MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
May 15, 2013
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Mayor Hiremath called the meeting to order at 6:03 p.m.

ROLL CALL

PRESENT:
Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember

PLEDGE OF ALLEGIANCE

Onita Davis, Oro Valley American Legion Auxiliary, led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

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

COUNCIL REPORTS
          -Spotlight on Youth

Councilmember Snider recognized Evan Cramb, Junior at Canyon Del Oro High School, for his outstanding academic achievements.

Constituent Services Coordinator/Management Assistant Chris Cornelison introduced the Youth Advisory Committee.

Holly Durr, President of the Youth Advisory Council, gave an update regarding the achievements of the YAC.

Mayor Hiremath and Councilmember Snider presented Certificates of Achievement to the following Youth Advisory Committee members:

Holly Durr, Ironwood Ridge High School
Corbin Goldsmith, Ironwood Ridge High School
Paul Wrona, Ironwood Ridge High School
Patricia Wilson-Everett, Canyon Del Oro High School
Samantha Bean, Ironwood Ridge High School
Sarah Slater, Pusch Ridge
Cheyenne Sanchez, Canyon Del Oro High School
Shae Rhudy, Canyon Del Oro High School

Vice Mayor Waters reported on a rescue that occurred on the Linda Vista Trailhead in which individuals were attacked by a swarm of bees.  Life-Net helicopters were utilized to disperse the bees and the individuals were safely evacuated.

Councilmember Zinkin reported on a prescription drug discount card program that was available to all residents through the National League of Cities (NLC).  The discount card was available on the Town's website.

DEPARTMENT REPORTS

No reports were received.

ORDER OF BUSINESS

Mayor Hiremath reviewed the order of business and stated that the agenda would stand as posted.

INFORMATIONAL ITEMS

1.

Public Safety Providers Quarterly Report


Public Safety Providers Quarterly Report

OVPD 1st Quarter Statistics

CALL TO AUDIENCE

No comments were received.

PRESENTATIONS

1.

Proclamation - Oro Valley American Legion Auxiliary Poppy Days - May 24-26, 2013


Proclamation

Mayor Hiremath proclaimed May 24-26, 2013 as Oro Valley American Legion Auxiliary Poppy Days.

Onita Davis, Oro Valley American Legion Auxiliary, encouraged citizens to support the American Legion by donating during their Poppy Days fundraiser.  All proceeds would go to local veteran services.

CONSENT AGENDA

Councilmember Zinkin requested that items (B), (F) and (G) be removed from the Consent Agenda for discussion.

Councilmember Garner requested that item (H) be removed from the Consent Agenda for discussion.

Councilmember Hornat requested that item (E) be removed from the Consent Agenda for discussion.

A.

Fiscal Year 2012/2013 Financial Update through March 2013


Attachment A - General Fund

Attachment B - Highway Fund

Attachment C - Bed Tax Fund

Attachment D - Vacancy Savings Report

Attachment E - Summary All Funds

C.

Greater Oro Valley Chamber of Commerce Quarterly Report: January 1, 2013 - March 31, 2013


Chamber  FPA

Chamber Third Quarter Report

D.

Resolution No. (R)13-34, Authorizing the Execution and Delivery of an Agreement, a Trust Agreement and an Obligation Purchase Agreement; Approving the Sale, Execution and Delivery of Excise Tax Revenue Refunding Obligations, Series 2013, Evidencing a Proportionate Interest of the Owners Thereof in an Agreement Between the Town of Oro Valley, Arizona and a Trustee; Authorizing the Taking of all Other Actions Necessary to the Consummation of the Transactions Contemplated by this Resolution; and Declaring an Emergency


(R)13-34 Refunding Obligations 2013

Trust Agreement

Trustee Redemption Agmt

Oblig Purchase Agmt

Draft Term Sheet

Financing Calendar

I.

Resolution No. (R)13-39, Authorizing the Development and Infrastructure Services Department to apply for a grant from the Arizona Department of Transportation for funding of vehicles for the Transit Service Division


(R)13-39 ADOT Grant for Vehicles

FY 2013 Application

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Approve Consent Agenda items (A), (C)-(D), and (I).

MOTION carried, 7-0.

B.

Metropolitan Tucson Convention and Visitors Bureau Quarterly Report: January 1, 2013 - March 31, 2013


MTCVB FPA

MTCVB Third Quarter Report

Councilmember Zinkin spoke on the Metropolitan Tucson Convention and Visitors Bureau Financial Participation Agreement.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Garner to Accept the Metropolitan Tucson Convention and Visitors Bureau Quarterly Report:  January 1, 2013 - March 31, 2013.

MOTION carried, 7-0.

E.

Resolution No. (R)13-35, Authorizing and approving an Amendment to the Site Specific Agreement to the Intergovernmental Agreement between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network. Contract #CTN-IT-12000000000000000268 (formerly No. 01-14-O-143059-071)


(R)13-35 Site Specific Amendment - PCWIN

SSA Amendment

Councilmember Hornat inquired as to what the cost would be to the Town.

