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HomeMy WebLinkAboutPackets - Historic Preservation Commission (116) DRAFT MINUTES ORO VALLEY HISTORIC PRESERVATION COMMISSION REGULAR SESSION January 12, 2009 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE I. Call to Order: at 5:00 p.m. II. Roll Call. PRESENT: Chair Bob Baughman � � Vice Chair Daniel Zwienerj l;� Commissioner Patrick Foley Commissioner Pat Spoerl Commissioner Lois Nagy Excused: Commissioner Valerie Pullara Also Present: Salette Latas, Town Council Member David Andrews, Town Manager Paul Popelka, Assistant Planning and Zoning Director Scott Nelson, Special Projects Coordinator Diane Chapman, Senior Office Specialist 111. Call to the Audience opened and closed with no speakers. IV. Approval of Minutes: December 8, 2008 MOTION: Commissioner Nagy MOVED to approve the December 8, 2008, Historic Preservation Commission minutes as written. Commissioner Spoerl seconded the motion. Motion carried, 5:0. V. Introduction of Paul Popelka, Assistant Planning and Zoning Director Chair Baughman introduced Paul Popelka, Assistant Planning and Zoning Director and new Historic Preservation Commission staff representative. VI. Discussion of Meeting Agenda Format The meeting agenda format will be changed to list items the Commission will have business concerning. Those Commissioners having anything specific to report need to let the Chair know one week in advance of the meeting. Mr. Popelka will email the Chair a draft agenda the Friday a week before the meeting. The Chair will get the agenda back to staff the following Monday. This should allow the agenda to be sent to the Commissioners a week in advance. January 12, 2009 Draft Historic Preservation Commission minutes VII. Discussion and possible action regarding HPC Work Plan. a. Cultural Resource Inventory Draft Scope of Work Mr. Popelka said this is a request for qualifications because of the inability to define anything for the survey at this point. When defined an RFP can be done. The initial records review would be for the entire planning area set forth in the General Plan. The actual survey would be within the Town limits. The role of volunteers needs to be defined. The actual survey and records search will be done by the consultant. Paragraph IIla. of the Draft Scope of Work needs to be reworded based on the consultant preparing the Historic Context of Oro Valley. Paragraph Illd, the records search should have a year identified. MOTION: Commissioner Spoerl MOVED that for purposes of the records search and archival research, Section B in the draft Scope of Work should say that the records review will include properties dating prior to 1974. Vice Chair Zwiener seconded the motion. Motion carried, 5:0. Chair Baughman clarified that under Ille, Public Meetings, that it is four regularly scheduled HPC meetings. MOTION: Vice Chair Zwiener MOVED to forward the Draft Scope of Work Request for Qualifications on to the Procurement Administrator. Commissioner Foley seconded the motion. Motion carried, 5:0. b. Community Outreach - no report. c. CLG Application Mr. Nelson reported that the CLG application has been reviewed by the Town Attorney, signed by the Mayor and sent back to Mr. Frankenberger, Arizona Parks Service on 1/9/09. They will sign and keep the original, we will get a signed copy and that will be forwarded to Washington DC. We should get validation from Washington DC. Mr. Popelka will check with the State Historic Preservation Office (SHPO) to clarify whether we should receive validation from Washington DC, or if we don't hear from them within 45 days it is okay. He will inform Chair Baughman as soon as possible. d. Budget - no report. e. Process Plan for Historic Designation The Historic District Designation Process and Historic Landmark Designation Process prepared by Civil Attorney Mack were emailed to the Commissioners for review. 2 January 12, 2009 Draft Historic Preservation Commission minutes f. Training Commissioner Foley said setting exact dates for a schedule of training is difficult. We may be able to set dates according to topics in our meetings. A future agenda item should be to discuss dates. The Town is planning spring Citizen Planning Institute Continuing Education and a schedule should be emailed to HPC. g. Santa Cruz Heritage Alliance - no report. VIII. Discussion and possible action regarding Steam Pump Ranch. a. Historic garden project Two board members from Oro Valley Historical Society meet with Town staff and Council member Latas to revise the license agreement to include a Native American Garden and guided tours. It is scheduled to be on the Town Council (TC) agenda 2/18/09. Commissioner Spoerl will get Mr. Popelka details on the pioneer garden revisions for HPC to review prior to the 2/18 TC meeting. b. Arizona Centennial project Information on the State Commission April workshop for the Arizona Centennial project will be made available for the next HPC meeting. c. National Register Nomination - no report. d. SOP governing actions to be taken at SPR This will be discussed in a study session before coming to the full Commission. Chair Baughman opened the floor for public comment. Bill Adler, OV resident, is concerned that monetary commitment to Steam Pump Ranch (SPR) is virtually non-existent. HPC and OVHS should become lobbyists during the Town's budget review to see if there is any money available for preparation of the grounds for tours and safety. He suggested an active fund raising activity be engaged such as acquiring membership lists of organizations dependent on citizens for support. Mr. Popellka will be scheduling a study session with HPC and Parks and Rec to discuss the SOP. e. Pumphouse - no report. f. Security 3 January 12, 2009 Draft Historic Preservation Commission minutes Mr. Nelson reported SPR was dramatically cleaned up prior to a site tour in December with Congressperson Gifford's office. The Town was asked to submit projects for the appropriations bill process. SPR was the #2 item submitted by the Town. The next clean up project will be the chicken coops. Vice Chair Zwiener has enlisted a person to help with identifying and restoring historic furniture. Chair Baughman recognized the amount of time and effort Mr. Nelson, Commissioner Spoerl and Vice Chair Zwiener have put into SPR. Commissioner Spoerl thanked Diane Chapman for putting together Steam Pump report notebooks for the ranch. IX. Discussion and possible action regarding Town Council appointment process and terms of appointment to Boards and Commissions (as it affects the Historic Preservation Commission). There was discussion on the current method of appointment and terms. Council is considering a change to appoint members at the 1/21 TC meeting. The Commissioners agreed the present method works and should not be changed. The quality of commissioners and longevity to see projects through is important. MOTION: Vice Chair Zwiener MOVED that the Historic Preservation Commission recommend to Town Council that the present method of appointment to the Commission continue. Commissioner Foley seconded the motion. Motion carried, 5:0. MOTION: Vice Chair Zwiener MOVED that Chair Baughman and Commissioner Spoel draft a letter reflecting discussion of HPC in regard to the TC appoint process to go to council on 1/21. Commissioner Nagy seconded the motion. Points to address in the letter: HPC has less staff as backup, is a self-generating body, and needs training. Number of terms should be unlimited. HPC is a relatively new board. TC appointment will appear political. Lack of citizen participation. Motion carried, 5:0. X. Discussion and possible action on designation of Honey Bee Village. Honey Bee Village (HBV) might be a better subject for historic designation than SPR. At the present time the County still owns HBV. The biggest concern should be immediate preservation and protection of the site. Chair Baughman asked Mr. Popelka to check what the police department is doing to protect HBV and then let HPC members know. 4 January 12, 2009 Draft Historic Preservation Commission minutes The Town might consider contacting Pima County about the AZ Sites Stewart program. MOTION: Vice Chair Zwiener MOVED to defer item #X to the next HPC meeting. Commissioner Foley seconded the motion. Motion carried, 5:0. Xl. Announcements. Mr. Popelka distributed information on the terms of commissioners. He will check on the Ordinance regarding the Town Historian. XII. Items for future agendas. No additional items. XIII. Adjourn. MOTION: Vice Chair Zwiener MOVED to adjourn the January 12, 2009, Historic Preservation Commission meeting. Commissioner Nagy seconded the motion. Motion carried, 5:0. Meeting adjourned at 6:55 p.m. Prepared by: Diane Chapman, Senior Office Specialist 5 APPROVED MINUTES ORO VALLEY HISTORIC PRESERVATION COMMISSION SPECIAL SESSION December 8, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE I. Call to Order: at or after 5:00 p.m. II. Roll Call. PRESENT: Chair Bob Baughman Vice Chair Daniel Zwiener Commissioner Patrick Foley Commissioner Pat Spoerl Commissioner Lois Nagy Commissioner Valerie Pullara (via teleconference) Also Present: Salette Latas, Council Member Scott Nelson, Special Projects Coordinator Diane Chapman, Senior Office Specialist III: Call to the Audience. Opened and closed with no speakers. IV. Approval of Minutes MOTION: Vice Chair Zwiener MOVED to approve the November 10, 2008, Historic • Preservation Commission minutes as corrected. Commissioner Nagy seconded the motion. Motion carried, 6:0. V. Discussion and possible action regarding HPC Work Plan. a. Cultural Resource Inventory Plan There is $50,000 in the budget set aside for cultural resource inventory. An inventory needs to provide information on what we know is in the Town. A more intensive survey would look at the historic context either already established by the State or what we want to do locally. Commissioner Nagy would like to meet with Commissioner Spoerl and put together a summary of what had been discussed and bring to the next meeting to refine. It can then be taken to a consultant and we will see what we can buy. Is there a hurry to do this? December 8, 2008 Approved Historic Preservation Commission Minutes Chair Baughman appointed Commissioners Spoerl and Nagy to meet with Mr. Nelson to do the first phase of the scope of work. b. Community Outreach - no report. c. CLG Application - no report. d. Budget - no report. e. Process Plan for Historic Designation - no report. f. Training Commissioner Foley and Mr. Nelson will meet Wednesday, 12/17, to start putting together a training calendar for the year. Chair Baughman said he wants to see a calendar every December for the following year with training every two months. g. Santa Cruz Heritage Alliance - no report. VI. Discussion and possible action regarding Steam Pump Ranch. a. Historic garden project Commissioner Spoerl said the Oro Valley Historical Society (OVHS) is still working on a contract for the garden project and additional activities that OVHS may want to pursue. Vice Chair Zwiener was asked to follow up on the project and signage. The Pioneer Garden will not require any signage, but the Native American Garden may need signage. Chair Baughman said at the last meeting HPC endorsed the historic gardens. He would like a formal communication to Council from staff conveying HPC's endorsement. b. Arizona Centennial project Commissioner Zwiener said SPR qualifies for all criteria for a Centennial project and possible funding opportunities. If HPC agrees we should go forward with an application. It was decided to postpone proceeding with applying for an Arizona Centennial project until after the workshop in May. Leave this item on the agenda for next meeting. c. National Register Nomination 2 December 8, 2008 Approved Historic Preservation Commission Minutes Mr. Nelson said we have not received anything back on the National Register nomination from the State Historic Preservation Office (SHPO). Mr. Nelson said the Town Manager said there should be some type of celebration after the first of the year. d. SOP governing actions to be taken at SPR - no report. e. Pumphouse Mr. Nelson is looking at other possible funding sources. f. Security Mr. Nelson reported we have re-keyed locks and met with police to set up patrols. Met with fire marshal and looked at the site and also Tucson Electric Power to disconnect service that is no longer necessary. VII. Discussion and possible action regarding Town Council (TC) appointment process and terms of appointment to Boards and Commissions (as it effects the Historic Preservation Commission). Council Member Latas explained there have been several Council study sessions regarding standardizing the board and commission appointment process and improving recruitment and potential for volunteers. A proposed change is that TC members would appointment members to Boards and Commissions. Chair Baughman said it may be beneficial to have a special session to talk about the two year term and appointment process before this item goes to Council. After the special session, HPC would go to a study session to discuss the SOP process. Invite Ainsley Legner to the study session. VIII. Discussion of Honey Bee Village. Mr. Nelson reported the County still owns Honey Bee Village (HBV). The IGA said the transfer would come after all archaeological reports were submitted and reviewed. It was anticipated that would be a 2 year process. The County increased the scope of work which resulted in an additional $680,000 in charges. TC said no to paying half those charges. The 2009 County Bond project has been postponed. Included in the bond package was $250,000 that would have dealt with trails and interpretive signage. The implementation plan has a schematic plan showing different sites and an Opportunities and Constraints map showing other details. Costs should remain about the same. Archaeological artifacts are in physical possession of Desert Archaeology: After inventory, the artifacts will be given to the State museum. Is there any way HPC could see any of those artifacts at Desert Archaeology? 3 December 8, 2008 Approved Historic Preservation Commission Minutes Mr. Nelson said he did not have an answer. We did not contract with Desert Archaeology. Chair Baughman asked Mr. Nelson to call and see if Desert Archaeology would allow HPC to see the artifacts. The grant proposal for the Tohono O'odham Nation can be resubmitted again in June. It probably will not be funded as gaming and revenues are down and only small grants are being given out. A trip to go see HBV will be scheduled for the Commission to view the site in late January or early February depending upon scheduling. IX. Discussion and possible action regarding National Alliance of Preservation Commissions. Take off agenda. X. Announcements. There were no announcements. Xl. Items for future agendas. XII. Adjourn. MOTION: Commissioner Nagy MOVED to adjourn the Historic Preservation Commission meeting. Commissioner Spoerl seconded the motion. Motion carried: 6:0. Meeting adjourned at 6:45 p.m. Prepared by: /,‘L‘ rtitAiL Diane Chapman, Sennir Office Specialist 4 AGENDA Oro Valley Historic Preservation Commission Monday, January 12, 2009 Town of Oro Valley Council Chambers 11000 N. La Canada Drive I. Call to Order: at or after 5:00 p.m. H. Roll Call. III. Call to the Audience. IV. Approval of Minutes: December 8, 2008 V. Introduction of Paul Popelka,Assistant Planning and Zoning Director VI. Discussion of Meeting Agenda Format VII. Discussion and possible action regarding HPC Work Plan. a. Cultural Resource Inventory Draft Scope of Work b. Community Outreach c. CLG Application d. Budget e. Process Plan for Historic Designation f. Training g. Santa Cruz Heritage Alliance VIII. Discussion and possible action regarding Steam Pump Ranch. a. Historic garden project b. Arizona Centennial project c. National Register Nomination d. SOP governing actions to be taken at SPR e. Pumphouse f. Security IX. Discussion and possible action regarding Town Council appointment process and terms of appointment to Boards and Commissions (as it affects the Historic Preservation Commission). X. Discussion and possible action on designation of Honey Bee Village. XI. Announcements. XII. Items for future agendas. XIII. Adjourn. POSTED: 01 09 08 1:00 p.m. ejk The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person(s) with a disability needs any type of accommodation, please notify the Town Clerk's office at(520) 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However,those items not listed as a public hearing are for consideration and action by the Commission during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Commission on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Chair announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident.. 