HomeMy WebLinkAboutPackets - Council Packets (1761)
AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR AND STUDY SESSION
JANUARY 4, 2023
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
The Town has modified its public comment procedures in the newly renovated town council chambers. For more
details, please see the instructions for in person and/or virtual speakers at the end of the agenda.
To watch and/or listen to the public meeting online, please visit
https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas
Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive
Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the
Agenda.
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS
Spotlight on Youth
TOWN MANAGER'S REPORT ON CURRENT EVENTS
ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING
INFORMATIONAL ITEMS
CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council
on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council
Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to
criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters
raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to
discuss when completing the blue speaker card.
PRESENTATIONS
1.Presentation and possible discussion regarding the Senior Program Task Force Report
CONSENT AGENDA
(Consideration and/or possible action)
A.Minutes - November 10, December 7 and December 14, 2022
B.Appointments to the Historic Preservation Commission (HPC) and the Planning and Zoning Commission
(PZC)
REGULAR AGENDA
1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A
SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR CHINA VALLEY RESTAURANT, LOCATED
AT 10110 N. ORACLE ROAD, #180
2.DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED AMENDMENTS TO TOWN CODE
CHAPTER 8 REGARDING SHORT TERM AND VACATION RENTAL LICENSING REQUIREMENTS
A. RESOLUTION NO. (R)23-02, DECLARING THE PROPOSED TOWN CODE
AMENDMENTS TO CHAPTER 8 REGARDING SHORT TERM AND VACATION
RENTAL LICENSING REQUIREMENTS IN ATTACHMENT 1 AND FILED WITH THE
TOWN CLERK, A PUBLIC RECORD
B. PUBLIC HEARING: ORDINANCE NO. (O)23-01, AMENDING TOWN CODE
CHAPTER 8 BY ADDING SHORT TERM AND VACATION RENTAL LICENSING
REQUIREMENTS
3.UPDATE AND PROGRESS REPORT REGARDING THE PARKS & RECREATION PROJECTS FUNDED
BY THE COUNCIL APPROVED BOND
4.RESOLUTION NO. (R)23-01, PRESENTATION, DISCUSSION AND POSSIBLE ACTION TO ADOPT
REVISED FINANCIAL AND BUDGETARY POLICIES
5.DISCUSSION AND POSSIBLE DIRECTION REGARDING MONTHLY FINANCIAL REPORTS
FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may
not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)
ADJOURNMENT OF THE REGULAR SESSION
STUDY SESSION
CALL TO ORDER
STUDY SESSION AGENDA
1.PRESENTATION AND DISCUSSION REGARDING PROPOSED AMENDMENTS TO THE
PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT
ADJOURNMENT
The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.
POSTED: 12/28/22 at 5:00 p.m. by dt
POSTED: 12/28/22 at 5:00 p.m. by dt
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior
to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs
any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at
229-4700.
PUBLIC COMMENT ON AGENDA ITEMS
The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual
comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings,
provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue
speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written
comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the
Town Council prior to the meeting. Further instructions to speakers are noted below.
INSTRUCTIONS TO IN-PERSON SPEAKERS
Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when
attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the
discretion of the Mayor.
If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located
on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue 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.
Please step forward to the podium when the Mayor calls on you to address the Council.
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 Council. You will only be allowed to
address the Council one time regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During Call to Audience, you may address the Council on any matter that is not on the agenda.
5. Any member of the public speaking must speak in a courteous and respectful manner to those
present.
INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS
Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is
listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please
complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours
prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email
you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your
microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote
participation will be included in the email.
Thank you for your cooperation.
Town Council Regular Session 1.
Meeting Date:01/04/2023
Senior Program Task Force Report
Subject
Presentation and possible discussion regarding the Senior Program Task Force Report
Summary
EXECUTIVE SUMMARY
Upon the review of survey data and resident comments, the Oro Valley Senior Programming Task Force has
identified three areas of activities and programs that the Parks and Recreation Department should concentrate its
efforts to provide more options for its residents who are ages 50+. These areas are: (1) promote existing activities
and programs while increasing fitness offerings; (2) offer educational opportunities and hands-on classes; and (3)
develop social groups and trips.
BACKGROUND
In its Strategic Leadership Plan for FY 20/21 and FY 21/22, Town Council defined Focus Area 2 as Culture and
Recreation. Goal B of this Focus Area contained the objective:
“Form a temporary task force to review current senior recreation programming and identify opportunities that will
broaden and improve such program access.”
Applications were solicited with the assistance of the Communications Department, and the first review of the
applications occurred on February 28, 2022. Eleven residents were chosen to serve on the Task Force; an
additional two staff members were active participants, and four Parks staff members assisted with facilitation and
administrative tasks. It is important to note that by the beginning of November 2022, only six members of the original
Task Force (including the two staff members) were participating in the group. The other initial Task Force members
chose to resign for various reasons, including relocation and other commitments.
The first meeting of the Task Force was held on May 9, 2022, via Zoom; subsequent meetings were held in person.
An additional eight (8) meetings were held from May through November 2022. Task Force members defined their
main deliverable: a report that would help define the needs of senior residents for parks and recreation
programming. Even though the Town and the Department currently offer a variety of options for seniors, the
common perception is that there is a distinct lack of such programming, considering the number of seniors living in
Oro Valley. The Task Force was also instructed that no new infrastructure was to be considered; only Town-owned
facilities, outside low-cost facilities, and possible partnerships (facility sharing) with other entities would be possible
at this time.
The Task Force began by investigating the programs available through other entities (such as LA Fitness, the
YMCA, the Town of Marana, senior living communities, etc.) to compare them to Town programs and identify
potential programming gaps that could possibly be added as Oro Valley programs.
To identify the needs of Oro Valley residents more fully, a survey was developed in cooperation with the
Communications Department. The survey asked questions about the level of interest and participation for a variety
of activities, as well as how much cost and transportation factor into participation. The survey also asked about
demographic information. The availability of the survey was publicized through the Communications Department’s
and Parks and Recreation Department’s media, print, and email outlets.
The survey was available online, as well as in hard copy form (please see Appendix I for a copy of the survey
instrument). It was available at the Community Center, the Oro Valley Aquatics Center, and the Oro Valley Public
Library in hard copy format; these copies could be returned to one of these facilities or be mailed to the Parks and
Recreation Department. In addition to these distribution avenues, Task Force members also had tables on several
occasions in front of the Oro Valley Library, and the Farmer’s Market @ Steam Pump Ranch, both hard copies as
well as a postcard with a link to the online survey were available; Task Force members also answered questions
about the project. An open house for the public was held on September 29, 2022, at the Community Center to
allow an additional opportunity for public participation.
The survey closed on September 30, 2022. 903 surveys were received; an analysis completed by staff concluded
that this survey response was a statistically valid reflection of the Oro Valley population over the age of 50 years
(approximately 24,752 persons). For this detailed analysis of survey data, including activity, cost, and transportation
questions, please see Appendix II. A list of all responses to the open-ended question “Are there any other activities
or ideas related to senior programming that you’d like to share with us” is also included; it offers both new ideas as
well as commentary on past and present Town programs and facilities. (Please note that this analysis was
completed prior to the last surveys arriving by U.S. Mail, so it only includes 893 surveys and not 903 surveys).
SURVEY ANALYSIS
The Task Force spent a significant amount of time analyzing the survey (quantitative) results, as well as the
answers (qualitative) from the open-ended question, to develop a priority list for future programming.
The Task Force reviewed the survey results relative to the respondents’ interests in several categories. These
categories were then sorted by the level of interest expressed; the “Very Interested” responses were combined with
“Somewhat Interested” to provide a measure of each activity. These were sorted as follows:
OVERALL LEVEL OF INTEREST in ACTIVITES BY PERCENTAGE
Somewhat and Very Interested Responses Combined
Rank Activity Combined %
1 Lectures and Educational Opportunities 68.24
2 Hands-On Classes 58.16
3 Social Groups 55.37
4 Social Outings 54.09
5 Fitness Classes and Activities 48.03
6 Volunteering 47.17
7 Sports Leagues 43.97
8 Dance 42.41
9 Other 15.5
The 264 written comments from the open-ended question requested new activities or had comments about current
programming and facilities. These comments were grouped by type and appear below.
Sr. Programing Survey - Written
Comments
Description of Activities/Interests Currently Not
Offered Tallies
ADA Accessibility/Elevator;
Parking/Shuttle Shuttle Assistance, etc.9
Caregiver Programs/Community
Service Events
Respite Days for Caregivers, i.e., lunches,
Donation Collections for Charity, Soup Kitchen
Trips, Sewing for Charities
7
Clubs & Social Events
Book Clubs, Cars/Coffee, Citrus Exchange,
Dancing Club, Game Night, Music Club,
Potlucks
11
Communication to the Community Community Bulletin Board, etc. Didn’t know
about 26
Cooking Classes 8
Dance Lessons Ballet, Ballroom, Caribbean, Salsa, Tap, Tango 13
Dog Friendly Activities and Socials 3
Fitness (Seniors)Balance Classes, Chair Yoga, Senior
Playground, Olympics, and Senior Softball 21
Games
Bingo, Bocce Ball, Bridge, Canasta, Chess,
Cornhole, Euchre, Hand & Foot, Mahjong,
Memory, Poker, Samba, Scrabble, Spades
44
Lessons (Music/Theater)
Acting/Improv, Cello, Crafts, Drums, Flower
Arranging, Jewelry Making, Knitting,
Languages, Photography, Pottery, Quilting,
Sewing
27
Life-Long Learning Classes
(Lectures)
Computer & Cell Phone Classes, Dieting,
Environmental, Gardening, Genealogy, Grief
Counseling, Health/Dr., Historical, Medicare,
Mental Health
37
Movies (Seniors) & Karaoke 6
Overlook Restaurant Dances, Special Dinners, Happy Hours,
Tailgates 5
Silver Sneakers 12
Studio Space Painting, Crafting, Jamming Session Space 3
Trips & Tours
Birdwatching, Casino, Dining, Historical,
Museums, Vistoso Preserve, Rock Climbing,
Theater, White Stallion Ranch, Wine, Various
States
26
Volunteer Bike Patrol/Safety, Hiking Guides 4
Zoom Options Can’t attend In-Person 2
The Task Force reviewed the broad category preferences and the comments to group them into categories for
further action by the Parks and Recreation Department. These categories were grouped into an ordered list of
priorities as detailed below.
(1) promote existing activities and programs while increasing fitness offerings;
(2) offer educational opportunities and hands-on classes; and
(3) develop social groups and trips.
OTHER SURVEY NOTES
As noted by the consultants in the recent Parks and Recreation Master Plan, Oro Valley has a unique group of
senior residents. This trend was evident in the response to the cost question, in which most respondents (63%)
indicated that the cost of a program/activity was not a factor if the resident was interested in the activity. In the
general population, the cost of an activity may be a significant barrier to participation if a senior is on a fixed income
or has limited financial resources.
Another common barrier to participation in activities for seniors may be transportation. Again, the survey showed
that for respondents, most did not require transportation to activities (88%). In the open-ended comment section and
in-person conversations though, some people did mention that they would be more comfortable not driving at night
to activities.
PRIORITY LIST DISCUSSION
A discussion of the Task Force’s priority list includes the following elements:
promote existing activities and programs while increasing fitness offerings1.
The Task Force received numerous comments, both as part of the survey as well as in person, about the lack
of information on currently offered Parks and Recreation programs. Many respondents were unaware of the
types of facilities that exist, as well as the current programs offered by these facilities. For example, residents
were unaware that card games are already offered several times a week through an organized group at the
Overlook Restaurant at the Community Center.
A.
Issue: Lack of information on existing programs, including reduced membership fees at the Community Center.
Solution: Work with Communications Department and Oro Valley staff to develop a robust targeted marketing
program. This may include articles in the Explorer, social media posts, a more detailed section on senior programs
and events in the Parks weekly eblast, as well as written class descriptions for classes that can help determine
whether a particular activity is appropriate for the reader, such as low impact exercises. Another way of
disseminating information would be to construct a “Senior Activities” page on the Parks web page. In addition to
information on Town programs, such a page could be a resource about other senior services and programs in the
area, providing a “one shop stop” for both current and future residents.
Cost : Relatively low; mostly staff time
A variety of new fitness programs and games were suggested by survey respondents, such as
Balance Classes, Poker and Scrabble, among others. The lack of a Silver Sneakers program was
frequently mentioned, even though somewhat comparable programs exist now, such as Renew
B.
Active.
Issue: Classes specifically designed for seniors do not exist in great numbers. Finding instructors may be difficult.
Solution: Oro Valley staff is already working with the Silver Sneakers representatives to bring the program to the
Town. A Call for Senior specific instructors will occur to increase offerings. Space within the Community Center can
then be reserved and programmed.
Cost : undetermined. The cost of either outside contracted instructors or staff time needs to be factored into the cost
of the program. The cost structure for each program (drop-in fees, session fees) may also run along a cost
spectrum.
offer educational opportunities and hands-on classes2.
Survey respondents wanted additional opportunities for education programs and hands-on classes.Suggestions for
educational classes included: computer and cell phone classes, nutrition, genealogy and grief counseling.Hands-on
classes mentioned included drums, photography, and painting.
Issue: Qualified instructors will need to be found for lectures and arts classes, preferably ones that concentrate on
teaching rather than just promoting their related businesses. Topics should be vetted through seniors themselves to
ensure that attendance will meet minimum thresholds.
Solutions: If qualified instructors cannot be found or a class requires specialized equipment (like a kiln), the
Department will reach out to nearby entities to develop partnership agreements. For example, Pima Community
College may have a kiln for use by students. The Oro Valley Public Library, Western National Parks Association,
and Tohono Chul may hold regular public lectures on topics of interest.
Cost : Undetermined. Depends on instructor fees, or any cost-sharing with a partnership arrangement.
develop social groups and trips3.
The importance of social connections, especially among the senior population, cannot be understated. According to
The American Journal of Geriatric Psychiatry, Volume 29, Issue 8, August 2021, “Social connections are essential
for health and well-being at all ages and may be especially important for promoting health in later life.” Social groups
and tours may combat loneliness, expand connections, and provide educational opportunities.
Clubs and social groups that were mentioned by survey respondents include gathering activities such as Book
Clubs, Game/Trivia Nights, and Coffee Clubs. Social events may include more physical activities such as tango
lessons and sewing for charities.
The Parks and Recreation Department had previously offered Trips and Tours to various southern Arizona
attractions, such as the Tucson Museum of Art and Mount Lemmon/Summerhaven. Participants paid a fee for the
trip, which included lunch, and transportation was provided. These trips were stopped for the Covid-19 lockdowns.
However, even outside of the survey, department staff regularly receive inquiries when these trips will begin again.
Suggestions from the survey included Theater, Ballet, Birdwatching, and Casinos, to name a few; offering
transportation to these programs will alleviate the possible concerns about driving at night.
Issue: No real issues, other than planning these events, and work will begin to bring these back One of the new
Departmental volunteers may be interested in planning and implementing these types of activities.
Solutions: Develop a calendar of activities – possibly one per month, working with staff and the Communications
Department to encourage registration and participation. Measure the interest and the number of participants to
determine the continued feasibility of these social programs.
Cost : Undetermined. Depends on program costs (admission, lunch, supplies).
RECOMMENDATIONS
The Senior Programming Task Force recommends and encourages that the Parks and Recreation Department
work towards the following actions and priorities that have been identified by residents through the survey: (1)
promote existing activities and programs while increasing fitness offerings; (2) offer educational opportunities and
hands-on classes; and (3) develop social groups and trips. Providing regular communication to the Oro Valley senior
population about activities, facilities, and programs will show residents that there are options for them to exercise
and socialize. Concurrently, new programs offered to the 50+ population only should be developed through careful
consideration of the needs expressed through the survey, utilizing existing Town facilities and instructors or by
partnering with other entities. The number of respondents to the survey showed that this population is very
interested in ensuring that their current and future needs are being met. The Town has made significant investments
in both facilities and programs for the younger population; with the results of this survey, the Town can be guided to
make similar investments for seniors.
Attachments
Survey
Survey Analysis
Staff Presentation
Question 1
Generally speaking, what is your level of interest in the following activities?
Select one option per activity: Not
interested
Somewhat
interested
Very
interested
Dance classes
Fitness classes and activities
Hands-on classes (e.g. art, photography, cooking)
Lectures and educational opportunities
Social groups (e.g. coffee club, book club)
Social outings (e.g. trips to the theatre, museums, meet-and-greet
events)
Sports leagues and tournaments
Volunteering
Other:
Question 2
Oro Valley Parks and Recreation offers numerous activities and programs. Please indicate your level
of participation in the following:
Select one option per activity: Seldom/
Never Previously Currently
Archery
Art Classes
Art & Food Festivals
Cards & Board Games
Cycling (road bikes or mountain bikes)
Dance Classes (e.g. ballroom, tango)
Educational Tours & Trips
Farmers Market
Fitness: Aqua Aerobics
Senior Programming & Activities Survey
The Town of Oro Valley is working to broaden and improve access to recreational
programs for seniors. Your answers to the following questions will help us identify the
type of programming that is of greatest interest to residents ages 55+. Thank you for
participating in this survey!
Senior Programming & Activities Survey | Page 1
Select one option per activity: Seldom/
Never Previously Currently
Fitness: Dance & Zumba
Fitness: Personal Training
Fitness: Spin & Cardio
Fitness: Strength Training & HIIT
Fitness: Tai Chi & Quigong
Fitness: Yoga & Pilates
Gardening
Golf
Hiking
Kickball
Lectures (e.g. health, personal finance)
Live Music & Concerts
Martial Arts (e.g. Karate, Tae Kwon Do)
Movies & Movie Night Events
Music Classes
Programs like Renew Active, Silver Sneakers, and Silver & Fit
Pickleball
Races: 5K, 10K, Triathlon
Second Saturdays at Steam Pump Ranch
Special Events (e.g. July 4th, Celebrate OV)
Sports, other (e.g. basketball, softball)
Swimming
Tennis
Walking
Question 2 (continued)
Oro Valley Parks and Recreation offers numerous activities and programs. Please indicate your level
of participation in the following:
Page 2 | Senior Programming & Activities Survey
Question 3
Are there any other activities or ideas you’d like to share with us?
Question 4
How does cost impact your decision to participate in an event or activity? (Select one)
It depends on the activity and my
personal level of interest
I am only interested in free or low-cost
activities
I am only interested in FREE activities Cost is not a factor for me
Question 5
When it comes to attending an event or activity, would transportation be a deciding factor for you?
(Select one)
Yes, I would only be able to attend if transportation were provided
No, I have my own mode of transportation
Sometimes/Maybe: It depends on the day/time
Senior Programming & Activities Survey | Page 3
Question 6
To help us better serve the community, please provide the following demographic information.
AGE
Under 50 50-59 60-69
70-79 80+
GENDER
Male Female Do not wish to answer
RESIDENCY
I live in Oro Valley year-round I live in an assisted living facility within Oro Valley
I live in Oro Valley part-time (e.g.
snowbird)I do not live within Oro Valley town limits
If you live in Oro Valley either full-time or part-time, for how long?
Less than a year 1 to 5 years 6 to 10 years
11 to 15 years 16 to 20 years 21+ years
Does not apply; I do not live in OV
Thank you for taking the time to fill out this survey—we greatly appreciate it! If you would like to be
notified of upcoming events, classes and programs, please provide your email address, and we’ll add
you to the Oro Valley Parks & Recreation email list.
E-MAIL ADDRESS
Surveys must be returned to Nancy Ellis by September 30, 2022. You may send them via email to
nellis@orovalleyaz.gov, or by mail to the following address:
Nancy Ellis
Oro Valley Parks and Recreation
10555 N. La Canada Drive
Oro Valley, AZ 85737
Page 4 | Senior Programming & Activities Survey
1
Analysis of Senior Programming Survey
Summary
The Town of Oro Valley is working to broaden and improve access to recreational programs for seniors.
An online survey asked for public input on the type of programming that is of greatest interest to Oro
Valley residents ages 55 and older.
The survey, spearheaded by the Oro Valley Senior Programming Task Force, asked questions about
the level of interest and participation for a variety of activities, as well as how much cost and
transportation factor into participation. The survey also asked about demogra phic information. The
survey results will be used by the Parks and Recreation Department as they work to develop more
robust senior programming.
Key survey findings include:
- The survey represents a statically valid reflection of the over 50 years of age population of Oro
Valley.
- Current or past members of a Town facility favor activities and programs that are more physical
or fitness-related compared to overall sample.
- While a significant number of respondents indicated that they were cost conscious participants
in recreational activities, the preferences of cost-conscious participants generally reflected the
overall samples activity/program preferences.
- Transportation is largely not a deciding factor in whether to participate in an activity or
program. Only 12 percent of respondents indicated transportation was a contributing factor or
the deciding factor in whether to participate.
Review of Data
893 surveys were submitted over the course of September 2022. After eliminating surveys that were
submitted by respondents that were under the age of 50 and those who had never lived in Oro Valley
either year-round or part-time, 802 surveys were analyzed.
There are an estimated 24,752 residents in Oro Valley over the age of 50 years. Given the survey’s
sample size, we can be 95 percent certain (the industry standard) that the results of the survey
accurately reflect the attitudes of the overall population of residents over the age of 50 years to within a
three percent margin of error.
Question 1: Generally speaking, what is your level of interest in the f ollowing activities?
Year-round or part-time residents responding to question one showed a clear preference for fitness
classes with over half of respondents expressing a strong interest.
2
When we filter out results from respondents who have never had a membership at a Town facility (e.g.
Community Center, Aquatic Center or Archery Range), we see an increase interest in physical recreation
(fitness classes and sports leagues) and a decrease of interest in the recreational activities that are more
pastimes and less physical (e.g. Hands-on classes, lectures, social groups and social outings).
54.0%
12.8%
21.4%
24.0%
38.6%
40.3%
53.3%
32.4%
30.3%
35.7%
39.1%
41.8%
35.5%
34.2%
24.5%
48.6%
15.7%
51.5%
39.6%
34.2%
25.9%
25.5%
22.2%
19.0%
0%10%20%30%40%50%60%70%80%90%100%
Dance classes
Fitness classes
Hands-on classes (e.g. art, photography, cooking)
Lectures and educational opportunities
Social groups (e.g. coffee club, book club)
Social outings (e.g. trips to the theatre, museums)
Sports leagues and tournaments
Volunteering
Chart 1: Level of Interest in Activities by Percentage
(Over 50 and Year-Round or Part-Time Residents)
Not interested Somewhat interested Very interested
50.1%
10.6%
24.1%
28.5%
43.1%
43.6%
42.1%
33.7%
33.3%
32.4%
38.7%
40.2%
33.8%
32.7%
26.4%
50.0%
16.5%
57.0%
37.2%
31.3%
23.0%
23.7%
31.5%
16.3%
0%10%20%30%40%50%60%70%80%90%100%
Dance classes
Fitness classes
Hands-on classes (e.g. art, photography, cooking)
Lectures and educational opportunities
Social groups (e.g. coffee club, book club)
Social outings (e.g. trips to the theatre, museums)
Sports leagues and tournaments
Volunteering
Chart 2: Level of Interest in Activities by Percentage
(Current or Past Members, Over 50 and Year -Round or Part-Time
Residents
Not Interested Somewhat Interested Very Interested
3
Question 2: Oro Valley Parks and Recreation offers numeroius activities and programs.
Please indicate your level of participation in the following:
Residents over the age of 50 years indicated they are active pedestrians with walking and hiking both
within the top five activity categories. Additionally, this same group expressed strong participation in
festival and events with farmers market, live music and concerts, and arts & food festivals all within the
top five as well.
Table 1: Current Participants in Activities/Programs Ranked
(Over 50 and Year-Round or Part-Time Residents)
Overall
Ranking Activity/Program
Current
Participants
1 Walking 357
2 Farmers Market 281
3 Live Music & Concerts 222
4 Hiking 208
5 Art & Food Festivals 165
6 Swimming 156
7 Renew Active, Silver Sneakers, and Silver & Fit 154
8 Second Saturdays at Steam Pump Ranch 128
9 Cycling (road bikes or mountain bikes) 127
10 Golf 127
11 Special Events (e.g. July 4th, Celebrate OV) 121
12 Pickleball 117
13 Fitness: Yoga & Pilates 114
14 Tennis 114
15 Gardening 108
16 Fitness: Strength Training & HIIT 106
17 Fitness: Aqua Aerobics 86
18 Fitness: Spin & Cardio 76
19 Movies & Movie Night Events 75
20 Fitness: Personal Training 73
21 Lectures (e.g. health, personal finance) 67
22 Cards & Board Games 65
23 Fitness: Dance & Zumba 51
24 Educational Tours & Trips 48
25 Fitness: Tai Chi & Quigong 42
26 Sports, other (e.g. basketball, softball) 25
27 Dance Classes (e.g. ballroom, tango) 25
28 Music Classes 23
29 Races: 5K, 10K, Triathlon 21
30 Art Classes 15
31 Archery 13
32 Martial Arts (e.g. Karate, Tae Kwon Do) 10
33 Kickball 4
4
There are few activities that have large general appeal to the full sample of respondents (Farmers
Market, Walking, Live Music, and Art & Food Festivals).
