MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 23, 2009
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
STUDY SESSION - AT OR AFTER 5:00 p.m.

CALL TO ORDER

ROLL CALL

PRESENT:
Paul Loomis, Mayor
K.C. Carter, Vice Mayor
Paula Abbott, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member

1.

Presentation by The Alliance for Innovation on Navigating the Fiscal Crisis: Tested Strategies for Local Leaders


Click here for Item 1

Karen Thoreson, President and CEO of the Alliance for Innovation, formerly Innovation Group, explained that this organization is a national network of local government professionals seeking innovation and operational excellence in the ideas, practices and policies within municipalities.  She explained that the membership consists of over 400 organizations in 33 states and Canada that are dedicated to focusing on these ideals and making an impact on the communities they serve.  Ms. Thoreson explained that one goal of the Alliance is to connect members to the people, information and ideas they need to make their hometown the best place to live.  This is done by blending services, resources, information tools, publications, networking opportunities, workshops and conferences specifically targeted to municipal government officials and practitioners. 

Ms. Thoreson gave a presentation on "Navigating the Fiscal Crisis: Tested Strategies for Local Leaders." This white paper was prepared to determine the lessons of past experience, ICMA (the International City/County Management Association) commissioned the white paper prepared by researchers from the Academic Network of the Alliance for Innovation.  This executive summary for elected officials:
- Described the fiscal dimensions of the current economic crisis.
- Identified what worked in previous fiscal cutback efforts.
- Explained why innovation is critical and how positive actions can be taken.
- Described how local government actions can contribute to the economic recovery.
 

2.

Discussion of Oro Valley Animal Licensing Program


Click here for Item 2

Pima Animal Care (PACC) Manager Kim Janes reviewed the core mission of the Animal Care Center which is to protect the health and safety of the public, control rabies, humanely take care of animals balanced with the needs of the animal population and to care for them in a manner guided by the American Veterinary Association and from partners with local animal and rescue shelters and the Humane Society. 

Mr. James discussed the three major components of the Animal Care Center and the challenges they face:
1) Enforcement Division - Rabies control, animal investigations and picking up dead animals.
2) Sheltering animals - thousands turned in every year by citizens and those found by the Agency. Provide spay/neuter services.
3) Licensing Division - licenses dogs in Pima County and all five cities/towns that have Intergovernmental Agreements with Pima County. Rabies vaccinations are required at the time of licensing which helps to control rabies in Pima County. 

Mr. Janes explained one challenge is the low percentage of dog owners licensing their pets, the average number of pets licensed in Pima County is 30%.  PACC is trying to find new ways to increase licensing opportunities and will offer on-line licensing in the future.  PACC works with communities and animal shelters to promote animal welfare and the importance of licensing. 

Mr. Janes distributed a Fact Sheet and reviewed the following animal statistics for Oro Valley:
- In FY 08-09, PACC handled over 27,000 animals; 105 from Oro Valley, of the 105 animals, 35 were adopted, 19 were returned to owner, 3 were wildlife, 7 were DOA and 41 were euthanized.
- Of the 41 euthanized 18 were requests by owners, 4 were severely injured, 6 were severely ill and 13 were aggressive or feral.
- In FY 08-09, PACC save rate for Oro Valley animals was 68%.
 
Mr. Janes explained the euthanasia process and how animals with rabies are euthanized.  Deceased animals are now cremated and no longer placed in the Pima County Dump.  He explained the improvements made to the Center by voter approved bond funds to help with disease control - 30 new kennels, HVAC system and sewer system, wall to separate sick animals from well animals. He stated that there are plans for a new building if bond funds in the amount of $15 million dollars is approved by the voters.

Mr. Janes pointed out that Oro Valley pays for expenses only for Oro Valley citizens and explained that if there is a surplus of revenues for licensing or sheltering fees over the expenses associated with providing those direct services, those funds are returned to the local jurisdiction.  He explained that this did occur in 2007 and $7400 was returned to Oro Valley.

Mr. Janes explained that the increased licensing fees in Pima County will be used to support the low cost or no cost spay/neuter initiative in partnership with the Animal Alliance of Southern Arizona.  He stated that in addition to improving the PACC facility and its operations, this Initiative will help to address the care of the animals and reduce the population of unwanted animals to help reduce the amount of euthansia.  

