust was not a unilateral street.  He stated that he did not understand the perceived lack of transparency within the Town, which was a diversion from the problem at the state and national level.

Councilmember Snider added that she shared the Mayor’s frustration.
 
MOTION:  A motion was made by Councilmember Snider and seconded by Councilmember Solomon to take no action, and directed staff to bring an example back to the January 18, 2012 Council meeting of the proposed Action Minutes.

MOTION carried, 7-0.

4.

DISCUSSION AND POSSIBLE ACTION REGARDING CONCEPTUAL PUBLIC ARTWORK FOR GARDEN GATE, A LANDSCAPE DESIGN CENTER LOCATED AT 8620 N. ORACLE ROAD


Attachment 1 - Condition of Approval

Attachment 2 - Conceptual Public Artwork

Attachment 3 - CDRB Staff Repart

Attachment 4 - Approved Architecture and Site Plan

Planning Division Manager David Williams reviewed the artwork request for Garden Gate.  He stated that the conceptual design had been approved by the Conceptual Design Review Board, showed Council the conceptual drawing of the sculpture, the landscape design, referenced the location map and the public artwork location within the center.   

Vice Mayor Waters questioned why the artwork was going to Council if it had already been approved by the Conceptual Design Review Board.

Mr. Williams stated that all conceptual art still went to Council for approval. 
 
Development and Infrastructure Services Director Paul Keesler determined that the Garden Gate was a project that had experienced some impediments over the years and was caught between the old process of the Development Review Board and the new process of reviewing all packages at once.

MOTION:  A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve the Conceptual Public Artwork for Garden Gate at 8620 N. Oracle Road, subject to the condition in Attachment 1.

Attachment 1
Conditions of Approval
Town Council
January 4, 2012

Garden Gate
Public Artwork
OV511-05

1.     The landscape plan must be revised to include the public artwork location and to ensure that there is adequate area for optimal viewing of the public artwork by visitors and occupants of the building.

MOTION carried, 7-0.

FUTURE AGENDA ITEMS

Councilmember Gillaspie requested that the Council make a verbal request to the Mayor when they would like to speak during the Council meeting instead of raising their hand or making eye contact or gestures.

CALL TO AUDIENCE

There were no speaker requests.

ADJOURNMENT

MOTION:  A motion was made by Councilmember Snider and seconded by Councilmember Hornat to adjourn the meeting at 8:15 p.m.

MOTION carried, 7-0.