A table with a full breakout of the percentage of participation for this table can be found in Appendix 1.
0%10%20%30%40%50%60%70%80%90%100%
Archery
Art Classes
Art & Food Festivals
Cards & Board Games
Cycling (road bikes or mountain bikes)
Dance Classes (e.g. ballroom, tango)
Educational Tours & Trips
Farmers Market
Fitness: Aqua Aerobics
Fitness: Dance & Zumba
Fitness: Personal Training
Fitness: Spin & Cardio
Fitness: Strength Training & HIIT
Fitness: Tai Chi & Quigong
Fitness: Yoga & Pilates
Gardening
Golf
Hiking
Kickball
Lectures (e.g. health, personal finance)
Live Music & Concerts
Martial Arts (e.g. Karate, Tae Kwon Do)
Movies & Movie Night Events
Music Classes
Renew Active, Silver Sneakers, and Silver & Fit
Pickleball
Races: 5K, 10K, Triathlon
Second Saturdays at Steam Pump Ranch
Special Events (e.g. July 4th, Celebrate OV)
Sports, other (e.g. basketball, softball)
Swimming
Tennis
Walking
Chart 3: Level of Participation in Activities
(Over 50 and Year-Round or Part-Time Residents)
Seldom/Never Previously Currently
5
When we compare the full results to a breakout that only includes current or past members, we see the
same activities/programs within the top dozen of both lists, but in different orders of ranking.
Table 2: Current Participants in Activities/Programs , Member Ranking Compared to
Full Sample Ranking
Overall
Ranking Activity/Program Member
Ranking
1 Walking 1
2 Farmers Market 2
6 Swimming 3
4 Hiking 4
14 Tennis 5
3 Live Music & Concerts 6
7 Renew Active, Silver Sneakers, and Silver & Fit 7
10 Golf 8
12 Pickleball 9
13 Fitness: Yoga & Pilates 10
5 Art & Food Festivals 11
9 Cycling (road bikes or mountain bikes) 12
8 Second Saturdays at Steam Pump Ranch 15
A table with a full breakout of the percentage of participation for members can be found in Appendix 2.
Question 3: Are there any other activities or ideas related to senior programming you’d
like to share with us?
251 residents over the age of 50 took time to respond to this open-ended question. The full text of their
responses is available within Appendix 3.
Question 4: How does cost impact your decision to participat in an event or activity?
Respondents expressed a strong price elasticity of demand to programs and activities. Only 18 percent
of respondents indicated cost was not a factor for them, while only 19 percent of respondents indicated
they only participated in low-cost or free activities.
Table 3: Impact of Cost on Decision-Making
Cost Impact Respondents
Cost is not a factor for me 143
It depends on the activity and my personal level of interest 501
I am only interested in free or low-cost activities 132
I am only interested in FREE activities 22
The level of interest among cost conscious respondents closely mirrors the interest level of the full
sample. Cost conscious respondents expressed a slight preference for lectures and educational
opportunities (3.3 percent more were very interested), social groups (4.3 percent somewhat more
interested).
6
Table 4: Difference in Interest Between Cost Conscious Compared to Full Sample
Activity Not Interested
Somewhat
Interested Very Interested
Dance classes -0.8% 0.0% 0.8%
Fitness classes -2.7% 3.6% -0.9%
Hands-on classes (e.g. art, photography,
cooking) -2.9% 0.8% 2.1%
Lectures and educational opportunities -3.1% -0.1% 3.3%
Social groups (e.g. coffee club, book club) -3.7% 4.3% -0.6%
Social outings (e.g. trips to the theatre,
museums) -0.9% 1.6% -0.7%
Sports leagues and tournaments -2.4% 2.6% -0.3%
Volunteering -3.9% 3.7% 0.2%
7
Similarly, there was little difference between the participation of the cost conscious compared to the full
sample.
Table 5: Difference in Participation Between Cost Conscious Compared to Full Sample
Activity/Program Seldom/Never Previously Currently
Archery 0.4% 0.1% -0.5%
Art Classes -2.2% 1.8% 0.3%
Art & Food Festivals -2.3% 4.4% -2.2%
Cards & Board Games -0.6% 1.5% -0.8%
Cycling (road bikes or mountain bikes) -0.2% 0.8% -0.6%
Dance Classes (e.g. ballroom, tango) -1.8% 1.7% 0.1%
Educational Tours & Trips -0.9% 0.9% 0.0%
Farmers Market -2.3% 3.2% -0.8%
Fitness: Aqua Aerobics -1.2% 2.5% -1.3%
Fitness: Dance & Zumba 0.3% 0.2% -0.5%
Fitness: Personal Training 1.2% 0.0% -1.2%
Fitness: Spin & Cardio -0.6% 1.1% -0.6%
Fitness: Strength Training & HIIT 0.1% 0.9% -1.0%
Fitness: Tai Chi & Quigong -1.6% 2.5% -0.9%
Fitness: Yoga & Pilates -0.6% 1.8% -1.1%
Gardening -1.3% 1.6% -0.3%
Golf 0.4% 0.8% -1.2%
Hiking -1.5% 1.4% 0.1%
Kickball 0.2% -0.3% 0.1%
Lectures (e.g. health, personal finance) -1.6% 1.4% 0.2%
Live Music & Concerts -1.6% 0.7% 0.8%
Martial Arts (e.g. Karate, Tae Kwon Do) 0.1% 0.0% 0.0%
Movies & Movie Night Events -1.3% 0.0% 1.2%
Music Classes 2.0% -1.4% -0.5%
Renew Active, Silver Sneakers, and Silver & Fit 0.9% -0.6% -0.3%
Pickleball -1.9% 1.2% 0.7%
Races: 5K, 10K, Triathlon 1.0% -0.3% -0.7%
Second Saturdays at Steam Pump Ranch -1.8% 3.7% -2.0%
Special Events (e.g. July 4th, Celebrate OV) -0.2% 1.7% -1.6%
Sports, other (e.g. basketball, softball) -0.1% 0.9% -0.8%
Swimming 0.6% 0.7% -1.3%
Tennis -0.2% 1.1% -0.9%
Walking -1.7% 1.8% 0.0%
8
Question 5: When it comes to attending an event or activity, would transportation be a
deciding factor for you?
Most respondents have their own mode of transportation and are not influenced by whether
transportation is provided.
Table 6: Transportation as a Deciding Factor
Transportation as Deciding Factor Respondents
No, I have my own mode of transportation 704
Sometimes/Maybe: It depends on the day/time 74
Yes, I would only be able to attend if transportation were provided 18
Conclusion
To be discussed and determined by Oro Valley Senior Programming Task Force.
9
Appendix 1
Activity/Program Seldom/Never Previously Currently
Archery 91.8% 6.5% 1.7%
Art Classes 83.5% 14.5% 2.0%
Art & Food Festivals 35.3% 43.0% 21.7%
Cards & Board Games 76.7% 14.6% 8.7%
Cycling (road bikes or mountain bikes) 66.6% 16.5% 16.9%
Dance Classes (e.g. ballroom, tango) 81.3% 15.3% 3.3%
Educational Tours & Trips 68.2% 25.5% 6.3%
Farmers Market 19.7% 43.8% 36.6%
Fitness: Aqua Aerobics 66.8% 21.8% 11.4%
Fitness: Dance & Zumba 74.2% 19.0% 6.9%
Fitness: Personal Training 62.2% 28.1% 9.6%
Fitness: Spin & Cardio 70.6% 19.2% 10.2%
Fitness: Strength Training & HIIT 61.3% 24.5% 14.2%
Fitness: Tai Chi & Quigong 75.8% 18.6% 5.6%
Fitness: Yoga & Pilates 56.9% 28.1% 15.0%
Gardening 69.9% 15.7% 14.4%
Golf 67.0% 16.2% 16.8%
Hiking 44.6% 28.0% 27.4%
Kickball 94.8% 4.6% 0.5%
Lectures (e.g. health, personal finance) 67.2% 23.9% 8.9%
Live Music & Concerts 30.1% 40.7% 29.2%
Martial Arts (e.g. Karate, Tae Kwon Do) 93.6% 5.0% 1.4%
Movies & Movie Night Events 63.4% 26.5% 10.1%
Music Classes 84.7% 12.2% 3.1%
Renew Active, Silver Sneakers, and Silver &
Fit 62.5% 17.1% 20.4%
Pickleball 70.9% 13.7% 15.4%
Races: 5K, 10K, Triathlon 82.4% 14.7% 2.8%
Second Saturdays at Steam Pump Ranch 47.6% 35.3% 17.2%
Special Events (e.g. July 4th, Celebrate OV) 45.2% 38.6% 16.3%
Sports, other (e.g. basketball, softball) 82.6% 14.0% 3.4%
Swimming 57.2% 22.1% 20.7%
Tennis 72.1% 12.6% 15.3%
Walking 32.8% 20.4% 46.8%
10
Appendix 2
Activity/Program Seldom/Never Previously Currently
Archery 91.7% 6.3% 2.0%
Art Classes 84.2% 14.9% 0.9%
Art & Food Festivals 36.5% 44.3% 19.3%
Cards & Board Games 76.5% 16.2% 7.2%
Cycling (road bikes or mountain bikes) 65.6% 16.5% 17.9%
Dance Classes (e.g. ballroom, tango) 78.9% 16.8% 4.3%
Educational Tours & Trips 68.6% 24.9% 6.5%
Farmers Market 19.3% 43.8% 36.9%
Fitness: Aqua Aerobics 56.7% 25.8% 17.5%
Fitness: Dance & Zumba 68.3% 22.5% 9.2%
Fitness: Personal Training 56.4% 31.8% 11.7%
Fitness: Spin & Cardio 63.6% 24.2% 12.2%
Fitness: Strength Training & HIIT 54.4% 27.6% 17.9%
Fitness: Tai Chi & Quigong 72.5% 21.7% 5.8%
Fitness: Yoga & Pilates 48.0% 32.4% 19.6%
Gardening 70.9% 16.3% 12.8%
Golf 60.9% 17.2% 21.8%
Hiking 44.4% 27.6% 27.9%
Kickball 94.9% 5.1% 0.0%
Lectures (e.g. health, personal finance) 70.9% 21.9% 7.2%
Live Music & Concerts 31.1% 41.6% 27.4%
Martial Arts (e.g. Karate, Tae Kwon Do) 93.3% 6.2% 0.6%
Movies & Movie Night Events 65.3% 26.2% 8.5%
Music Classes 84.9% 12.2% 3.0%
Programs like Renew Active, Silver Sneakers, and Silver &
Fit 61.4% 14.6% 24.0%
Pickleball 63.5% 15.1% 21.4%
Races: 5K, 10K, Triathlon 79.4% 17.7% 2.9%
Second Saturdays at Steam Pump Ranch 46.5% 35.7% 17.8%
Special Events (e.g. July 4th, Celebrate OV) 44.0% 41.3% 14.7%
Sports, other (e.g. basketball, softball) 80.7% 15.1% 4.2%
Swimming 43.4% 26.3% 30.3%
Tennis 57.7% 14.2% 28.1%
Walking 33.9% 20.8% 45.3%
11
Appendix 3
Are there any other activities or ideas related to senior programming you'd like to share with us?
Install lines on additional tennis courts forPickleball
(You may already offer some or all of these: Meditation/relaxation classes, birding outings,
vegan/gluten-free cooking, dining out outings, ways for people to meet each other-big need. Thank
you for doing the survey. :-)
1. More class focused on Balance and "senior" weight programs to strengthen muscles.
2. Dance classes where you sign up for a designated time sequence so you can get proficient at it as
opposed to coming into a class that's already progressed and you have no idea whats going on like
now with line dancing.
3. Instructors knowledgeable on Tabata Aqua Classes. Have more scheduled. Sorry but the current
instructor is very poor in her delivery. Shegabs with participants rather than teach the class. Many
are disappointed in her ability to teach the class.
4. Encourage ALL your instructors to watch participants form to be sure the exercise is performed
correctly. Many to NOT do this and some one will get hurt.
1.Scrabble and Mahjongg in the community center not in the Overlook Restaurant.
2. Better system to register for Renew Active instead of registering each day.
9 hole golf play is important for seniors no longer wanting to play a full 18 holes anymore. Senior 9
hole leagues would be well received.
9 hole golf. Physically unable to do 18.
A lot of older people, including myself, have dogs as companions. An activity that could be done by
owners with there dogs would be welcome.
A scheduled bus to Tucson theater performances would make evening events more accessible for
many seniors.
Osher life long learning classes at the community center and/or library would be wonderful.
The balance class Chris offers is fabulous! Difficult to attend due to huge demand though. More
similar classes would be great.
Acting and Improv classes, playwriting instruction/groups
Activities on Zoom. Not in person and definitely not indoors
Activities/games that memory and cognitive skills.
ADA compliance
Additional pickleball courts
Additional pickleball courts
Alzheimer's has recently been medically proven to be reversible. I hope that the city can promote
senior health by developing a Health Lifestyle support program for those who want/need to change
their lifestyle to promote their healthy senior years.
Anything fitness related.
Aqua exercise
Assistance with setting up basic workouts on gym equipment without having to hire a personal
trainer. How to use all thise fancy machines. 🤔
Balance and Fall Prevention class would be nice.
Balance Training/Fall Prevention
Non-biased education on Medicare/choosing insurance coverage
Barre
Zumba
Caribbean Rhythm dance
12
Cardio fusion
Shine dance
Body Combat (mixed martial arts)
LaB last dance (ballroom style)
SS Classic (silver sneakers)
Beginning drawing.
Biking groups would be nice for getting exercise and taking advantage of the bike trails.
The Community Center lacks a nautilus machine for strengthening back muscles. That’s a big
omission for those taking care of aging backs.
Bingo! Exercises for people over 70 held at the community center!
Birdwatching outings
Board game, mah jongg, card game groups.
Bone Builders classes like they have at the Marana Sr. Center
Book club
Bridge
bridge (rubber not duplicate)
bridge, mah jong
Bocce court at Naranja nor CDO park
used to enjoy the OV hiking club
Bus Trips or Organizational Travel
Mexico
CA
Utah
Four Corners
Shows in Phoenix
Whale Watch-Anywhere!
Vegas+++
Local History-
Forts, etc
Museums
Magdalena
Pilgrimage Mexico
Canasta Club, Beginner Pickle Ball Classes, Mixers for Singles
Card games for social groups for seniors would be great (like Bridge, Spades)
Card making / sewing / quilting
Cars and Coffee type events
Outdoor concerts
VET appreciation
Craft shows
Wine and Food Tssting
Chair yoga (1/2 standing and 1/2 sitting,)
Silver Sneakers Classic with weights, band, and ball (1/2 standing 1/2 sitting) doesn't have to be SS
certified but something similar for seniors with limited abilities.
Potlucks
Bingo
Health seminars or talks from doctors, physical therapists, health professionals
13
Chair Yoga. Senior weight training
Chair zumba
Chari Yoga
Chess
Community Garden
Computer classes for computer challenged residents
computer classes, entry level, such as making the most of your Smart Phone, simple word processing,
uploading, sending information
Cooking classes
Foreign language classes
cooking classes
guitar lessons
Cooking Classes.
Cooking classes.
Could you bring back Dan (Zumba) and Michael (seat and be fit)?
These two instructors are amazing.
Could you please bring Jazzercise? It works for all ages and you adjust according to your abilities.
Tabata water aerobics would be great also.
crafts (mosaic tile)
Friday/Sat Happy Hour at the Overlook
Monthly Menu Specials: BBQ Night , Hot Dog Night, Fish & Chips Night , or Taco Tuesdays at the
Overlook
Tailgate Party during football season at the Overlook
Pickleball Camps with a Professional PB Pro (Ex: Tyson McGuffin, Callie Jo Smith, etc
Pickleball Shaded Areas are a must for 1-6 Courts and New Courts 7-10
Senior Softball Leagues, Mens, Womens, Mixed
Cultural events!
Need convenient times for any classes. Small groups since Covid is still a danger to seniors;
Programs like the Osher Learning Center. (or similar). Going to the University and parking there is
difficult.
.
Dance Classes: Ballet Workout (ask local dance instructors) - Cooking Classes: ask local instructors /
Caterers - Educational Trips: City of San Gabriel, CA had a summer senior bus trip / tour (small fee
involved) OV + SunTran could do the same or work with Grey Line?
During part of the summer months, you allow huge numbers of very young children to flood the
community center. tp clog the corridors, overwhelm the only two bathrooms (for men) and two
toilets, and to produce all ear-piercingly high levels of noise - making the use of the community center
VERY unpleasant. Can't you devise a solution?
Educational programs regarding helping improve the environment including recycling, living with less
plastic, composting, gardening, trash cleaning parties, walks with naturalists, regenerative agriculture.
Euchre :)
Euchre card game
Even though I didn't participate in Tai Chi & Quigong, I'd be interested in trying these forms of
exercise.
14
For myself, I’m interested in “gentle” exercise classes l, and v interested in balance classes for my 80+
husband
For some activities, I have never received a response from an inquiry to participate or volunteer. Who
posts these sign-ups? Is there a way to get more information beside through the "This week in Oro
Valley" weekly email?
Foreign films or outdoor music concerts geared to seniors.
From Q1 (Other): Tai Chi, Qi Gong, Zumba, Yoga
Game nights: Trivia, Quizzes
I suggest that a room be made available by appointment for musical collaboration, song circles, etc.
Perhaps an inexpensive amp and/or drum pad set could also stay in a music room for use by rec
center members.
FYI: I am UNABLE to attend ANY events at the Oro Valley Community Center because I am UNABLE to
either climb the front stairs or walk unassisted up the delivery ramp.
Genealogy
Genealogy
Computer skills
Genealogy group meetings would be great. Also group to learn how to use the Family Tree Maker
software for building and maintaining family trees on your own computer.
Glad to see there is more pickleball being developed and I heard someone has been hired to handle
beginner's classes- yay!
Golf tournaments
Group hikes, or just knowing where they are and when
Had no idea these activities were offered to seniors in OV. We were members of the rec center when
we first moved here in 2015 or so, but it was pretty shabby and no real programs that we knew of.
Guess we'll have to explore more what's out there. Thx for the informative survey.
Honestly, I've lived here for 6 years and only know about the community center and pool. I have
never heard about any of the other activities listed. I'm heading towards 55 and will be interested
when I hit that age but I also think you need to do better spreading the word about the above
activities! Thanks!
Hopefully pickleball courts will be open soon. Would like to see guitar lessens offered.
How do I learn about some of these like the board and card games and music classes and art classes? I
don't think I'm aware of what is offered outside of fitness classes and golf at the community center.
I am a 60 y/o senior Oro Valley homeowner who is disabled due to multiple sclerosis. I need an
accessible facility to be able to participate due to ambulation and balance difficulties.
I am a new resident in OV and I answered based on my life in the Midwest
I am interested in aerobics/yoga/pilates for those seniors who have mobility issues.
I am not aware of a biking or hiking club/activities. These are activities that I have done on my own
but would love to join a group. I would also be interested in a pottery class.
I am not aware of these activities. Where do I find out about them?
I am not aware that OV offers most of these activities. How do we get on the communication list?
I am really looking forward to the new additions at Naranja Park.
I am trying to study Spanish but would love to partner with a Spanish-speaking person on a regular
basis and learn Spanish through emergency.
I also would prefer to take classes including cooking classes and art classes and other kinds of
educational classes through zoom rather than in person.
15
I appreciate making the new tennis courts at the rec center location. The courts are a valuable asset
for the community, not only for those of us who play but for the t own as these courts are available for
tournaments that will bring revenue to the town and businesses in the area. Please don't take tennis
courts and make them into pickleball courts. There are pickleball courts going in at Naranja Park that
should suffice for pickleball players without taking away tennis courts.
I completed this form previously and thought of some other ideas for senior programming:
Pottery
Horse Back Riding for Seniors
Wood Working
Jewelry Making
Scrap Booking
Home Brewing
Billiards
Wine Festival
Paint Night
Computer Classes
Bocce Ball
Flower Arranging
Needlework
Quilting
Wind Chimes
Rock Painting
Holiday Crafts
Holiday Parties ( Could be dress-up )
Community Service Day for:
-> Youth on Their Own
-> Casa de los Ninos
-> Beads for Courage
-> Donation Day for Soup Kitchen, Homeless Shelter, etc
Guided Tours and Lunch
-> White Stallion Ranch
-> Tanque Verde Ranch
-> Etc
I didn’t know cards and board games were offered as to seniors.
I didn't know these classes existed. Although I've never attended, I'd potentially be interested in a
Yoga and Pilates class.
I do not know how to answer the above section. I have participated in some of these activities but
not with OV Parks & Recreation
I go to gym 3 days a week. Used to walk the trails in OV frequently years ago.
I had no idea any of the above was available. How do I find out about this? There are quite a few
things we would be interested in.
I have never seen an offering for some of the things listed above - eg. tours or gardening,
Senior hiking - slower paced hikes with a leader
Photography using cell phone - the current class requires a camera which no one uses anymore
HIIT for seniors
Spanish for seniors and Spanish practice
16
vegetable gardening class
Citrus exchange
I have never seen any advertisement of most of the above activities. I would be interested in many of
them.
I have not participated in indoor game activities such as card and board games, yet, but I didn’t know
they were happening. I see them as an outlet to competing without having to physically be active and
also an avenue to meet others for companionship.
I know some people who would like to have someone to work with them on technical devices, to be
able to use their phones and tablets, etc more easily.
Some periodic tech resource would probably be welcome.
Thank you for asking.
I lie the music option. I want to take cello.
I like Zumba and line dancing classes. I wish there were more morning classes including these types of
classes. (Even on a Saturday or Sunday)
I live in oro valley (rancho vistoso) but travel to Marana to take advantage of their seni or rec center
which is amazing at a cost of only $40 per year and I attend their amazing yoga classes and line
dancing and tai chi and Zumba classes. All for that amazing price. They also offer pairing classes card
games and so many other opportunities f or seniors. It is such a great program. I was so worried when
we sold our home in Marana. We almost did not but in OV until I made sure I could still belong to the
Marana rec center without being a resident of Marana. They don’t even charge extra for not living
outside of the county which I would gladly pay.
I may not have been aware of some of these programs. Maybe there needs to be more publicity, or a
brochure sent to all the homes with a link to a website.
I moved here during the pandemic and have yet to take classes. I’m ready to participate.
I never even knew they had most of these activities! Where do they do them?
i never realized how many opportunities there were here!
I participate in some of the activities listed but not in conjunction with Parks and Recreation of Oro
Valley
I played basketball for many years at River Front park, but eventually migrated to Marana to play
because OV had only ONE regulation size basketball court with good lighting. There were times that
there were 30 people at the River Front court (most waiting to play... hard to believe but I have
pictures of it). It was frustrating, especially when we knew OV owned 30+ mostly empty Tennis courts
at the same time!
Please make sure the planned Basketball courts at Naranja park have good lighting.
I see you mention card games. HOW does one find out about these? I have not seen very much
information about all of the activities listed above.
I think there should be a low cost alternative to the so-called Oro Valley Center. Many are on a
pension. When I saw the classes I guess you offered, I figured that you have to be a member of the
OV Country Club. I have attached part of a magazine from my hometown. Over the years, they have
built up the most successful senior center as it gets. It did take a levy and lots of donations and
volunteer help, but it may be a start for Oro Valley (about the same population).
I was not aware many of the activities listed above were available (such as learning how to play bridge
or bingo, etc.)
I was very sorry when the balance class was cancelled, pre-Covid. That or something like Silver
Sneakers would be fabulous for my husband!!
17
I wasn't aware of these activities. How are they publicized? How have I missed them?
I wish there were more Zumba classes!
I would be interested in most of the activities above that I marked that I have never or seldom
I would like Silver Sneakers as an option. If it has been available, I wasn’t aware of it.