2. Speak only on the issue currently being discussed by Commission. Please organize your speech, you will only be allowed to address the Commission once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience"you may address the Commission on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. "Notice of Possible Quorum of the Oro Valley Town Council and Planning and Zoning Commission: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-2 of the Oro Valley Town Code, a majority of the Town Council or Commissions may attend the above referenced meeting as a member of the audience only." DRAFT MINUTES ORO VALLEY HISTORIC PRESERVATION COMMISSION SPECIAL SESSION December 8, 2008 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE I. Call to Order: at or after 5:00 p.m. II. Roll Call. PRESENT: Chair Bob Baughman Vice Chair Daniel Zwiener Commissioner Patrick Foley Commissioner Pat Spoerl Commissioner Lois Nagy Commissioner Valerie Pullara (via teleconference) Also Present: Salette Latas, Council Member Scott Nelson, Special Projects Coordinator Diane Chapman, Senior Office Specialist III. Call to the Audience. Opened and closed with no speakers. IV. Approval of Minutes MOTION: Vice Chair Zwiener MOVED to approve the November 10, 2008, Historic Preservation Commission minutes as corrected. Commissioner Nagy seconded the motion. Motion carried, 6:0. V. Discussion and possible action regarding HPC Work Plan. a. Cultural Resource Inventory Plan There is $50,000 in the budget set aside for cultural resource inventory. An inventory needs to provide information on what we know is in the Town. A more intensive survey would look at the historic context either already established by the State or what we want to do locally. Commissioner Nagy would like to meet with Commissioner Spoerl and put together a summary of what had been discussed and bring to the next meeting to refine. It can then be taken to a consultant and we will see what we can buy. Is there a hurry to do this? December 8, 2008 Draft Historic Preservation Commission Minutes Chair Baughman appointed Commissioners Spoerl and Nagy to meet with Mr. Nelson to do the first phase of the scope of work. b. Community Outreach - no report. c. CLG Application - no report. d. Budget - no report. e. Process Plan for Historic Designation - no report. f. Training Commissioner Foley and Mr. Nelson will meet Wednesday, 12/17, to start putting together a training calendar for the year. Chair Baughman said he wants to see a calendar every December for the following year with training every two months. g. Santa Cruz Heritage Alliance - no report. VI. Discussion and possible action regarding Steam Pump Ranch. a. Historic garden project Commissioner Spoerl said the Oro Valley Historical Society (OVHS) is still working on a contract for the garden project and additional activities that OVHS may want to pursue. Vice Chair Zwiener was asked to follow up on the project and signage. The Pioneer Garden will not require any signage, but the Native American Garden may need signage. Chair Baughman said at the last meeting HPC endorsed the historic gardens. He would like a formal communication to Council from staff conveying HPC's endorsement. b. Arizona Centennial project Commissioner Zwiener said SPR qualifies for all criteria for a Centennial project and possible funding opportunities. If HPC agrees we should go forward with an application. It was decided to postpone proceeding with applying for an Arizona Centennial project until after the workshop in May. Leave this item on the agenda for next meeting. c. National Register Nomination 2 December 8, 2008 Draft Historic Preservation Commission Minutes Mr. Nelson said we have not received anything back on the National Register nomination from the State Historic Preservation Office (SHPO). Mr. Nelson said the Town Manager said there should be some type of celebration after the first of the year. d. SOP governing actions to be taken at SPR - no report. e. Pumphouse Mr. Nelson is looking at other possible funding sources. f. Security Mr. Nelson reported we have re-keyed locks and met withpolice to set uppatrols. Met with fire marshal and looked at the site and also Tucson Electric Power to disconnect service that is no longer necessary. VII. Discussion and possible action regarding Town Council (TC) appointment process and terms of appointment to Boards and Commissions (as it effects the Historic Preservation Commission). Council Member Latas explained there have been several Council studysessions regarding standardizing the board and commission appointmentrocess and improving p p g recruitment and potential for volunteers. A proposed change is that TC members would appointment members to Boards and Commissions. Chair Baughman said it may be beneficial to have a special session to talk about t the two year term and appointment process before this item goes to Council. After the . special session, HPC would go to a study session to discuss the SOProcess. Invite Ainsleyp Legner to the study session. VIII. Discussion of Honey Bee Village. Mr. Nelson reported the County still owns Honey Bee Villa e (HBV). The IGA g said the transfer would come after all archaeological reports were submitted and reviewed. It was anticipated that would be a 2 year process. The County increased the scope of work which resulted in an additional $680,000 in charges. TC said no to payinghalf those charges. The 2009 County Bond project has beenost oned. Included in p p the bond package was $250,000 that would have dealt with trails and n interpretive signage. gage. The implementation plan has a schematic plan showing different sites and an Opportunities and Constraints map showing other details. Costs should remain about the same. Archaeological artifacts are in physical possession of Desert Archaeology. After inventory, gY the artifacts will be given to the State museum. Is there any wayHPC could see any of those artifacts at Desert Archaeology? 3 December 8, 2008 Draft Historic Preservation Commission Minutes Mr. Nelson said he did not have an answer. We did not contract with Desert Archaeology. Chair Baughman asked Mr. Nelson to call and see if Desert Archaeology would allow HPC to see the artifacts. The grant proposal for the Tohono O'odham Nation can be resubmitted again in June. It probably will not be funded as gaming and revenues are down and only small grants are being given out. A trip to go see HBV will be scheduled for the Commission to view the site in late January or early February depending upon scheduling. IX. Discussion and possible action regarding National Alliance of Preservation Commissions. Take off agenda. X. Announcements. There were no announcements. XI. Items for future agendas. XII. Adjourn. MOTION: Commissioner Nagy MOVED to adjourn the Historic Preservation Commission meeting. Commissioner Spoerl seconded the motion. Motion carried: 6:0, Meeting adjourned at 6:45 p.m. Prepared by: Diane Chapman, S f 'ior Office Specialist 4 "Managing and tone r r`i 3 rizorak r S a .r.af. ;ul tF}ural ar- recreational to ou lc es•t %NEN December 23, 2008 DEC 2 2008 Scott L. Nelson '- 4 Special Projects Coordinator Planning and Zoning Arizona Town of Oro Valley State Parks 11000 N. La Canada Drive Oro Valley, AZ 85737 re: Certified Local Government Program Dear Mr. Nelson: Janet Napolitano Governor I have reviewed your letter of October 31, 2008 in response to my request for State Parks additional information; and find that your application for Certified Local Board Members Government status is now complete. Chair I have enclosed the contract for execution by mayor Loomis and approved as t William C. ScalzoY pp Phoenix form by the Town of Oro Valley Attorney. The State Historic Preservation Ar Coltonofficer and the Director of State Parks will sign upon receipt of the contract !a n Tucson signed original. Reese Woodling This office is required to keepthe on file; but a copywill be sent to Tucson q original you for your records. Tracey Westerhausen Phoenix Sincerely, William C. Cordasco Flagstaff At I�j Larry Landry - ; 61, • Phoenix Mark Winkleman Robert R. Frankeberger, AIA State Land Architect, State Historic Preservation Office Commissioner Kenneth E. Travous Executive Director Arizona State Parks 1300 W. Washington Phoenix,AZ 85007 Tel &TTY: 602.542.4174 www.azstateparks.com 800.285.3703 from (520 & 928)area codes General Fax: 602.542.4180 flirertnr'c (lffiire Fav: 602.542.4188 ARIZONA STATE PARKS BOARD CERTIFIED LOCAL GOVERNMENT PARTICIPANT AGREEMENT This agreement is made and entered into by and between the ARIZONA STATE PARKS BOARD on behalf of the State of Arizona (STATE) through its STATE HISTORIC PRESERVATION OFFICER (OFFICER) and Town of Oro Valley, the CERTIFIED LOCAL GOVERNMENT (CLG), whose address is 11000 N. La Canada Drive, Oro Valley, AZ 85737. The OFFICER has authority to enter into this Agreement pursuant to U.S.C. 470 et sec. and A.R.S. § 41-5 11.04 and 41-511.05, and any successor statures. The CLG has authority to enter into this agreement pursuant to ARS 11-952. PART I. CONTRACT TERM The effective date of this agreement is the date the National Park Service concurs, and shall remain in effect until the CLG requests decertification as a CLG or is decertified by the OFFICER pursuant to the provisions of Section V, "Certified Local Government Program in Arizona,"a copy of which is attached hereto as Exhibit A and is incorporated by reference as a part of this agreement. PART II. CONSIDERATION The consideration for this agreement is the mutual promises of the parties contained herein. PART III COMPLIANCE The parties shall comply with all applicable laws, rules and regulations pertaining to the execution and administration of the terms contained in Exhibit A to this agreement. The CLG and its agents shall be specifically subject to all applicable provisions of the Historic Preservation Fund Grants Manual as presently in effect or as may be promulgated during the period of this agreement. A copy of the Historic Preservation Fund Grants Manual is available for inspection at the Arizona State Parks Board Office, 1300 West Washington Street, Phoenix, Arizona 85007. The OFFICER will provide guidance on the provisions of the Historic Preservation Fund Grants Manual. PART IV ENFORCEMENT OF LOCAL ORDINANCE The CLG agrees to enforce its Historic Preservation Ordinance, a copy of which is attached as Exhibit B and incorporated by reference as a part of this agreement. PART V NONDISCRIMINATION During the term of this agreement, the parties agree to comply with the provisions of Executive Order 99-4 issued by the Governor of the State of Arizona relating to nondiscrimination in employment, a copy of which is attached hereto as Exhibit C and incorporated by reference as a part of this agreement. Certified Local Government participant agreement page 1 of 2 Revised February 14,2003 PART VI AGREEMENT FOR ARBITRATION If required pursuant to A.R.S. §12-1518, and any successor stature, the parties agree to use arbitration, after exhausting all applicable administrative remedies, to resolve all disputes arising out of this agreement. PART VII CANCELLATION OF STATE CONTRACTS Pursuant to A.R.S. §38-511, and any successor statute, the STATE may cancel this contract, without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the STATE or any of its departments or agencies is, at any time while the contract or any extension of the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. Such cancellation shall become effective upon written notification from the Governor of the State of Arizona. The parties have executed this agreement as of the dates entered below. enter here the city, town or county STATE OF ARIZONA CERTIFIED LOCAL GOVERNMENT ARIZONA STATE PARKS BOARD By By Paul Loomis, Mayor, Town of Oro Valley James Garrison, State Historic Preservation Officer Date Date By Kenneth E. Travous Executive Director Arizona State Parks Board Date Certified Local Government Attorney Approval as to Form Signature Date Attachments: Exhibit A — Certified Local Government Historic Preservation Program in Arizona Exhibit B—Article 6-10 Historic Preservation Code Exhibit C—Executive Order 99-4, Nondiscrimination in Employment Certified Local Government Participant Agreement Page 2 of 2 Revised February 14,2003 (Exhibit A) Certified Local Government Historic Preservation Program in Arizona Section I. Introduction A. The national historic preservation program has operated as a decentralized partnership between the Federal government and the state of Arizona since its establishment in 1970. The Federal government established a program of identification,evaluation and protection of historic properties which the states, primarily, carry out. The success of that working relationship prompted Congress, in 1980, to expand the partnership to provide for participation by local governments (counties, incorporated cities and towns). B. The role of the "Certified Local Government" in the partnership involves, at a minimum, 1)eligibility to apply to the State Historic Preservation Officer for matching funds earmarked for "certified local governments," and 2)responsibility for review and approval of nominations of properties to the National Register of Historic Places. C. The Federal law directs the State Historic Preservation Officer and the Secretary of the Interior to certify local governments to participate in this partnership and specifies several requirements that the local government must meet. D. The following sections describe how the Federal-State-Local partnership works in Arizona. Section II. Definitions A. "CLG" means a certified local government. B. "Commission" means a historic preservation board,council or similar collegial body that is established by local legislation,composed of professionals and persons, appointed as specified in the legislation, with a demonstrated interest, experience or knowledge in disciplines such as history, planning, archaeology, architecture, architectural history, historic archaeology or other fields related to historic preservation, that must perform the duties and responsibilities specified in the legislation. C. "HPF" means Historic Preservation Fund. D. "Local government" means any incorporated city, town, or county. 