MINUTES
ORO VALLEY TOWN COUNCIL
SPECIAL/STUDY SESSION
March 8, 2010
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
SPECIAL SESSION 

CALL TO ORDER - at 6:00 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
Bill Garner, Vice Mayor
Kenneth "K.C." Carter, Councilmember
Barry Gillaspie, Councilmember
Salette Latas, Councilmember
Patricia Spoerl, Councilmember

Vice Mayor Garner participated via telephone.

1.

DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM EVERGREEN STEAM PUMP, L.L.C. AND BASIS SCHOOL, INC. FOR PAYMENT IN KIND AND/OR PHASED PAYMENT OF PERMIT AND DEVELOPMENT IMPACT FEES ON A PORTION OF THE STEAM PUMP VILLAGE DEVELOPMENT


Click here for Special Session Item 1

Economic Development Manager Amanda Jacobs presented the item. She explained that Ventana Medical Systems had noted that they had difficulties recruiting people with desired skills as the American school system was not on par with the European school system.

Ms. Jacobs noted the following:
~Council members and staff had met with BASIS Charter school co-founder Dr. Block
~The BASIS model combined Asian/European college preparatory with the American curriculum
~Sanofi Aventis and Ventana Medical Systems were excited to have BASIS in Oro Valley
~BASIS wanted to build a 30,000 square foot building at Steam Pump Village
~Tutor Time was no longer moving to Steam Pump Village 
~Erecting a new building would warrant permit and development fees 
 *A waiver or phased payments of these fees was requested

Mayor Loomis opened the floor for public comment. He noted the people in the audience that expressed their support for this item though did not wish to speak:
w        Tucson resident Dr. Mittida Raksanaves
w        Tucson resident Nick Fleege 
w        Tucson resident Britney Murray 
w        Oro Valley resident Heidi Tronstad

Oro Valley resident Joe Hornat stated that this was the first time he had seen such cooperation between the builder, the Town and the applicant.    He noted that this was something the community could support.

Oro Valley resident Doug McKee stated that there were troubling aspects associated with this item. He noted that the developer had promised significant sales tax revenues if the Town agreed to an Economic Development Agreement (EDA). He stated that the school would be good for Oro Valley in the long term; however locating it in Steam Pump Village would reduce the potential for retail sales taxes. He noted that the Supreme Court ruled on what constitutes gifts and this proposal could violate that decision. He stressed that an appraisal of the open space was needed.

Critical Path Institute (CPI) Director of Consortia Operations Steve Broadbent spoke on behalf of Dr. Ray Woosley. He stated that Basis Charter School has been ranked in the top 5 nationally and that CPI strongly supported their presence in Oro Valley.

It was noted that the school was not a substitute for commercial retail, but rather a substitute for Tutor Time Child Care/Learning Center. 

Town Attorney Tobin Rosen addressed the Gift Clause. He stated that the Town would relinquish $157,000 in permit and impact fees. He explained that in return, the Town would own part of the parcel.  He noted that the Town was obligated to make payments to the developer under the EDA.

Councilmember Carter recommended that the 1% Art fee required of the developer should be waived and donated to the school. He suggested that a second appraisal be sought.

Acting Planning and Zoning Director Paul Popelka stated that he did not believe that the Oro Valley Zoning Code would preclude the use of open space for park activiites. He noted that the land was zoned and classified as open space and would not prohibit passive recreation

MOTION: A motion was made by Councilmember Gillaspie and seconded by Mayor Loomis to direct staff to accept the terms offered by Evergreen Steam Pump and Basis School Incorporated for the in-kind and phase payment of the permit and development impact fees for the Basis Charter School facility at Steam Pump Village to include appraisal and possible conveyance of one portion of the undeveloped real property at Steam Pump Village site and payment of the remainder of the fees through the retention by the Town of future amounts due and payable to Evergreen under the existing Economic Development Agreement between Evergreen and the Town.  I further move that the appraisal be acquired by mutual agreement between the Town of Oro Valley and the petitioner, that the arts fee be waived and that the maintenance on the parcel be a subject of negotiation with the developer.

MOTION carried, 6-0.

ADJOURN SPECIAL SESSION

MOTION: A motion was made by Councilmember Latas and seconded by Councilmember Carter to adjourn the meeting at 6:28 p.m.

MOTION carried, 6-0.

STUDY SESSION

CALL TO ORDER - at 6:28 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
Bill Garner, Vice Mayor
Kenneth "K.C." Carter, Councilmember
Barry Gillaspie, Councilmember
Salette Latas, Councilmember
Patricia Spoerl, Councilmember

1.

Discussion regarding Budget Retreat Follow-up - Public Works Department


Click here for Item 1

Town Engineer Craig Civalier presented the item.