I would like the community center to offer more games and have a evening game night.
I just went to a small town in CA and they have friday night game event, bingo, games during the day.
They also sponsor bus trips for tours.
I would like to have the jacuzzi open, specially during Fall, Winter, and Spring.
I would like to learn to knit and I believe there might be others interested, also.
As for the activities you reference, above - many of those I do independently, but not through an Oro
Valley sponsored event. I will be retiring soon and will have more time to see what my community
offers.
I would like to see a class of line dancing that starts at the very beginning instead of being with
experienced dancers already.
I would like to see a quilt club established
I would like to see an exercise class for grandparents. Keeping strong activities that strengthen
muscles for getting up and down off floor etc
I would like to see a technology class for travel
I would like a drumming class or group
I would like a exercise class that uses drum sticks for work outs
I would like to see more low-cost art, music, cooking and speical event classes. $50 is a lot for a
photography class or painting class. Would love to see ceramics and more fitness class geared to
seniors like yoga for arthritis or fitness classes for people with arthtitis. I also hope you will change the
raquestball courts soon to social areas for people to hang out in because you need more room there.
It would also be nice if there could be more open swim time. I also like that non-residents can use the
facility for the day for a very reasonable $5. I have senior friends who live nearby but no in Oro Valley
proper who love this. Thank you. I love Oro Valley and all you do for those of us who live here.
I would like to see more water activities focused on senior needs if possible, ie...therapeutic
swimming (warm water and some guidance) and water aerobics. I have participated in both lap
swimming and water aerobics at the aquatic and community centers. I would like to see additional
classes and warmer pools IF possible. Appreciate your asking.
I would like to see the Recreational Center improved. Needs work!
I would love to see activities and classes offered in the evening 6--9pm or weekends. Not all seniors
are retired and sooooo much of the current programming is during the regular work day.
I would love to see more pickleball courts in the community
I’d like to see fitness classes for men and women with osteoporosis.
I’m frustrated because I am 57 and still work full time and swimming pool hours and lap availability
starts too late, and ends to early in the day (or is inhibited by children having lessons) that is why I
dropped my membership. I want to swim at 5:40 am or 6 pm
I’m interested in pickle ball but don’t know how to get started.
I’m just worried you will take away more of our tennis courts for pickelball. We need all the tennis
courts for members and tournaments
I’m not aware of Silver Sneakers-like programs that address balance for older residents. I’d love to
know if they exist or will at OVCC
18
I'd like some king of museum touring. E.g. Daytime trip to an art museum - UA museum of art?
Others? - Tubac art festival? Also I like educational/history lectures - Some like the library hosts -
Needs more publicity on what you do offer.
I'd like to see a Senior Playground installed like they have in other countries. It includes low impact
equipment for help with strength, balance, range of motion, etc. It also gets seniors outside for fresh
air and socializing. You can get more info at seniorplanet.org/playgrounds-for-seniors
If I didn't live in OV I'd be participating much more but I find too many people in OV really awful to be
with -- mean, opinionated, narrow-minded, arrogant.
I'm answering this for both my husband and myself. He is content with his level of activity and
interaction. I would like to increase my opportunities to go hiking with others. I don't feel it is safe to
hike alone, but my husband doesn't hike.
I'm interested in presentations about the local plant life and wildlife.
I'm not a member (yet) which is the reason for the above "Seldom/Never" responses. I do many of
those things but not through OVP&R.
Intro to bridge
Word games
It would be nice if the town organized cycling or hiking groups.
Jazzercise!
Keeping the tennis facilities in top shape is most important to me and it can help to bring in a olt of
revenue to the town.
Knitting and sewing groups would be of interest.
Lifestyle medicine lectures with emphasis on whole food plant-based nutrition.
Like many of the above but haven’t been settle long enough to participate
Line dancing
Line dancing
Looking forward to the new tennis courts being completed so I can start playing again.
Loved trivia, but would prefer questions more appropriate to an older group; i.e., less movies/music
only the younger folks will recognize. Can you try to find one that is more general knowledge based?
Mah Jongg
Mahjong group is fun and great for brain fitness. Also bridge. Need room for meetings such as these.
Trivia Nights are also fun. Dance classes such as tango and salsa are enjoyable and a good workout.
Thank you for the survey.
Mahjong
Bridge
Make silver sneakers full service at the community center.
Masters swimming at lunch time.
Meditation
Miss the stretch class taught by Eileen
Moderate level hiking groups, watercolor classes, lectures on local flora and fauna.
Monthly card group.
More educational experiences are necessary. Too much emphasis on recreational.
More masters swimming
More outdoor concerts on the lawn
More pickleball courts. More leagues and regular open play. Benches and shade. Tournaments.
19
more senior tennis activities tournaments, leagues, etc.
More tours and card groups
Most of the activities above are outdoors. I’d like to see more indoor events. Also, the community
Center needs ADA access that isn’t a back door option as is currently in place. Silver Sneakers needs
to be an option at the Community Center.
Multiple Karaoke Venues
Need more indoor and outdoor pickleball courts!
Need more pickleball and less tennis. Retired tax payers should not have to play in any sports like
pickleball.
Never have seen ballroom classed and class could be easily scheduled if you have the right room and
flooring.
Newish to area…
Now that the weather is cooler - Perhaps, seasonal outdoor games for seniors, maybe in late
afternoons or Sundays such as Bocce Ball or Cornhole games with some learning these games as well
as playing. Maybe at the Rec center or at a nearby park.
okay. I am not clear on the second question: Do you mean, these activities through OV parks classes?
Or on my own? Or at home? Or through another venue? The question is not clear. I answered all in
the negative, as I do not use OV classes or facilities as there are NONE near me at all. Also, when I
have checked on pricing, it's been pretty high, IMHO. That said, I would love to try things if there
were Zoom options. If there was another center somewhere near me (Ina & Oracle area). If the costs
were within my budget. Thanks!
One more tabata class would be great.
Open to other options
Open/Pickup Volleyball in the evenings. For example, women over 40 and men over 50. It would be
great if there was an indoor facility to just play volleyball and not need to be on a specific team and
participate in tournaments.
Osteoporosis Small Group Training for Strength and Stronger Bones
OV needs activities that involve dogs for dog lovers. The OV dog park is atrocious! Compared to other
cities in the US it would rank very poorly. Money is invested in other areas of Naraja Park but not the
dog park. Many dog owners are now going to Tangerine Sky Park because it is cared for. Dog owners
pay taxes too. Our park is basically a dirt/sand park. The area could be expanded with varying
elevations, trees for shade, GRASS (like the soccer field), and maybe even a water feature. I own a
vacation rental and people bring their dogs. I promote the dog park, but people are often very
disappointed in its poor condition. OV could have an AMAZING dog park that rivals other US dog
parks, and it could be a "destination" for our residents and visitors. If maintenance is the issue, then
offer an annual or visitor membership fee with key card access (like hotel rooms) that gets y ou in the
gate. But no one will purchase a membership until the dog park is greatly improved.
OV Rec Ctr does not take silver sneakers only renew active so we go to LA Fitness. I like to do things
that are cost effective. Biking and hiking are free. Going with a small group would be fun. Where I'm
from yoga was offered free by Lululemon with various yoga studios teaching for one month terms in
exchange for advertising or maybe Lulu was subsidizing (not sure). We've been to a couple of lectures
at the Natl Park Store. Well attended and interesting. Will pay for an activity I really want to attend
but not every week. I wonder if there is value in charging an annual fee so people can attend what
they want with up charge for non-members. I like paying just one fee to go to the desert museum
when I want. Not much of a late night attendee.
OV should strongly support Pusch Ridge 9 hole golf course. When you are handicapped, in your
senior years having a 9 hole golf course is really beneficial. Your endurance, time matches the 9 hole
20
efforts. OV government has not supported the Pusch Ridge golf course. They have purposely
attempted to degrade it to make it seem that it is not a viable investment by the Town. The last year
of operation has shown that proper operation can benefit the Town monetarily as well as increasing
rounds played to over 4 times as the previous years.
Overall great!
Locker rooms at OVAC need better cleaning!
Personally, I am super interested in Pottery and Mosaic making classes....and learning to create
jewelry with polymer clays, etc.
Another thought comes to mind -- grief counseling. We have a lot of seniors who lost a spouse (or
another loved one). I never see that offered around here and have to drive 30+ minutes to attend a
meeting that is essentially a non-event for getting through the process.
A dining out group would be nice too. Not aware of any that addresses Oro Valley, etc.
Pickle Ball
Pickle ball
Movies for adults
Pickleball in the evening.
Badminton & ping pong - probably round with set times
I would like to connect with the Oro Valley community.
Various games like quidler, banana grams, poker, skip bo.
Classical music outside.
Maybe ping pong in the game room. 2 tables.
Pickleball lessons , especially for beginners
Pilates
Ping Pong or Table Tennis.
Play a lot to tennis, use the swimming pool often and just getting back into using the weight
machines. The Renew program was a nice bonus.
Please accept that some of us are still quite fit. Please offer kick boxing and step classes again.
Please consider hosting archery events for additional OV revenue.
Please do not decrease the aunt of tennis courts! It is so tough to get courts at prime times. And they
are important for consideration in hosting tournaments. Great economical impact!
Please offer photography classes!
Please remember that seniors often have to take care of long ones and access to parks is important.
There is no park near Suffolk Hills to take kids to- no swings, no basketball courts, no slides, no frisbee
areas. No picnic areas.
Poker night
Poker, scrabble, trips to casino,
Pusch Ridge Golf does NOT need Disc Golf
Recently moved to the area, therefore, not familiar with most of these programs and where they are
listed (i.e., is there a website that describes these as well as time and place of offering).
Resistance training and light weights to help maintain bone health
Rides. Some seniors cannot drive. Ride system?
Rock climbing, gymnastics
Senior Olympic festival for Oro Valley, they have it in green valley and sierra Vista etc
Senior tennis tournaments would be nice.
21
Senior Yoga or Chair Yoga.
Since I live in Sun City I have much of what is listed and more through my HOA.
Volunteer Bike Patrol through Parks & Recs, since The Town felt there was too much liability through
the CVAP program.
It could be a Town Ambassador in the parks & recreation areas and on all the multi-use paths
throughout the Town that connect or will connect the recreational facilities.
If the Town through Parks & Recs is interested, I would love to share my proposal.
Since we do not have a senior center it would be nice if the city sponsored weekly game days… hand
& foot, samba, bridge, Asian and National May Jong .
Since we have a huge population of elder folks here in Oro Valley, the chances of diminishing mental
health is in abundance. I think get togethers should be held once a week with crafts, art, education,
music etc. to help out and also to network. A lot of spouses here are caregivers to their loved ones
24/7 and get no rest at all. It would be great to have a Respite Day for caregivers to drop their loved
ones off for lunch (PCOA) and an afternoon of activities. Catalina used to offer this on Wednesday
afternoons but closed when Covid went crazy. Now we have nothing in our area at all.
Social group for those that want to get together with their dogs.
Some seniors, myself included, work more than full time, such that we need more early morning,
evening, and weekend yoga opportunities!
Stop spending money, like the seniors do.
Support groups
Survey a bit confusing in last category about whether the activity has to have been through the parks
department. I hike a lot but not through the parks department. I would like lectures, but not boring
ones like health and finance. I am more than an aging person!
I have taken art classes through tohono chul but not at parks and rec.
Swimming Technique Class and learn proper strokes.
Tai chi
Target shooting
Tennis is growing all over the country and the USTA has the numbers to back it up.
Keep the tennis times so we can keep playing in our various competitive leagues.
Jennifer Fuchs & staff are the best we could have & her ability to get tennis tournaments to come to
the Comm Center / Pusch Ridge are a great addition and bring added dollars to Oro Valley. We are so
fortunate to have her taking care of us.
Tennis is wonderful and very important to us at both locations.
Thank you, thank you for redoing the tennis courts at the CC. Much needed...with the growing tennis
community and tennis tournaments we need as many tennis courts as possible.
The above was not clear. Did you mean at the Oro Valley Rec Center? We live in Sun City Oro Valley so
take part in what we have to offer here. I answered to what we do in SC. If we did not have those
available, I would participate in OV
The community would benefit greatly with the installation of an art center/ studio for those who are
experienced and those would like to learn clay and pottery techniques. The county has programs in
Tucson and the senior communities offer these opportunities but not everyone lives in a senior
community or within proximity to access such.
Oro Valley is lacking in this important community asset. A pottery studio would benefit all in the
community and would help build a strong community bond as well.
I am aquatinted with many seniors who would be excited to participate in clay classes or open studio
for those with experience. It’s a great opportunity and the community center surely has room to have
a studio in Oro Valley.
22
The fitness classes at the Community Center are great but parking is an issue. Would be great if the
Parks and Rec could help out maybe a shuttle between the library/town offices at peak times. Thanks
Theater or Art outings with transportation provided from the rec center to the downtown venue. Can
be evening or afternoon.
There are not many options for seniors who still work
There are several you list that I was unaware of but would be interested in...hiking and biking among
them.
There are some communities that offer trips aboard at a reduced price for seniors. I would be
interested in something like that.
transportation for mobility impaired, senior luncheons
Travel
Verty interested in community gardening. OV needs a space or spaces t o accomodate gardeners
unable to garden at home or apartment due to space constarints or HOA prohibitions. Steam Pump??
Community Center??
Walks explaining the history, geology, and ecology of the area, esp. Honey Bee Canyon.
Art talks presented by docents of the Tucson Museum of Art.
More blues and folk concerts.
Talks by Mayor and council members on subjects pertaining to Oro Valley
Want silver sneakers class
Warm water therapy pool with arthritis classes (pool 89 deg.**) , stretching classes
Silver Sneakers type of classes for people who don't have insurance coverage for it (you can't
participate if insurance doesn't cover it).
**The only warm water therapy pool is at Reid Park, too far from Oro Valley
Was a very disappointed to find out that you OV has only one silver sneaker class and no other silver
sneaker opportunities at the community center. I go to other places to benefit from silver sneakers as
a result
WATER AEROBICS. BONNIE IS A FANTASTIC INSTRUCTOR+ ITS A GREAT WORKOUT.
DONNA -THE WOMAN WHOSE MOTHER JUST DIED, ISN'T A GOOD INSTRUCTOR. THE WORKOUT IS A
WASTE OF TIME. SHE WONT ALLOW STUDENTS TO USE " NOODLE" OR STYROFOAM. AQUA TABATA -
THE INSTRUCTOR STARTS LATE, ENDS EARLY+IS NOT ENGAGED WITH THE CLASS. I NO LONGER
ATTEND AQUA TABATA OR DONNA'S CLASS AS I END OF FEELING FUSTRATED.
Way for seniors to connect and meet other seniors with similar interest
We are fortunate to have the best tennis program in Tucson. The court upgrade at the Community
Center was long over due and I can't be more excited to see and play on the new courts. Hopefully
maintenance at the Pusch Ridge facility can be kept up as well. Tennis has allow me to stay fit and
connected with my friends. Thank you Oro Valley for supporting our tennis program.
We have the best tennis facility in Tucson, especially since we are upgrading the tennis courts at the
Community Recreation Center. As a premium member, I hope that we will also continue the required
maintenance at the Pusch Ridge site. In order to attract income to the Town of Oro Valley, both sites
must have well-kept courts. The tennis tournaments are a revenue generator for the town. The tennis
program offers opportunities for people over 55. It has kept many of us young and healthy. T hank you
Oro Valley for supporting the valuable tennis program here!
We live in Sun City and get most of her activities there.
We live in Sun City. How about chess?
We need a good salad bar restaurant
23
We often fight to reserve tennis courts in the winter. Pickleball previously took one of our courts and
impacts a second court next to it because no one wants to place there. Please do not take more of
our tennis courts away!
Weekly or bi-monthly community dance to variety of music.
What we could use is a large indoor walking track or course for the hot months and nights during the
winter. I’m willing to buy a membership to help with the cost of construction.
I teach personal budgeting and money management, I am willing to provide free materials. Please
Email me if interested.
While I run races, mountain bike, and road bike! have never seen any OV parks programs for that.
The above questions are very confusing as it seems to imply specific P&R programs versus activities I
do and am interested in.
Wine tasting with Arizona vineyards/wineries. Group charter buses to the wineries or having the
wineries come to Oro Valley
With the recent dedication of the Nature Preserve, interpretive desert walks and bird watching
programs would seem attractive for seniors, especially those in wheel chairs or walkers with the
paved surface trails in the Preserve.
Would be nice to have mental health groups. Medicare insurance says it covers it but Cigna’s
providers listed don’t actually take insurance.
Depression groups, grief group, support groups come to mind.
Would like a senior citizens group with programs. Reasonable membership fees should be chsrged.
Would like dance classes that don’t always require a partner.
Would like weight training/ osteoporosis prevention small group lessons. No power lifters around
during class.
Would like to see step or floor aerobics classes
Would love more Zumba gold. Interested in a lively and energetic class (NOT a modified class geared
to 80-90 year olds). I took Rozali Hayden's classes for 5 1/2 years til they stopped recently. She's
great! Hope she returns. Otherwise please get someone. M to F preferably.
Also interested in Beginner Tap Dancing for adults. Mon to Friday
Would love to organize a sewing group to benefit charities!
Would love to see educational lectures
Yes -- United Healthcare has a monopoly on use of the fitness center. I can get mutual of omaha's
senior plan but it is not honored at the fitness area.
Yes ,....some where to play mahjongg, like a senior center....
Yes, bridge the card game, take over the Northwest Tucson Bridge Club as a Community activity. Talk
to me Richad Augur 520 572-8700
Yoga classes
You mention softball, but you have refused to respond positively when previously asked.
You should have an evening Life And Training/Cert class, so us morning swimmers can fill in for the
"missing" Life Guards
Zydeco dance
Senior Programming Task Force
Report
January 4, 2023
In its Strategic Leadership Plan for FY 20/21 and FY 21/22, Town Council defined Focus Area 2 as Culture and Recreation.
Goal B of this Focus Area contained the objective:
“Form a temporary task force to review current senior recreation programming and identify opportunities that will broaden and improve such program access.”
Senior Programming Task Force Report
Senior Programming Task Force Report
Task Force Origins
Formation of Task Force
Recruitment Feb 2022
11 original members, 6 members finished project
8 total meetings held May -November
Defining deliverables
Expectations of Task Force
Survey development
Survey available as Appendix I
Survey (9/1 –9/30)
•Online
•Mail-in
•In-person pop-ups
•Oro Valley Library
•Heirloom Farmer’s Market
Open house –September 29, 2022
Public Participation Opportunities
Senior Programming Task Force Report
Senior Programming Task Force Report
903 responses
Statistically significant for Oro Valley population 50+
Demographics:
Gender:•Women 67.73%•Men 28.24%
Ages:•50-59 11.52%•60-69 43.96%•70-79 37.54%•80+5.87%
Survey Results
Overall Level of Interest in Activities by Percentage
Somewhat interested and very interested responses combined*
Senior Programming Task Force Report
Rank Activity Combined %
1 Lectures and Educational Opportunities 68.24
2 Hands-On Classes 58.16
3 Social Groups 55.37
4 Social Outings 54.09
5 Fitness Classes and Activities 48.03
6 Volunteering 47.17
7 Sports Leagues 43.97
8 Dance 42.41
9 Other 15.5
Senior Programming Task Force Report
264 total responses
New program/activity ideas
Did not realize programs were offered
Educational opportunities
Trips/tours to local sites
Desire for social opportunities
Senior specific information identified
Open-ended Question:
Senior Programming Task Force Report
The survey represents a statically valid reflection of the over 50 years of age population of Oro Valley.
Current or past members of a Town facility favor activities and programs that are more physical or fitness-related compared to overall sample.
While a significant number of respondents indicated that they were cost conscious participants in recreational activities, the preferences of cost-conscious participants generally reflected the overall samples activity/program preferences.
Transportation is largely not a deciding factor in whether to participate in an activity or program. Only 12 percent of respondents indicated transportation was a contributing factor or the deciding factor in whether to participate.
Key Findings
Senior Programming Task Force Report
Recommendations for Parks and Recreation Department to develop
more programs and activities for seniors:
Promote existing activities and programs while increasing fitness offerings
Offer educational opportunities and hands-on classes
Develop opportunities for social groups and trips
Recommendations: Promote existing activities/programs while increasing fitness offerings
Senior Programming Task Force Report
Promote existing opportunities
Issue
Lack of information about programs
Solutions
Develop a targeted marketing program.
A Senior activities webpage or way to
denote senior specific activities was also
suggested for the web site.
Increase fitness offerings
Issue
Classes specifically for seniors currently exist, finding new instructors could be challenging based on instructor availability.
Solutions
Renew Active was implemented in June and we will be adding Silver Sneakers in early 2023. Working to secure Silver & Fit as additional senior activities are developed, space can be reserved and programmed, and senior-specific instructors can be sought.
Recommendations -Offer educational opportunities and hands-on classes
Senior Programming Task Force Report
Issue
Qualified instructors need to be located for lectures and arts classes. The potential topics and classes should be vetted through seniors themselves to ensure minimum attendance thresholds.
Solutions
If qualified instructors cannot be found or specialized equipment is needed, it would be advantageous to develop partnerships with other entities, such as Pima Community College. Lectures and classes offered by the Oro Valley Public Library and the Western National Parks Association should be investigated to avoid duplication of effort; partnerships with these groups may expand offerings
Recommendations -Develop social groups and trips
Senior Programming Task Force Report
Issue
Significant planning is needed
Affordable transportation Solutions
develop a calendar –possibly one activity a month to begin. Continue to identify these
activities and to judge interest and feasibility by participation rates.
Next Steps
Senior Programming Task Force Report
Focus on the three outcomes as priority programming
Develop a marketing/promotions strategy that focuses on 55+ population
Silver & Fit programs
Identify partners to begin an education/speaker series
Thank you to:
Task Force members:Staff:
Patricia Bacalis Nancy Ellis
Becky Foster Matthew Jankowski
Lois Feldman Brandon Laue
Lucy Kramer Misti Nowak
Cathy Wayand Karl Shaddock
Johnna Wills
Senior Programming Task Force Report
Town Council Regular Session A.
Meeting Date:01/04/2023
Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
Minutes - November 10, December 7 and December 14, 2022
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to approve (approve with the following changes) the November 10, December 7 and December 14, 2022
minutes.
Attachments
11-10-22 Draft Minutes
12-7-22 Draft Minutes
12-14-22 Draft Minutes
D R A F T
MINUTES
ORO VALLEY TOWN COUNCIL
SPECIAL SESSION
NOVEMBER 10, 2022
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive
Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the
Agenda.
SPECIAL SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Winfield called the meeting to order at 6:05 p.m.
ROLL CALL
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor
Tim Bohen, Councilmember
Harry Greene, Councilmember
Joyce Jones-Ivey, Councilmember (attended via Zoom)
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
PRESENTATIONS
1.Presentation and Introduction of Executive Search Firm for Town Manager Recruitment
Human Resource Director Andy Votava gave a brief overview of the executive search firm process
and introduced Ms. Heather Renschler, President and CEO of Ralph Anderson & Associates. Ms.
Renschler attended the meeting via Zoom.
Ms. Renschler provided an overview of Ralph Anderson & Associates and of the selection process.
11-10-22 Minutes, Oro Valley Town Council Special Session 1
SPECIAL SESSION AGENDA
1.DISCUSSION AND POSSIBLE ACTION ON TWO SEPARATE ITEMS REGARDING PROPOSED
CHANGES TO THE ORO VALLEY MARKETPLACE, LOCATED AT THE SOUTHWEST CORNER
OF TANGERINE AND ORACLE ROADS. THE ITEMS INCLUDE:
ITEM C: ORDINANCE NO. (O)22-05: PLANNED AREA DEVELOPMENT (PAD) AMENDMENT
ITEM D: REVISED MASTER DEVELOPMENT PLAN/CONCEPTUAL SITE PLAN
(Continued from the November 2, 2022 regular Council meeting)
Principal Planner Michael Spaeth started the presentation and included the following:
November 2, 2022 Public Hearing
Item C: PAD Amendment
Ms. Kari Silvyn of Lazarus and Silvyn continued the presentation and included the following:
The Team
Development Area 1
Tangerine Road Heights
Development Area 2 - Hotel
Development Area 2 - Apartments
Development Area 2 - Retail/Restaurant
Development Area 3
Development Area 4
Revised Conditions
Oro Valley Village Center
Economic Impact: Nov. 2022
Economic Impact: Feb. 2022 proposal
Oasis Park
Discussion ensued amongst Council, staff, Ms. Silvyn and the applicant, Mr. Horvath, regarding
Special Session item #1.