1 E. "National Register" means the National Register of Historic Places. F. "SHPO" means the State Historic Preservation Officer. G. "Secretary" means the Secretary of the U.S. Department of the Interior. H. "Subgrantee" means the legal receiver of HPF funds through the SHPO. Section III. Eligibility of a Local Government for Certification A. A local government that meets the criteria established in subsection B through F of this section may apply for certification under Section IV. B. A local government must enact and enforce an ordinance for the designation and protection of historic properties. The ordinance must, at a minimum,include the following: (1) Statement of purpose. (2) Definitions. (3) Establishment of a commission with specific membership and duties. (4) Historic designation procedures for local resources and/or districts. (5) Criteria for historic designation of local resources and/or districts. (6) Provisions for public hearing on historic designation with public notification. (1) Mandatory review of alterations to,relocations or demolition of historic resources individually or within historic district boundaries and mandatory review of new construction within the boundaries of historic districts. (2) Specific guidelines to be used by the Commission, such as (or based on) the Secretary of the Interior's Standards for Rehabilitation. (9) Specific time frames and procedures for reviews and for consideration of appeals. (10) Provisions for decision making, enforcing decisions, and a right of appeal. C. A local government must establish the Commission required by the ordinance provided under subsection B. The Commission must: 2 (1) Be composed of at least five members, all of whom have a demonstrated interest, experience or knowledge in at least one of the following; history, architectural history, architecture, historic interiors, historic architecture, planning archaeology, historic archaeology,real estate, historic preservation law or other historic preservation related field. To the extent available in the community, at least two professionals from the disciplines of architecture, history, architectural history, planning, archaeology, or related historic preservation disciplines such as cultural geography or cultural anthropology must be members of the Commission. If a field is not represented by a Commission member, the Commission must obtain expertise in the field when considering National Register nominations and other actions that will impact properties that are normally evaluated by a professional in that field (e.g., archaeological sites should be evaluated by a professional archaeologist). Such expertise may be obtained through universities,private preservation groups or consultants, or other means approved by the SHPO. If a local government is to be certified without the minimum number of types of disciplines the local government must provide the SHPO with information, in writing, that it has made a reasonable effort to fill those positions. (2) Be composed of members who are appointed to serve staggered terms of office as specified by the ordinance. (3) Meet at least four times each year and follow the provisions of the Arizona Open Meetings Act, including providing for public notice and allowing the agenda, minutes and meetings are open to the public. (4) Provide for rules of procedure that are made known to the public. (5) Make its decisions in an open forum and advise all interested persons of decisions. (5) Prepare a written annual report of commission activities that is submitted to the SHPO and is available to the public. The report must contain, at a minimum, minutes of meetings, decisions made, special projects and activities, the number and types of cases reviewed, revised resumes of Commission members, and member attendance records. (6) Ensure that vacancies on the Commission are filled within 60 days,unless extenuating circumstances require a longer period. An extension may be granted by the SHPO upon petition,in writing,of the chief official of the local government. (7) Encourage all members to attend any training sessions and review any orientation materials provided by the SHPO. The SHPO will make available such training and orientation materials to provide working knowledge of the roles and operations of the 3 federal, state, and local preservation programs. (3) Carry out its responsibilities in coordination with SHPO responsibilities as outlined in 36 CFR 61.4(b) and ensure that its responsibilities are complementary to the SHPO's. D. A local government must maintain a system for the survey and inventory of historic properties. (4) A CLG must begin or continue a process for identifying historic properties within its jurisdiction that is approved by the SHPO. (2) A CLG must maintain a detailed inventory,under the jurisdiction of the Commission, of the designated historic districts, sites, buildings, structures or objects. (3) All survey and inventory efforts and materials must be coordinated and compatible with the State's survey and inventory program(including the standards, guidelines and forms) of the SHPO. This will ensure that the information is in a format suitable for integration into the state historic preservation planning process. The SHPO will make available all appropriate materials and information to the CLG. (5) All inventory materials must be accessible to the public, updated periodically and available, through duplicates, to the SHPO. E. A local government must provide for adequate public participation in the local historic preservation programs, including the process of recommending properties for nomination to the National Register. (1) All meetings of the Commission must be open meetings as required by the Open Meetings Act(A.R.S. Section 38-431,et sec.). The Commission should encourage public comment on agenda items. (2) All reports submitted to the SHPO must detail how public comment was solicited and received. F. A local government must satisfactorily perform the responsibilities specified in subsections B through E above and any other responsibilities specifically delegated to it. The SHPO may,by written agreement with a CLG, delegate additional responsibilities such as environmental review projects if the CLG has adequate, qualified staff. 4 Section IV. Process for Certification of Local Governments A. The chief elected official of the local government must request certification from the SHPO. The request for certification must include: (1) A written assurance by the chief elected official that the local government fulfills and will continue to fulfill all the standards for certification outlined in Section III. (2) A copy of the local historic preservation ordinance. (3) A list and accompanying maps of the areas designated at that time as historic districts or individual historic resources. (4) Resumes for each of the members of the Commission including, where appropriate, credentials of member expertise in fields related to historic preservation. B. The request for certification will be reviewed by the SHPO for accuracy, completeness and compliance with the provisions of this document. C. The SHPO will respond to the chief elected official within 60 days of the receipt of an adequately documented written request for certification. D. If a certification request is approved,the SHPO will prepare a written certification agreement that lists the responsibilities of the CLG. The list of responsibilities will include those listed in Section 111, any additional responsibilities delegated to all CLGs in the State and any other delegated responsibilities. Such a certification agreement, once approved,may be amended with approval of the National Park Service, Western Regional Office. • E. The SHPO certification of a local government to participate in the national historic preservation program constitutes certification by the Secretary,provided the Secretary has approved the State process and does not take exception to the request for certification and the certification agreement within 15 working days after receiving a complete CLG application and certification agreement from the SHPO. F. Once a local government is certified, it remains certified without further action unless, after substantive review, the SHPO recommends and proceeds with decertification or the CLG requests that it no longer be certified. G. A local government may appeal to the Secretary any SHPO decisions to deny certification or to decertify. Section V. Process for Monitoring and Decertification 5 A. The SHPO will conduct a periodic review at least annually and monitor each CLG to assure that each government is fulfilling its responsibilities, as set forth in this document and the written certification agreement in a manner that is consistent and coordinated with the identification, evaluation and preservation priorities of the comprehensive state historic preservation planning process. B. The SHPO will, in his/her review: (1) Study annual reports submitted by the CLG, records of the administration of HPF funds allocated to the CLG, and other pertinent documents of the CLG requested by the SHPO. (2) Evaluate the CLG's performance of the responsibilities specified in this document and the written certification agreement and other responsibilities delegated to it. (3) Recommend to the CLG specific steps to bring its performance up to an acceptable level, if necessary. C. The standards for evaluating the CLG's performance will include adequate preparation of all required reports, including the annual report, proper expenditure of HPF funds as adequately documented in required reports, and documented compliance with all requirements of this program and the written certification agreement. D. A CLG may take up to 180 days from the date the SHPO notifies the CLG, in writing, of the recommended steps, to implement the specific steps recommended. E. If the SHPO determines that sufficient improvement has not occurred after the 180- day period,the SHPO will recommend decertification of the CLG to the Secretary, citing specific reasons for the recommendation. F. A CLG may,voluntarily and without penalty, request decertification in writing addressed to the SHPO. G. If a CLG is decertified, the SHPO will terminate any financial assistance received by the CLG from the HPF allocation and will conduct a closeout review of the CLG funds received from the SHPO in accordance with the procedures set forth in the National Register Programs Manual. Section VI. Transfer of HPF Monies to CLGs A. In order to be eligible to receive a portion of the local share of the State HPF allocation, a CLG must: 6 (1) Have adequate financial management systems that meet Federal standards of the Office of Management and Budget Circular A-102 and Attachment G "Standards for Grantee Financial Management Systems", are auditable in accordance with the General Accou Activities, and Functions, and are evaluated annually by the SHPO or designee. (2) Adhere to all requirements of the National Register Programs Manual or successor manual. These requirements include the following: a. Indirect costs may be charged as part of the CLG grant only if the CLG meets the requirements of the Manual, b. Unless the CLG has a Federally approved, current indirect cost rate only direct cost may be charged. (3) Adhere to any requirements and special conditions mandated by Congress pertaining to the HPF. B. At least 10% of the State's HPF allocation will be made available,on a competitive basis, to CLGs, on a 50-50 matching basis,for historic preservation activities and projects eligible for HPF assistance as follows: (1) Operations a. CLGs receiving HPF funds from the CLG share shall be considered subgrantees of the State. b. Transferred monies shall not be applied as matching share for any other Federal grant, except as permitted under the National Register Programs Manual. c. CLG requirements shall be included in the State's written grant agreement with the local government. d. Any State directed specific uses of HPF funds are to be for activities that are eligible for HPF assistance. e. Any State directed specific uses of HPF funds are to be consistent with the State comprehensive historic preservation planning process. f. The State will be responsible,through financial audit,for the proper accounting of HPF CLG share monies in accordance with the Office of Management and Budget Circular A-102,Attachment P, "Audit Requirement". (2) Notification 7 a. Within 30 days after notification by the Department of the Interior of the State's b. Within 60 days after the date of the written notice required by subdivision a, the SHPO must receive the funding applications from the CLGs. c. Within 30 days after the SHPO receives the formal obligation of funds from the (3) Funding Priorities The SHPO will award funds competitively to CLGs based on the following, and after consideration of the proposal and the status of the CLG's historic preservation program: a. Administration of a local preservation program with emphasis on survey. b. Administration of a local preservation program with emphasis on nomination. c. Administration of a local preservation program with emphasis on protection activities. d. Administration of a local preservation program with emphasis on integrating historic preservation goals with the community's planning process. e. Administration of a local preservation program with emphasis on increasing the effectiveness of the local government in addressing historic preservation issues and needs. f. Administration of a local preservation program with emphasis on increasing the community's awareness and understanding of historic preservation values. (4) Eligibility Every CLG is eligible to receive funding, but no CLG will automatically receive funding. (5) Criteria for Selection The SHPO and State Parks Board will evaluate and select projects based on the following criteria: a. An application must clearly state a specific goal or goals that are measurable and attainable within the funding period. b. A CLG must demonstrate an understanding of State and local preservation priorities. c. A CLG must assure an acceptable 50% matching share. 8 d. The funds awarded to an applicant will be sufficient to generate effects directly as a result of the funds transfer. Furthermore, the requirements for tangible results may not be waived even if there are many otherwise eligible applicants for the CLG share. e. Reasonable efforts will be made to distribute funds among the maximum number of eligible CLGs and between urban and rural areas of the State. If there are multiple eligible CLGs, no CLG will receive a disproportionate share of the HPF allocation. f. The SHPO will make available, upon request, the rationale for the applicants selected and the amounts awarded. (6) Procedure The chief elected official of a CLG shall submit to the SHPO an annual application, developed by the SHPO for CLG Share Funds, which outlines the proposed activity and the budget,including the source of match. Application materials will also include a copy of the jurisdiction's last audit, which discusses, in part, adequacy of financing. The SHPO will develop the application forms. Section VII. CLG Participation in the National Register Nomination Process A. CLGs must participate in the National Register Nomination process, as follows: (1) The SHPO will forward a copy of completed National Register nominations within the CLG's jurisdiction with a summary sheet to the CLG's chief elected official,the property owner and the Chair of the Commission, within 30 days after receipt of the nomination. It will be the responsibility of the Commission Chair to disseminate this information to the Commission members. The Commission shall provide for a reasonable opportunity for public comment prior to preparing a report. After receipt of such report and recommendation, or if no such report and recommendation are received within 60 days,the SHPO may make the nomination pursuant to Section 101(a) of the National Historic Preservation Act of 1966,as amended. The SHPO may expedite such process with the concurrence of the CLG. (2) Within 60 days of receipt of the nomination and summary sheet, the CLG's chief elected official shall transmit the Commission's report and the official's recommendat reports may indicate that no opinion is given. 