Deputy Police Chief Larry Stevens said that the funding would come from anti-racketeering funds so there would not be any cost to the Town.

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to Approve Resolution No. (R)13-35, authorizing and approving an amendment to the Site Specific Agreement to the intergovernmental agreement between Pima County and the Town of Oro Valley for the Pima County Wireless Integrated Network.

MOTION carried, 7-0.

F.

Resolution No. (R)13-36, Authorizing and Approving a High Intensity Drug Trafficking Area (HIDTA) Grant Agreement with the City of Tucson Allowing for Two (2) Officers to be Assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA)


(R)13-36 HIDTA - CNA

CNA HIDTA AGREEMENT

G.

Resolution No. (R)13-37, Authorizing and Approving a High Intensity Drug Trafficking Area (HIDTA) Grant Agreement with the City of Tucson Allowing for One (1) Officer to be Assigned to the Pima County HIDTA Investigative Task Force (PCHITF)


(R)13-37 HIDTA - PCHITF

PCHITA GRANT AGREEMENT

Councilmember Zinkin inquired as to whether items (F) and (G) were cost neutral to the Town.

Police Chief Danny Sharp stated that both items (F) and (G) were cost neutral to the Town.

MOTION: A motion was made by Councilmember Zinkin and seconded by Councilmember Snider to Approve Resolution No. (R)13-36, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement with the City of Tucson allowing for two (2) Officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) and further MOVE to approve Resolution No. (R)13-37, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement with the City of Tucson allowing for one (1) Officer to be assigned to the Pima County HIDTA Investigative Task Force (PCHITF).

MOTION carried, 7-0.

H.

Resolution No. (R)13-38, Authorizing and approving a grant contract between the Oro Valley Police Department and the Governor's Office of Highway Safety (G.O.H.S.) for funding of one (1) DUI Enforcement SUV and one (1) DUI Phlebotomy van to enhance DUI enforcement in the Town of Oro Valley


(R)13-38 GOHS - DUI Enforcement Grant

GOHS 2013-164-002

Councilmember Garner inquired as to whether vehicles would be replaced or added to the existing fleet.

Lieutenant Chris Olson said that the Tahoe would be replacing a 2008 Crown Victoria and the phlebotomy van would be an addition to the existing fleet.

MOTION: A motion was made by Councilmember Garner and seconded by Vice Mayor Waters to Approve Resolution No. (R)13-38, authorizing and approving a grant contract between the Oro Valley Police Department and the Governor's Office of Highway Safety (G.O.H.S.) for funding of one (1) DUI Enforcement SUV and (1) DUI phlebotomy van to enhance DUI enforcement in the Town of Oro Valley.

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: RESOLUTION NO. (R)13-40, APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE TOWN OF ORO VALLEY FOR THE FISCAL YEAR 2013/2014, INCLUDING APPROVAL OF THE 15-YEAR CAPITAL IMPROVEMENT PLAN (CIP) FROM FY 2013/14 THROUGH FY 2027/28


(R)13-40 FY 2013-14 Final Budget

Auditor General Budget Forms 2013-14

Capital Improvement Program

Finance Director Stacey Lemos gave an overview of item #1.

Mayor Hiremath opened the public hearing.

The following individuals spoke on item #1:
 
Oro Valley resident John Musolf
Oro Valley resident Richard Tracy Sr.
Oro Valley resident Tom Kamoske
Oro Valley Police Officer and resident Carmen Trevizo
Oro Valley resident Lyra Done
Oro Valley resident Donald Bristow
Oro Valley resident Debra Arrch
Oro Valley resident Bill Adler

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Approve Resolution No. (R)13-40, approving the adoption of the final budget of the Town of Oro Valley for Fiscal Year 2013/14 with the changes noted in the Executive Summary section above related to funding for the Greater Oro Valley Chamber of Commerce at $30,000 in the Bed Tax Fund and the Council-designated reserve amount established at $197,000 in the General Fund and further MOVE to approve the Town of Oro Valley 15-Year Capital Improvement Plan (CIP) for FY 2013/14 through FY 2027/28.

MOTION carried, 5-2 with Councilmember Garner and Councilmember Zinkin opposed.

2.

2012 UNIFORM CODES


a.

RESOLUTION NO. (R)13-33, DECLARING AS PUBLIC RECORD CERTAIN DOCUMENT KNOWN AS THE 2012 TOWN OF ORO VALLEY POOL AND SPA CODE AS AMENDED


(R)13-33 TOV Pool and Spa Code

2012 TOV Pool and Spa Code as Amended

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Snider to Approve Resolution No. (R)13-33, declaring as public record certain document known as the 2012 Town of Oro Valley Pool and Spa Code as Amended.

MOTION carried, 7-0.

b.