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to amend the
motion on the table from the November 2nd meeting and substitute that motion with the applicants'
proposed conditions as submitted to Council on November 10, 2022, and striking condition #7, no
senior care uses are permitted on the property, and incorporating the conditions agreed to by the
applicant.
Applicants Proposed Conditions as submitted 11-10-22:
1. All structures associated with apartment development in Area 1 shall be 2 and 3-stories as shown
on the plans, and buildings shall not be any closer to Tangerine Road than currently represented. All
2-story multi-family buildings within area 1 shall be limited to 29 feet inclusive of architectural features.
All 3-story multi-family buildings within area 1 shall be limited to 39 feet, inclusive of architectural
features.
2. The hotel in development area 2 shall be located as shown on the revised plans dated November
10, 2022 (south of the drive through restaurant use), and the 49’ plus 10’ for architecture is only
permitted for a hotel use. The applicant agreed to the following condition: The additional 10 feet of
height for architectural features for the Tangerine Road Hotel is limited to the Porte Cochere/Entry
area of the hotel.
a. If apartments are approved for Area 2, the apartments are permitted to be 3-stories, but limited to 39
11-10-22 Minutes, Oro Valley Town Council Special Session 2
a. If apartments are approved for Area 2, the apartments are permitted to be 3-stories, but limited to 39
feet inclusive of architectural features and will be not closer to Tangerine Road than currently
represented.
b. If Area 2 is to be developed without a hotel or apartments, Area 2 can be retail/restaurant as shown
on the approved Development Plan along with one drive through not subject to a CUP, but subject to
the staff traffic review as stated in the PAD amendment.
3. In development area 4, the 49’ plus 10’ for architectural feature height allowance is permitted for
hotel use only.
4. One hotel in the project must receive a certificate of occupancy prior to the certificate of occupancy
being issued for any apartments.
5. Regarding the two buildings proposed in the northeast portion of development area 3, the following
restrictions apply:
a. If only retail is viable, then retail/restaurant shall be permitted.
b. If hotel or multi-family is viable, then the building must have retail/restaurant within first-floor
space(s), with either multi-family or hotel permitted using part of the first floor and then on the
remaining floors.
c. The 49’ plus 10’ for architectural features height allowance is permitted for only the mixed
retail/restaurant and either hotel or multi-family use.
6. The portions of the Entertainment District area that must be constructed in a form accepted by the
Town and in place prior to certificate of occupancy for any apartment development are those required
to fulfill the Town Code open space recreational requirement for the apartments. Developer may apply
for an economic incentive agreement with the Town to facilitate the additional amenity construction
within the Entertainment District.
7. No senior care uses are permitted on the property.
8. Architectural features for hotel(s) may comprise no more than 20% of the roofline as viewed from
any 1 side, except for parapet walls used only to screen mechanical equipment.
9. All amenities shown within the Entertainment District will be part of the public/private partnership
and a separate agreement with the Town, which could include public engagement by the Town OF
ORO VALLEY citizens to identify the amenities per that agreement.
10. Revise Condition #14 first sentence to state: “The Area 2, Option B (Apartments) must include an
open space/dog park/ramada/playground and other small outdoor active amenity space (not including
a pool) to reflect amenities within Area 1.”
Discussion ensued amongst Coucil, staff, Ms. Silvyn, and Mr.Horvath regarding the substitute motion
as amended by Councilmember Solomon.
Vice Mayor Barrett requested an amendment to require that the hotel in area 4 must receive a
certificate of occupancy prior to the certificate of occupancy being issued for any apartments in area
4. Councilmember Solomon accepted the amendment, seconded by Councilmember Greene.
Discussion continued amongst Council, staff, Ms. Silvyn and Mr. Horvath.
Mayor Winfield requested an amendment to the motion to leave in condition #7, no senior care uses
are permitted on the property. Councilmember Solomon accepted the amendment, Councilmember
Greene did not accept the amendment.
Discussion continued regarding senior care uses as defined in condition #7.
Mayor Winfield requested an amendment to leave in condition #7, no senior care uses are permitted
on the property. Councilmember Solomon accepted the amendment, seconded by Councilmember
Greene.
Vice Mayor Barrett requested an amendment to include the language "open to the public" in
condition #5b. Councilmember Solomon accepted the amendment, seconded by Councilmember
Greene.
Vice Mayor Barrett requested an amendment to Condition #5c to include the language, "the 49' plus
11-10-22 Minutes, Oro Valley Town Council Special Session 3
10' for architectural features height allowance is permitted for hotel use only in development area 3".
Councilmember Solomon did not accept the amendment.
Vice Mayor Barrett requested that condition #8 , #7 from Attachment 1 - Conditions of Approval, as
provided on November 10, 2022, be stricken. This amendment was not accepted by Councilmember
Solomon and Councilmember Greene.
Vice Mayor Barrett requested that condition #10 be stricken from the motion. Councilmember
Solomon did not accept the amendment.
Councilmember Bohen requested clarification on condition #9 from Mr. Rothschild. Mr. Rothschild
stated the following language should be utilized for condition #9: All amenities shown within the
Entertainment District will be subject to a separate agreement with the Town, which will include
public engagement by the Town of Oro Valley citizens to identify the amenities per that agreement.
Councilmember Solomon agreed to the amendment, seconded by Councilmember Greene.
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to amend the
motion on the table from the November 2nd meeting and substitute that motion with the applicants'
proposed conditions as submitted to Council on November 10, 2022, and to include the following
amendments as stipulated by Council.
Applicants proposed conditions:
1. All structures associated with apartment development in Area 1 shall be 2 and 3-stories as shown
on the plans, and buildings shall not be any closer to Tangerine Road than currently represented. All
2-story multi-family buildings within area 1 shall be limited to 29 feet inclusive of architectural features.
All 3-story multi-family buildings within area 1 shall be limited to 39 feet, inclusive of architectural
features.
2. The hotel in development area 2 shall be located as shown on the revised plans dated November
10, 2022 (south of the drive through restaurant use), and the 49’ plus 10’ for architecture is only
permitted for a hotel use. The applicant agreed to the following condition: The additional 10 feet of
height for architectural features for the Tangerine Road Hotel is limited to the Porte Cochere/Entry
area of the hotel.
a. If apartments are approved for Area 2, the apartments are permitted to be 3-stories, but limited to 39
feet inclusive of architectural features and will be not closer to Tangerine Road than currently
represented.
b. If Area 2 is to be developed without a hotel or apartments, Area 2 can be retail/restaurant as shown
on the approved Development Plan along with one drive through not subject to a CUP, but subject to
the staff traffic review as stated in the PAD amendment.
3. In development area 4, the 49’ plus 10’ for architectural feature height allowance is permitted for
hotel use only.
4. THE HOTEL IN AREA 4 in the project must receive a certificate of occupancy prior to the certificate
of occupancy being issued for any apartments IN AREA 4.
5. Regarding the two buildings proposed in the northeast portion of development area 3, the following
restrictions apply:
a. If only retail is viable, then retail/restaurant shall be permitted.
b. If hotel or multi-family is viable, then the building must have retail/restaurant OPEN TO THE
PUBLIC within first-floor space(s), with either multi-family or hotel permitted using part of the first floor
and then on the remaining floors.
c. The 49’ plus 10’ for architectural features height allowance is permitted for only the mixed
retail/restaurant and either hotel or multi-family use.
6. The portions of the Entertainment District area that must be constructed in a form accepted by the
Town and in place prior to certificate of occupancy for any apartment development are those required
to fulfill the Town Code open space recreational requirement for the apartments. Developer may apply
for an economic incentive agreement with the Town to facilitate the additional amenity construction
within the Entertainment District.
7. No senior care uses are permitted on the property.
8. Architectural features for hotel(s) may comprise no more than 20% of the roofline as viewed from
any 1 side, except for parapet walls used only to screen mechanical equipment.
11-10-22 Minutes, Oro Valley Town Council Special Session 4
9. All amenities shown within the Entertainment District will be subject to the public/private
partnership and a separate agreement with the Town, which could WILL include public engagement
by the Town OF ORO VALLEY citizens to identify the amenities per that agreement.
10. Revise Condition #14 first sentence to state: “The Area 2, Option B (Apartments) must include an
open space/dog park/ramada/playground and other small outdoor active amenity space (not
including a pool) THAT IS COMMENSURATE to reflect amenities within Area 1.”, MINUS THE
POOL AND INDOOR CLUBHOUSE.
Vote: 6 - 1 Carried
OPPOSED: Councilmember Tim Bohen
Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Harry Greene to approve the
Revised Master Development Plan/Conceptual Site Plan, subject to the conditions in Attachment 1,
Item D, subject to the conditions in the applicants' proposed conditions, as amended, and approved in
item C, based on a finding it is in conformance with all applicable General Plan and Zoning Code
requirements
Attachment 1 - Conditions of Approval
Item D – Revised Master Development Plan/Conceptual Site, Landscape and Recreation Area Plans
8. Transfer of ownership from Arizona Department of Transportation and the Town of Oro Valley to
parties affiliated with Oro Valley Marketplace must be accomplished prior to issuance of any building or
grading permits in areas where development is planned within existing public rights of-way.
9. Evaluate and eliminate gaps in pedestrian serving lighting along the pedestrian route leading from
the Tangerine Apartments and along the building frontages adjacent to Tangerine Road to the
Entertainment District in order to ensure a continuous level of safety. [ADDED BY COMMISSION]
10. Significant changes, as determined by the PZA, to the Entertainment District requires
reconsideration by Town Council.
11. Pedestrian level safety lighting must be installed within the Entertainment District and along the
CDO Multi-use path in accordance with Oro Valley Code and current IESNA standards to ensure
acceptable levels, distribution and type of lighting as determined by the Planning and Zoning
Administrator and Town Engineer. At a minimum, the CDO Multi-use path pedestrian level lighting must
be provided continuously along the south side of the Tangerine Apartments to the connecting
pedestrian path leading to the development area south of Water Harvest Way. [ADDED BY
COMMISSION]
12. All pedestrian crosswalks on Water Harvest Way not located at a traffic signal intersection shall be
improved with raised pedestrian tables and safety measures that trigger driver awareness (e.g.
reflectors, lighted crosswalk signs, etc.) as determined by the Town Engineer. All existing speed tables
shall be removed to accommodate new ones at required pedestrian crossings.
13. A continuous and direct pedestrian connection and associated improvements must be provided to
link the southern edge of the Oracle Road inline grouping of retail buildings (Best Buy, Tuesday
Morning etc.), Oracle apartments and the adjacent building pad to the south (Red Lobster etc.).
14. The Area 2, Option B (Apartments) must include a pool, clubhouse, and dog park to reflect
amenities provided in Area 1. The wall depicted in this option adjacent to Water Harvest Way (shown
as “Retaining Wall”) is required and must be a minimum of 6’ in height to deter pedestrian traffic.
Further, a row of cacti or other similar vegetation containing thorns, spines or sharp leaves shall be
provided adjacent to the inside portion of the wall. The Master Development Plan shall be updated
accordingly subject to Planning and Zoning Administrator and Town Engineer approval.
Vote: 6 - 1 Carried
11-10-22 Minutes, Oro Valley Town Council Special Session 5
OPPOSED: Councilmember Tim Bohen
11-10-22 Minutes, Oro Valley Town Council Special Session 6
ADJOURNMENT
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene the adjourn the Special
Session at 8:15 p.m.
Vote: 7 - 0 Carried
_________________________________________
Michelle Stine, MMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the
Town of Oro Valley Council of Oro Valley, Arizona held on the 10th day of November 2022. I further certify that the
meeting was duly called and held and that a quorum was present.
_____________________________________
Michael Standish, CMC
Town Clerk
11-10-22 Minutes, Oro Valley Town Council Special Session 7
D R A F T
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR AND STUDY SESSION
DECEMBER 7, 2022
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Winfield called the meeting to order at 6:03 p.m.
ROLL CALL
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor
Tim Bohen, Councilmember
Harry Greene, Councilmember
Joyce Jones-Ivey, Councilmember (attended via Zoom)
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
PLEDGE OF ALLEGIANCE
Mayor Winfield led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Clerk Mike Standish announced the upcoming Town meetings.
MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS
Councilmember Greene provided a brief overview of Pearl Harbor and the significance of this event.
Mayor Winfield reported that he had met with several Navy officials in preparation for the planning of
Navy Week.
Mayor Winfield reported that he had attended the Tucson Hispanic Chamber of Commerce 40 under
40 Awards event, and recognized Interim Town Manager Chris Cornelison as an award recipient.
TOWN MANAGER'S REPORT ON CURRENT EVENTS
12-7-22 Minutes, Town Council Regular and Study Session 1
TOWN MANAGER'S REPORT ON CURRENT EVENTS
Interim Town Manager Chris Cornelison provided an update on the re-scheduled Oro Valley Tree
Lighting event.
ORDER OF BUSINESS
Mayor Winfield reviewed the order of business and stated that the order would stand as posted.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
Oro Valley resident Doug Dalby voiced his concerns regarding the proposed Oro Valley Church of the
Nazarene rezoning request.
Oro Valley resident Anthony Ferrara voiced his concerns regarding the proposed Oro Valley Church
of the Nazarene rezoning request.
Oro Valley resident Ann Young voiced her concerns regarding the proposed Oro Valley Church of the
Nazarene rezoning request.
Oro Valley resident Joanne Michaelsen voiced her concerns regarding the proposed Oro Valley
Church of the Nazarene rezoning request.
Oro Valley resident Jerry Michaelsen voiced his concerns regarding the proposed Oro Valley Church
of the Nazarene rezoning request.
Oro Valley resident Tim Tarris voiced his concerns regarding the proposed Oro Valley Church of the
Nazarene rezoning request.
PRESENTATIONS
1.Presentation and update by Hilary Van Alsburg, Executive Director of the Children's Museum Oro
Valley
Community and Economic Development Director Paul Melcher gave a brief overview of Presentation
item #1 and introduced the Executive Director of the Children's Museum Oro Valley, Hilary Van
Alsburg. Ms. Van Alsburg presented item #1 and included the following:
Children's Museum Oro Valley
Town of Oro Valley support
Collaboration with Tohono Chul
What's next?
New exhibits at CMOV@TC
Discussion ensued amongst Council, staff and Ms. Van Alsburg.
12-7-22 Minutes, Town Council Regular and Study Session 2
2.Presentation regarding the Town's progress on implementing the Your Voice, Our Future General Plan
Principal Planner Milini Simms presented item #2 and included the following:
Purpose
Implementing the General Plan
2022 Progress Report
Notable accomplishments and ongoing work
Upcoming projects
Remaining items
Conclusion
Discussion ensued amongst Council and staff regarding the Town's progress on implementing the
Your Voice, Our Future General Plan.
CONSENT AGENDA
Vice Mayor Barrett requested that Consent item (A) be removed from the Consent Agenda for
discussion.
B.Adoption of the 2023 regular Town Council meeting schedule
C.Approval of Council Liaison assignments for 2023
D.(Re)appointments and/or appointments to the Budget and Finance Commission (BFC), Parks and
Recreation Advisory Board (PRAB), Planning and Zoning Commission (PZC), Stormwater Utility
Commission (SWUC), and Water Utility Commission (WUC)
E.Resolution No. (R)22-53, approving the Town's Legislative Agenda, protocols guiding the Town’s
priorities for the 2023 legislative session and any lobbying activities
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve
Consent Agenda items (B) through (E).
Vote: 7 - 0 Carried
A.Minutes - November 10 and November 16, 2022
Vice Mayor Barrett voiced her concerns regarding the November 10, 2022 draft minutes.
Discussion ensued amongst Council and staff regarding the November 10, 2022 draft minutes.
Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to have the November
10, 2022 minutes reflect that the 59' hotel height be limited to the hotel entrance only in development
area two
No vote was taken for this motion.
Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to continue the
12-7-22 Minutes, Town Council Regular and Study Session 3
Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to continue the
November 10, 2022 minutes until further review of the video, to determine if the original motion
included instruction as to the limitations regarding the 59' height on the hotel in area 2
Vote: 7 - 0 Carried
Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to approve the
November 16, 2022 minutes.
Vote: 7 - 0 Carried
REGULAR AGENDA
1.NOMINATION AND ELECTION OF VICE MAYOR
Motion by Councilmember (attended via Zoom) Joyce Jones-Ivey, seconded by Councilmember
Harry Greene to nominate Melanie Barrett for Vice Mayor.
Vote: 7 - 0 Carried
2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A
SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR STACKS BOOK CLUB, LOCATED AT
1880 E. TANGERINE ROAD, #140
Town Clerk Mike Standish provided the information for item #1.
Mayor Winfield opened the public hearing.
No comments were received.
Mayor Winfield closed the public hearing.
Motion by Councilmember Harry Greene, seconded by Vice-Mayor Melanie Barrett to recommend
approval of the issuance of a Series 7 Liquor License to the Arizona Department of Liquor Licenses
and Control for Crispin Matthew Jeffrey Franco for Stacks Book Club, located at 1880 E. Tangerine
Road, #140.
Discussion ensued amongst Council and staff regarding item #2.
Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Harry Greene to recommend
approval of the issuance of a Series 7 Liquor License to the Arizona Department of Liquor Licenses
and Control for Crispin Matthew Jeffrey Franco for Stacks Book Club, located at 1880 E. Tangerine
Road, #140.
Vote: 7 - 0 Carried
3.DISCUSSION AND POSSIBLE DIRECTION FOR UTILIZING $5.4 MILLION IN RESTRICTED ARPA
FUNDS
Chief Financial Officer Dave Gephart provided a brief overview of item #3.
12-7-22 Minutes, Town Council Regular and Study Session 4
Chief Financial Officer Dave Gephart provided a brief overview of item #3.
The following individual spoke regarding item #3.
Oro Valley resident Tony D'Angelo
Discussion ensued amongst Council and staff regarding item #3.
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene that the $5.4
million in restricted ARPA funds be allocated for use of the potential extension of the Town's reclaimed
water system to irrigate the remaining Oro Valley parks and Push Ridge Golf Course that are currently
on potable water.
Discussion continued amongst Council and staff regarding item #3.
Motion by Councilmember Steve Solomon, seconded by Mayor Joseph C. Winfield to call the
question
Vote: 6 - 1 Carried
OPPOSED: Vice-Mayor Melanie Barrett
Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to use the
$5.4 million in restricted ARPA funds to extend the reclaimed water line to cover James D. Kreigh Park,
Riverfront Park and the Pusch Ridge Golf Course.
Vote: 2 - 5 Failed
OPPOSED: Mayor Joseph C. Winfield
Vice-Mayor Melanie Barrett
Councilmember Tim Bohen
Councilmember (attended via Zoom) Joyce Jones-Ivey
Councilmember Josh Nicolson
Motion by Vice-Mayor Melanie Barrett, seconded by Mayor Joseph C. Winfield to continue the item
to a date unspecified.
Vote: 7 - 0 Carried
FUTURE AGENDA ITEMS
No future agenda items were requested.
ADJOURNMENT OF THE REGULAR SESSION
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to adjourn the
regular session at 8:11 p.m.
Vote: 7 - 0 Carried
Mayor Winfield recessed the meeting at 8:12 p.m.
Mayor Winfield reconvened the meeting at 8:24 p.m.
12-7-22 Minutes, Town Council Regular and Study Session 5
STUDY SESSION
CALL TO ORDER
Mayor Winfield called the Study Session to order at 8:25 p.m.
STUDY SESSION AGENDA
1.PRESENTATION AND POSSIBLE DISCUSSION REGARDING PROPOSED TOWN CODE
REGULATIONS FOR VACATION AND SHORT-TERM RENTALS
Community and Economic Development Director Paul Melcher presented Study Session item #1 and
included the following:
Presentation Goals
Short-Term Rental Regulations per A.R.S. 9-500.39
Vacation and Short Term Rentals: the "Flipped Switch" for A.R.S. 9-500-39?
Short Term Rental Basics
3 Possible Paths Forward
SRT Annual License Anticipated Workflow: Path 2
Enforcement and Penalties, Appeals
Community Information and Outreach
Next Steps
Discussion ensued amongst Council and staff during and after the Study Session presentation for
item #1.
No action was taken on this item.
2.PRESENTATION AND POSSIBLE DISCUSSION OF ORO VALLEY EMPLOYEE BENEFITS TRUST
Chief Financial Officer Dave Gephart provided a brief overview of Study Session item #2 and
introduced Human Resources Director Andy Votava, Legal Services Director Tobin Sidles and CBIZ
Consultant Oscar Diaz. Mr. Diaz attended the meeting via phone.
Mr. Gephart started the presentation and included the following:
Town of Oro Valley Employee Benefits Trust
Mr. Sidles continued the presentation and included the following:
Legal
Mr. Gephart continued the presentation and included the following:
Financial
Discussion ensued amongst Council and staff regarding the OroValley Employee Benefits trust.
12-7-22 Minutes, Town Council Regular and Study Session 6
Mr. Votava continued the presentation and included the following:
Administrative
CBIZ's Employee Benefits Trust Services and Support
Mr. Diaz provided a brief overview of the trust services and support that CBIZ would provide for the
Employee Benefits Trust.
Discussion continued amongst Council, staff, and Mr. Diaz regarding the Oro Valley Employee
Benefits Trust.
No action was taken on this item.
ADJOURNMENT
Mayor Winfield adjourned the meeting at 10:38 p.m.
_________________________________
Michelle Stine, MMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular and study
session of the Town of Oro Valley Council or Oro Valley, Arizona held on the 7th day of December 2022. I further
certify that the meeting was duly called and held and that a quorum was present.
_______________________________________
Michael Standish, CMC
Town Clerk
12-7-22 Minutes, Town Council Regular and Study Session 7
D R A F T
MINUTES
ORO VALLEY TOWN COUNCIL
SPECIAL SESSION
DECEMBER 14, 2022
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive
Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the
Agenda.
SPECIAL SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Mayor Winfield called the meeting to order at 6:01 p.m.
ROLL CALL
Present: Joseph C. Winfield, Mayor
Melanie Barrett, Vice-Mayor
Tim Bohen, Councilmember
Joyce Jones-Ivey, Councilmember
Josh Nicolson, Councilmember
Steve Solomon, Councilmember
Absent:Harry Greene, Councilmember
SPECIAL SESSION AGENDA
1.DISCUSSION AND POSSIBLE DIRECTION ON THE TOWN MANAGER RECRUITMENT AND
PROCESS
Human Resources Director Andy Votava gave a brief overview of item #1. Mr. Votava introduced Ms.
Heather Renschler, President and CEO of Ralph Anderson & Associates. Ms. Renschler attended
the meeting via Zoom and provided a brief presentation regarding the Town Manager recruitment
and process and included the following:
The Mission
Discussion ensued amongst Council and staff regarding the Town Manager recruitment and process.
Council provided direction to Ms. Renschler regarding proposed revisions to the Town Manager
recruitment brochure. Ms. Renschler will provide the revised draft brochure to Council for their
independent review. Any additional comments from Council would be provided directly to Human
12/14/22 Minutes, Oro Valley Town Council Special Session 1
Resource Director Andy Votava. Mr. Votava will provide the compiled comments to Mayor Winfield
for final review and approval.
ADJOURNMENT
Motion by Mayor Joseph C. Winfield, seconded by Councilmember Joyce Jones-Ivey to adjourn the
meeting at 8:47 p.m.
Vote: 6 - 0 Carried
_____________________________________________
Michelle Stine, MMC
Deputy Town Clerk
hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the
Town of Oro Valley Council of Oro Valley, Arizona held on the 14th day of December 2022. I further certify that the
meeting was duly called and held and that a quorum was present.
___________________________________________
Michael Standish, CMC
Town Clerk
12/14/22 Minutes, Oro Valley Town Council Special Session 2
Town Council Regular Session B.
Meeting Date:01/04/2023
Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
Appointments to the Historic Preservation Commission (HPC) and the Planning and Zoning Commission (PZC)
RECOMMENDATION:
Outlined below is information for each board and commission with regard to appointment recommendations:
Historic Preservation Commission (HPC)
The HPC interview panel has recommended the following appointment:
Ronald Scantlan
Planning and Zoning Commission (PZC)
The PZC interview panel has recommended the following appointments:
Anna Clark
Andrew Hoffman
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
The applications for the prospective new board and commission members are attached.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE that the following appointments to the HPC and PZC be made effective January 5, 2023:
Historic Preservation Commission (HPC)
Ronald Scantlan for a partial term expiring December 31, 2023
Planning and Zoning Commission (PZC)
Anna Clark for a term expiring December 31, 2024
Andrew Hoffman for a term expiring December 31, 2024
Attachments
Applications
Submit Date: Nov 30, 2022
First Name Middle Initial Last Name Suffix
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Town of Oro Valley Boards & Commissions
Profile
Are you a full time Oro Valley resident (resides in Oro Valley 6 or more months a year) *
Yes
Number of years in Oro Valley (If less than 1 year, please state number of months)
7
Which Boards would you like to apply for?