He reviewed the following divisions:
~Administration Division
  *Total amount budgeted $367,195
  *Contract administration
  *Records and file management
  *Stormwater Utility billiing
  *Departmental management
  *Pima Association of Governments PAG/Regional Transportation Authority (RTA) represenation
  *3 employees

~Engineering Division:
  *Construction and Design Program $557,729
  *Impact Fees Program $7,045,715 (PAG)
  *Capital Improvement Projects
  *Project management
  *In house design
  *Traffic engineering
  *Transportation planning
  *Regional funding acquisition
  *The division has been right sized to 5 employees
    -In 2005 there were 12 employees 

~Development Review Division
  *Development Review program $397,541
  *Highway Permitting program $70,236
  *Civil Engineering Development and Plan Review
  *Civil Engineering Technical Report Review
  *Grading Permit Review and Issuance
  *Highway Permit Issuance
  *Grading and Highway Permit Inspections
  *5 Employees
  *Right sized 

~Operations Division
  *Total budgeted $6,777,932
  *Street Maintenance Program
    -Public street repairs and sweeping
    -Drainage repairs
    -Roadway Vegetation Maintenance
    -Adopt-A-Highway Program
    -Buffelgrass eradication
  *Stormwater Utility Program
    -National Pollution Discharge Elimination Program
    -Adopt-A-Wash program
    -USACORE 404 Permits
    -Environmental education
    -FEMA flood maps
    -Funding for CIP projects through Pima County, ADEM and FEMA
    -Drainage Projects
    -Flood plain management
  *Custodial Maintenance Program
    -HVAC
    -Janitorial
    -Electrical
    -Building repairs
  *Traffic Engineering Program (Operations)
    -Traffic signal operation and maintenance
    -Pavement markings
    -Traffic signs
    -Traffic studies
    -Mainline striping is outsourced 
  *Fleet Maintenance Program
    -Vehicle repairs
    -Fuel use tracking
    -Preventative maintenance
  *Pavement Management Program
    -Surface treatments
    -Pavement Inspections and Data Management
    -New Product Research
  *28 Employees

~Transit Services Division
  *Total budgeted $638,454
  *Para-transit operations (Coyote Run)
  *RTA Park and Rides
  *RTA Sun Tran Express service
  *RTA new circulator service
  *9 employees
  *Volunteer drivers
  *Hiring 2 new drivers due to shortage and reductions in services

It was noted that the cost of the Coyote Run program without two additional part time drivers would total $638,000; the cost with the additional drivers would be $688,000.

2.

Discussion regarding Budget Retreat Follow-up - Police Department


Click here for Item 2

Oro Valley Police Chief Danny Sharp presented the item. He began with an overview of the department. He noted that Oro Valley enjoyed the distinction of having one of the lowest crime rates in Arizona, though located 3.5 miles south of the Town was the city with one of the highest crime rates in Arizona.

Chief Sharp reviewed the Traffic Unit:
~Part of the Field Service Division
~Allows for greater deployment of resources
~Supports basic patrol operations and Criminal Investigation Unit
~Consists of the following:
  *1 Motorcycle Sergeant
  *8 Motorcycle Officers
  *1 Special Events Coordinator
~Provides:
  *High profile selective traffic enforcement seven days a week both day and night
  *Traffic collision investigations
  *Driving Under the Influence (DUI) investigations
  *Commercal vehicle inspections
  *Driver education
  *Traffic related criminal investigative work
  *Special event coordination

Chief Sharp noted that the police department collaborates with the Town Engineer for safety on roadways.

He presented a training video that emphasized the importance of traffic safety laws and the officers that enforce those laws.

He stated that a 2005 Fresno, California study revealed that the "halo" effect, resulting from contact with a traffic officer lasted 2-8 weeks.

Oro Valley Police Department Statistics 2005 2006 2007 2008 2009
Fatal Traffic Accident w/Pedestrian 0 0 1 0 0
Fatal Traffic Accident w/Another Auto 2 1 0 1 0
Fatal Accident w/Bicycle 0 0 1 1 0
Fatal Traffic Accident, Other 0 0 1 1 0
TOTAL 2 2 2 2 0
Traffic Accident Injury w/Pedestrian 3 1 0 2 1
Traffic Accident Injury w/Auto 63 67 67 59 52
TOTAL 66 69 67 61 53
DUI Personal Injury Accident 5 5 10 5 2

He noted that two additional officers were deployed after statistics revealed that Oro Valley averaged two fatalities per year. He stated that since the deployment there have been no fatalities since 2008.

