MINUTES
ORO VALLEY TOWN COUNCIL
SPECIAL SESSION
June 29, 2011
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
SPECIAL SESSION

CALL TO ORDER

Mayor Hiremath called the meeting to order at 6:00 p.m.

ROLL CALL

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

EXCUSED: Mary Snider, Vice Mayor

Councilmember Gillaspie arrived at 6:10 p.m.

2.

Appointment of two members to the Oro Valley Conceptual Design Review Board (CDRB) with staggered terms effective through December 31, 2012 and December 31, 2013.


Councilmember Waters recommended Dick Eggerding, the co-founder of Greater Oro Valley Arts Council and Rachel Childers who attended the University of Arizona with a major in Art History to the Conceptual Design Review Board.

MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Hornat to appoint Rachel Childers to the Conceptual Design Review Board with her term ending December 31, 2012 and to appoint Dick Eggerding to the Conceptual Design Review Board with his term ending December 31, 2013.  These initial terms shall not count against the appointees term limits.

MOTION carried, 5-0.

3.

Discussion and possible action regarding the formation of a Council work group for the examination of the Coyote Run transit system.


Mayor Hiremath stated that he had erroneously appointed Councilmember Waters and Councilmember Solomon to a sub-committee without the presence of the Council. 

MOTION:  A motion was made by Mayor Hiremath and seconded by Councilmember Hornat to appoint Councilmember Waters and Councilmember Solomon to the sub-committee to work on the examination of the Coyote Transit System.

Councilmember Garner asked if it would be prudent to have Councilmember Gillaspie present.

Councilmember Solomon called the question.
 
MOTION carried, 4-1 with Councilmember Garner opposed.

Mayor Hiremath recessed the Special Session at 6:05 p.m.

STUDY SESSION  

Mayor Hiremath convened the Study Session at 6:05 p.m.

ROLL CALL

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

EXCUSED: Mary Snider, Vice Mayor

1.

Discussion Regarding Temporary Relief Strategies for Businesses


Economic Development Manager Amanda Jacobs requested direction from Council for a temporary relief program that would assist businesses during the current and future economic downturns.

Ms. Jacobs discussed the tools that were used to help local businesses which included the Business Navigator and business retention and expansion program as well as the Shop Oro Valley and Dine Oro Valley programs.  The CDRB board had been established and the Sign Code was updated. 

Councilmember Gillaspie arrived 6:10 p.m.

Mayor Hiremath stated that Council needed to develop temporary relief strategies for businesses depending upon economic factors at that time.

Councilmember Waters stated that sales tax revenue dropped 29 months of the last 30 months and that the town needed more than a temporary solution.  He felt that structural changes would be needed to the town's business relief program.

Councilmember Solomon stated that the businesses he spoke with said that the temporary A-frame signs made a large impact on their businesses and recommended that provisions should be made to extend the use of A-frames.

Councilmember Hornat asked if A-frames were ever allowed.

Ms. Jacobs said A-frames were allowed during the temporary sign waiver program from August 1, 2010 through April 15, 2011.

Councilmember Hornat asked Finance Director Stacey Lemos if there was a further drop in sales tax.

Ms. Lemos stated the largest drop was in construction sales tax.  

Councilmember Garner stated that business relief programs should be based on national, state or local economic indicators.

Councilmember Solomon said another tool that could be utilized was to reduce the 4% construction sales tax to 2% to spur more construction in town. 

Councilmember Gillaspie said the construction sales tax could be scaled back if there were specific benefits to the community.

Mayor Hiremath opened the public hearing.

Oro Valley resident Bill Adler said construction sales tax could be enhanced if the town recruited new businesses and if zoning restrictions were relaxed.  He recommended changing ordinances to provide relief.

Councilmember Waters asked Mr. Adler if amending the General Plan was a quick process.

Mr. Adler stated that a General Plan amendment was very time consuming because of the current five criteria that must be addressed.  He recommended reducing the criteria to one so that the process would be quicker. 

Councilmember Gillaspie advised Council to direct staff to move forward on a relief package that would not amend the Code.

Oro Valley resident Don Bristow said businesses needed to take a proactive part in solving their own problems.  He recommended that the town should pursue discount cards for restaurants and felt that A-Frames hadn’t performed well.

Interim Town Manager Greg Caton was developing a plan in conjunction with Ms. Jacobs to bring forth economic development programs and opportunities for Council consideration.

Oro Valley resident Harold Adair stated that Texas Governor Rick Perry, was actively pursuing businesses in Arizona to move to Texas.  He recommended that the town work with other municipalities to get more business in the town.

Oro Valley resident Dave Perry, President and CEO of the Northern Pima County Chamber of Commerce stated that Oro Valley sales tax revenue had declined 29 months out of the last 36 months.  He said that the business community wanted predictability and certainty about structure, regulation and taxation.  He urged Council to consider relief options that would assist struggling business owners.

Councilmember Garner noted that Texas was able to attract an enormous amount of business to the state due to their tax structure at the state level.

Council directed staff to move forward with temporary relief strategies.

Mayor Hiremath closed the Study Session and reconvened the Special Session at 6:39 p.m.

SPECIAL SESSION

1.