Historic Preservation Commission: Submitted
Interests & Experiences
Please list your volunteer services in Oro Valley and with other organizations including any
boards or commissions on which you have served : (board/commission , civic, educational,
cultural, social, etc.)
As a School Administrator I volunteered many hours supporting school board members and their search
to improve our school district Also please see attached resume
How does your previous volunteer service prepare you for the board or commission
appointment for which you have applied? Please describe an issue considered at a meeting
of the Board or Commission for which you are applying.
As a School Administrator I was responsible for preserving structures and artifacts. Annually, I also had
documents, pictures, awards, artwork yearbook, trophies and memorabilia sent to the American Overseas
Schools Historical Society (AOSHS) to preserve a historic record of our schools. I also worked directly
with military base Historians to include our documents and data for military base and community history.
Also please see attached additional information.
Ronald R Scantlan
Oro Valley AZ 85737
Mobile:
Ronald R Scantlan
Upload a Resume
Please attach any additional documents here
Briefly describe your educational/vocational background.
please see attached resume
Have you attended the Community Academy or CPI?
Yes No
If yes, what year?
If no, are you willing to attend?
Yes No
Please Agree with the Following Statement
I agree that the information provided in my application is true and correct
I Agree *
Ronald R Scantlan
Submit Date: Dec 13, 2022
First Name Middle Initial Last Name Suffix
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Town of Oro Valley Boards & Commissions
Profile
Are you a full time Oro Valley resident (resides in Oro Valley 6 or more months a year) *
Yes
Number of years in Oro Valley (If less than 1 year, please state number of months)
22
Which Boards would you like to apply for?
Planning and Zoning Commission: Submitted
Interests & Experiences
Please list your volunteer services in Oro Valley and with other organizations including any
boards or commissions on which you have served : (board/commission , civic, educational,
cultural, social, etc.)
Chairman, Parks and Recreation Advisory Board Vice Chairman, Parks and Recreation Advisory Board
Interim President, North West Republican Association 2nd Vice Chairman, Pima County Republican Party
(Fundraising and Events Chair)
How does your previous volunteer service prepare you for the board or commission
appointment for which you have applied? Please describe an issue considered at a meeting
of the Board or Commission for which you are applying.
I know how to serve on a board and the work that it entails. Being a member of a board requires not only
professionalism, but a willingness to not only serve the board as a whole, but to serve your community as
a whole. When I served as the chairman of the PRAB, we worked together as a board to accomplish the
10 year Parks and Rec Plan to the town as well as make recommendations for the $25 Million dollar bond
for our Oro Valley Parks.
Anna Clark
Oro Valley AZ 85755
Mobile: Home:
Anna Clark
Upload a Resume
Please attach any additional documents here
Briefly describe your educational/vocational background.
I am currently employed as a marketing specialist and have extensive background in working in a group
setting to get tasks and projects accomplished. I have expertise in team leadership, program management
and complex problem-solving. Accomplishments include elevating candidate profiles, improving public
perception, building name recognition and enhancing the complete digital presence with a revamp of all
pages and profiles. Forward-thinking and tenacious with a persuasive style.
Question applies to Planning and Zoning Commission
Please describe an issue or project you contributed to which related specifically to
conceptual design?
I have dealt extensively with park conceptual designs when working on the 10 year Parks plan for the
town of Oro Valley.
Question applies to Planning and Zoning Commission
For each selection you made above, please provide your years of experience and a
generalized description of your professional design background in that area.
4 years on the PRAB board.
Have you attended the Community Academy or CPI?
Yes No
If yes, what year?
2019
If no, are you willing to attend?
Yes No
Please Agree with the Following Statement
I agree that the information provided in my application is true and correct
I Agree *
Anna Clark
Submit Date: Mar 29, 2022
First Name Middle Initial Last Name Suffix
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Town of Oro Valley Boards & Commissions
Profile
Are you a full time Oro Valley resident (resides in Oro Valley 6 or more months a year) *
Yes
Number of years in Oro Valley (If less than 1 year, please state number of months)
3
Which Boards would you like to apply for?
Planning and Zoning Commission: Submitted
Interests & Experiences
Please list your volunteer services in Oro Valley and with other organizations including any
boards or commissions on which you have served : (board/commission , civic, educational,
cultural, social, etc.)
Oro Valley Little League. Educational boards for higher education related to technology, new facilities and
site selection.
How does your previous volunteer service prepare you for the board or commission
appointment for which you have applied? Please describe an issue considered at a meeting
of the Board or Commission for which you are applying.
I am a dedicated, calm and respectful individual who has spent years working with CEO, CFO and CIO
positions to help them realize their projects and get them to completion. I am well versed in all aspects of
construction technology and site development and public utility easements.
Andrew Hoffman
Oro Valley AZ 85737
Mobile:
Andrew Hoffman
Upload a Resume
Please attach any additional documents here
Briefly describe your educational/vocational background.
No college degree but you can see that the positions i held and who i worked for speak for themselves. I
currently own a Infrastructure / Managed Services Provider company with employees which has been in
business since 2010.
Question applies to Planning and Zoning Commission
Please describe an issue or project you contributed to which related specifically to
conceptual design?
Throughout my career I have been responsible for building design & development, site selection and
management of the construction. I have managed facility groups and worked through everything from floor
plans to innovative ways to reduce energy consumption.
Question applies to Planning and Zoning Commission
For each selection you made above, please provide your years of experience and a
generalized description of your professional design background in that area.
30+ years of technology management. I have been senior management for Infrastructure and Operations
at Intel, Voicestream (Merger), Tmobile (Merger), Digital Globe, Spectrum Astro and the US Air Force and
others in Aerospace Technology and Higher Education. Please Note the Resume is old.
Have you attended the Community Academy or CPI?
Yes No
If yes, what year?
Enrolled Now
If no, are you willing to attend?
Yes No
Please Agree with the Following Statement
I agree that the information provided in my application is true and correct
I Agree *
Andrew Hoffman
Submit Date: Nov 21, 2022
First Name Middle Initial Last Name Suffix
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Town of Oro Valley Boards & Commissions
Profile
Are you a full time Oro Valley resident (resides in Oro Valley 6 or more months a year) *
Yes
Number of years in Oro Valley (If less than 1 year, please state number of months)
16
Which Boards would you like to apply for?
Storm Water Utility Commission: Submitted
Interests & Experiences
Please list your volunteer services in Oro Valley and with other organizations including any
boards or commissions on which you have served : (board/commission , civic, educational,
cultural, social, etc.)
Was member of initial SWUC, 2001-2004, which prepared the Town's original SWMP for submittal to
ADEQ. Between 2004-2008 worked for Town on storm water program activities as well as floodplain
management needs including preparation of updated floodplain ordinance, and developed information
requisite to the adoption of the first fee for storm water program. In the past year, As a volunteer helped
prepare the 2014/15 SWMP report to ADEQ and have reviewed some chapters of floodplain ordinance
which is under revision.
Richard O Hawkinson Mr
Oreo Valley AZ 85737
Mobile: Home:
Richard O Hawkinson Mr
Upload a Resume
Please attach any additional documents here
How does your previous volunteer service prepare you for the board or commission
appointment for which you have applied? Please describe an issue considered at a meeting
of the Board or Commission for which you are applying.
Having volunteered and worked for the Town, I am aware of many of the water quality and drainage
issues in the Town. Also, have knowledge of other potential funding sources that on occasion could be
available to help support program needs. I do not have resume on my computer but can provide hard
copies as needed--please let me know.
Briefly describe your educational/vocational background.
BS and MS, 1966 and 1968, from University of Arizona. One year of additional graduate education at
Johns Hopkins University, 1975-76 in environmental engineering program. Hydrologist with U.S.
Geological Survey from 1968 to 2000 when I retired.
Have you attended the Community Academy or CPI?
Yes No
If yes, what year?
2018
If no, are you willing to attend?
Yes No
Please Agree with the Following Statement
I agree that the information provided in my application is true and correct
I Agree *
Richard O Hawkinson Mr
Town Council Regular Session 1.
Meeting Date:01/04/2023
Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 7
(BEER AND WINE BAR) LIQUOR LICENSE FOR CHINA VALLEY RESTAURANT, LOCATED AT 10110 N.
ORACLE ROAD, #180
RECOMMENDATION:
Staff recommends approval of this liquor license to the Arizona Department of Liquor Licenses and Control for the
following reasons:
1. No protests to this license have been received.
2. The necessary background investigation was conducted by the Police Department.
3 The Police Department has no objection to the approval of the Series 7 Liquor License.
EXECUTIVE SUMMARY:
An application for a new Series 7 (Beer and Wine Bar) Liquor License has been submitted by Shuiyun Chen for
China Valley Restaurant located at 10110 N. Oracle Road, #180.
Mr. Chen has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of Liquor
Licenses and Control, and has paid all related fees associated with applying for the liquor license ($500 Application
Processing Fee).
The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, is
responsible for reviewing and processing state liquor applications. After meeting the DLLC's application and review
requirements, the liquor license application is sent to the jurisdiction in which it is located for a public hearing and a
recommendation from the local governing body.
BACKGROUND OR DETAILED INFORMATION:
The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License
Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person
and/or location to location within the same county and allows the holder both on- & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily in
individual portions, to be consumed on the premises and in the original container for consumption on or off the
premises.
A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection
with a retail sale. A.R.S. 4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar
license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that
location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-sale
operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made
no later than the time of delivery.
In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the
premises of the applicant's property, ending December 8, 2022. No protests were received during this time period.
Police Chief Kara Riley completed a standard background check on China Valley Restaurant and Agent/Owner
Shuiyun Chen. Chief Riley has no objection to the approval of the Series 7 (Beer and Wine Bar) License.
FISCAL IMPACT:
Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to
cover the costs incurred by the Town to process the application.
Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in
spirituous liquor within the Town shall pay an annual license fee of $80 to the Town.
SUGGESTED MOTION:
I MOVE to RECOMMEND APPROVAL of the issuance of a Series 7 Liquor License to the Arizona Department of
Liquor Licenses and Control for Shuiyun Chen for China Valley Restaurant, located at 10110 N. Oracle Rd., #180.
or
I MOVE to RECOMMEND DENIAL of the issuance of a Series 7 Liquor License to the Arizona Department of
Liquor Licenses and Control for Shuiyun Chen for China Valley Restaurant, located at 10110 N. Oracle Rd., #180.
or
I MOVE that NO RECOMMENDATION be made regarding the issuance of a Series 7 Liquor License to the Arizona
Department of Liquor Licenses and Control for Shuiyun Chen for China Valley Restaurant, located at 10110 N.
Oracle Rd., #180.
Attachments
PD Approval
Series 7 Description
Application
License Type: Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from
person to person and/or location to location within the same county and allows the holder both on- &
off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine
(no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in
the original container for consumption on or off the premises. A retailer with off-sale ("To Go")
privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale.
A.R.S. 4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license
shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that
location. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of off-
sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment
must be made no later than the time of delivery.
•
State of Arizona
Department of Liquor Licenses and Control
Created 11/09/2022 @ 10:30:08 AM
Local Governing Body Report
LICENSE
Number:
Name:
State:
Issue Date:Expiration Date:09/30/2023
Original Issue Date:03/12/1986
Location:10110 N ORACLE ROAD
#180
ORO VALLEY, AZ 85704
USA
Mailing Address:10110 N ORACLE ROAD
#180
07100505 Type:007 BEER AND WINE
BAR
Phone:
Alt. Phone:
Email:
CHINA VALLEY RESTAURANT
Pending
ORO VALLEY, AZ 85704
USA
(520)354-2907
SHUIYUNCHEN88@GMAIL.COM
Currently, this license has pending applications.
AGENT
Name:SHUIYUN CHEN
Gender:Male
Correspondence Address:10110 N ORACLE ROAD
#180
Phone:
Alt. Phone:
Email:
ORO VALLEY, AZ 85704
USA
(520)499-7959
SHU1YUNCHEN88(a,GMAIL.COM
OWNER
Page I of 3
Town Council Regular Session 2.
Meeting Date:01/04/2023
Requested by: Town Council Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED AMENDMENTS TO TOWN CODE CHAPTER
8 REGARDING SHORT TERM AND VACATION RENTAL LICENSING REQUIREMENTS
A. RESOLUTION NO. (R)23-02, DECLARING THE PROPOSED TOWN CODE
AMENDMENTS TO CHAPTER 8 REGARDING SHORT TERM AND VACATION
RENTAL LICENSING REQUIREMENTS IN ATTACHMENT 1 AND FILED WITH THE
TOWN CLERK, A PUBLIC RECORD
B. PUBLIC HEARING: ORDINANCE NO. (O)23-01, AMENDING TOWN CODE
CHAPTER 8 BY ADDING SHORT TERM AND VACATION RENTAL LICENSING
REQUIREMENTS
RECOMMENDATION:
Staff recommends approval of the Short Term Rental Ordinance as presented or amended by Town Council.
EXECUTIVE SUMMARY:
The attached draft ordinance incorporates Town Council comments from the December 7, 2022 work session. At
this point, none of the optional provisions collected from other cities/towns presented at the work session are
included.
There are some operational considerations that will be recognized but will not be included as part of the ordinance
as they are more administrative in nature. These include:
1. Providing all the HOAs a list of all short-term rentals that register with the Town.
2. Providing a webpage dedicated to short-term rental information for both owners and residents, including links to
all the forms necessary for a property owner to license a short-term rental.
3. Access to SmartGov via the business license portal to register properties as rentals and update information as
needed.
BACKGROUND OR DETAILED INFORMATION:
At the Town Council regular meeting on September 7, 2022, Town Council requested staff to present a Short Term
Rental Ordinance that included the strictest requirements possible based on the League of Arizona Cities and
Towns model Short Term Rental Ordinance. Several Town Councilmembers also referenced the Short Term
Rental codes adopted by other Arizona cities and towns such as Paradise Valley, Scottsdale, Sedona, and others
from which Town Council could develop a Short Term Rental Ordinance.
During the regular Town Council meeting of December 7, 2022, Town staff presented a draft ordinance based on
the League of Arizona Cities and Towns model Short Term Rental Ordinance and additional code provisions for
consideration. The attached ordinance reflects requested changes by Town Council. However, the Council has the
opportunity to discuss the attached ordinance and make changes as needed prior to approval.
FISCAL IMPACT:
Based on the current/proposed version of the Ordinance, there is not an expected increase in the proposed $80
fee, nor is there an anticipated impact on Community and Economic Development Inspections and Business
Licensing.
SUGGESTED MOTION:
The Town Council may consider the following motions:
Item A.
I MOVE to (APPROVE OR DENY) Resolution No. (R)23-02, declaring the proposed Town Code Amendments to
Chapter 8 Regarding Short-Term and Vacation Rental Licensing Requirements in Attachment 1 and Filed with the
Town Clerk, a Public Record.
Item B.
I MOVE to (APPROVE OR DENY) Ordinance No. (O)23-01, a proposed code amendment to chapter 8 of the Oro
Valley Zoning Code regarding Short-Term rental regulations.
Attachments
(R)23-02 Resolution Short Term Rental
Exhibit A - Article 8-8
(O)23-01 Short Term Rental Ordinance
RESOLUTION NO. (R)23-02
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A
PUBLIC RECORD THE ORO VALLEY TOWN CODE ARTICLE
8-8, SHORT-TERM RENTALS AND VACATION RENTALS,
ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE
TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA, that the Oro Valley Town Code, Article 8-8, Short-Term Rentals
and Vacation Rentals, attached hereto as Exhibit “A”, three copies of which are on file in
the Office of the Town Clerk, is hereby declared to be a public record, and said copies are
ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 4th day of January, 2023.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
{00454966.1}
ARTICLE 8-8.
SHORT-TERM RENTALS AND VACATION RENTALS
SECTIONS:
8-8-1 PURPOSE
8-8-2 DEFINITIONS
8-8-3 LICENSE REQUIRED; PENALTIES
8-8-4 EMERGENCY POINT OF CONTACT REQUIREMENTS; PENALTIES
8-8-5 COMPLIANCE WITH THE LAW; PROHIBITED USES
8-8-6 NEIGHBOR NOTIFICATION REQUIRED
8-8-7 ADVERTISEMENT REQUIREMENTS
8-8-8 POSTING ON THE PROPERTY REQUIRED
8-8-9 INSURANCE REQUIRED
8-8-10 BACKGROUND CHECKS REQUIRED
8-8-11 LICENSE SUSPENSIONS
8-8-12 VIOLATIONS AND PENALTIES
8-8-13 APPEALS
8-8-14 JUDICIAL RELIEF
8-8-15 SEVERABILITY
{00454966.1}
8-8-1 PURPOSE.
THIS ARTICLE IS ADOPTED TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF
THE COMMUNITY OF THE TOWN OF ORO VALLEY BY ENACTING REASONABLE
REGULATIONS FOR SHORT-TERM RENTALS AND VACATION RENTALS. THESE
REGULATIONS ARE IN ADDITION TO OTHER CODES OF THE TOWN OF ORO
VALLEY.
8-8-2 DEFINITIONS.
IN THIS ARTICLE, UNLESS THE CONTEXT OR DEFINITIONS IN A.R.S. § 9-500.39
INDICATE OTHERWISE, THE FOLLOWING TERMS OR PHRASES ARE DEFINED AS
FOLLOWS:
A. ONLINE LODGING MARKETPLACE HAS THE SAME MEANING PRESCRIBED IN
A.R.S. § 42-5076.
B. SHORT-TERM RENTAL AND VACATION RENTAL ARE INTERCHANGEABLE FOR
PURPOSES OF THIS ARTICLE AND MEAN ANY INDIVIDUALLY OR COLLECTIVELY
OWNED SINGLE-FAMILY OR ONE-TO-FOUR-FAMILY HOUSE OR DWELLING UNIT,
OR ANY UNIT OR GROUP OF UNITS IN A CONDOMINIUM OR COOPERATIVE, THAT
IS ALSO A TRANSIENT PUBLIC LODGING ESTABLISHMENT OR OWNER -OCCUPIED
RESIDENTIAL HOME OFFERED FOR TRANSIENT USE. “VACATION RENTAL” DOES
NOT INCLUDE:
1. ACCOMMODATIONS OR PROPERTY THAT IS CLASSIFIED FOR PROPERTY
TAXATION UNDER A.R.S. § 42-12001; OR
2. ANY UNIT THAT IS USED FOR ANY NONRESIDENTIAL USE, INCLUDING A
SPECIAL EVENT THAT WOULD OTHERWISE REQUIRE A LICENSE, RETAIL,
RESTAURANT, BANQUET SPACE, OR OTHER SIMILAR USE.
C. TRANSACTION PRIVILEGE TAX LICENSE IS THE LICENSE ISSUED BY THE STATE
OF ARIZONA PURSUANT TO A.R.S., TITLE 42.
D. TRANSIENT HAS THE SAME MEANING PRESCRIBED IN A.R.S. § 42-5070.
E. ADVERTISEMENT MEANS ANY METHOD OF SOLICITING THE USE OF PROPERTY
FOR VACATION RENTAL PURPOSES.
F. APPLICANT MEANS THE OWNER OR OWNER’S DESIGNEE WHO APPLIES WITH THE
TOWN OF ORO VALLEY FOR A LICENSE OR RENEWAL OF A LICENSE.
G. DAYS SHALL MEAN CALENDAR DAYS UNLESS STATED OTHERWISE.
{00454966.1}
H. DESIGNEE AND AGENT ARE INTERCHANGEABLE FOR PURPOSES OF THIS
ARTICLE AND MEAN ANY PERSON OR PERSONS WITH THE CHARGE, CARE, OR
CONTROL OF ANY PROPERTY, DWELLING UNIT, OR PORTION THEREOF.
“DESIGNEE” INCLUDES THE “EMERGENCY POINT OF CONTACT.”
I. EMERGENCY POINT OF CONTACT MEANS THE OWNER OR INDIVIDUAL
DESIGNATED BY THE OWNER TO:
1. SERVE AS THE LOCAL TWENTY-FOUR (24) HOUR EMERGENCY POINT OF
CONTACT FOR THE VACATION RENTAL; AND
2. RESPOND TO COMPLAINTS AND EMERGENCIES RELATING TO THE
VACATION RENTAL IN A TIMELY MANNER AS REQUIRED BY THIS
ARTICLE.
J. CIVIL HEARING OFFICER: THE INDIVIDUAL DESIGNATED BY THE TOWN
MANAGER OR THEIR DESIGNEE TO CONDUCT HEARINGS AND MAKE RULINGS
RELATED TO THIS CHAPTER ON SHORT-TERM RENTAL LICENSE SUSPENSIONS,
CIVIL VIOLATIONS, AND CITATIONS ISSUED.
K. LICENSING ADMINISTRATOR: THE COMMUNITY AND ECONOMIC DEVELOPMENT
DIRECTOR OR THEIR DESIGNEE.
L. NEIGHBOR NOTIFICATION MEANS THE WRITTEN NOTICE PROVIDED BY THE
OWNER TO EACH SINGLE-FAMILY RESIDENTIAL PROPERTY ADJACENT TO THE
VACATION RENTAL PROPERTY, DIRECTLY ACROSS FROM THE VACATION RENTAL
PROPERTY, AND DIAGONALLY ACROSS THE STREET OF THE VACATION RENTAL
PROPERTY, THE PHYSICAL ADDRESS OF THE VACATION RENTAL, AND THE NAME,
ADDRESS, AND TWENTY-FOUR (24) HOUR TELEPHONE NUMBER OF THE
EMERGENCY POINT OF CONTACT.
M. NONRESIDENTIAL USE MEANS ANY USE THAT IS NOT LICENSED IN A
RESIDENTIAL ZONING DISTRICT PURSUANT TO THE TOWN OF ORO VALLEY
ZONING ORDINANCE.
N. OWNER MEANS ANY PERSON WHO, ALONE OR WITH OTHERS, HAS TITLE OR
INTEREST IN A PROPERTY, DWELLING UNIT, OR PORTION THEREOF, WITH OR
WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF, AND INCLUDES ANY
PERSON WHO AS AGENT, EXECUTOR, ADMINISTRATOR, TRUSTEE, OR GUARDIAN
HAS CHARGE, CARE, OR CONTROL OF ANY PROPERTY, DWELLING UNIT, OR
PORTION THEREOF.
O. LICENSE MEANS AUTHORIZATION BY THE TOWN OF ORO VALLEY TO OPERATE
A VACATION RENTAL IN ACCORDANCE WITH THIS ARTICLE.
{00454966.1}
P. PERSON MEANS AN INDIVIDUAL, PUBLIC ENTITY, FIRM, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, OR ANY
OTHER BUSINESS ENTITY OR JURIDICAL PERSON, WHETHER OPERATING ON A
FOR-PROFIT OR NONPROFIT BASIS.
Q. TIMELY MANNER MEANS RESPONDING TO COMPLAINTS AND EMERGENCIES IN
PERSON, BY PHONE, OR BY EMAIL WITHIN 60 MINUTES OF AN EMERGENCY
NOTIFICATION AND WITHIN 24 HOURS OF A NON-EMERGENCY NOTIFICATION BY
PUBLIC SAFETY PERSONNEL.
R. EMERGENCY MEANS ANY TIME THE POLICE ARE REQUIRED TO RESPOND TO A
COMPLAINT AND IT IS DETERMINED BY THE RESPONDING POLICE THAT THE OWNER
OR DESIGNEE MUST BE CONTACTED TO ADDRESS AN IMMEDIATE CONCERN.
SEC. 8-8-3 LICENSE REQUIRED; PENALTIES.