9 (3) If both the Commission and the chief local elected official recommend that a property not be nominated to the National Register, the SHPO shall take no further action, unless within 30 days of the receipt of such recommendation by the SHPO an appeal is filed with the State. If such an appeal is filed, the SHPO will follow the established procedures set forth in the National Historic Preservation Act of 1966, as amended (Section 101(a)). Any report and recommendations made under this subsection shall be included with any nomination submitted by the State to the Secretary. B. Upon written agreement between the CLG and the SHPO, the CLG may elect to assume responsibility for notification of property owners and the public throughout the nomination process. In this case, the CLG must meet the public notice requirements specifiedby the National Register nomination procedures of the Department of the Interior. If a CLG assumes the notification responsibilities, the SHPO will provide guidelines regarding persons to be contacted and the content and timing of the notification letters. Rev.May 2001 10 Article 6-10 HISTORIC PRESERVATION CODE Sections: 6-10-1 Purpose, Mission and Objectives 6-10-2 Relation to General Plan 6-10-3 Definitions 6-10-4 Historic Property Register 6-10-5 Historic Preservation Commission 6-10-6 Incentives 6-10-7 Historic Landmark Designation Process 6-10-8 Historic District Designation 6-10-9 Certificate of Appropriateness 6-10-10 Maintenance and Repair 6-10-11 Economic Hardship 6-10-12 Appeals 6-10-13 Violations and Enforcement 6-10-14 Severability Section 6-10-1 PURPOSE, MISSION AND OBJECTIVES A. Purpose. It is herebydeclared as a matter of public policy that the Town of Oro p Valley joins with the United States of America and the State of Arizona in promoting the protection, enhancement, andPerP etuation of properties, areas, documents and artifacts of historic, cultural, g archaeological and aesthetic significance as being necessary for the economic,cultural,educational and generalpublic.welfare of the This is done pursuant to the provisions of the National Historic Preservation Act of 1966 as amended, the Arizona Revised Statutes, Section 9-462.01, and the establishment of this Historic Preservation Ordinance by the Oro Valley Town Council. B. Inasmuch as the identity of a people is founded on its past, and inasmuch as Oro Valley has many historic, archaeological and cultural resources which constitute its heritage, this ordinance is intended to: I. Identify and preserve the historic properties that represent distinctive elements of Oroarchaeological,Valley's historic, archaeolo ical, architectural and cultural heritage; maintain and foster their unique identities, which in turn helps to make the community a desirable place to live, work and visit. � 2. Promote the use of historic properties for the education, pleasure, and welfare of the people of the Town. 1 i 3. Foster civic pride in the accomplishments of the past. 4. Protect and enhance Oro Valley's attractiveness to visitors which also provides support and stimulus to the economy. 5. Stabilize and improve property values of rehabilitated and protected sites. 6. Provide incentives for restoration by owners of landmarks or historic properties. 7. Provide standards for restoration of Designated Properties and for new construction within Historic Districts. l'Qrd 06-20 A domed 10-04-06 1 C. Mission. The mission of the Oro Valley Historic Preservation Code is to promote the educational. cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings,districts, landmarks, structures,documents,photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. D. Objectives of the Oro Valley Historic Preservation Commission. 1. To maintain a code providing for the designation and preservation of historic buildings, districts, landmarks, structures, documents, photographs, and other artifacts; 2. Under the terms of the Code,to promote the designation of historic landmarks and districts; 3. To keep a register of all historic landmarks and districts; 4. To conduct an ongoing survey to identify significant buildings, districts and structures within the town; 5. To inform and educate citizens concerning the history and heritage of Oro Valley; and 6. To create an appropriate design of historical markers for identification of historic landmarks and districts. Section 6-10-2 RELATION TO GENERAL PLAN The administration of this Article shall be pursued in accordance with the policies set forth in the Oro Valley General Plan. r Section 6-10-3 DEFINITIONS For the purpose of this Article, certain words, phrases and terms used herein shall have the meaning assigned to them by this Section. When not inconsistent with the context, words used in the present tense include the future; words in the singular include the plural and those in the plural include the singular. The word "shall" is mandatory; the word "may" is permissive. Alteration: Any aesthetic, architectural, mechanical or structural change to the exterior surface of any part of a Designated Property as defined herein. Archaeological site: A site containing any structure, articles or remains resulting from prehistoric human life, habitation or activity, including but not limited to petroglyphs, pictographs, paintings. pottery, tools, ornamentation,jewelry, textiles, ceremonial objects, weapons, armaments, vessels or vehicles. Building: A structure created to shelter any form of activity, such as a house, barn, church, hotel, or similar structure. "Building" may also refer to a historically-related complex, such as a courthouse and jail, or a farmhouse and barn. Cemetery: Any site, which contains at least one burial, marked or previously marked, considered a dedicated cemetery under Arizona State Statutes, even though it may be currently suffering neglect and abuse. Certificate of Appropriateness: A document issued by the Commission, following prescribed review procedures, certifying that proposed work on a Designated Property is compatible with the historic character of the property, and therefore (1) may be completed as specified in the Certificate of Appropriateness, and (2) any building permits needed to do the work specified in the Certificate may be issued. Chair: The Chair of the Historic Preservation Commission or his/her designee. O['Ord 06-20 Adopted 10-04-06 2 Chief Building Official: The Chief Building Official of the Town of Oro Valley, or his/her designee. Commission: The Historic Preservation Commission of the Town of Oro Valley, Arizona as described in this Article. Construction: Any site preparation, assembly, erection, repair, alteration or similar action (excludingdemolition) for or of sites, structures, public or private rights-of-way, utilities or other improvements. Contributing: A classification applied to a building site, structure or object within a Historic District or LandmarkP roperty signifying that it contributes to the defining characteristics of the Historic District or Landmark. Demolition: Any intentional act or process, which totally or partially destroys a Designated Property. Designated Property: A ro erty which has received Town designation as a Landmark,or gproperty as a Contributing Property erty within a Historic District, according to the provisions of this Article. Director: The Community Development Director of the Town of Oro Valley or his/her designee. Historic District: A geographical area whose boundaries are defined by a Historic District zoning designation nation which contains properties, structures, sites or objects which are considered to have historic or cultural value. Historic Property Register: The listing and defining of Designated Properties of Oro Valley as provided in this Article. Historic Resource Survey: The official historic resource survey book of the Town as produced bythe Commission, listingand describing properties, structures, sites or objects (whether designated or not) which are considered by the Commission to have historic or cultural value. Integrity: A measure of the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period in comparison with its unaltered state. For example, a historic building of high integrity has few alterations or ones that can be easily reversed, and an archaeological site with high integrity is one isrelatively that undisturbed; criteria evaluated include association, design, feeling, location, and materials. Landmark: A designation, as a result of processes provided in this Article, applied by the Commission to an individual property, structure, site or object, which has a historic value or expresses a distinctive character worthy of preservation. Maintenance: Regular, customary or usual care for the purpose of preserving a property and keeping it in a safe, sanitary and usable condition, without causing any alteration to the distinctive P g exterior character of the property. Non-contributing: A classification applied to a property, site, structure or object within a Historic District or Landmark property signifying that it does not contribute to the defining characteristics of the Historic District or Landmark. PRAB: The Parks and Recreation Advisory Board of the Town of Oro Valley, Arizona. h � Planning and Zoning Commission: The Planning and Zoning Commission of the Town of Oro Valley, Arizona. • The act orprocess of applying measures to sustain the existing form, integrity Preservation: and material of a structure, and the existing form and vegetative cover of a site. It may include work where necessary, as well as ongoing maintenance of the historic materials. stabilization r}'. g 01 Ord 06-20 Adopted 10-04-06 3 Preservation Covenant: A deed restriction filed with Pima County, which identifies the property as a Landmark or a Contributing Property within a Historic District. Reconstruction: The act of reproducing by new construction the exact form and detail of a vanished structure or object, or part thereof, as it appeared at a specific period of time. Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Removal: Any relocation, in part or whole, of a structure on its site or to another site. Renovation: See Rehabilitation. Repair: Any physical change that is not alteration, construction, removal or demolition. Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time, by the removal of later work or by the replacement of missing earlier work. Review Criteria: The standards. tests, norms or guidelines applied by the Commission during any review process, including but not limited to surveys, designations, or Certificates of Appropriateness. Secretary of Interior Standards: Standards which pertain to historic buildings of all materials, construction types, sizes and occupancy, and encompass the interior and exterior, developed and published by the office of the United States Secretary of the Interior, as part of the Department of the Interior regulations. Stabilization: The act or process of applying measures designed to re-establish a weather- resistant enclosure and the structural stability of an unsafe or deteriorated property, while maintaining the essential form as it exists at present. Structure: Anything constructed or erected, the use of which requires a permanent or semi-permanent location on or in the ground, including but not limited to bridges, dams, water distribution systems, buildings, garages, fences, gazebos, advertising signs, antennas, satellite sending or receiving dishes, paved parking or circulation areas, landscapes, sculpture, and recreational facilities. Town: The Town of Oro Valley, Arizona Section 6-10-4 HISTORIC PROPERTY REGISTER A Historic Property Register is hereby established for the purpose of listing and defining Landmarks and Historic Districts designated under the provisions of this Article. This register may be periodically amended by the Commission, and shall be available for public reference and historical study. Section 6-10-5 HISTORIC PRESERVATION COMMISSION Pursuant to Ordinance Number (0) 04-45, there is created a commission to be known as the Oro Valley Historic Preservation Commission. A. Membership 1. The Historic Preservation Commission shall be composed of seven(7)members. six (6)of whom shall be appointed by the Town Council,and one of whom shall be the Town Historian. 01/Ord 06-20 Adopted 10-04-06 4 2. Prospective members should have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group, current non-conflicting or previous employment or volunteer activity in the field of historic preservation,or other serious interest in the field. To the extent possible, it is desirable that two (2) members be current or previous professionals in the areas of architecture, history, planning or archaeology. 3. Immediately prior to assumption of the duties of office, each member shall take and subscribe to the oath of office. 4. All Commission members shall serve without pay, except that members may be reimbursed for actual expenses incurred in connection with their duties, upon authorization. B. Term of Office 1. Membership appointment to the.Commission shall be for a period of three (3) years. Terms shall be staggered so that no more than two(2)members' terms shall expire in any given year. All terms shall begin on July 1st and shall end on June 30th or until a successor is appointed and qualified. 2. In the event of a resignation, removal or death of a member, the Council shall fill the vacancy for the un-expired term. 3. The Council may remove any member of the Commission by a majority vote of the majority of the Council, or as otherwise provided by ordinance or Town Code. 4. Upon adoption of this Code the Council shall reorder the terms of the current appointed members of the Commission so that two (2) members' terms shall expire in approximately one (1) year, two (2) members' terms in approximately two (2) years, and two (2) members' terms in approximately three (3) years, consistent with the provisions of(1) above. C. Officers 1. The members of the Commission shall elect from among themselves a Chair and a Vice Chair, who shall serve for one (1) year or until their successors are elected. Officers may serve successive terms, if so chosen by the Commission. 2. The Chair shall preside at meetings and exercise the usual rights, duties and prerogatives as the head of similar organizations. The Chair shall serve as Commission liaison with the g Town staff, and shall also be responsible for other duties as described in this Article. 3. The Vice Chair shall perform the duties of Chair in the Chair's absence or disability. 4. The members shall fill a vacancy in either office for the unexpired term through a new election. D. Meetings 1. The Commission shall meet monthly, unless otherwise provided. 