Further discussion occurred regarding:
- Oro Valley expenditures.
- Types of vehicles used for animal transport and disinfection methods used in the vehicles.
- Animal intake process.
- The dangers of parvo on animals and the care needed to fight the virus.
- Communication to PACC includes a wireless computer to radio system. 

Pat Hubbard Director of Operations for the Humane Society of Southern Arizona, explained the differences between PACC and the Humane Society and its impact to PACC:

- Instituted an animal intake fee of $35.00 to $45.00
- If refuse to pay intake fee for pitbulls, owner is asked to take to PACC
- Vicious animals are asked to be taken to PACC
- No feral cats accepted
- Large private donation base
- Donations received to care for animals with special needs
- 3 full-time vets provide care 6 days a week.
- Fewer than 10,000 animals taken in
- 7,000 were adopted
- 800 were euthanized
- Only euthanize animals with advanced stages of cancer or vicious unmanageble animals
- 84% live animal release rate

Ms. Hubbard stated that if they had to take in large amounts of animals their policy would have to change.  She also stated that citizens do not like paying the $35.00 animal in take fee. 


Cynthia Barstad, volunteer with the Center for Animal Rescue and Adoption and has served on PACC Advisory Committee.  She urged the Council to proceed with a feasibility study to explore other options.  As a volunteer with PACC, she witnessed a lot of inadequacies and stated that more than one-half of the impounded animals do not make it out alive, however, this is a very complex issue.  She stated that there are other model shelters that handle no-kill and licensing features.  She confirmed that it is necessary to euthanize a small amount of animals to relieve suffering.

Jessica Shuman, member of the No Kill Animal Alliance, serves on the Pima County Ordinance Task Force and former volunteer for PACC.  She urged the Council to be proactive and fiscally responsible by conducting the feasibility study. She referred to the fact that veterinarians can detect rabies in animals by using scanners. 

Susan Scherl, Executive Director of Hope Animal Shelter recommended that the Council conduct the feasibility study. She confirmed that her shelter is relatively small in comparison to the Humane Society and PACC. All funding is received through private donations and occasionally they receive grants. Most animals that are received from PACC are ill and cannot be cared for at PACC. She confirmed that they have euthanized animals, however, they do what they can to keep the animal alive until they begin suffering. 

Steve Platte, volunteer with Tucson Cares, referred to how Sedona, Prescott and Flagstaff efficiently run their Shelters.  He stated that Pet Allies has a very effective low cost/no cost spay and neuter program and stated that the Humane Society in Show Low has partnered with Pet Allies and has a no-kill policy. He expressed his support for non-profit no kill shelters because they are efficient, are not bureaucratic, are run with volunteers, which keeps the overhead costs low.

Katie Powers, Founder of Spay/Neuter Solutions, stated for the past 6 years they have provided spay/neuter services for families that cannot afford to pay for a veterinarian.  She stated that she admires what PACC is doing, but "they have too much in their basket."  She expressed the poor conditions of PACC and urged the Council to conduct the feasibility study.

Oro Valley Sergeant Amy Sloane explained how barking dogs are handled in Oro Valley and gave the following Oro Valley statistics for 2008:
- 37 formal complaints
- 23 barking dog letters
- 4 mediations
 -7 citations issued


Sharon Discorfano, Oro Valley resident, urged the Council to conduct the feasibility study and asked that the study benchmark other cities like Oro Valley.  She asked that Council stick to the core mission and think about how may animals are lost if there is delay in conducting the study.

Alan Dankwerth, Oro Valley resident, expressed concern with the low cost of $10,000 budgeted for the feasibility study, which would not be enough to pay for an adequate feasibility study.  He encouraged volunteers with experience can help staff by working along side the consultant and staff to achieve a good solid answer of what we need.

Kathy Pastryk, Oro Valley resident commended the town for looking into this issue. She hoped the town will enter into contracts with no-kill shelters and thanked everyone for their help.

Mayor Loomis asked that staff bring to Council at a regular session a statement of work and proposal of how to move forward and allow Council to decide if they want to do feasibility study or not. 