A. LICENSE REQUIRED.
TO OBTAIN A NEW OR RENEWAL LICENSE, A PERSON MUST SUBMIT TO THE
TOWN A COMPLETE APPLICATION ON THE FORMS PRESCRIBED BY THE
LICENSING ADMINISTRATOR. PRIOR TO USE OF A PROPERTY AS A VACATION
RENTAL, THE OWNER OF SHALL OBTAIN AN ANNUAL SHORT TERM/VACATION
RENTAL LICENSE FROM THE TOWN OF ORO VALLEY. RENTING, OR OFFERING
FOR RENT, A VACATION RENTAL WITHOUT COMPLYING WITH THE LICENSE
REQUIREMENT IN THIS SECTION 8-8-3 IS PROHIBITED. A SEPARATE LICENSE IS
REQUIRED FOR EACH SHORT-TERM RENTAL. A LICENSE IS VALID FOR ONE (1)
YEAR FROM THE DATE OF ISSUANCE OR RENEWAL. A LICENSE IS NON-
TRANSFERABLE AND NON-ASSIGNABLE. ATTEMPTED TRANSFER OR
ASSIGNMENT WILL VOID THE LICENSE AND ALL FEES PAID WILL BE FORFEITED.
COMPLETE RENEWAL APPLICATIONS MUST BE SUBMITTED TO THE LICENSING
ADMINISTRATOR NO LATER THAN FORTY-FIVE (45) CALENDAR DAYS PRIOR TO
THE EXPIRATION OF A LICENSE; OTHERWISE, THE LICENSE WILL BE DEEMED
EXPIRED AND NON-RENEWABLE. IF A COMPLETE RENEWAL APPLICATION AND
THE APPLICABLE RENEWAL FEE ARE NOT RECEIVED BY THE REQUIRED DATE,
AN APPLICATION FOR A NEW LICENSE MUST BE SUBMITTED AND MUST INCLUDE
ALL INFORMATION AND FEES REQUIRED FOR A NEW LICENSE APPLICATION.
B. LICENSE APPLICATIONS.
THE OWNER OF A PROPOSED VACATION RENTAL SHALL SUBMIT TO THE TOWN
OF ORO VALLEY A LICENSE APPLICATION ON A FORM FURNISHED BY THE TOWN
OF ORO VALLEY. THE LICENSE APPLICATION SHALL BE SIGNED BY THE
APPLICANT AND SHALL CONTAIN THE FOLLOWING MINIMUM INFORMATION,
WHICH SHALL BE MADE PUBLICLY AVAILABLE:
{00454966.1}
1. THE PHYSICAL ADDRESS OF THE RESIDENTIAL PROPERTY PROPOSED
TO BE USED AS A VACATION RENTAL.
2. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE OWNER FOR
WHICH THE VACATION RENTAL REGISTRATION CERTIFICATE IS TO BE
ISSUED. IF THE PROPERTY OWNER IS AN ENTITY, THE LEGAL NAME OF
THE ENTITY AND ITS STATUTORY AGENT.
3. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH DESIGNEE
OF THE OWNER, IF ANY.
4. THE FULL NAME, ADDRESS, AND TWENTY-FOUR (24) HOUR
TELEPHONE NUMBER OF THE INDIVIDUAL WHO WILL SERVE AS THE
EMERGENCY POINT OF CONTACT.
5. PROOF OF A VALID TRANSACTION PRIVILEGE TAX LICENSE.
6. ACKNOWLEDGMENT BY THE OWNER OF AN AGREEMENT TO COMPLY
WITH ALL APPLICABLE LAWS, REGULATIONS, AND ORDINANCES,
INCLUDING THE REQUIREMENT THAT THE OWNER AND EACH
DESIGNEE SHALL NOT BE A REGISTERED SEX OFFENDER, BEEN
CONVICTED OF ANY FELONY ACT THAT RESULTED IN DEATH OR
SERIOUS PHYSICAL INJURY, OR BEEN CONVICTED OF ANY FELONY USE
OF A DEADLY WEAPON WITHIN THE PAST FIVE YEARS.
7. ATTESTATION OF COMPLIANCE WITH THE NOTIFICATION REQUIRED
IN THIS ARTICLE.]
8. EVIDENCE OF LIABILITY INSURANCE APPROPRIATE TO COVER THE
VACATION RENTAL IN THE AGGREGATE OF AT LEAST $500,000 OR
EVIDENCE THAT EACH VACATION RENTAL TRANSACTION WILL BE
PROVIDED THROUGH A PLATFORM THAT PROVIDES EQUAL OR
GREATER PRIMARY LIABILITY INSURANCE COVERAGE FOR THE
VACATION RENTAL.
9. EVIDENCE THE VACATION RENTAL IS REGISTERED WITH PIMA
COUNTY ASSESSOR’S OFFICE IN ACCORDANCE WITH A.R.S. § 33-1902.
10. IF THE APPLICANT IS AN INDIVIDUAL, PROOF OF LAWFUL PRESENCE
IN THE UNITED STATES IN ACCORDANCE WITH A.R.S. §§ 1-502 AND 41-
1080.
C. LICENSE FEE.
{00454966.1}
EVERY APPLICATION, INCLUDING ANY RENEWAL APPLICATION, FOR A
VACATION RENTAL LICENSE UNDER THIS ARTICLE SHALL BE ACCOMPANIED BY
A NON-REFUNDABLE FEE ESTABLISHED BY TOWN COUNCIL RESOLUTION.
D. ISSUANCE; REASONS FOR DENIAL. THE TOWN OF ORO VALLEY SHALL ISSUE
OR DENY THE LICENSE WITHIN SEVEN (7) BUSINESS DAYS AFTER RECEIPT OF A
COMPLETE APPLICATION, EXCEPT THAT THE TOWN MAY DENY ISSUANCE OF A
LICENSE FOR ANY OF THE FOLLOWING REASONS:
1. THE APPLICANT FAILED TO PROVIDE THE INFORMATION REQUIRED
UNDER SUBSECTION B;
2. THE APPLICANT FAILED TO PAY THE LICENSE FEE REQUIRED UNDER
SUBSECTION C;
3. THE APPLICANT PROVIDED FALSE INFORMATION;
4. THE OWNER OR DESIGNEE OF THE OWNER: (I) IS A REGISTERED SEX
OFFENDER; (II) HAS BEEN CONVICTED OF ANY FELONY ACT THAT
RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR (III) HAS BEEN
CONVICTED OF ANY FELONY USE OF A DEADLY WEAPON WITHIN FIVE (5)
YEARS OF SUBMITTING THE APPLICATION; OR
5. AT THE TIME OF APPLICATION, THE OWNER HAS A SUSPENDED LICENSE
FOR THE SAME VACATION RENTAL OR ANY OF THE FOLLOWING APPLIES:
(A) ONE VIOLATION AT THE VACATION RENTAL THAT RESULTED IN OR
CONSTITUTED ANY OF THE OFFENSES DESCRIBED IN SEC. 8-8-11; OR (B)
THREE VIOLATIONS OF THIS ARTICLE AT THE VACATION RENTAL WITHIN A
TWELVE (12) MONTH PERIOD, NOT INCLUDING AN AESTHETIC, SOLID
WASTE DISPOSAL OR VEHICLE PARKING VIOLATION THAT IS NOT ALSO A
SERIOUS THREAT TO PUBLIC HEALTH AND SAFETY.
E. NOTICE OF DENIAL; APPEAL.
THE TOWN MANAGER OR DESIGNEE SHALL GIVE NOTICE OF THE DENIAL OF AN
APPLICATION TO THE APPLICANT BY EMAILING THE NOTICE TO APPLICANT AT
THE EMAIL ADDRESS LISTED ON THE APPLICATION. THE NOTICE OF THE DENIAL
SHALL INFORM THE APPLICANT OF THE RIGHT TO APPEAL THE DENIAL AS
PROVIDED FOR IN SEC. 8-8-13.
F. APPEALS FOR APPLICATION DENIALS AND SUSPENSION OF LICENSE:
1. THE LICENSING ADMINISTRATOR OR DESIGNEE MUST GIVE WRITTEN
NOTICE TO THE OWNER OR OWNER’S DESIGNEE OF A VIOLATION THAT
MAY RESULT IN THE SUSPENSION OF THE LICENSE. THE NOTICE MUST
INCLUDE A DESCRIPTION OF THE VIOLATION, THE STATUTORY OR CODE
REFERENCE, NOTIFICATION THAT A HEARING MAY BE REQUESTED, THE
{00454966.1}
TIME LIMIT FOR REQUESTING A HEARING, AND A WARNING THAT FAILURE
TO TIMELY REQUEST A HEARING MAY RESULT IN SUSPENSION OF THE
LICENSE. THE NOTICE MUST BE SERVED ON THE OWNER OR OWNER’S
DESIGNEE BY EITHER PERSONAL SERVICE OR REGISTERED/CERTIFIED MAIL
USING THE ADDRESS PROVIDED PURSUANT TO SEC. 8-8-13. SERVICE OF THE
NOTICE WILL BE DEEMED COMPLETE UPON MAILING TO, OR RECEIPT OF
PERSONAL SERVICE ON, THE OWNER OR OWNER’S DESIGNEE.
2. THE OWNER OR OWNER’S DESIGNEE RECEIVING A NOTICE UNDER SEC. 8-
8-13 MAY REQUEST A HEARING. IF REQUESTED, THE HEARING WILL BE
CONDUCTED IN THE SAME MANNER AS SET FORTH IN ORO VALLEY TOWN
CODE SEC. 8-8-13. REQUESTING A HEARING WILL STAY THE DECISION OF
THE LICENSING ADMINISTRATOR OR DESIGNEE TO SUSPEND A LICENSE
UNTIL THE CIVIL HEARING OFFICER HAS RENDERED A DECISION. IF THE
DECISION TO SUSPEND THE LICENSE IS UPHELD BY THE CIVIL HEARING
OFFICER, AND THE ORIGINAL PERIOD OF SUSPENSION HAS PASSED, IN
WHOLE OR IN PART, THE CIVIL HEARING OFFICER MAY DESIGNATE THE
PERIOD OF SUSPENSION FOR UP TO TWELVE (12) MONTHS.
3. IF THE OWNER OR OWNER’S DESIGNEE DOES NOT REQUEST A HEARING,
THE LICENSING ADMINISTRATOR OR DESIGNEE MAY SUSPEND THE
LICENSE FOR UP TO TWELVE (12) MONTHS.
G. MAINTAINING ACCURATE INFORMATION; VIOLATIONS.
ALL APPLICANTS AND PERSONS HOLDING LICENSES ISSUED PURSUANT TO THIS
ARTICLE SHALL GIVE [PRIOR] WRITTEN NOTICE TO THE LICENSING
ADMINISTRATOR OR DESIGNEE OF ANY MATERIAL CHANGE IN INFORMATION
SUBMITTED IN CONNECTION WITH AN APPLICATION FOR A LICENSE OR RENEWAL
OF A LICENSE. THE NOTICE SHALL BE PROVIDED TO THE LICENSING
ADMINISTRATOR OR DESIGNEE NOT LESS THAN TEN (10) DAYS PRIOR TO THE
EFFECTIVE DATE OF THE CHANGE. ANY INFORMATION REQUIRED FOR AN
APPLICATION UNDER THIS SECTION 8-8-3 IS DEEMED TO BE MATERIAL FOR
PURPOSES OF THIS SECTION 8-8-3. A VIOLATION OF THIS SUBSECTION IS A CIVIL
OFFENSE.
H. TERM OF LICENSE; RENEWAL APPLICATION.
ALL LICENSES ISSUED UNDER THIS ARTICLE SHALL BE VALID FOR A PERIOD
OF ONE (1) YEAR FROM THE DATE OF THEIR ISSUANCE / UNTIL SUSPENDED OR
REVOKED. EXCEPT WHERE THE TOWN HAS RECEIVED A NEW APPLICATION
ALONG WITH THE REQUISITE FEES, IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OPERATE A VACATION RENTAL AFTER THE EXPIRATION DATE RECORDED
UPON THE FACE OF THE VACATION RENTAL LICENSE.
I. OPERATING WITHOUT A LICENSE; PENALTIES.
A VACATION RENTAL THAT FAILS TO APPLY FOR A LICENSE WITHIN THIRTY
(30) DAYS OF THE LICENSE APPLICATION BEING MADE AVAILABLE BY THE
{00454966.1}
TOWN SHALL IMMEDIATELY CEASE OPERATIONS. IN ADDITION TO ANY
OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY CODE, THE TOWN
MAY IMPOSE A CIVIL PENALTY OF UP TO $1,000 PER MONTH AGAINST THE
OWNER IF THE OWNER OR OWNER’S DESIGNEE FAILS TO APPLY FOR LICENSE
WITHIN 30 DAYS OF RECEIVING THE WRITTEN NOTICE OF VIOLATION FROM
THE TOWN. REPRESENTATIONS OR ADVERTISEMENTS INCLUDING ONLINE
LISTINGS THAT REFERENCE THE PROPERTY, HOUSE OR DWELLING UNIT
LOCATION WITHIN THE TOWN OF ORO VALLEY INCORPORATED BOUNDARY
IS PRIMA FACIE EVIDENCE THAT A VACATION RENTAL IS OPERATING IN THE
TOWN.
J. NON-TRANSFERABLE.
NO LICENSE SHALL BE TRANSFERABLE EITHER AS TO LOCATION OR AS TO
PERSON.
K. IMPLEMENTATION.
THE TOWN OF ORO VALLEY MANAGER OR DESIGNEE SHALL DEVELOP THE
NECESSARY FORMS AND/OR DATABASE NECESSARY TO IMPLEMENT THIS
SECTION 8-8-3.
SEC. 8-8-4 EMERGENCY POINT OF CONTACT REQUIREMENTS;
PENALTIES.
A. EMERGENCY RESPONSES; VIOLATIONS.
WHEN REQUESTED BY A POLICE OFFICER, THE OWNER OR EMERGENCY POINT
OF CONTACT WHOSE NAME APPEARS ON THE LICENSE APPLICATION MUST BE
ON THE VACATION RENTAL PREMISES, OR BE AVAILABLE OVER THE PHONE OR
TEXT, WITHIN SIXTY (60) MINUTES OF THE REQUEST.
B. NON-EMERGENCY RESPONSES; VIOLATIONS.
THE OWNER OR EMERGENCY POINT OF CONTACT SHALL RESPOND TO ALL
OTHER COMPLAINTS RELATING TO THE VACATION RENTAL IN PERSON, OVER
THE PHONE, BY E-MAIL, OR BY TEXT WITHIN TWENTY-FOUR (24) HOURS OF THE
REQUEST.
C. MAINTAINING ACCURATE EMERGENCY INFORMATION.
ALL APPLICANTS AND PERSONS HOLDING LICENSES ISSUED PURSUANT TO THIS
ARTICLE SHALL GIVE PRIOR WRITTEN NOTICE TO THE LICENSING
ADMINISTRATOR OR DESIGNEE OF ANY CHANGE TO THE CONTACT INFORMATION
PROVIDED TO THE TOWN OF ORO VALLEY FOR THE EMERGENCY POINT OF
CONTACT. THE NOTICE SHALL BE PROVIDED TO THE LICENSING ADMINISTRATOR
NOT LESS THAN TEN (10) DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.
SEC. 8-8-5 COMPLIANCE WITH THE LAW; PROHIBITED USES.
{00454966.1}
A. A VACATION RENTAL SHALL COMPLY WITH THE FEDERAL, STATE, AND
LOCAL LAWS INCLUDING LAWS RELATING TO PUBLIC HEALTH AND SAFETY,
SANITATION, SOLID WASTE, HAZARDOUS WASTE, TAX PRIVILEGE LICENSING,
PROPERTY TAX REGISTRATION, TRAFFIC CONTROL, POLLUTION CONTROL,
NOISE, PROPERTY MAINTENANCE, AND NUISANCE ABATEMENT.
B. NO PERSON OR ENTITY SHALL OPERATE A VACATION RENTAL IN VIOLATION
OF THIS ARTICLE OR OTHER LAW. IN ADDITION, THE USE OF A VACATION
RENTAL PROPERTY FOR ANY OF THE FOLLOWING USES OR PURPOSES IS
STRICTLY PROHIBITED:
1. ANY NONRESIDENTIAL USE;
2. HOLDING A SPECIAL EVENT THAT REQUIRES A PERMIT PURSUANT TO
TOWN OR ORO VALLEY CODE OR STATE LAW OR RULE;
3. OPERATING A RETAIL BUSINESS, RESTAURANT, EVENT CENTER,
BANQUET HALL OR SIMILAR USE;
4. HOUSING SEX OFFENDERS;
5. OPERATING OR MAINTAINING A SOBER LIVING HOME;
6. SELLING LIQUOR, ILLEGAL DRUGS, OR PORNOGRAPHY;
7. OPERATING A NUDE OR TOPLESS DANCING;
8. OBSCENITY;
9. ADULT-ORIENTED BUSINESS; OR
10. ANY OTHER USE PROHIBITED BY A.R.S. § 9-500.39 OR THE TOWN OF ORO
VALLEY CODE.
C. A VACATION RENTAL LACKING A VALID TRANSACTION PRIVILEGE TAX
LICENSE ISSUED BY THE STATE OF ARIZONA SHALL NOT BE RENTED OR
OFFERED FOR RENT.
D. NO PERSON OR ENTITY OPERATING A SHORT TERM OR VACATION RENTAL
MAY RECEIVE PAYMENT OR ACCEPT A FEE, DIRECTLY OR INDIRECTLY, FOR
FACILITATING THE RENTAL OF A VACATION RENTAL OPERATING IN VIOLATION
OF THIS CODE OR OTHER LAW.
E. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, ANY PERSON WHO CAUSES, ALLOWS, FACILITATES, AIDES, OR
{00454966.1}
ABETS ANY VIOLATION OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
OFFENSE.
F. THE FAILURE OF ANY DESIGNEE TO COMPLY WITH THIS ARTICLE SHALL NOT
RELIEVE THE OWNER OF LIABILITY UNDER THIS ARTICLE.
SEC. 8-8-6 NEIGHBOR NOTIFICATION REQUIRED.
A. NEIGHBOR NOTIFICATION.
PRIOR TO SECURING A LICENSE FOR A VACATION RENTAL FOR RENT, THE
OWNER OR DESIGNEE SHALL PROVIDE NEIGHBOR NOTIFICATION TO EACH
SINGLE-FAMILY RESIDENTIAL PROPERTY ADJACENT TO THE VACATION RENTAL
PROPERTY, DIRECTLY ACROSS FROM THE VACATION RENTAL PROPERTY, AND
DIAGONALLY ACROSS THE STREET OF THE VACATION RENTAL PROPERTY. THE
NEIGHBOR NOTIFICATION SHALL BE PROVIDED IN WRITING IN THE FORM
REQUIRED BY THE TOWN, SHALL BE DISTRIBUTED VIA REGISTERED OR
CERTIFIED MAIL AND SHALL INCLUDE THE FOLLOWING MINIMUM
INFORMATION:
1. THE PHYSICAL ADDRESS OF THE VACATION RENTAL;
2. THE NAME, PHYSICAL ADDRESS, EMAIL ADDRESS, AND TWENTY-FOUR
(24) HOUR TELEPHONE NUMBER OF THE EMERGENCY POINT OF CONTACT.
B. ADDITIONAL NEIGHBOR NOTIFICATION REQUIRED.
ANY CHANGE TO THE INFORMATION PROVIDED UNDER SUBSECTION A SHALL
REQUIRE ADDITIONAL NEIGHBOR NOTIFICATION BY THE OWNER OR DESIGNEE
NOT LATER THAN FIVE (5) DAYS PRIOR TO EACH CHANGE. THE ADDITIONAL
NOTIFICATION SHALL BE PROVIDED IN THE MANNER REQUIRED BY SECTION A.
C. ATTESTATION.
THE OWNER OR DESIGNEE SHALL PROVIDE TO THE TOWN AN ATTESTATION OF
COMPLIANCE WITH THE NEIGHBOR NOTIFICATION REQUIRED BY SECTION 8-8-6.
D. VIOLATIONS.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, A VIOLATION OF THIS SECTION 8-8-6 SHALL BE A CIVIL OFFENSE.
SEC. 8-8-7 ADVERTISEMENT REQUIREMENTS.
A. REQUIRED DISCLOSURE.
TO PROTECT THE PEACE, HEALTH, SAFETY, AND GENERAL WELFARE OF THE
TOWN’S RESIDENTS AND VISITORS, THE OWNER OR OWNER’S DESIGNEE SHALL
{00454966.1}
BE RESPONSIBLE FOR DISPLAYING THE LICENSE NUMBER ISSUED BY THE TOWN
ON EACH ADVERTISEMENT FOR SUCH VACATION RENTAL.
B. VIOLATIONS.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY
CODE, A VIOLATION OF THIS SECTION SHALL BE A CIVIL OFFENSE. EACH
ADVERTISEMENT IN VIOLATION OF THIS SECTION 8-8-7 SHALL CONSTITUTE A
SEPARATE VIOLATION.
SEC. 8-8-8 POSTING ON THE PROPERTY REQUIRED.
A. POSTING AT THE VACATION RENTAL.
THE OWNER OF THE VACATION RENTAL MUST DISPLAY THE NAME, PHONE
NUMBER, AND EMAIL ADDRESS OF THE OWNER, DESIGNEE, AND EMERGENCY
POINT OF CONTACT OUTSIDE THE RESIDENCE, ON A FORM PROVIDED BY THE
TOWN, IN A CONSPICUOUS PLACE WITHIN TEN (10) FEET OF THE PRIMARY
ENTRANCE OF THE VACATION RENTAL, OR AS APPROVED BY THE LICENSING
ADMINISTRATOR OR DESIGNEE.
B. FAILURE TO COMPLY.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY
CODE, A VIOLATION OF THIS SECTION 8-8-8 SHALL BE A CIVIL OFFENSE. EACH DAY
A VACATION RENTAL DOES NOT DISPLAY THE INFORMATION REQUIRED BY THIS
SECTION 8-8-8 SHALL CONSTITUTE A SEPARATE VIOLATION.
SEC. 8-8-9 INSURANCE REQUIRED.
A. REQUIRED INSURANCE.
PRIOR TO OFFERING OR RENTING A VACATION RENTAL FOR RENT FOR THE
FIRST TIME, LIABILITY INSURANCE APPROPRIATE TO COVER THE VACATION
RENTAL IN THE AGGREGATE OF AT LEAST $500,000 SHALL BE PROVIDED BY
THE OWNER OR THE ONLINE MARKETPLACE PLATFORM.
B. PROOF OF INSURANCE.
PROOF OF THE REQUIRED LIABILITY INSURANCE COVERAGE SHALL BE
PROVIDED TO THE TOWN AT THE TIME OF APPLICATION OR RENEWAL OF A
LICENSE REQUIRED BY THIS SECTION.
C. VIOLATION.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY
CODE, A VIOLATION OF THIS SECTION 8-8-9 SHALL BE A CIVIL OFFENSE. EACH DAY
A VACATION RENTAL LACKS THE INSURANCE REQUIRED BY THIS SECTION 8-8-9
SHALL CONSTITUTE A SEPARATE VIOLATION.
{00454966.1}
SEC. 8-8-10 BACKGROUND CHECKS REQUIRED.
A. NO SEX OFFENDER SHALL BE LICENSED TO RENT OR OCCUPY THE
VACATION RENTAL. OWNERS WHO ALLOW A SEX OFFENDER AT THE
VACATION RENTAL SHALL BE FOUND IN VIOLATION OF THIS SECTION 8-8-10.
B. WITHIN TWENTY-FOUR (24) HOURS OF EVERY BOOKING, A SEX OFFENDER
BACKGROUND CHECK ON EACH GUEST SHALL BE CONDUCTED BY THE
OWNER OR BY THE ONLINE LODGING MARKETPLACE ON WHICH THE
VACATION RENTAL IS ADVERTISED. THE OWNER SHALL DEMONSTRATE
COMPLIANCE WITH THIS REQUIREMENT BY RETAINING A FULL COPY OF EACH
BACKGROUND CHECK FOR A MINIMUM OF TWELVE (12) MONTHS AFTER THE
BOOKING DATE AND PROVIDING THE COPY TO THE TOWN OF ORO VALLEY
UPON A REQUEST BY A POLICE OFFICER.
C. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, ANY PERSON WHO VIOLATES THIS SECTION 8-8-10 SHALL BE
SUBJECT TO A CIVIL OFFENSE.
D. THE FAILURE OF AN ONLINE LODGING MARKETPLACE TO CONDUCT A
BACKGROUND CHECK SHALL NOT RELIEVE THE OWNER OF LIABILITY UNDER
THIS SEC. 8-8-10.
SEC. 8-8-11 LICENSE SUSPENSIONS.