He reviewed the Traffic Unit Service benefits:
~Increased traffic enforcement and education
~Reduction in injury related accidents
~Elimination of traffic fatalities over last year
~Reduction in workload of Criminal Investigation Unit
~Increased Commercial Vehicle inspections
~Ability to Traffic Hotline complaints quickly
~Ability to deploy motorcycle officers to neighborhoods, schools and high collision intersections simultaneously
~Ability to respond quickly to service calls through highly congested roadways
~Specially trained traffic collision investigators, DUI and Drug Recognition Experts

He stated that the budget impact for Traffic Unit personnel costs was $836,540 for Fiscal Year (FY) 2009/10. He noted that it was 8.02% of the total personnel budget for the police department.

He reviewed the OVPD Reserve Officer Program:
~Staff levels
  *3 officers assigned to Uniform Patrol
  *1 officer assigned to non-uniform property and identification
  *1 position frozen for FY 2009/10

~Responsibilities:
  *Enhance patrol staffing; reduce response times
    -Reserve officers answered 315 calls for service from August 2009 through January 2010
  *Reduce overtime associated with:
    -Open shifts due to military leave
    -Extended Family Medical Leave (FMLA)
    -Illness
    -Injury
    -Vacation
  *Manage the destruction, allocation, charitable donation or auction of property and evidence seizures
~Budget impact of Reserve Officer personnel costs for FY2009/10
  *$90,451; .87% of the total OVPD personnel budget

~Task Force Operations
  *Partnering with outside agencies allows for joint utilization of resources to:
    -Identify, plan and implement regional initiatives
    -Reduce crime
    -Increase public safety in and outside of Oro Valley’s jurisdiction
  *Assignments
    -Counter Narcotics Alliance (CNA)
      `Multi-jurisdictional drug task force
        ^18 participating agencies in Pima County
      `Shares resources and intelligence in the prohibition of illegal narcotics
      `Methods:
        ^Undercover street level enforcement
        ^Title 3 intercepts (local and international) of drug trafficking organizations (DTO)
        ^Money laundering operations (MLO)
      `Community Impact
        ^Actively patrols street level drug trafficking in Pima County
        ^Provides resources to OVPD units such as the Community Action Team (CAT) and Criminal Investigations unit
        ^The cooperative initiative aids criminal investigations
        ^Officers receive training at a cost that could not be matched by the department
    -Drug Enforcement Agency (DEA)
      `Community Impact
        ^Provides sensitive intelligence regarding drug production and trafficking in and around Oro Valley
        ^Resources and personnel available to OVPD
        ^Anti-racketeering funds allotted to OVPD as a result of the department’s participation in the program
    -Gang & Immigration Intelligence Team Enforcement Mission (GIITEM)
      `Multi-jurisdictional task force that focused on gang, U.S. border and immigration crimes
      `Community impact:
        ^Provides critical intelligence to identify changes in crime patterns or sprees in organized and un-organized gang syndicates
        ^Partnership ensures additional personnel during significant public safety emergencies
    -Joint Terrorism Task Force (JTTF)
      `Multi-jurisdictional effort led by the United States Department of Justice and the Federal Bureau of Investigations (FBI)
        ^Combines federal, state and local law enforcement resources to combat terrorism
      `Community impact
        ^First hand terrorism intelligence
        ^Provides an additional layer of protection against terrorism
  *Budget impact
Program Resources Allocated Total Cost Total Recovered Net Cost
Counter Narcotics Alliance 3 $250,371 $220,458 $   29,913
Drug Enforcement Administration 3 $249,928 $  78,169 $ 171,759
Gang & Immigration Intelligence Team Enforcement Mission 1 $  74,539 $  55,004 $   19,535
Joint Terrorism Task Force 1 $  80,931 Overtime paid $   80,931
TOTAL Net Investment for Task Force Operations 8 $655,769 $353,630 $302,138

Mayor Loomis opened the floor for public comment.

Oro Valley resident John Musolf stated that Council should request the number of employees in each category for both items 1 and 2. He stated that four Intergovernmental agreements were signed last year for a total of 8 officers.

Oro Valley resident Richard Tracy stated that the Town’s participation on task forces outside of the community allowed the Town the services of manpower and resources of those task forces when needed for Oro Valley issues. He addressed why multiple units were often seen when a car has been pulled over noting that it was for the protection of the officer and the community.

Mayor Loomis requested that an organizational chart identifying the various offices of the various groups be brought back as an action item or sent to Council. He further requested to add the number of Full Time Employees assigned to each unit.

Discussion regarding the Chief's presentation followed.

3.

Future Agenda Items - No items.


ADJOURNMENT

MOTION: A motion was made by Councilmember Carter and seconded by Councilmember Spoerl to adjourn the meeting at 7:41 p.m.

MOTION carried, 6-0.