2. A majority of members shall constitute a quorum. The affirmative vote of the majority of members present shall be required for passage of any matter before the Commission. Any member may abstain from voting on a matter by declaring a conflict of interest, in which case such member shall step down and take no part in discussions or deliberations on that matter. E. Rules 1. The Commission shall make and publish rules to govern its proceedings,subject to approval by the Town Council. All meetings of the Commission shall be open to the public and noticed as provided by Arizona law. 01'Ord 06-20 Adopted 10-04-06 2. Minutes shall be kept of all meetings. The minutes shall include all issues considered, and shall record the individual votes of members on each action item. F. Powers and Duties The responsibility of the Commission is to promote the purposes and objectives of this Article and shall include, but not be limited to the following: 1. Maintain and periodically update, as needed, a plan for historic preservation. 2. Maintain review criteria to assure fair and impartial evaluation and designation of properties as Landmarks and Historic Districts. The Commission shall periodically review these criteria. and make such adjustments or updates as may be required. 3. Maintain criteria to assure fair and impartial review of applications for Certificates of Appropriateness. 4. Review properties proposed for designation as Landmarks, explain to the owners thereof the potential effects of designation as known to the Commission at that time and make a decision to designate, conditionally designate, or deny designation. 5. Review property nominations for designation as a Historic District,explain to the owners thereof the potential effects of designation as known to the Commission at that time and make recommendations regarding rezoning to a Historic District to the Planning and Inning Commission. 6. Propose design guidelines appropriate to individual Historic Districts. 7. Review and approve, conditionally approve or deny applications for a Certificate of Appropriateness. 8. Maintain the Historic Property Register. 9. Detemline and cause to be created a system of markers for designated properties. 10. Recognize the owners of designated properties. Issue commendations to owners of historical properties who have rehabilitated their property in an exemplary manner. 11. When Town Council approval is appropriate,make recommendations to the Town Council regarding the acquisition of property suitable for preservation. 12. Make recommendations to the Town Council regarding the utilization of federal, state, Town or private funds to promote historic preservation. 13. Make recommendations to Town Council to accept gifts, grants, funds, contributions, and bequests from individuals and public and private entities, agencies, foundations, trusts, corporations, and other organizations or institutions 14. Cooperate with and enlist the assistance of persons,organizations,foundations and public agencies in matters involving historic preservation, rehabilitation and reuse,with Town Council approval as appropriate. 15. Increase public awareness of the values of historic, cultural, archaeological and architectural preservation, by developing and participating in public education programs. 16. Annually prepare written reports of Commission activities; submit such reports to the Town Council and the State Historic Preservation Office(SHPO). These reports shall be available for public review. 17. Conduct detailed studies and surveys of properties and areas and assess their potential for designation. 18. Periodically review the Historic Resource Survey and consider the inclusion of any properties, which may have come to meet the requirements herein, and the deletion of any properties which may no longer exist. ng n 4d„nr—a 1n_n.L_n6 6 19. Work with and assist departments of the Town in matters affecting historic preservation. 20. Assist property owners, on request, on the restoration, rehabilitation, alteration, decoration, landscaping, or maintenance of any historic property. 21. Encourage and assist roe owners of historic properties on procedures for g property�' inclusion on State historic listings and the National Register of Historic Places. 22. Work collaboratively with PRAB in the design and use of parks and park-like areas which have a historic or archeological significance. 23. Establish Liaison with groups and organizations as appropriate. 24. Carry out such other duties as may be determined by the Town Council, and present other such recommendations as may be deemed pertinent. G. Committees Advisory committees may be created by the Chair or by the Commission to study and report on pertinent matters. Such committees may include citizens who are not members of the P Commission, but shall include at least one Commission member who shall serve as chair of the committee. Committees appointed for a specific task shall dissolve when the task is completed and its report has been presented to the Commission. Section 6-10-6 INCENTIVES It is the intent of the Town to make ownership of a Landmark or Contributing Property within a Historic District as beneficial asP ossible. In addition to the intangible benefits of owning a property recognized as an important community resource, the Council and Commission may, when applicable g P and possible,provide such owners with one or more of the following: A. Recommendation to the Department of Community Development that an alternate or transitional use be considered. B. Advice in locating potential sources of financial assistance and tax credits; C. Advice inreP aring grant applications and potential third party sponsorship; P D. Technical information and referrals; E. Assistance in locating buyers and/or sellers; F. Assistance in the formulation of a neighborhood association; G. Assistance in obtaining other benefits as may become available. Section 6-10-7 HISTORIC LANDMARK DESIGNATION PROCESS The Commission may designate nate as a Landmark an entire property, an identified portion of a property, or one or more individual structures on a property. A. Application Submittal and Review Requirements An application for a Landmark designation shall be submitted by the owner of the subject property or agent and involves the following steps: 1 . Pre-application Consultation. Prior to the submittal of an application for a Landmark designation, the applicant should consult with the Director to explain the application submittal requirements. 0 1'Ord 06-20 Adopted 10-04-06 7 2. Application Submittal Requirements. An application for a Landmark designation shall contain at a minimum the following, any of which may be waived by the Director, as authorized by the Commission: a. Completed application form. b. Location and description of property. c. Filing Fee. d. Statement or letter of authorization from the property owner, if different from the applicant. e. An ownership map of property owners within three hundred(300) feet of the exterior boundaries of the subject property as shown on the last assessment of the property. A list of these property owners shall also be provided on mailing labels and keyed to the map showing the location of the identified properties. f. A written description of the proposed property.Description should include special aesthetic, cultural, architectural, archaeological or engineering interest or value of a historic nature, including information about the architecture, notable construction features and other information indicating the historical significance of the property. Sketches,drawings,photographs,or other descriptive materials may be included. g. A written statement of condition of property and/or structure(s) including any known threats thereto. h. Other information as may be requested. 3. Incomplete applications may be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted,the application shall be considered complete and shall be accepted by the Director. Following acceptance of a complete application,the Director shall conduct a formal review and prepare a comprehensive report which shall be submitted to the Commission and made available to the applicant, media and general public at least seven (7) days prior to the Commission's public hearing on the Landmark application. 4. Upon acceptance of a complete application, no building or demolition permits affecting the proposed Landmark shall be issued by the Town until the process as described herein has been completed and the Commission has made its decision. B. Notice of Commission Hearing 1. Upon receipt of a complete application for a Landmark designation, the Chair shall place it on the agenda for a public hearing within 30 days. Public notice of this hearing shall be given as prescribed herein. 2. The Town shall give notice of the date, time, and place of a public hearing for consideration of a proposed Landmark,including general explanation of the matter to be considered and a general description of the area affected at least fifteen (15) days before the hearing in the following manner: a. Publication at least once in a newspaper of general circulation in the Town. b. Posting on the affected property so that the words "Public Hearing"and the date and time of the hearing are visible from a distance of one hundred (100) feet. It shall be the responsibility of the applicant to maintain the posting once erected. c. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred(300)feet of the property to be Landrnarked. OI'Ord 06-20 Adopted 10-04-06 8 d. In addition to notice by the means set forth above,the Town may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate. e. As provided in A.R.S.9-462.04.A(7),or any successor statute,the failure of any person or entity to receive notice as set forth in the statute shall not constitute grounds for any court to invalidate the actions of the Town. 3. Persons with specific issues or concerns regarding a proposed Landmark are encouraged to contact the Department of Community Development in writing, by phone or in person prior to the hearing. C. Landmark Designation Criteria The Commission shall evaluate each structure, site, building or property within an area that is included in an application and may designate it as a Landmark if it is determined to have historical or other cultural significance or integrity,and is suitable for preservation,using the following criteria: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type, period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre-history or history of our community. 5. Being at least 50 years old, or having achieved significance within the past 50 years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting, materials, workmanship, feeling or association. D. Commission Public Hearing and Designation 1. The Commission shall hold at least one public hearing on each Landmark application. At the public hearing,the Commission shall review the proposal with consideration given to the review criteria. Approval, conditional approval or denial of a Landmark application shall be based on the findings of the Commission as they relate to the criteria. 2. The Commission's decision shall be final unless appealed to the Town Council as provided for in this Article. A recommendation for approval may be subject to conditions as the Commission deems applicable. E. One (1) Year Bar on Refiling If the Commission denies an application, the Commission may refuse to accept another application for the same or substantially the same landmark on the same property or any part of it within one (1) year of the date the original application was filed on the same property or a portion of it. F. Removal of Landmark The procedure to remove a Landmark status from a property shall be the same as the procedure to designate. However, in the case of removal of a Landmark designation, the Commission may initiate the application. 01/Ord 06-20 Adopted 10-04-06 9 G. Effect of Landmark Designation 1. Upon approval of a Landmark designation,the affected property shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. 2. Once approved, the Historic Landmark designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future owners of the designated property. 3. No person shall carry out any exterior alteration,restoration,renovation, reconstruction,new construction, demolition or removal,in whole or in part,on any Landmark,without first obtaining a Certificate of Appropriateness from the Commission. 4. No person shall make any material change in the exterior appearance of any Landmark, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. 5. Each property designated as a Landmark shall be maintained in good condition and faithful to its historic character. 6. Nothing in this Article shall be construed to prevent normal maintenance and repair, which does not involve change in the exterior design, material, color or appearance. Section 6-10-8 HISTORIC DISTRICT DESIGNATION A. A rezoning approval is required in order to receive a Historic District designation. B. The Historic District is an overlay zone which designated properties retain the uses of and are subject to the regulations of the underlying zoning. The underlying zoning which relates primarily to land use and density, continues to be administered by the Planning and Zoning Commission. The Historic Preservation Commission administers the regulations as they relate to the historic district designation. C. The Commission, the Planning and Zoning Commission, Town Council, a property owner or agent of property owner of the area subject to the request, may initiate a request to rezone to a Historic District. D. Application Submittal and Review 1. Pre-application Consultation. A pre-application consultation with the Director is required in order for the Director to explain the rezoning review process and application submittal requirements. 2. Application Submittal Requirements. In addition to the submittal requirements set forth in Oro Valley Zoning Code Revised Section 22.3, all Historic District rezoning applications shall include the following: a. Written description of the proposed Historic District.Description should include approximate construction dates,special aesthetic features,cultural,architectural, archaeological or engineering interest or value of a historic nature, including information about the architecture, notable construction features, and other information indicating the historical significance. b. Identification of prospective Contributing Properties and how they each meet one or more of the Historic District criteria. c. Current sketches, photographs or drawings. d. Statement of condition of all structures. e. Explanation of any known threats to any property or structures involved. OVOrd 06-20 Adopted 10-04-06 10 1508.02 Notice of Public Hearing A. Notice of the Commission's public hearing shall be the same as set forth in the Oro Valley Zoning Code Revised Section 22.3. B. Upon publication of notice required above, no person shall make any material change in the exterior appearance of any property effected by said notice, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which effect the appearance of the property until the finalization of the designation process described in this article, provided that nothing in this section shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance. 1508.03 Historic District Designation Criteria Each structure, site, building or property within an area that is included in a Historic District rezoninga lication will be evaluated using the following criteria to determine if it has historical or �. PP other cultural significance or integrity, and is suitable for preservation: • A. Association with events that have made significant contributions to the broad patterns of our history. B. Association with the lives of persons significant in our past. C. Embodiment of distinctive characteristics of a type, period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. D. Yielding information important in the understanding of the pre-history or history of the community. E. Being at least 50 years old, or having achieved significance within the past 50 years if the property is of exceptional importance. F. Possessing integrity ii of location, design, setting, materials, workmanship, feeling or association. g ty 1508.04 Adoption of Historic District A. Action by the Historic Preservation Commission. Upon completing its public hearing on the Historic District application, the Historic Preservation Commission shall transmit its recommendation to the Planning and Zoning Commission. B. The Historic Preservation Commission's recommendation shall include the following: 111 ill.