A. LICENSE SUSPENSIONS.
THE TOWN MAY INITIATE AN ADMINISTRATIVE PROCESS TO SUSPEND A
VACATION RENTAL LICENSE FOR A PERIOD OF UP TO TWELVE (12) MONTHS
FOR ANY OF THE FOLLOWING:
1. THREE (3) VERIFIED VIOLATIONS OF THIS ARTICLE WITHIN A TWELVE
(12) MONTH PERIOD, NOT INCLUDING ANY SUCH VIOLATION BASED ON
AN AESTHETIC, SOLID WASTE DISPOSAL OR VEHICLE PARKING
VIOLATION THAT IS NOT ALSO A SERIOUS THREAT TO PUBLIC HEALTH
AND SAFETY.
2. ONE (1) VERIFIED VIOLATION THAT RESULTS IN OR CONSTITUTES
ANY OF THE FOLLOWING:
A. A FELONY OFFENSE COMMITTED AT OR IN THE VICINITY OF A
VACATION RENTAL BY THE OWNER OF THE VACATION RENTAL
OR BY THE OWNER’S DESIGNEE;
{00454966.1}
B. A SERIOUS PHYSICAL INJURY OR WRONGFUL DEATH AT OR
RELATED TO A VACATION RENTAL RESULTING FROM THE
KNOWING, INTENTIONAL OR RECKLESS CONDUCT OF THE
OWNER OF THE VACATION RENTAL OR THE OWNER’S DESIGNEE;
C. THE OWNER OF THE VACATION RENTAL OR THE OWNER’S
DESIGNEE KNOWINGLY OR INTENTIONALLY HOUSING A SEX
OFFENDER, ALLOWING OFFENSES RELATED TO ADULT-
ORIENTED BUSINESSES, SEXUAL OFFENSES, OR PROSTITUTION,
OR OPERATING OR MAINTAINING A SOBER LIVING HOME; OR
D. THE OWNER OF THE VACATION RENTAL OR THE OWNER’S
DESIGNEE KNOWINGLY OR INTENTIONALLY ALLOWING THE USE
OF A VACATION RENTAL FOR A SPECIAL EVENT THAT WOULD
OTHERWISE REQUIRE A LICENSE OR LICENSE PURSUANT TO THE
TOWN OF ORO VALLEY CODE OR A STATE LAW OR RULE OR FOR
A RETAIL, RESTAURANT, BANQUET SPACE OR OTHER SIM ILAR
USE.
B. APPEALS.
A DECISION TO SUSPEND A LICENSE MAY BE APPEALED BY THE OWNER AS
SET FORTH IN SEC. 8-8-13.
SEC. 8-8-12 VIOLATIONS AND PENALTIES.
A. THE REMEDIES IN THIS ARTICLE ARE CUMULATIVE AND THE TOWN MAY
PROCEED UNDER ONE OR MORE SUCH REMEDIES.
B. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, AND NOTWITHSTANDING ANY OTHER LAW, THE TOWN MAY
IMPOSE A CIVIL PENALTY OF THE FOLLOWING AMOUNTS AGAINST AN OWNER
IF THE OWNER CAUSES, ALLOWS, FACILITATES, AIDES, OR ABETS A VERIFIED
VIOLATION OF ANY PROVISION OF THIS ARTICLE OR FAILS TO PERFORM ANY
ACT OR DUTY REQUIRED BY THIS ARTICLE, RELATED TO THE SAME VACATION
RENTAL PROPERTY WITHIN THE SAME TWELVE-MONTH PERIOD:
1. UP TO $500 OR UP TO AN AMOUNT EQUAL TO ONE NIGHT’S RENT FOR
THE VACATION RENTAL AS ADVERTISED, WHICHEVER IS GREATER, FOR
THE FIRST VIOLATION.
2. UP TO $1,000 OR UP TO AN AMOUNT EQUAL TO TWO NIGHTS’ RENT
FOR THE VACATION RENTAL AS ADVERTISED, WHICHEVER IS GREATER,
FOR THE SECOND VIOLATION.
{00454966.1}
3. UP TO $3,500 OR UP TO AN AMOUNT EQUAL TO THREE NIGHTS’ RENT
FOR THE VACATION RENTAL AS ADVERTISED, WHICHEVER IS GREATER,
FOR A THIRD AND ANY SUBSEQUENT VIOLATION.
IF MULTIPLE VIOLATIONS ARISE OUT OF THE SAME RESPONSE TO AN
INCIDENT AT A VACATION RENTAL, THOSE VIOLATIONS ARE CONSIDERED
ONE VIOLATION FOR THE PURPOSE OF ASSESSING CIVIL PENALTIES.
C. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CODE, ANY
PROPERTY THAT OPERATES AS A VACATION RENTAL AND FAILS TO APPLY
FOR VACATION RENTAL LICENSE IN ACCORDANCE WITH THIS ARTICLE
WITHIN THIRTY (30) DAYS OF THE APPLICATION PROCESS BEING MADE
AVAILABLE BY THE TOWN, MUST CEASE OPERATIONS IMMEDIATELY. IN
ADDITION TO ANY FINES IMPOSED PURSUANT TO THIS SECTION 8-8-12, THE
TOWN MAY IMPOSE A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS
($1,000) PER MONTH AGAINST THE OWNER IF THE OWNER OR OWNER’S
DESIGNEE FAILS TO APPLY WITHIN THIRTY (30) DAYS OF RECEIVING WRITTEN
NOTICE OF THE FAILURE TO COMPLY WITH THIS ARTICLE.
SEC. 8-8-13 APPEALS.
A. ANY PERSON AGGRIEVED BY ANY DECISION WITH RESPECT TO THE DENIAL OF
OR A REFUSAL TO ISSUE A VACATION RENTAL LICENSE, THE SUSPENSION OF A
VACATION RENTAL LICENSE, OR A PENALTY IMPOSED PURSUANT TO THIS
ARTICLE MAY APPEAL THE DECISION BY FILING A WRITTEN NOTICE OF APPEAL
WITH THE TOWN MANAGER OR DESIGNEE NO LATER THAN THIRTY (30) DAYS
FROM THE DATE OF THE DECISION LETTER. THE NOTICE OF APPEAL SHALL BE ON
A FORM APPROVED BY THE TOWN.
B. AN APPEAL UNDER THIS SECTION 8-8-13 DOES NOT OPERATE AS A STAY OF THE
LICENSE SUSPENSION.
C. THIS SECTION 8-8-13 IS NOT APPLICABLE TO JUDICIAL ACTIONS BROUGHT
PURSUANT TO SEC. 8-8-14 OR TO PENALTIES INCLUDING FINES IMPOSED BY A
COURT.
SEC. 8-8-14 JUDICIAL RELIEF.
A. NOTWITHSTANDING SEC. 8-8-11, ANY ATTEMPTED OR COMPLETED FELONY
ACT, ARISING FROM THE OCCUPANCY OR USE OF A VACATION RENTAL THAT
RESULTS IN A DEATH, OR ACTUAL OR ATTEMPTED SERIOUS PHYSICAL
INJURY, SHALL BE GROUNDS FOR JUDICIAL RELIEF IN THE FORM OF A
SUSPENSION OF THE PROPERTY'S USE AS A VACATION RENTAL FOR A PERIOD
THAT SHALL NOT EXCEED TWELVE (12) MONTHS.
{00454966.1}
B. THE TOWN OF ORO VALLEY ATTORNEY MAY INITIATE PROCEEDINGS IN THE
TOWN OF ORO VALLEY COURT OR OTHER COURT OF COMPETENT
JURISDICTION TO ENFORCE THIS SECTION 8-8-14.
SEC. 8-8-15 SEVERABILITY.
IN THE EVENT ANY SECTION OR PROVISION OF THIS ARTICLE SHALL BE
DECLARED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR
UNCONSTITUTIONAL, SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF
THIS ARTICLE AS A WHOLE OR ANY PART THEREOF OTHER THAN THE PART SO
DECLARED TO BE INVALID OR UNCONSTITUTIONAL.
{00454966.1}
ORDINANCE NO. (O)23-01
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA,
AMENDING ORO VALLEY TOWN CODE CHAPTER 8, BUSINESS
REGULATIONS, TO INCLUDE ARTICLE 8-8, SHORT-TERM RENTALS
AND VACATION RENTALS
WHEREAS, on September 27, 1989, the Mayor and Council adopted Ordinance (O) 89-21,
adopting that certain document entitled “Oro Valley Town Code”, including Chapter 8, Business
Regulations; and
WHEREAS, local governments may regulate short-term rentals and vacation rentals except as
limited by Arizona Revised Statutes (“A.R.S.”) § 9-500.39; and
WHEREAS, the Town of Oro Valley deems it necessary to adopt certain regulations regarding
the use of property as a vacation rental to protect the health, safety, and welfare of the Town
residents; and
WHEREAS, the Mayor and Council have considered the proposed amendment to the Oro Valley
Town Code Chapter 8, Business Regulations adding Article 8-8, Short-Term Rentals and Vacation
Rentals, and finds that it is in the best interest of the Town; and
WHEREAS, in compliance with A.R.S. § 9-499.15, new fees included in Article 8-8, Short-Term
Rentals and Vacation Rentals, have been posted on the Town of Oro Valley’s website for sixty
(60) days.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro
Valley, Arizona that:
SECTION 1. The Oro Valley Town Code Article 8-8, Short-Term Rentals and
Vacation Rentals, declared a public record by Resolution No. (R)23-02 and
incorporated herein by this reference, is hereby adopted.
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.
{00454966.1}
PASSED AND ADOPTED by Mayor and Town Council of the Town of Oro Valley, Arizona
this 4th day of January 2023.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
{00454966.1}
ARTICLE 8-8.
SHORT-TERM RENTALS AND VACATION RENTALS
SECTIONS:
8-8-1 PURPOSE
8-8-2 DEFINITIONS
8-8-3 LICENSE REQUIRED; PENALTIES
8-8-4 EMERGENCY POINT OF CONTACT REQUIREMENTS; PENALTIES
8-8-5 COMPLIANCE WITH THE LAW; PROHIBITED USES
8-8-6 NEIGHBOR NOTIFICATION REQUIRED
8-8-7 ADVERTISEMENT REQUIREMENTS
8-8-8 POSTING ON THE PROPERTY REQUIRED
8-8-9 INSURANCE REQUIRED
8-8-10 BACKGROUND CHECKS REQUIRED
8-8-11 LICENSE SUSPENSIONS
8-8-12 VIOLATIONS AND PENALTIES
8-8-13 APPEALS
8-8-14 JUDICIAL RELIEF
8-8-15 SEVERABILITY
{00454966.1}
8-8-1 PURPOSE.
THIS ARTICLE IS ADOPTED TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF
THE COMMUNITY OF THE TOWN OF ORO VALLEY BY ENACTING REASONABLE
REGULATIONS FOR SHORT-TERM RENTALS AND VACATION RENTALS. THESE
REGULATIONS ARE IN ADDITION TO OTHER CODES OF THE TOWN OF ORO
VALLEY.
8-8-2 DEFINITIONS.
IN THIS ARTICLE, UNLESS THE CONTEXT OR DEFINITIONS IN A.R.S. § 9-500.39
INDICATE OTHERWISE, THE FOLLOWING TERMS OR PHRASES ARE DEFINED AS
FOLLOWS:
A. ONLINE LODGING MARKETPLACE HAS THE SAME MEANING PRESCRIBED IN
A.R.S. § 42-5076.
B. SHORT-TERM RENTAL AND VACATION RENTAL ARE INTERCHANGEABLE FOR
PURPOSES OF THIS ARTICLE AND MEAN ANY INDIVIDUALLY OR COLLECTIVELY
OWNED SINGLE-FAMILY OR ONE-TO-FOUR-FAMILY HOUSE OR DWELLING UNIT,
OR ANY UNIT OR GROUP OF UNITS IN A CONDOMINIUM OR COOPERATIVE, THAT
IS ALSO A TRANSIENT PUBLIC LODGING ESTABLISHMENT OR OWNER -OCCUPIED
RESIDENTIAL HOME OFFERED FOR TRANSIENT USE. “VACATION RENTAL” DOES
NOT INCLUDE:
1. ACCOMMODATIONS OR PROPERTY THAT IS CLASSIFIED FOR PROPERTY
TAXATION UNDER A.R.S. § 42-12001; OR
2. ANY UNIT THAT IS USED FOR ANY NONRESIDENTIAL USE, INCLUDING A
SPECIAL EVENT THAT WOULD OTHERWISE REQUIRE A LICENSE, RETAIL,
RESTAURANT, BANQUET SPACE, OR OTHER SIMILAR USE.
C. TRANSACTION PRIVILEGE TAX LICENSE IS THE LICENSE ISSUED BY THE STATE
OF ARIZONA PURSUANT TO A.R.S., TITLE 42.
D. TRANSIENT HAS THE SAME MEANING PRESCRIBED IN A.R.S. § 42-5070.
E. ADVERTISEMENT MEANS ANY METHOD OF SOLICITING THE USE OF PROPERTY
FOR VACATION RENTAL PURPOSES.
F. APPLICANT MEANS THE OWNER OR OWNER’S DESIGNEE WHO APPLIES WITH THE
TOWN OF ORO VALLEY FOR A LICENSE OR RENEWAL OF A LICENSE.
G. DAYS SHALL MEAN CALENDAR DAYS UNLESS STATED OTHERWISE.
{00454966.1}
H. DESIGNEE AND AGENT ARE INTERCHANGEABLE FOR PURPOSES OF THIS
ARTICLE AND MEAN ANY PERSON OR PERSONS WITH THE CHARGE, CARE, OR
CONTROL OF ANY PROPERTY, DWELLING UNIT, OR PORTION THEREOF.
“DESIGNEE” INCLUDES THE “EMERGENCY POINT OF CONTACT.”
I. EMERGENCY POINT OF CONTACT MEANS THE OWNER OR INDIVIDUAL
DESIGNATED BY THE OWNER TO:
1. SERVE AS THE LOCAL TWENTY-FOUR (24) HOUR EMERGENCY POINT OF
CONTACT FOR THE VACATION RENTAL; AND
2. RESPOND TO COMPLAINTS AND EMERGENCIES RELATING TO THE
VACATION RENTAL IN A TIMELY MANNER AS REQUIRED BY THIS
ARTICLE.
J. CIVIL HEARING OFFICER: THE INDIVIDUAL DESIGNATED BY THE TOWN
MANAGER OR THEIR DESIGNEE TO CONDUCT HEARINGS AND MAKE RULINGS
RELATED TO THIS CHAPTER ON SHORT-TERM RENTAL LICENSE SUSPENSIONS,
CIVIL VIOLATIONS, AND CITATIONS ISSUED.
K. LICENSING ADMINISTRATOR: THE COMMUNITY AND ECONOMIC DEVELOPMENT
DIRECTOR OR THEIR DESIGNEE.
L. NEIGHBOR NOTIFICATION MEANS THE WRITTEN NOTICE PROVIDED BY THE
OWNER TO EACH SINGLE-FAMILY RESIDENTIAL PROPERTY ADJACENT TO THE
VACATION RENTAL PROPERTY, DIRECTLY ACROSS FROM THE VACATION RENTAL
PROPERTY, AND DIAGONALLY ACROSS THE STREET OF THE VACATION RENTAL
PROPERTY, THE PHYSICAL ADDRESS OF THE VACATION RENTAL, AND THE NAME,
ADDRESS, AND TWENTY-FOUR (24) HOUR TELEPHONE NUMBER OF THE
EMERGENCY POINT OF CONTACT.
M. NONRESIDENTIAL USE MEANS ANY USE THAT IS NOT LICENSED IN A
RESIDENTIAL ZONING DISTRICT PURSUANT TO THE TOWN OF ORO VALLEY
ZONING ORDINANCE.
N. OWNER MEANS ANY PERSON WHO, ALONE OR WITH OTHERS, HAS TITLE OR
INTEREST IN A PROPERTY, DWELLING UNIT, OR PORTION THEREOF, WITH OR
WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF, AND INCLUDES ANY
PERSON WHO AS AGENT, EXECUTOR, ADMINISTRATOR, TRUSTEE, OR GUARDIAN
HAS CHARGE, CARE, OR CONTROL OF ANY PROPERTY, DWELLING UNIT, OR
PORTION THEREOF.
O. LICENSE MEANS AUTHORIZATION BY THE TOWN OF ORO VALLEY TO OPERATE
A VACATION RENTAL IN ACCORDANCE WITH THIS ARTICLE.
{00454966.1}
P. PERSON MEANS AN INDIVIDUAL, PUBLIC ENTITY, FIRM, CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, OR ANY
OTHER BUSINESS ENTITY OR JURIDICAL PERSON, WHETHER OPERATING ON A
FOR-PROFIT OR NONPROFIT BASIS.
Q. TIMELY MANNER MEANS RESPONDING TO COMPLAINTS AND EMERGENCIES IN
PERSON, BY PHONE, OR BY EMAIL WITHIN 60 MINUTES OF AN EMERGENCY
NOTIFICATION AND WITHIN 24 HOURS OF A NON-EMERGENCY NOTIFICATION BY
PUBLIC SAFETY PERSONNEL.
R. EMERGENCY MEANS ANY TIME THE POLICE ARE REQUIRED TO RESPOND TO A
COMPLAINT AND IT IS DETERMINED BY THE RESPONDING POLICE THAT THE OWNER
OR DESIGNEE MUST BE CONTACTED TO ADDRESS AN IMMEDIATE CONCERN.
SEC. 8-8-3 LICENSE REQUIRED; PENALTIES.
A. LICENSE REQUIRED.
TO OBTAIN A NEW OR RENEWAL LICENSE, A PERSON MUST SUBMIT TO THE
TOWN A COMPLETE APPLICATION ON THE FORMS PRESCRIBED BY THE
LICENSING ADMINISTRATOR. PRIOR TO USE OF A PROPERTY AS A VACATION
RENTAL, THE OWNER OF SHALL OBTAIN AN ANNUAL SHORT TERM/VACATION
RENTAL LICENSE FROM THE TOWN OF ORO VALLEY. RENTING, OR OFFERING
FOR RENT, A VACATION RENTAL WITHOUT COMPLYING WITH THE LICENSE
REQUIREMENT IN THIS SECTION 8-8-3 IS PROHIBITED. A SEPARATE LICENSE IS
REQUIRED FOR EACH SHORT-TERM RENTAL. A LICENSE IS VALID FOR ONE (1)
YEAR FROM THE DATE OF ISSUANCE OR RENEWAL. A LICENSE IS NON-
TRANSFERABLE AND NON-ASSIGNABLE. ATTEMPTED TRANSFER OR
ASSIGNMENT WILL VOID THE LICENSE AND ALL FEES PAID WILL BE FORFEITED.
COMPLETE RENEWAL APPLICATIONS MUST BE SUBMITTED TO THE LICENSING
ADMINISTRATOR NO LATER THAN FORTY-FIVE (45) CALENDAR DAYS PRIOR TO
THE EXPIRATION OF A LICENSE; OTHERWISE, THE LICENSE WILL BE DEEMED
EXPIRED AND NON-RENEWABLE. IF A COMPLETE RENEWAL APPLICATION AND
THE APPLICABLE RENEWAL FEE ARE NOT RECEIVED BY THE REQUIRED DATE,
AN APPLICATION FOR A NEW LICENSE MUST BE SUBMITTED AND MUST INCLUDE
ALL INFORMATION AND FEES REQUIRED FOR A NEW LICENSE APPLICATION.
B. LICENSE APPLICATIONS.
THE OWNER OF A PROPOSED VACATION RENTAL SHALL SUBMIT TO THE TOWN
OF ORO VALLEY A LICENSE APPLICATION ON A FORM FURNISHED BY THE TOWN
OF ORO VALLEY. THE LICENSE APPLICATION SHALL BE SIGNED BY THE
APPLICANT AND SHALL CONTAIN THE FOLLOWING MINIMUM INFORMATION,
WHICH SHALL BE MADE PUBLICLY AVAILABLE:
{00454966.1}
1. THE PHYSICAL ADDRESS OF THE RESIDENTIAL PROPERTY PROPOSED
TO BE USED AS A VACATION RENTAL.
2. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE OWNER FOR
WHICH THE VACATION RENTAL REGISTRATION CERTIFICATE IS TO BE
ISSUED. IF THE PROPERTY OWNER IS AN ENTITY, THE LEGAL NAME OF
THE ENTITY AND ITS STATUTORY AGENT.
3. THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH DESIGNEE
OF THE OWNER, IF ANY.
4. THE FULL NAME, ADDRESS, AND TWENTY-FOUR (24) HOUR
TELEPHONE NUMBER OF THE INDIVIDUAL WHO WILL SERVE AS THE
EMERGENCY POINT OF CONTACT.
5. PROOF OF A VALID TRANSACTION PRIVILEGE TAX LICENSE.
6. ACKNOWLEDGMENT BY THE OWNER OF AN AGREEMENT TO COMPLY
WITH ALL APPLICABLE LAWS, REGULATIONS, AND ORDINANCES,
INCLUDING THE REQUIREMENT THAT THE OWNER AND EACH
DESIGNEE SHALL NOT BE A REGISTERED SEX OFFENDER, BEEN
CONVICTED OF ANY FELONY ACT THAT RESULTED IN DEATH OR
SERIOUS PHYSICAL INJURY, OR BEEN CONVICTED OF ANY FELONY USE
OF A DEADLY WEAPON WITHIN THE PAST FIVE YEARS.
7. ATTESTATION OF COMPLIANCE WITH THE NOTIFICATION REQUIRED
IN THIS ARTICLE.]
8. EVIDENCE OF LIABILITY INSURANCE APPROPRIATE TO COVER THE
VACATION RENTAL IN THE AGGREGATE OF AT LEAST $500,000 OR
EVIDENCE THAT EACH VACATION RENTAL TRANSACTION WILL BE
PROVIDED THROUGH A PLATFORM THAT PROVIDES EQUAL OR
GREATER PRIMARY LIABILITY INSURANCE COVERAGE FOR THE
VACATION RENTAL.
9. EVIDENCE THE VACATION RENTAL IS REGISTERED WITH PIMA
COUNTY ASSESSOR’S OFFICE IN ACCORDANCE WITH A.R.S. § 33-1902.
10. IF THE APPLICANT IS AN INDIVIDUAL, PROOF OF LAWFUL PRESENCE
IN THE UNITED STATES IN ACCORDANCE WITH A.R.S. §§ 1-502 AND 41-
1080.
C. LICENSE FEE.
{00454966.1}
EVERY APPLICATION, INCLUDING ANY RENEWAL APPLICATION, FOR A
VACATION RENTAL LICENSE UNDER THIS ARTICLE SHALL BE ACCOMPANIED BY
A NON-REFUNDABLE FEE ESTABLISHED BY TOWN COUNCIL RESOLUTION.
D. ISSUANCE; REASONS FOR DENIAL. THE TOWN OF ORO VALLEY SHALL ISSUE
OR DENY THE LICENSE WITHIN SEVEN (7) BUSINESS DAYS AFTER RECEIPT OF A
COMPLETE APPLICATION, EXCEPT THAT THE TOWN MAY DENY ISSUANCE OF A
LICENSE FOR ANY OF THE FOLLOWING REASONS:
1. THE APPLICANT FAILED TO PROVIDE THE INFORMATION REQUIRED
UNDER SUBSECTION B;
2. THE APPLICANT FAILED TO PAY THE LICENSE FEE REQUIRED UNDER
SUBSECTION C;
3. THE APPLICANT PROVIDED FALSE INFORMATION;
4. THE OWNER OR DESIGNEE OF THE OWNER: (I) IS A REGISTERED SEX
OFFENDER; (II) HAS BEEN CONVICTED OF ANY FELONY ACT THAT
RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR (III) HAS BEEN
CONVICTED OF ANY FELONY USE OF A DEADLY WEAPON WITHIN FIVE (5)
YEARS OF SUBMITTING THE APPLICATION; OR
5. AT THE TIME OF APPLICATION, THE OWNER HAS A SUSPENDED LICENSE
FOR THE SAME VACATION RENTAL OR ANY OF THE FOLLOWING APPLIES:
(A) ONE VIOLATION AT THE VACATION RENTAL THAT RESULTED IN OR
CONSTITUTED ANY OF THE OFFENSES DESCRIBED IN SEC. 8-8-11; OR (B)
THREE VIOLATIONS OF THIS ARTICLE AT THE VACATION RENTAL WITHIN A
TWELVE (12) MONTH PERIOD, NOT INCLUDING AN AESTHETIC, SOLID
WASTE DISPOSAL OR VEHICLE PARKING VIOLATION THAT IS NOT ALSO A
SERIOUS THREAT TO PUBLIC HEALTH AND SAFETY.