Council Member Abbott stated that she requested adding to the October 7th Council meeting transferring the funds budgeted for the feasibility study to use to enter into an agreement with one of the no-kill shelters.

Council Member Garner referred to a study dated July 14, 2008 prepared by our management intern where 37 dogs were picked up in 07/08 and 13 were handled by our Police Department.  Only 3 were turned over to PACC and 10 were returned to where they belong.  He wanted to make clear that the Police Department is already assisting with "dog catching".

Council Member Gillaspie stated that his preference would be to move forward, however, the town’s challenge is funding and he agreed that $10,000 for the study may not be enough money. He felt it is the right and moral thing to move this to the next phase and the costs may be better for our community in the long run. 

Mayor Loomis asked Council to keep an open mind with respect to what the feasibility study will be able to show us and asked staff if they had adequate direction to bring this back to Council during a regular session.

3.

Future Agenda Items


Vice Mayor Carter asked that the Courtyard/Farmers Market lease be added to the October 21st Council Agenda for discussion and action. Request seconded by Council Member Kunisch.

ADJOURNMENT

Council Member Kunisch adjourned the study session at 7:15 p.m.  MOTION seconded by Vice Mayor Carter.  MOTION carried 7 - 0.

**SPECIAL SESSION - AT OR AFTER 5:00 p.m.

CALL TO ORDER: 7:20 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
K.C. Carter, Vice Mayor
Paula Abbott, Council Member
Bill Garner, Council Member
Barry Gillaspie, Council Member
Al Kunisch, Council Member
Salette Latas, Council Member

**EXECUTIVE SESSION AT OR AFTER 5:00 p.m.
Pursuant to A.R.S. §38-431.03(A)(1) Council may vote to go into Executive Session for discussion regarding Town Manager David Andrews’ contract
 
Council Member Latas moved to go into Executive Session at 7:20 p.m.  MOTION SECONDED by Council Member Garner.  MOTION failed 3 - 4 with Mayor Loomis, Vice Mayor Carter, Council Member Abbott and Council Member Kunisch opposed.

RESUME SPECIAL SESSION AT OR AFTER 5:00 p.m.

1.

DISCUSSION AND POSSIBLE ACTION REGARDING TOWN MANAGER DAVID ANDREWS’ CONTRACT


Town Attorney Tobin Rosen passed out a package of materials including two alternative motions, a draft letter of resignation which Mr. Andrews may or may not submit depending upon the outcome of the discussion, a draft amendment to the employment agreement between the Town and Mr. Andrews, which was drafted yesterday at Mr. Andrews request, and, a copy of the employment agreement entered into on the 1st of October 2008 between the Town and Mr. Andrews.

Discussion followed regarding:
- The Town Manager’s draft letter of resignation
 - No direction given to staff to take any action after the last meeting with the Town Manager. 
- The draft letter of potential resignation by Mr. Andrews dated September 23rd and request to allow the Manager to resign rather than not having his contract renewed.
- Staff was not directed to do anything with the Manager’s contract and therefore, Mr. Andrews passed his performance evaluation by the Council.
- Concern with an assumption by the Mayor that the Town Manager needed to move forward tonight with a resignation letter.
- Manager came forward with request to submit a resignation rather than have his contract not renewed, which would have been discussed in Executive Session that Council voted not to go into.

Town Manager Andrews recapped the sequence of events leading up to this evening’s meeting:
- Manager’s Performance Evaluation was conducted on September 16th.
- Monday morning an email was received by the Clerk’s Office from Vice Mayor Carter, seconded by Council Member Kunisch after consultation with Mayor Loomis that a discussion of the Manager’s contract be placed on tonight’s meeting as a special session.
- Council Member Latas suggested to Mayor Loomis that an Executive Session be scheduled. 
- Monday spoke with Town Attorney as to best way to proceed with suggestion that probably the best approach would be to have an amendment to the employment agreement and request that the effective date of the resignation be October 1st. A draft of that was reviewed by Mr. Andrews’ attorney.
- Mr. Andrews spoke with Mayor Loomis on September 23rd regarding a need to draft up a letter of resignation because it was possible that the Council might not want to discuss this in an Executive Session.