-�(1/, 7n 4 d,nrad J n_ne_n6 11 1 . A map showing the proposed boundaries of the Historic District and identifying all structures within the boundaries, including classification as contributing or noncontributing; 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries. 3. A set of findings documenting the recommendation of the Historic Preservation Commission. 4. Proposed design guidelines for applying the criteria for review of Certificate of Appropriateness to the nominated historic district. 5. The recommendations of the Historic Preservation Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the District. C. Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold aP ublic hearing to consider the Historic Preservation Commission's recommendations. Following conclusion of its public hearing, the Planning and Zoning Commission shall transmit its recommendation and the recommendation of the Historic Preservation Commission to Town Council. D. Action by the Town Council. Following conclusion of its public hearing, the Council may approve the Historic District as recommended or in a modified form, stipulating those conditions it deems necessary to carry out the purpose of this district and this Code. E. Documentation. The appropriate supporting statements, design guidelines and documents submitted with the application for a Historic District shall be considered by the Council and included in any ordinance establishing the Historic District. F. Recordation. Once approved, the Historic District designation and applicable restrictions shall be recorded in the office of the Pima County Recorder as notice to all future property owners within the Historic District. 1508.05 Effect of Historic District Designation A. Upon approval of a Historic District designation by the Town Council, the affected property(ies) P shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. The Town's zoning map shall be updated to reflect the new zoning district boundaries. The Town's parcel information database shall be updated to include those properties identified within the Historic District as Contributing and Non-Contributing. 4 1' �nn1nd 10-04-06 � B. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition or removal, in whole or in part, without first obtaining a Certificate of Appropriateness from the Commission. C. No person shall make any material change in the exterior appearance of a Designated Property, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness. D. Each property designated as a Contributing Property shall be maintained in good condition and faithful to its historic character. E. Nothing in this Article shall be construed to prevent normal maintenance and repair that does not involve change in exterior design, material, color or appearance. F. In addition to any other required review and/or approval, any proposed construction within a Historic District shall also be subject to Commission review according to any design guidelines which may have been applied to that District and other applicable criteria. 1509 CERTIFICATE OF APPROPRIATENESS A Certificate of Appropriateness is required before commencing any exterior improvements or , develo mentincludingalteration, restoration, renovation, reconstruction, new construction. development, demolition or removal, in whole or in part, of a Landmark or property located within a Historic District, whether or not the work will require a building permit. Building permits for exterior work on Landmarks or properties within Historic Districts shall not be issued without first obtaining a Certificate of.Appropriateness. If a building permit is sought from the Town without a Certificate of Appropriateness,ro riateness the issuance of the permit shall be deferred until after a Certificate of Appropriateness is issued by the Historic Preservation Commission. 1509.01 Application Submittal and Review Procedure An application for Certificate of Appropriateness shall be submitted by the owner of the subject property or agent and involves the following steps: A. Pre-application Consultation. Prior to the submittal of an application for a Certificate of Appropriateness, the applicant should consult with Director to explain the application submittal requirements. B. Application Submittal Requirements. An application for a Certificate of Appropriateness shall contain at a minimum the following: 1 . Completed application form. 2. Location and description of property with photographs of areas affected by proposed project. O i'Ord 06-20 Adopted 10-04-06 13 3. Filing Fee. 4. A Letter of Intent describing the overall project specifically addressing architectural style, its compatibility within its context area, building materials, colors, exterior lighting, signage and landscaping if applicable. 5. Site Plan identifying all existing and proposed structures. 6. Scaled illustrations showing all existing and proposed site improvements and conditions, landscaping, signage and building elevations. 7. Samples of all proposed exterior paints or stains and colors and samples of roof and other exterior materials to be used, with an explanation on how they relate to existing colors and materials. 8. If the proposal includes signs or lettering, a scale drawing showing dimensions, lettering, colors, materials and any illumination. r 9. Any additional information which the Commission may require to visualize the proposed work. C. Acceptance of Application. Upon receipt of an application for a Certificate of Appropriateness, the Director shall complete a preliminary review within five (5) working days to ensure that all the required materials have been submitted. Incomplete applications shall be returned to the applicant and not processed until all materials have been submitted. If all the required materials have been submitted, the application shall be considered complete and shall be accepted by the Director. 1509.02 Notice of Public Hearing A. Upon receipt of a complete application for a Certificate of Appropriateness, the Chair shall place it on the agenda for a public hearing within thirty (30) days. Public notice of this hearing shall be given as prescribed herein. B. The Town shall give notice of the date, time and place of a public hearing for consideration of a Certificate of Appropriateness, including a general explanation of the matter to be considered and aP eneral description of the area affected at least fifteen (15) days before the hearing in the g following manner: 1. Publication at least once in a newspaper of general circulation in the Town. 2. Posting on the affected property in accordance with Town posting requirements. 3. Notification by first class mail shall be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the subject property. OVOrd 06-20 Adopted 10-04-06 14 C. Following acceptance of a complete application, the Director shall conduct a formal review and prepare a comprehensive report, which shall be submitted to the Commission and made available to the applicant, media and general public seven (7) calendar days prior to the Commission's public hearing. Commission members shall make every effort to inspect the property prior to the hearing. D. At the hearing, concerned persons may present testimony and/or documentary evidence that will become part of the record of the hearing and the deliberations of the Commission. 1509.03 Commission Review and Decision A. It is the intent of this Article to ensure, insofar as possible, that properties designated as a Landmark or a property within a Historic District shall be in harmony with the architectural and historical character of the property or district B. When reviewing an application for a Certificate of Appropriateness, the Commission may approve, conditionally approve or deny a Certificate of Appropriateness based on the following: 1. The proposed work does not detrimentally alter, destroy or adversely affect any architectural or landscape feature; and 2. The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure, or district and shall include but not be limited to elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another; and 3. The proposed work conforms to review guidelines and/or other applicable criteria. 4. The exterior of any new improvement, building or structure in a designated Historic District or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a Historic District. n 1 Th d n6.70 Ardnntpd 10-04-06 15 C. Review Guidelines and Criteria: The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness 1. Approved design guidelines for a designated Historic District. 2. Secretary of the Interior's Standards for Rehabilitation. 3. Secretary of Interior's Preservation Briefs and other information developed by US Department of Interior Park Service, Arizona Historic Preservation Office,National Trust for Historic Preservation, National Alliance of Preservation Commissions, Association of Preservation Technology, and the Old House Journal. 4. Any other guidelines as adopted by the Town. D. No change shall be made in the approved P ofa project after issuance of a Certificate of Appropriateness without resubmittal to the Commission and approval of the change in the same manner as provided for issuance. E. A Certificate of Appropriateness ro riateness expires six (6) months from the date of issuance unless substantial work is started within that time. exceeds that specified in the Certificate of Appropriateness, the Certificate of F. If work p Appropriateness shall be deemed to be revoked, a stop work order issued, and no further building activities shall be allowed until another Certificate of Appropriateness is applied for and issued by the Commission. G. The Certificate of Appropriateness required by this Article shall be in addition to any other permit(s) or review required for the proposed project. 1509.04 Demolition of Historic Landmark or a Contributing Property within a Historic District A. Nop erson shall demolish a Landmark or Contributing Property within a Historic District or cause or permit such demolition to be done, nor shall any permit for such demolition be issued unless the demolition is approved by the Commission and a Certificate of Appropriateness is issued. B. A Landmark or Contributing Property erty may be demolished if: _ - _ . , , . , .,. 16 1. The Chief Building Official has determined that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or 2. The Commission finds, after review, that maintenance, use and/or alteration of the Designated Property in accordance with the requirements of this Article would cause immediate and substantial hardship on the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource: a. Is infeasible from a technical, mechanical, or structural standpoint, and/or b. Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current market value, permitted uses of the property, and the cost of compliance with applicable local, state and federal requirements. Costs necessitated by the neglect or failure of the current owner(s) to maintain the property need not be considered in making this finding; or c. The Commission finds that the demolition of a contributing property would not have a substantial adverse impact on the historic significance or integrity of a Historic District. C. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition. D. if demolition is approved, the Commission may require the property owners to publish notice at least ten days prior to the scheduled demolition date, in a newspaper of general circulation, of the availability of materials for salvage. Upon request, the Commission may make this information available to persons who may be interested in contacting the owner(s)to arrange for possible salvage of historic building materials. 1510 MAINTENANCE AND REPAIR Each property designated as a Landmark, and properties designated as contributing properties within a Historic District shall be maintained in good condition and faithful to its historic character. Nothing in this Article shall be construed to prevent normal maintenance and repair of any exterior feature of any structure designated as a Landmark or Contributing Property within a Historic District, which does not involve change in design, material, color or outward appearance. The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless authorization would impact the exterior. 1511 ECONOMIC HARDSHIP A. An application for demolition or removal of a Landmark or property within a Historic District may, if appropriate, be accompanied by a request for relief from economic hardship. Q I M-d Oh-20,4 dont ed 10-04-06 17 B. Before granting such request, the Commission shall study the historic or cultural value of the property, and shall review options including incentives to the owner for restoration, or recommendation to Council that the Town purchase the property. C. Separate standards and application requirements may be established by the Town for granting economic hardship relief for income-producing properties and for non-income producing properties. 1. Investment or income-producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which contribute to its distinctive character in its present condition nor if rehabilitated, either by the current owner or a potential buyer. 2. Non-income-producing properties: Economic hardship relief may be granted if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use in its present condition or if rehabilitated, either by the current owner or a potential buyer. D. Economic hardshiprelief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner; purchase of the property for substantially more than its fair market value; failure to perform normal maintenance and repair; or failure to diligently solicit and retain tenants or provide normal tenant improvements. 1512 APPEALS Any erson or group of persons aggrieved by a decision of the Commission may appeal to the Town Council within 10 working days of the Commission's action, by filing with the Town Clerk written notice of appeal and any applicable fee as may be adopted. The Council shall render a decision to sustain, conditionally overrule or overrule the Commission decision. The Council may choose to hold a public hearing. 1513 VIOLATIONS AND ENFORCEMENT A. All work performed pursuant to a Certificate of Appropriateness under this Article shall conform to requirements thereof. Compliance shall be confirmed by inspections ections made by the Chief Building Official and the Commission Chairman or his/her designee. Certain requirements of the Certificate, such as signs, lighting, landscaping and site development shall be reviewed for compliance. B. Any action regarding a violation of any provision of this Article shall be brought to the Town Attorney. Any person, firm, corporation of other entity found to be in violation of any provision of this Article shall be charged, at a maximum, with a class 1 misdemeanor. Each day in g , violation shall constitute a separate offense. ll i'r'?,-.