PUBLIC HEARING: ORDINANCE NO.'S (O)13-05 THROUGH (O)13-14, ADOPTING CERTAIN DOCUMENTS COLLECTIVELY KNOWN AS THE 2012 INTERNATIONAL BUILDING CODES, THE 2011 ELECTRICAL CODE AND THE 2012 POOL AND SPA CODE


(O)13-05 International Building Code 2012

2012 IBC Amendments

(O)13-06 International Residential Code 2012

2012 IRC Amendments

(O)13-07 International Plumbing Code 2012

2012 IPC Amendments

(O)13-08 International Mechanical Code 2012

2012 IMC Amendments

(O)13-09 International Fuel Gas Code 2012

2012 IFGC Amendments

(O)13-10 International Fire Code 2012

2012 IFC Amendments

(O)13-11 International Property Maintenance Code 2012

2012 IPMC Amendments

(O)13-12 International Energy Conservation Code 2012

2012 IECC Amendments

(O)13-13 TOV Pool & Spa Code 2012

2012 Pool and Spa Code Amendments

(O)13-14 National Electric Code 2011

2011 NEC Amendments

This matter was continued from the regular meeting held on May 1, 2013.

Building Official Chuck King answered questions from Council regarding the 2012 Uniform Codes.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Approve Ordinance No.'s (O)13-05 through (O)13-14, adopting the 2012 editions of the International Residential Code, International Building Code, International Plumbing Code, International Mechanical Code, International Fire Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, the 2011 edition of the National Electrical Code and the 2012 edition of the Oro Valley Pool and Spa Code, with amendments thereto, and to repeal all ordinances that are in conflict with these codes and amendments.

MOTION carried, 6-1 with Councilmember Zinkin opposed.

Mayor Hiremath recessed the meeting at 7:40 p.m.

Mayor Hiremath reconvened the meeting at 7:49 p.m.

3.

DISCUSSION AND POSSIBLE ACTION TO INITIATE A ZONING CODE AMENDMENT TO SECTION 27.3, PUBLIC ARTWORK PROVISIONS; UPDATE ON PUBLIC ART ACTIVITIES


Attachment 1 - Section 27.3

Senior Planner Hillary Turby gave an overview of item #3.

The following individual spoke on item #3:
 
Oro Valley resident Bill Adler

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters initiate an amendment to Section 27.3 of the Zoning Code to revise and expand the definition of Public Art, establish a "call to artists" process and amend the review and approval process for public art.

MOTION carried, 7-0.

4.

PUBLIC HEARING: ORDINANCE NO. (O)13-15, AMENDING THE ORO VALLEY TOWN CODE SECTION 3-2-5, TOWN ATTORNEY


(O)13-15 Amending Section 3-2-5 Town Attorney

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to Approve Ordinance No. (O)13-15, amending the Oro Valley Town Code Section 3-2-5, Town Attorney.

MOTION carried, 7-0.

5.

PUBLIC HEARING: ORDINANCE NO. (O)13-16, AMENDING THE ORO VALLEY TOWN CODE SECTION 3-2-1, TOWN MANAGER


(O)13-16 Amending Section 3-2-1 Town Manager

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to Approve Ordinance No. (O)13-16, amending the Oro Valley Town Code Section 3-2-1, Town Manager.

MOTION carried, 7-0.

6.

PUBLIC HEARING: ORDINANCE NO. (O)13-17, AMENDING THE ORO VALLEY TOWN CODE SECTION 3-6-7, POWERS AND DUTIES OF THE PARKS AND RECREATION ADVISORY BOARD


(O)13-07 Amending Section 3-6-7

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to Approve Ordinance No. (O)13-17, amending the Oro Valley Town Code Section 3-6-7, Powers and Duties of the Parks and Recreation Advisory Board.

MOTION carried, 7-0.

7.

DISCUSSION AND POSSIBLE ACTION REGARDING WHETHER TO REIMBURSE GENERAL FUND CONTINGENCY RESERVES USED TO PAY FOR TUCSON ELECTRIC POWER (TEP) UNDERGROUNDING COSTS OF $2.1 MILLION


Ms. Lemos gave an overview of item #7.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Hornat not to pay back General Fund Contingency Reserves used to pay for the Tucson Electric Power (TEP) undergrounding costs of $2.1 Million.

MOTION carried, 4-3 with Councilmember Burns, Councilmember Garner, and Councilmember Zinkin opposed.

FUTURE AGENDA ITEMS

Councilmember Snider requested a future agenda item to discuss Council's policy regarding the General Fund Reserves account, seconded by Mayor Hiremath.

Councilmember Burns requested a future agenda item to list and discuss General Fund revenue sources, seconded by Mayor Hiremath.

Councilmember Zinkin requested a future agenda item for June 5th to discuss terms and conditions of employment of the Chief of Police and to hold a public hearing to amend Town Code Section 3-2-3 regarding the placement of the Chief of Police under the Town Manager instead of Council, seconded by Councilmember Garner.

Councilmember Zinkin requested a future agenda item for June 19th regarding indemnification of all off duty employment for outside agencies, seconded by Councilmember Garner.

Councilmember Burns requested a future agenda item to discuss options of placing a School Resource Officer (SRO) at Coronado K-8.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Councilmember Hornat and seconded by Vice Mayor Waters to Adjourn the meeting at 8:36 p.m.

MOTION carried, 7-0.