PUBLIC HEARING - ORDINANCE NO. (O)11-18, RELATING TO FIRE PROTECTION AND PREVENTION; PROHIBITING THE USE OF FIREWORKS AND THE SALE OF FIREWORKS OTHER THAN PERMISSIBLE CONSUMER FIREWOREWORKS WITHIN THE TOWN OF ORO VALLEY, EXCEPT AS PROVIDED HEREIN, AMENDING THE ORO VALLEY TOWN CODE BY AMENDING CHAPTER 10, OFFENSES, BY ADDING A NEW ARTICLE 10-13; FIREWORKS


Town Attorney Tobin Rosen gave an overview of the item.

Mr. Rosen stated that the City of Tucson had banned fireworks due to the wildfire danger.  The town, along with Golder Ranch Fire District, recommended an emergency ordinance that would restrict and prohibit the use of permissible consumer fireworks within the town. 

Councilmember Hornat asked if the ordinance would be permanent.

Mr. Rosen stated it would be a permanent prohibition but Council could choose a temporary ordinance.

Councilmember Garner asked if Chief Karrer could inform Council on how many firework incidents had occurred within the town.

Fire Chief Randy Karrer was only aware of one incident which involved an illegal aerial firework.

Councilmember Garner clarified that the ordinance would prohibit any firework that would leave the ground.

Councilmember Solomon requested clarification on what the hazard was from these devices on the environment.

Chief Karrer was concerned that even the small fireworks that wouldn’t leave the ground, such as sparklers, posed a very high fire risk.

Councilmember Solomon asked if a fire were to start in a dry area, would there be a high probability of high winds endangering neighboring homes.

Chief Karrer stated with high winds and low humidity, fires were very hard to stop and a few weeks of rain would not help.  He applauded General Manager Lynn Ericksen of the Hilton El Conquistador Resort for cancelling their fireworks show because of the extreme conditions.

Councilmember Solomon asked what the recommended criteria would be when conditions improved.

Chief Karrer stated the criteria would be related to humidity, wind speed and temperature.  Council had passed a plan on how the town would protect its open spaces and the concern was that if there was a fire in this area, the result would be devastating.

Councilmember Waters felt that a temporary ban on fireworks was necessary due to the dry conditions.

Councilmember Garner agreed there should be a temporary ban on fireworks but not a permanent ban.

Councilmember Gillaspie asked Mr. Rosen whether or not fireworks were illegal in Oro Valley prior to the passage of the state law.

Mr. Rosen stated prior to the passage of the state law last year, fireworks were illegal throughout the state of Arizona.  The law allowed the sale and use of permissible fireworks but the law did give cities and towns the ability to regulate the use but not the sale of permissible fireworks.  

Councilmember Waters asked what the liabilities would be for anyone who violated the ordinance and started the fire.

Mr. Rosen stated the liability would extend to the individual who violated the ordinance and that if an emergency response was necessary, the individual would be liable for the cost of the response.

MAYOR HIREMATH OPENED THE PUBLIC HEARING

John Munger, resident of Tucson, representative for TNT Fireworks reviewed statistics that covered years 2001 through 2009.  Fireworks were responsible for a very small proportion of the number of acres burned.  He believed that a permanent ban was unnecessary but had agreed that individuals who started fires should be held responsible for paying for the emergency response.   

Councilmember Solomon felt that a permanent fireworks ban was unnecessary.

Lynn Erickson, General Manager of the Hilton El Conquistador Golf and Tennis Resort stated it was a tradition to have a firework show but with the dangerous conditions this year, the hotel would not have a fireworks display.  The safety of staff and community was what motivated the decision to cancel the firework display.  Instead of a fireworks display, the hotel would replace it with a laser light show and postpone the firework show until Labor Day weekend.

MAYOR HIREMATH CLOSED THE PUBLIC HEARING

MOTION:  A motion was made by Councilmember Waters and seconded by Councilmember Hornat to adopt Ordinance No. (O)11-18, relating to fire protection and prevention; prohibiting the use of fireworks and the sale of fireworks other than permissible consumer fireworks within the Town of Oro Valley, except as provided herein, amending the Oro Valley Town Code by amending Chapter 10, offenses, by adding a new article 10-13; fireworks; whereas, on a temporary basis, the Town Fire Marshall in consultation with Town officials may lift the use restrictions.

MOTION TO AMEND:  A motion was made by Councilmember Gillaspie and seconded by Councilmember Waters to amend the motion to specify that the restriction on the use of fireworks be temporary and that it be evaluated on a monthly basis with recommendation from the Fire Marshall to the Town of Oro Valley for approval by the Town Council.

MOTION TO AMEND THE AMENDMENT:  A motion was made by Councilmember Gillaspie and seconded by Councilmember Waters to allow the temporary ban to be lifted on consultation and action by the Town Fire Marshall and appropriate Town officials.

MOTION AS AMENDED carried, 6-0.

FUTURE AGENDA ITEMS 

No future agenda items were requested. 


ADJOURNMENT 

MOTION:  A motion was made by Councilmember Hornat and seconded by Councilmember Waters to adjourn the meeting at 7:19 p.m. 

MOTION carried, 6-0.