-/n4_70 4 rinniacl 1 n-n4-nM 18 C. Any person who causes unauthorized demolition, alteration, construction, or permits degradation or disrepair of a Designated Property as defined in this Article, or property, proposed to be included in a Historic District, may be required to restore the property and site to its condition prior to the violation. The civil remedy shall he in addition to, and not in lieu of, any criminal prosecution and penalty. Until completion of restoration, no permits for anything other than restoration shall he issued for the property by the Town. 1514 SEVERABILITY This Article and its sections are hereby declared to be severable. If any section, subsection, clause, word or phrase of this Article is held to he void, unlawful or unconstitutional, such holdings shall not affect the validity of the remainder of this Article or of the Oro Valley Zoning Code Revised. • OI'Ord 06-20 Adopted 10-04-06 19 ORDINANCE NO. (0) 06- 20 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING CHAPTER 6 OF THE TOWN OF ORO VALLEY TOWN CODE BY ADDING ARTICLE 6-10, ENTITLED "HISTORIC PRESERVATION CODE" WHEREAS, on September 27, 1989, the Town Council adopted a certain document entitled "The Code of the Town of Oro Valley, Arizona"; and WHEREAS, Council has determined that it is necessary to amend Chapter 6 by adding an article for the protection, enhancement, and perpetuation of properties, areas, documents and artifacts of historic, cultural, archaeological and aesthetic significance. WHEREAS, the Council has determined that amending Chapter 6, is necessary for the economic, cultural, educational and general welfare of the public, and is found to be in the best interest of the Town. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley Arizona, as follows: SECTION 1. That certain document entitled, "Article 6-10, Historic Preservation Code" three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, said document having been made a public record by Resolution No. (R) 06-73 of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 4thday of October , 2006 TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: b - • l s f KathrYri E. Cuvelier, Town Clerk Melinda Ga ;aha , Town Attorney Date: /C' -- ', _o& Date: /0 ., � PUBLI SH: DAILY TERRITORIAL OCTOBER 19, 20, 23, 24, 2006 POSTED: OCTOBER 24 - NOVEMBER 23, 2006 RG F Boards&Comrnissions`.OTHEP.':►iistoric Prrccrtation Commisioa',OrdinancC-Historic Prescrvation doc Arizona Administrative Register _ Governor's Executive Orders/Proclamations EXECUTIVE ORDERS, PROCLAMATIONS OF GENERAL APPLICABILITY, AND STATEMENTS ISSUED BY THE GOVERNOR PURSUANT TO A § 41-1013(B)(3) The Administrative Procedure Act(APA)requires the full-text publication of all Executive Orders and Proclamations of Gen- eral Applicability issued by the Governor: In addition,the Register shall include each statement filed by the Governor in grant- ing a commutation,pardon or reprieve,or stay or suspension of execution where a sentence of death is imposed. EXECUTIVE ORDER 99-4 requirements of Title 41,chapter 9,article 4,Arizona Amending 75-5 Revised Statutes. Executive Order No.75-5 prohibits all government PROHIBITION OF DISCRIMLNATION IN STATE contractors and subcontractors for discriminating CONTRACTS NONDISCRIMINATION IN against any employee or applicant for employment because of race,age,color,religion,sex or national EMPLOYMENT BY GOVERNMENT origin.Executive Order No.75-5 further requires all CONTRACTORS AND SUBCONTRACTORS government contractors and subcontractors to take affirmative action to insure that applicants are I,Jane Dee Hull,under and by virtue of the authority vested employed and employees are treated during in me as Governor of the State of Arizona by the employment without regard to their race,age,color, Constitution and Statutes of the State of Arizona do order religion,sex or national origin. and direct: Arizona's Civil Rights Act,Title 41,chapter 9,article PART 1 - Non-discrimination in employment by 4,does not apply.to religious organizations with government contractors and subcontractors. respect to the employment of individuals of a particular All government contracting agencies shall include religion to perform work connected with the activities in every government contract hereinafter entered into the of the employer.It also provides that religious following provisions: organizations may provide employment preferences burin theperformance of this contras the based upon religion when dealing with a bona fide g t' occupational qualification reasonable necessary to the contractor agrees as follows: operation of the religious organization.This is A. The Contractor will not discriminate against consistent with the provisions of the Civil Rights Act any employee or applicant for employment of 1964(42 U.S.C.2000e,et seq.).In addition,in the because of race,age;color,religion,sex or Personal Responsibility and Work Opportunity national origin.The contractor will take Reconciliation Act,P.L. 104-193,Congress provided affirmative action to insure that applicants are that religious organizations are eligible for the receipt employed and that employees are treated during of federal funds on the same basis as other private employment without regard to their race,age, organizations. color,religion,sex or national origin.Such action B. The contractor will in all solicitations or shall include but not be limited to the following: advertisement for employees placed by or on behalf of employment,upgrading,demotion or transfer, P recruitment or recruitment advertising,lay-off or the contractor state that all qualified applicants will termination,rates of pay or other forms of receive consideration for employment without regard of race,age,color,religion,sex or national origin. compensation,and selection for training,including apprenticeship.The contractor agrees to post in C. The contractor will send to each labor union or conspicuous places available to employees and representative of workers with which he has a applicants for employment notices to be provided collective bargaining agreement or other contract or by the contracting officer setting forth the understanding a notice to be provided by the agency provisions of this non-discrimination clause. contracting officer advising the labor union or A continued Executive Order No.75-5 is herebyworkers'representative of the contractor's commitments under the Executive Order and shall post amended to permit government contractors and copies of the notice in conspicuous places available to subcontractors that are religious organizations to employees and applicants for employment. _ provide employment preferences based upon religion when dealing with a bona fide occupational D. The contractor will furnish all information and qualification reasonably necessary to the operation of reports required by the contracting agency and will the religious organization,in accordance with the permit access to his books,records,and accounts by Volume 5,Issue#13 Page 886 March 26,1999 Arizona Administrative Re?ister Governor's Executive orders/'roclamations CI . the contracting agency and the Civil Rights Division Rights Division mayprescribe; ° for purposes of investigation to ascertain compliance extent . ,provided that,to the p such information is within the exCluSiy� with such rules,regulations and orders. possession of a labor union or an a enc 4 workers or providing or supervising g y referring E. In the event of the contractors noncompliance P b apprenticeship or with the non-discrimination clauses of the contract or training and such labor union or agency shall refuse to with any such rules,regulations or orders of the furnish such information to the contractor,the Arizona Civil Rights Division said noncompliance will contractor shall so certify the contracting agency as • be considered a material breach of the contract and this part of its compliance report and shall set forth what contract may be cancelled,terminated or suspended in efforts he has made to obtain such information. whole or in part,and the contractor may be declared J. The contracting agency or the Civil l Rights ineligible for future government contracts until said Division shall require that the bidder orros p pector contractor has been found to be in compliance with the contractor or subcontractor shall submit aspart provisions of this order and the rules and regulations of compliance report a statementwriting • of his P ep in wntuig signed by an the Arizona Civil Rights Division, and such sanctions authorized officer or agent on behalf of any labor union may be imposed and remedies invoked as provided in or any agency referring workers orprovidingo Part II of this order,and the rules and regulations of the supervising apprenticeship ' i r • p b pp ship or other training with which Arizona Civil Rights Division. the bidder or prospective contractor deals with F. The contractor will include the provisions of supporting information to the effect that the signer's paragraphs A through E in every subcontractor practices and policies do not discriminate on the purchase order so that such provisions will be binding Founds of race,color,religion, sex or national origin, upon each subcontractor or vendor.The contractor will and that the signer either will affirmatively cooperate take such action with respect in the subcontract or the implementation of the policy andprovisionsof purchase order as the contracting agency may direct as this order or that it consents and agrees that recruitment a means of enforcing such provisions,including employment and the terms and conditions of sanctions for noncompliance;provided,however,that employment under the proposed contract shall be in in the event the contractor becomes involved in or is accordance with the purpose and provisions of this threatened with litigation with a subcontractor or order.In the event that the union or the agency shall vender as a result of such direction by the contracting refuse to execute such a statement,the compliance agency,the contractor may request the State of Arizona shall so certify and set forth what efforts have been to enter into such litigation to protect the interest of the made to secure such a statement and such additional State of Arizona. factual material as the contracting agency or the Civil Rights Division may require. Each contractor having a contract containing the • • provisions prescribes in the section shall file and shall PART H- n#'orcement cause each of his subcontractors to file compliance A. Each contracting agency shall be primarily _ reports with the contracting agency or the Civil Rights responsible for obtaining compliance with this Executive Division,as may be directed.Compliance reports shall Order with respect to contracts entered into by such agency be filed within such times and shall contain such or its contractors. All contracting agencies shall comply Py information as thedischarging practices,policies,programs and with the rules of the Civil Rights Division in employment policies,programs and employment their primary responsibility for securing compliance with statistics of the contractor and each subcontract and the provisions of contracts and otherwise with the terms of shall be in form as the Arizona Civil Rights Division this order and the rules and regulations and orders of the may prescribe. Civil Rights Division issued pursuant to this order. They H. Bidders or prospective contractors or are directed to cooperate with the Civil Rights Division and subcontractors shall be required to state whether they to furnish the Division such information and assistance as it have participated in any previous contract subject to may require in the performance and assistance as it may the provisions of this order or any preceding similar require the performance of the Division's functions Executive Order and in the event to submit on behalf of under this order. They are further directed to appoint or themselves and the proposed subcontractors designate from among the agency personnel compliance compliance reports prior to,or as an initial part of officers. It shall be the duty of such officers to first seek negotiation of a contract. compliance with the objective of this order by conference, conciliation,mediation or persuasion. L Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or B. The Civil Rights Division may investigate the understanding with a labor union or an agency employment practices of any government contractor or _ referring workers or providing or supervising g subcontractor of initiate such investigation by the apprenticeship or training for such workers,the appropriate contracting agency or determine whether or not compliance report shall include such information from the contractual provisions specified in this order have been violated. Such investigations shall be conducted in such labor unions or agency practices and policies affecting compliance as the contracting agency or Civil accordance with the procedures establishment by the Civil March 26, 1999 Page 887 Volume 5,Issue#13 Arizona Administrative Register Governor's Executive Orders/Proclamations Rights Division and the investigating agencies shall report part, terminated, or suspended absolutely, or continuation to the Civil Rights Division any action taken or of contracts may be conditioned upon a program for future recommended. The Civil Rights Division may receive and compliance approved by the contracting agency or the Civil investigate or cause to be investigated complaints by Rights Division;provided that any contracting agency shall employees or prospective employees of a goverment refrain from entering into further contracts, extensions or contractor or subcontractor which allege discrimination other modifications of existing contracts with any contrary to the contractual provisions specified in Part I of noncomplying contractor until such contractor has this order. If the investigation is conducted for the Civil established and will carry out personnel and employment Rights Division by a contracting agency that agency shall policies in compliance with the provisions of this order. report tothe Civil Rights Division what action has,been 2. Under rules and regulations prescribed by taken or its recommended with regard to such complaint. the Civil Rights Division, each contracting agency shall C. The Civil Rights Division shall use its best efforts make reasonable efforts within a reasonable time limitation directly and through contracting agencies, other interested to secure compliance with the contract provisions of this state and local agencies, contractors and all other available order by methods of conference, conciliation, mediation instrumentalities to cause any labor union engaged in work and persuasion before proceedings shall be instituted under under government contracts or any agency referring this order or before a contract shall be cancelled or workers or providing or supervising apprenticeship or terminated in whole or in part under this order for failure of training for or in the course of such work or cooperate in the a contractor or subcontractor to comply with the contract implementation of the purposes of this order. provisions of this order. D. The Civil Rights Division or