Mr. Rosen clarified that the Manager’s contract is drafted in such a way that it continues in effect from year to year unless some action taken by Council, either to alter it or opt not to continue it.

Discussion followed regarding no support to discuss this issue in Executive Session, the concern with not going into an Executive Session, the conversation between Mayor Loomis and Mr. Andrews, Mr. Andrews’ outstanding performance with the town for 18 years, his honesty and integrity, concern with the Manager not receiving the respect he deserves, possible open meeting law violation, and why this topic was placed on the Agenda by Vice Mayor Carter.

The following Oro Valley residents commented on Mr. Andrews performance, poor treatment by some members of the Council:

Brenda Ryan expressed admiration for Town Manager and support for him and renewal of contract.

Conny Culver stated that Mr. Andrews has demonstrated professionalism and received awards for financial practices.

Kathy Pastryk expressed her support of the Town Manager and stated he has done a sterling job with the budget.

Geri Ottoboni supported the Town Manager and stated that he was one of the best in Arizona and she expressed deep appreciation for him.

Bill Adler stated he sees discrepancy - performance considered satisfactory - now hears Vice Mayr Carter has things and issues mentioned by Council Member Abbott.  He suggested going into Executive Session to work out impasse.  The way this is being handled does not bode well for the future of the Council.

Art Segal expressed his outrage with the treatment of the Town Manager.
Bill Kinglsey stated the Manager sent a letter to Vestar and did what Council would not do.  Don’t treat Manager this way.

Chris DiSimone stated he is observing hurt feelings, some petty and vindictive, a little bid of open government, nothing specific that Manager has done that he should leave job.  The Manager has helped steer the town through a horrible time and to remove the Manager doesn't help the town.

Chet Oldakowski stated he has managed 200 people - knows personnel issues and feels this is unfair treatment of the Manager.

Mike Zinkin stated the action is crazy and the Manager has given the Council a balanced budget and worked for the town for years.  Go back and find out what is bothering Vice Mayor Carter and air it out in private. - is not right - go back and find out what VM Carter has bothered him and air it out in private.

MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Carter to accept the Town Manager's resignation contingent upon acceptance of the amendments to his Employment Agreement as outlined in and attached to his letter of resignation with an effective date of September 24, 2009.

MOTION: A motion was made by Council Member Gillaspie and seconded by Council Memmber Latas to amend the motion to September 30, 2009.

MOTION failed, 3-4 with Mayor Loomis, Vice Mayor Carter, Council Member Abbott, and Council Member Kunisch opposed.

MOTION: A motion was made by Council Memmber Latas and seconded by Council Member Garner to recess the meeting for 10 minutes to review information.

MOTION carried, 4-3 with Mayor Loomis, Vice Mayor Carter, and Council Member Kunisch opposed.

Discussion and comments followed regarding:
  ~ The total amount of the severance package ($144,747). (Request from Council Member Latas and answered by Human Resources Director Sandra Abbey).
  ~ Concerns expressed that because of the way this item was handled, the Council could be damaging Mr. Andrews career. (Comment from Council Member Gillaspie)
  ~ This action is a failure by the majority of the Town Council.  (Comment from Council Member Gillaspie)
  ~ Explanation of contract, at-will clause.  (Request from Council Member Abbott and explained by Town Attorney Tobin Rosen).
  ~ Serious issues/problems identified but will not disclose them in the public meeting as does not want to hurt Mr. Andrews and his chances for future employment.
  ~ Agree that this should not be discussed in public meeting.  Feel that a hostile work environment has been created for Mr. Andrews.  Town Manager contract contains a Hold Harmless clause and now the Council is asking him to waive all rights to damages.  Would also be spending almost $150,000 of taxpayer money for no reason if this motion is approved.  Can not support the motion. (Comments from Council Member Latas).

MOTION carried, 5-2 with Council Member Garner and Council Member Gillaspie opposed.

ADJOURN SPECIAL SESSION

MOTION: A motion was made by Vice Mayor Carter and seconded by Council Member Kunisch to adjourn at 8:25 p.m.

MOTION carried, 6-1 with Council Memmber Latas opposed.