any agency, officer G. This Executive Order shall become effective or employee in the executive branch of the government within(60)days of its issuance. designated by rule, regulation or order of the Civil Rights Division may hold such hearings, public or private as the IN WITNESS WHEREOF, I Division may deem advisable for compliance, enforcement have hereunto set my hand and of educational purposes. The Civil Rights Division may caused to be affixed the Great Seal hold or cause to be held hearings in accordance with rules of the State of Arizona. and regulations issued by the Civil Rights Division prior to imposing, ordering or recommending the imposition of Jane Dee Hull penalties and sanctions under this order. Governor E. No order for debarment of any contractor form DONE at the Capitol in Phoenix further government contracts under this order shall be made on this Twenty-Ninth day of without affording the contractor an opportunity for a January in the Year of Our Lord hearing. One Thousand Nine Hundred and F. Sanctions and Penalties. In accordance with such Ninety Eight and of the rules,regulations or orders as the Civil Rights Division may Independence of the United States issue or adopt,the Civil Rights Division or the appropriate of America the Two Hundred and contracting agency may publish or cause to be published Twenty Second. the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions ATTEST: of this order and with the rules, regulations and orders of Betsey Bayless the Civil Rights Division. Secretary of State 1. Contracts may be cancelled in whole or in Volume 5,Issue#13 Page 888 March 26, 1999 Historic District Designation Process 01.08.2009 STEP 1 Pre-application Consultation • Applicant meets with P&Z Director to discuss process and application requirements STEP 2 Application • Application may be filed by property owner or owner's agent, or initiated by HPC, P&Z Commission, or Town Council • Application must meet all requirements for a rezoning as described in OVZCR Section 22.3 and include a written description of the proposed district including construction dates, special features and other information indicating historic or cultural significance, a statement of condition of all structures and any known threats to the property. STEP 3 Scheduling and Notice of Hearing • Timeline for HPC hearing is not specified; code refers to OVZCR Section 22.3 which states P&Z hearing shall be held within 50 days of completed application; presumably HPC hearing would be held within that 50 day period • Again, notice timeframes for the HPC hearing are not specified,but prudence would dictate that the P&Z notice timeframes should be followed, i.e. 15 days prior to all hearings(HPC, P&Z, Town Council) notice should be published, posted on property and mailed to all property owners within 600 ft. STEP 4 Hearings • HPC holds a public hearing on the district designation taking the following criteria into account: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type,period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre- history or history of the community. 5. Being at least fifty(50)years old, or having achieved significance within the past fifty(50) years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting,materials, workmanship, feeling or association. • HPC forwards a recommendation to P&Z Commission that includes: 1. A map showing the proposed boundaries of the Historic District and identifying all structures within the boundaries, including classification as contributing or noncontributing. 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries. 3. A set of findings documenting the recommendation of the Historic Preservation Commission. 4. Proposed design guidelines for applying the criteria for review of Certificate of Appropriateness to the nominated Historic District. 5. The recommendations of the Historic Preservation Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the District. • P&Z holds a public hearing to consider the HPC recommendation and other factors that related to rezoning. Both recommendations are then forwarded to Council. • Town Council holds a public hearing to consider the HPC and P&Z recommendations and determines whether to establish the Historic District and accompanying design guidelines. Historic Landmark Designation Process 01.08.2009 STEP 1 Pre-application Consultation • Applicant meets with P&Z Director to discuss process and application requirements STEP 2 Application • Application may be filed by property owner or owner's agent • Application must include proper form, description and location of property,map of property owners within 300 ft, statement of condition of property and filing fee STEP 3 Scheduling and Notice of Hearing • Upon receipt of completed application, HPC hearing scheduled within 30 days. • Notice of hearing given no less than 15 days prior by publication, posting of property and mailing to all property owners within 300 ft of exterior boundary of subject property. STEP 4 HPC Hearing • Public hearing on application is held and HPC renders decision based on the following criteria: 1. Association with events that have made significant contributions to the broad patterns of our history. 2. Association with the lives of persons significant in our past. 3. Embodiment of distinctive characteristics of a type,period or method of construction, or representing the work of a master, or high artistic values or representing a significant and distinguishable entity whose components may lack individual distinctions. 4. Yielding information important in the understanding of the pre- history or history of our community. 5. Being at least fifty(50)years old, or having achieved significance within the past 50 years if the property is of exceptional importance. 6. Possessing integrity of location, design, setting,materials, workmanship, feeling or association. • HPC landmark designation decisions are final unless appealed to Council. STEP 5 Appeal • Appeals to Council of HPC decisions must be filed with the Town Clerk within 10 days of the decision. DRAFT SCOPE OF WORK REQUEST FOR QUALIFICATIONS Town of Oro Valley Cultural Resources Inventory 1.08.2009 NOTE: SECTIONS OF TEXT ARE ITALICIZED AND NEED FURTHER DISCUSSION. General Request for Qualifications Information Notice and contact information Due date Note: Require limited number of pages (20?), may be double sided I. INTRODUCTION Brief description of Oro Valley and the project Purpose, reasons/benefits for preparing the inventory Study Area The study area is generally defined by the Planning Area in the Town of Oro Valley General Plan Update 2005 (include a map). The first phase of work, Archival Research, will be conducted for the entire planning area. The second and third phases, Survey and Documentation and Recommendations, will be determined following the completion of research in the first phase. II. BACKGROUND Previous studies and projects Work/documentation completed (ie Arroyo Grande, Honey Bee, Steam Pump, etc) III. SCOPE OF WORK . The scope of this project requires a designated Project Manager from the Consultant with expertise that meets the professional qualifications for historian or architectural historian as specified by the Secretary of the Interior in accordance with 36CFR66. The Consultant team must offer familiarity with the Oro Valley area and expertise in archival research, field identification, documentation of historic resources, and public facilitation. The Scope of Work includes the following: a. Historic Context of Oro Valley(prepared by the consultant or HPC?) The consultant will be provided a narrative prepared by the Historic Preservation Commission (or by the Town) to be included in the Cultural Resources Inventory. The narrative will place the origins and development of Oro Valley in its historic context. It will be organized in a chronological fashion that includes social, political, ethnic and economic factors that influenced the physical development of the city. The overall role of the town's setting along the Canada del Oro and adjacent to Tucson will also be included in this narrative. Draft Scope of Work Oro Valley Cultural Resources Inventory January 9,2009 Page 1 of 3 Additional historic contexts should include prehistoric water utilization and technology, homesteading in Arizona, the role of Native Americans, pioneer ranching families, and growth of the Tucson Metropolitan Area, 1947-73. b. Archival Research This task will provide an initial overview of cultural and historic resources within the Town Planning Area. The Consultant will perform a records review of existing materials relevant to these resources. The review may include the following sources as well as others determined by the Consultant: - AZSITE data base - Review of Pima County and Town of Oro Valley records for construction dates of built structures - State Historic Preservation Office - Arizona Historical Society Library - Arizona State Museum Library - University of Arizona College of Architecture and Landscape Architecture Library - Mapping (USGS, GLO, Sanborn) - Other local repositories such as the Oro Valley Historical Society Deliverables - Written compilation of all structures and historic areas built before 1970 - Map denoting location of all structures - Map of recorded archaeological sites and current sensitive archaeological areas c. Initial Survey of Cultural Resources The Consultant will conduct a windshield survey and document with photographs the prehistoric and historic resources (should this be limited to historic?) identified in the research. This survey will note the general distribution of buildings, structures, and neighborhoods representing different architectural styles, periods, and modes of construction, and also provide the basis for decisions on which resources to further document. Deliverables - Compilation of photographs of resources with general area descriptions as defined above d. Detailed Survey and Documentation of Historic Resources The Consultant will provide evaluations of properties and structures to determine whether identified properties meet defined criteria of historical, architectural, archeological, or cultural significance. The HPC will work with the Consultant to review and determine which of these resources will be further documented. Most of those recorded will have construction dates prior to 1960. (Needs further discussion - the general scope of work and time required, and the resulting costs, Draft Scope of Work Oro Valley Cultural Resources Inventory January 9,2009 Page 2 of 3 cannot be determined until we have some idea of how many properties/structures may be included). The Consultant will provide further documentation of significant historic properties and structures, including recording on Arizona inventory forms. Documentation may include, at a minimum, physical characteristics of each property or structure to include the following: - Aerial map with basic property dimensions - Site plan of existing surface features and structures interpreted from aerial images - Exterior dimensions of structures - Photographic record of each property and/or structure (How does this relate to work required on the AZ inventory forms?) Preservation Plan The survey data will be used to create a Preservation Plan to identify significant historic resources recommended for preservation. The plan will include policies, procedures, and strategies for maintaining and enhancing them. Deliverables - Compilation of properties and structures with information and inventory sheets as noted above - Preservation Plan e. Public Meetings Public outreach will include meetings with the Historic Preservation Commission, Town of Oro Valley staff, and additional meetings with the general public as follows: - Four monthly meetings with the HPC - Progress meetings with Oro Valley staff as needed - Open house presentation with the general public to review initial inventory results and solicit feedback - Open house presentation with the general public to review the final results and inventory IV. GENERAL PROVISIONS Any additional provisions for the project Project Schedule Information and services provided by the Town V. EVALUATION CRITERIA Qualifications of the Firm Qualifications of the Team Firm/Team Experience on Similar Projects Project Understanding and Approach Available Resources to Complete the Project Draft Scope of Work Oro Valley Cultural Resources Inventory January 9,2009 Page 3 of 3 � � W -1 _ . _ 0 -c w Cn 0 0 < 0 0 0 —I X CU (I) s o o �' o o =- 'ri=;: .-.......1 -0a) 47, n .� CD _. � CD 3 r- 3 3 0 3 3 ZJ 9° CD -p Ei Fn cn ET)* cn . X 70 = c (7)' a' -• m CD 5 3 0 0 0 o o Cn o -4-. -0 n D D = rn r R. C-D CD CD CD D. 7:1 -1 X s) Cr) o 0 z = --I 0 Z 0 _ . . E u) • > < ax °-1 co C ® Cl) tU. pi. O fl) CD 11) a) z —. A ii3 =. cD CD _. S = (1-1- 0 cr CD CD c I = C 0 0 * a) < w -I tu �. a) Z- E. -Fa' "0 to M m — -, A A) CD a 3 ri; N CD 0 ) " U) v t8 w —I H co )> H 0CD O 0 -- u) O 0 * * i-13 = W. * c 5' = = 0 m rn m --1o 0 y o 5 Q, = 0 — r-f- -1 ca D cc-4 6 r--I- sa.) r- C7 77 3 a) H ii5 O M —. CD CD co 1< cD 0 U) N n --1m -o CD = o 5. DJ i5,3 co CD FT) c0 o --Ia_ X r-t- 0) <' CL 0 0 0 a 3 @ u) ETD.- C to 0 �- .-+ < a, < Cb -, v • CD 0 -".3 0 3 C-' • : • D CDS CD -' 0 O • Cn 0 • 0O0 a 0 < 0 O . 0 . a < -, ci) — C) < — . 0 CD CD CD Nil) ......... ci) cli CO N • •N • a) N o •• O N • < 0 • N < • 0 < < • O < 0 < < 01 01 01 01 01 01 01 N) N) N) N N) N N) O O O O O O CD NV iV tV iV iV N) N) N) N) IV N) N) N) N) (OCO CO4, CO (O4, CO4. CO fr'lli Co.i . 4.--.1 .-.1 co --.1 '.- 1 -../-1 - O) O ---1. IV O cs1 O O --J O 01 O Cha•man, Diane From: Bob Baughman [ Sent: Friday, January 09, 2009 10:42 AM To: Subject: Re: 1-12-09 Meeting On Jan 8, 2009, at 10:09 PM, vpullara@comcast.net wrote: > Dear Bob, > I hope you had a nice holiday and a happy new year. I am still in > Minneapolis for job training and would like to make the request that I > be excused from the 1-12-09 meeting. I will be returning back home at > the end of January and will be ready to get back to my routine and > will be at the February meeting. > I also want to let you know that I will also miss 1-9-09 the Santa > Cruz Valley Heritage Alliance meeting. I have notified Vanessa of the > SCHVA and she will send me information from the Board meeting so I can > pass it on to the Commission. Once I receive this information I will > put it into a memo and send it to you for distribution. > Finally, I am ashamed to say that with this intensive new job training > that has consumed every waking moment, I have not had a chance to work > on drafting the community outreach plan for the Commission to review. > Please send my apologies to the Commission members. I plan on working > on this once I return home from Minneapolis. I don't think I will > have anything ready for the February meeting but hope to have > something to share for the March meeting. > Thank you. > Valerie Pullara Valerie Don't worry about your schedule. We have plenty to do for the present. I think you're very fortunate to have moved into a new position so quickly and that should be your immediate focus. The Commission has lived for a good while without much in the way of community outreach. We can survive a little longer. I look forward to seeing you in February. Thank you for being so conscientious. Bob Bob Baughman Oro Valley, Arizona 85737 1 SPEAKER CARD PLEASE PRINT DATE: C PINS )2- NAME: [2), Po ADDRESS: 0720 PHONE: ,,,71-q 7g7: TOWN RESIDENT? YES NO AGENDA ITEM NO. Wu Cf OPPOSED/SUPPORT/UNDECIDED TOPIC FOR DISCUSSION (Please Specify) leig-/Ve/ THANK YOU YOU