E. NOTICE OF DENIAL; APPEAL.
THE TOWN MANAGER OR DESIGNEE SHALL GIVE NOTICE OF THE DENIAL OF AN
APPLICATION TO THE APPLICANT BY EMAILING THE NOTICE TO APPLICANT AT
THE EMAIL ADDRESS LISTED ON THE APPLICATION. THE NOTICE OF THE DENIAL
SHALL INFORM THE APPLICANT OF THE RIGHT TO APPEAL THE DENIAL AS
PROVIDED FOR IN SEC. 8-8-13.
F. APPEALS FOR APPLICATION DENIALS AND SUSPENSION OF LICENSE:
1. THE LICENSING ADMINISTRATOR OR DESIGNEE MUST GIVE WRITTEN
NOTICE TO THE OWNER OR OWNER’S DESIGNEE OF A VIOLATION THAT
MAY RESULT IN THE SUSPENSION OF THE LICENSE. THE NOTICE MUST
INCLUDE A DESCRIPTION OF THE VIOLATION, THE STATUTORY OR CODE
REFERENCE, NOTIFICATION THAT A HEARING MAY BE REQUESTED, THE
{00454966.1}
TIME LIMIT FOR REQUESTING A HEARING, AND A WARNING THAT FAILURE
TO TIMELY REQUEST A HEARING MAY RESULT IN SUSPENSION OF THE
LICENSE. THE NOTICE MUST BE SERVED ON THE OWNER OR OWNER’S
DESIGNEE BY EITHER PERSONAL SERVICE OR REGISTERED/CERTIFIED MAIL
USING THE ADDRESS PROVIDED PURSUANT TO SEC. 8-8-13. SERVICE OF THE
NOTICE WILL BE DEEMED COMPLETE UPON MAILING TO, OR RECEIPT OF
PERSONAL SERVICE ON, THE OWNER OR OWNER’S DESIGNEE.
2. THE OWNER OR OWNER’S DESIGNEE RECEIVING A NOTICE UNDER SEC. 8-
8-13 MAY REQUEST A HEARING. IF REQUESTED, THE HEARING WILL BE
CONDUCTED IN THE SAME MANNER AS SET FORTH IN ORO VALLEY TOWN
CODE SEC. 8-8-13. REQUESTING A HEARING WILL STAY THE DECISION OF
THE LICENSING ADMINISTRATOR OR DESIGNEE TO SUSPEND A LICENSE
UNTIL THE CIVIL HEARING OFFICER HAS RENDERED A DECISION. IF THE
DECISION TO SUSPEND THE LICENSE IS UPHELD BY THE CIVIL HEARING
OFFICER, AND THE ORIGINAL PERIOD OF SUSPENSION HAS PASSED, IN
WHOLE OR IN PART, THE CIVIL HEARING OFFICER MAY DESIGNATE THE
PERIOD OF SUSPENSION FOR UP TO TWELVE (12) MONTHS.
3. IF THE OWNER OR OWNER’S DESIGNEE DOES NOT REQUEST A HEARING,
THE LICENSING ADMINISTRATOR OR DESIGNEE MAY SUSPEND THE
LICENSE FOR UP TO TWELVE (12) MONTHS.
G. MAINTAINING ACCURATE INFORMATION; VIOLATIONS.
ALL APPLICANTS AND PERSONS HOLDING LICENSES ISSUED PURSUANT TO THIS
ARTICLE SHALL GIVE [PRIOR] WRITTEN NOTICE TO THE LICENSING
ADMINISTRATOR OR DESIGNEE OF ANY MATERIAL CHANGE IN INFORMATION
SUBMITTED IN CONNECTION WITH AN APPLICATION FOR A LICENSE OR RENEWAL
OF A LICENSE. THE NOTICE SHALL BE PROVIDED TO THE LICENSING
ADMINISTRATOR OR DESIGNEE NOT LESS THAN TEN (10) DAYS PRIOR TO THE
EFFECTIVE DATE OF THE CHANGE. ANY INFORMATION REQUIRED FOR AN
APPLICATION UNDER THIS SECTION 8-8-3 IS DEEMED TO BE MATERIAL FOR
PURPOSES OF THIS SECTION 8-8-3. A VIOLATION OF THIS SUBSECTION IS A CIVIL
OFFENSE.
H. TERM OF LICENSE; RENEWAL APPLICATION.
ALL LICENSES ISSUED UNDER THIS ARTICLE SHALL BE VALID FOR A PERIOD
OF ONE (1) YEAR FROM THE DATE OF THEIR ISSUANCE / UNTIL SUSPENDED OR
REVOKED. EXCEPT WHERE THE TOWN HAS RECEIVED A NEW APPLICATION
ALONG WITH THE REQUISITE FEES, IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OPERATE A VACATION RENTAL AFTER THE EXPIRATION DATE RECORDED
UPON THE FACE OF THE VACATION RENTAL LICENSE.
I. OPERATING WITHOUT A LICENSE; PENALTIES.
A VACATION RENTAL THAT FAILS TO APPLY FOR A LICENSE WITHIN THIRTY
(30) DAYS OF THE LICENSE APPLICATION BEING MADE AVAILABLE BY THE
{00454966.1}
TOWN SHALL IMMEDIATELY CEASE OPERATIONS. IN ADDITION TO ANY
OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY CODE, THE TOWN
MAY IMPOSE A CIVIL PENALTY OF UP TO $1,000 PER MONTH AGAINST THE
OWNER IF THE OWNER OR OWNER’S DESIGNEE FAILS TO APPLY FOR LICENSE
WITHIN 30 DAYS OF RECEIVING THE WRITTEN NOTICE OF VIOLATION FROM
THE TOWN. REPRESENTATIONS OR ADVERTISEMENTS INCLUDING ONLINE
LISTINGS THAT REFERENCE THE PROPERTY, HOUSE OR DWELLING UNIT
LOCATION WITHIN THE TOWN OF ORO VALLEY INCORPORATED BOUNDARY
IS PRIMA FACIE EVIDENCE THAT A VACATION RENTAL IS OPERATING IN THE
TOWN.
J. NON-TRANSFERABLE.
NO LICENSE SHALL BE TRANSFERABLE EITHER AS TO LOCATION OR AS TO
PERSON.
K. IMPLEMENTATION.
THE TOWN OF ORO VALLEY MANAGER OR DESIGNEE SHALL DEVELOP THE
NECESSARY FORMS AND/OR DATABASE NECESSARY TO IMPLEMENT THIS
SECTION 8-8-3.
SEC. 8-8-4 EMERGENCY POINT OF CONTACT REQUIREMENTS;
PENALTIES.
A. EMERGENCY RESPONSES; VIOLATIONS.
WHEN REQUESTED BY A POLICE OFFICER, THE OWNER OR EMERGENCY POINT
OF CONTACT WHOSE NAME APPEARS ON THE LICENSE APPLICATION MUST BE
ON THE VACATION RENTAL PREMISES, OR BE AVAILABLE OVER THE PHONE OR
TEXT, WITHIN SIXTY (60) MINUTES OF THE REQUEST.
B. NON-EMERGENCY RESPONSES; VIOLATIONS.
THE OWNER OR EMERGENCY POINT OF CONTACT SHALL RESPOND TO ALL
OTHER COMPLAINTS RELATING TO THE VACATION RENTAL IN PERSON, OVER
THE PHONE, BY E-MAIL, OR BY TEXT WITHIN TWENTY-FOUR (24) HOURS OF THE
REQUEST.
C. MAINTAINING ACCURATE EMERGENCY INFORMATION.
ALL APPLICANTS AND PERSONS HOLDING LICENSES ISSUED PURSUANT TO THIS
ARTICLE SHALL GIVE PRIOR WRITTEN NOTICE TO THE LICENSING
ADMINISTRATOR OR DESIGNEE OF ANY CHANGE TO THE CONTACT INFORMATION
PROVIDED TO THE TOWN OF ORO VALLEY FOR THE EMERGENCY POINT OF
CONTACT. THE NOTICE SHALL BE PROVIDED TO THE LICENSING ADMINISTRATOR
NOT LESS THAN TEN (10) DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.
SEC. 8-8-5 COMPLIANCE WITH THE LAW; PROHIBITED USES.
{00454966.1}
A. A VACATION RENTAL SHALL COMPLY WITH THE FEDERAL, STATE, AND
LOCAL LAWS INCLUDING LAWS RELATING TO PUBLIC HEALTH AND SAFETY,
SANITATION, SOLID WASTE, HAZARDOUS WASTE, TAX PRIVILEGE LICENSING,
PROPERTY TAX REGISTRATION, TRAFFIC CONTROL, POLLUTION CONTROL,
NOISE, PROPERTY MAINTENANCE, AND NUISANCE ABATEMENT.
B. NO PERSON OR ENTITY SHALL OPERATE A VACATION RENTAL IN VIOLATION
OF THIS ARTICLE OR OTHER LAW. IN ADDITION, THE USE OF A VACATION
RENTAL PROPERTY FOR ANY OF THE FOLLOWING USES OR PURPOSES IS
STRICTLY PROHIBITED:
1. ANY NONRESIDENTIAL USE;
2. HOLDING A SPECIAL EVENT THAT REQUIRES A PERMIT PURSUANT TO
TOWN OR ORO VALLEY CODE OR STATE LAW OR RULE;
3. OPERATING A RETAIL BUSINESS, RESTAURANT, EVENT CENTER,
BANQUET HALL OR SIMILAR USE;
4. HOUSING SEX OFFENDERS;
5. OPERATING OR MAINTAINING A SOBER LIVING HOME;
6. SELLING LIQUOR, ILLEGAL DRUGS, OR PORNOGRAPHY;
7. OPERATING A NUDE OR TOPLESS DANCING;
8. OBSCENITY;
9. ADULT-ORIENTED BUSINESS; OR
10. ANY OTHER USE PROHIBITED BY A.R.S. § 9-500.39 OR THE TOWN OF ORO
VALLEY CODE.
C. A VACATION RENTAL LACKING A VALID TRANSACTION PRIVILEGE TAX
LICENSE ISSUED BY THE STATE OF ARIZONA SHALL NOT BE RENTED OR
OFFERED FOR RENT.
D. NO PERSON OR ENTITY OPERATING A SHORT TERM OR VACATION RENTAL
MAY RECEIVE PAYMENT OR ACCEPT A FEE, DIRECTLY OR INDIRECTLY, FOR
FACILITATING THE RENTAL OF A VACATION RENTAL OPERATING IN VIOLATION
OF THIS CODE OR OTHER LAW.
E. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, ANY PERSON WHO CAUSES, ALLOWS, FACILITATES, AIDES, OR
{00454966.1}
ABETS ANY VIOLATION OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
OFFENSE.
F. THE FAILURE OF ANY DESIGNEE TO COMPLY WITH THIS ARTICLE SHALL NOT
RELIEVE THE OWNER OF LIABILITY UNDER THIS ARTICLE.
SEC. 8-8-6 NEIGHBOR NOTIFICATION REQUIRED.
A. NEIGHBOR NOTIFICATION.
PRIOR TO SECURING A LICENSE FOR A VACATION RENTAL FOR RENT, THE
OWNER OR DESIGNEE SHALL PROVIDE NEIGHBOR NOTIFICATION TO EACH
SINGLE-FAMILY RESIDENTIAL PROPERTY ADJACENT TO THE VACATION RENTAL
PROPERTY, DIRECTLY ACROSS FROM THE VACATION RENTAL PROPERTY, AND
DIAGONALLY ACROSS THE STREET OF THE VACATION RENTAL PROPERTY. THE
NEIGHBOR NOTIFICATION SHALL BE PROVIDED IN WRITING IN THE FORM
REQUIRED BY THE TOWN, SHALL BE DISTRIBUTED VIA REGISTERED OR
CERTIFIED MAIL AND SHALL INCLUDE THE FOLLOWING MINIMUM
INFORMATION:
1. THE PHYSICAL ADDRESS OF THE VACATION RENTAL;
2. THE NAME, PHYSICAL ADDRESS, EMAIL ADDRESS, AND TWENTY-FOUR
(24) HOUR TELEPHONE NUMBER OF THE EMERGENCY POINT OF CONTACT.
B. ADDITIONAL NEIGHBOR NOTIFICATION REQUIRED.
ANY CHANGE TO THE INFORMATION PROVIDED UNDER SUBSECTION A SHALL
REQUIRE ADDITIONAL NEIGHBOR NOTIFICATION BY THE OWNER OR DESIGNEE
NOT LATER THAN FIVE (5) DAYS PRIOR TO EACH CHANGE. THE ADDITIONAL
NOTIFICATION SHALL BE PROVIDED IN THE MANNER REQUIRED BY SECTION A.
C. ATTESTATION.
THE OWNER OR DESIGNEE SHALL PROVIDE TO THE TOWN AN ATTESTATION OF
COMPLIANCE WITH THE NEIGHBOR NOTIFICATION REQUIRED BY SECTION 8-8-6.
D. VIOLATIONS.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, A VIOLATION OF THIS SECTION 8-8-6 SHALL BE A CIVIL OFFENSE.
SEC. 8-8-7 ADVERTISEMENT REQUIREMENTS.
A. REQUIRED DISCLOSURE.
TO PROTECT THE PEACE, HEALTH, SAFETY, AND GENERAL WELFARE OF THE
TOWN’S RESIDENTS AND VISITORS, THE OWNER OR OWNER’S DESIGNEE SHALL
{00454966.1}
BE RESPONSIBLE FOR DISPLAYING THE LICENSE NUMBER ISSUED BY THE TOWN
ON EACH ADVERTISEMENT FOR SUCH VACATION RENTAL.
B. VIOLATIONS.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY
CODE, A VIOLATION OF THIS SECTION SHALL BE A CIVIL OFFENSE. EACH
ADVERTISEMENT IN VIOLATION OF THIS SECTION 8-8-7 SHALL CONSTITUTE A
SEPARATE VIOLATION.
SEC. 8-8-8 POSTING ON THE PROPERTY REQUIRED.
A. POSTING AT THE VACATION RENTAL.
THE OWNER OF THE VACATION RENTAL MUST DISPLAY THE NAME, PHONE
NUMBER, AND EMAIL ADDRESS OF THE OWNER, DESIGNEE, AND EMERGENCY
POINT OF CONTACT OUTSIDE THE RESIDENCE, ON A FORM PROVIDED BY THE
TOWN, IN A CONSPICUOUS PLACE WITHIN TEN (10) FEET OF THE PRIMARY
ENTRANCE OF THE VACATION RENTAL, OR AS APPROVED BY THE LICENSING
ADMINISTRATOR OR DESIGNEE.
B. FAILURE TO COMPLY.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY
CODE, A VIOLATION OF THIS SECTION 8-8-8 SHALL BE A CIVIL OFFENSE. EACH DAY
A VACATION RENTAL DOES NOT DISPLAY THE INFORMATION REQUIRED BY THIS
SECTION 8-8-8 SHALL CONSTITUTE A SEPARATE VIOLATION.
SEC. 8-8-9 INSURANCE REQUIRED.
A. REQUIRED INSURANCE.
PRIOR TO OFFERING OR RENTING A VACATION RENTAL FOR RENT FOR THE
FIRST TIME, LIABILITY INSURANCE APPROPRIATE TO COVER THE VACATION
RENTAL IN THE AGGREGATE OF AT LEAST $500,000 SHALL BE PROVIDED BY
THE OWNER OR THE ONLINE MARKETPLACE PLATFORM.
B. PROOF OF INSURANCE.
PROOF OF THE REQUIRED LIABILITY INSURANCE COVERAGE SHALL BE
PROVIDED TO THE TOWN AT THE TIME OF APPLICATION OR RENEWAL OF A
LICENSE REQUIRED BY THIS SECTION.
C. VIOLATION.
IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO VALLEY
CODE, A VIOLATION OF THIS SECTION 8-8-9 SHALL BE A CIVIL OFFENSE. EACH DAY
A VACATION RENTAL LACKS THE INSURANCE REQUIRED BY THIS SECTION 8-8-9
SHALL CONSTITUTE A SEPARATE VIOLATION.
{00454966.1}
SEC. 8-8-10 BACKGROUND CHECKS REQUIRED.
A. NO SEX OFFENDER SHALL BE LICENSED TO RENT OR OCCUPY THE
VACATION RENTAL. OWNERS WHO ALLOW A SEX OFFENDER AT THE
VACATION RENTAL SHALL BE FOUND IN VIOLATION OF THIS SECTION 8-8-10.
B. WITHIN TWENTY-FOUR (24) HOURS OF EVERY BOOKING, A SEX OFFENDER
BACKGROUND CHECK ON EACH GUEST SHALL BE CONDUCTED BY THE
OWNER OR BY THE ONLINE LODGING MARKETPLACE ON WHICH THE
VACATION RENTAL IS ADVERTISED. THE OWNER SHALL DEMONSTRATE
COMPLIANCE WITH THIS REQUIREMENT BY RETAINING A FULL COPY OF EACH
BACKGROUND CHECK FOR A MINIMUM OF TWELVE (12) MONTHS AFTER THE
BOOKING DATE AND PROVIDING THE COPY TO THE TOWN OF ORO VALLEY
UPON A REQUEST BY A POLICE OFFICER.
C. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, ANY PERSON WHO VIOLATES THIS SECTION 8-8-10 SHALL BE
SUBJECT TO A CIVIL OFFENSE.
D. THE FAILURE OF AN ONLINE LODGING MARKETPLACE TO CONDUCT A
BACKGROUND CHECK SHALL NOT RELIEVE THE OWNER OF LIABILITY UNDER
THIS SEC. 8-8-10.
SEC. 8-8-11 LICENSE SUSPENSIONS.
A. LICENSE SUSPENSIONS.
THE TOWN MAY INITIATE AN ADMINISTRATIVE PROCESS TO SUSPEND A
VACATION RENTAL LICENSE FOR A PERIOD OF UP TO TWELVE (12) MONTHS
FOR ANY OF THE FOLLOWING:
1. THREE (3) VERIFIED VIOLATIONS OF THIS ARTICLE WITHIN A TWELVE
(12) MONTH PERIOD, NOT INCLUDING ANY SUCH VIOLATION BASED ON
AN AESTHETIC, SOLID WASTE DISPOSAL OR VEHICLE PARKING
VIOLATION THAT IS NOT ALSO A SERIOUS THREAT TO PUBLIC HEALTH
AND SAFETY.
2. ONE (1) VERIFIED VIOLATION THAT RESULTS IN OR CONSTITUTES
ANY OF THE FOLLOWING:
A. A FELONY OFFENSE COMMITTED AT OR IN THE VICINITY OF A
VACATION RENTAL BY THE OWNER OF THE VACATION RENTAL
OR BY THE OWNER’S DESIGNEE;
{00454966.1}
B. A SERIOUS PHYSICAL INJURY OR WRONGFUL DEATH AT OR
RELATED TO A VACATION RENTAL RESULTING FROM THE
KNOWING, INTENTIONAL OR RECKLESS CONDUCT OF THE
OWNER OF THE VACATION RENTAL OR THE OWNER’S DESIGNEE;
C. THE OWNER OF THE VACATION RENTAL OR THE OWNER’S
DESIGNEE KNOWINGLY OR INTENTIONALLY HOUSING A SEX
OFFENDER, ALLOWING OFFENSES RELATED TO ADULT-
ORIENTED BUSINESSES, SEXUAL OFFENSES, OR PROSTITUTION,
OR OPERATING OR MAINTAINING A SOBER LIVING HOME; OR
D. THE OWNER OF THE VACATION RENTAL OR THE OWNER’S
DESIGNEE KNOWINGLY OR INTENTIONALLY ALLOWING THE USE
OF A VACATION RENTAL FOR A SPECIAL EVENT THAT WOULD
OTHERWISE REQUIRE A LICENSE OR LICENSE PURSUANT TO THE
TOWN OF ORO VALLEY CODE OR A STATE LAW OR RULE OR FOR
A RETAIL, RESTAURANT, BANQUET SPACE OR OTHER SIMILAR
USE.
B. APPEALS.
A DECISION TO SUSPEND A LICENSE MAY BE APPEALED BY THE OWNER AS
SET FORTH IN SEC. 8-8-13.
SEC. 8-8-12 VIOLATIONS AND PENALTIES.
A. THE REMEDIES IN THIS ARTICLE ARE CUMULATIVE AND THE TOWN MAY
PROCEED UNDER ONE OR MORE SUCH REMEDIES.
B. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE TOWN OF ORO
VALLEY CODE, AND NOTWITHSTANDING ANY OTHER LAW, THE TOWN MAY
IMPOSE A CIVIL PENALTY OF THE FOLLOWING AMOUNTS AGAINST AN OWNER
IF THE OWNER CAUSES, ALLOWS, FACILITATES, AIDES, OR ABETS A VERIFIED
VIOLATION OF ANY PROVISION OF THIS ARTICLE OR FAILS TO PERFORM ANY
ACT OR DUTY REQUIRED BY THIS ARTICLE, RELATED TO THE SAME VACATION
RENTAL PROPERTY WITHIN THE SAME TWELVE-MONTH PERIOD:
1. UP TO $500 OR UP TO AN AMOUNT EQUAL TO ONE NIGHT’S RENT FOR
THE VACATION RENTAL AS ADVERTISED, WHICHEVER IS GREATER, FOR
THE FIRST VIOLATION.
2. UP TO $1,000 OR UP TO AN AMOUNT EQUAL TO TWO NIGHTS’ RENT
FOR THE VACATION RENTAL AS ADVERTISED, WHICHEVER IS GREATER,
FOR THE SECOND VIOLATION.
{00454966.1}
3. UP TO $3,500 OR UP TO AN AMOUNT EQUAL TO THREE NIGHTS’ RENT
FOR THE VACATION RENTAL AS ADVERTISED, WHICHEVER IS GREATER,
FOR A THIRD AND ANY SUBSEQUENT VIOLATION.
IF MULTIPLE VIOLATIONS ARISE OUT OF THE SAME RESPONSE TO AN
INCIDENT AT A VACATION RENTAL, THOSE VIOLATIONS ARE CONSIDERED
ONE VIOLATION FOR THE PURPOSE OF ASSESSING CIVIL PENALTIES.
C. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THE CODE, ANY
PROPERTY THAT OPERATES AS A VACATION RENTAL AND FAILS TO APPLY
FOR VACATION RENTAL LICENSE IN ACCORDANCE WITH THIS ARTICLE
WITHIN THIRTY (30) DAYS OF THE APPLICATION PROCESS BEING MADE
AVAILABLE BY THE TOWN, MUST CEASE OPERATIONS IMMEDIATELY. IN
ADDITION TO ANY FINES IMPOSED PURSUANT TO THIS SECTION 8-8-12, THE
TOWN MAY IMPOSE A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS
($1,000) PER MONTH AGAINST THE OWNER IF THE OWNER OR OWNER’S
DESIGNEE FAILS TO APPLY WITHIN THIRTY (30) DAYS OF RECEIVING WRITTEN
NOTICE OF THE FAILURE TO COMPLY WITH THIS ARTICLE.
SEC. 8-8-13 APPEALS.
A. ANY PERSON AGGRIEVED BY ANY DECISION WITH RESPECT TO THE DENIAL OF
OR A REFUSAL TO ISSUE A VACATION RENTAL LICENSE, THE SUSPENSION OF A
VACATION RENTAL LICENSE, OR A PENALTY IMPOSED PURSUANT TO THIS
ARTICLE MAY APPEAL THE DECISION BY FILING A WRITTEN NOTICE OF APPEAL
WITH THE TOWN MANAGER OR DESIGNEE NO LATER THAN THIRTY (30) DAYS
FROM THE DATE OF THE DECISION LETTER. THE NOTICE OF APPEAL SHALL BE ON
A FORM APPROVED BY THE TOWN.
B. AN APPEAL UNDER THIS SECTION 8-8-13 DOES NOT OPERATE AS A STAY OF THE
LICENSE SUSPENSION.
C. THIS SECTION 8-8-13 IS NOT APPLICABLE TO JUDICIAL ACTIONS BROUGHT
PURSUANT TO SEC. 8-8-14 OR TO PENALTIES INCLUDING FINES IMPOSED BY A
COURT.
SEC. 8-8-14 JUDICIAL RELIEF.
A. NOTWITHSTANDING SEC. 8-8-11, ANY ATTEMPTED OR COMPLETED FELONY
ACT, ARISING FROM THE OCCUPANCY OR USE OF A VACATION RENTAL THAT
RESULTS IN A DEATH, OR ACTUAL OR ATTEMPTED SERIOUS PHYSICAL
INJURY, SHALL BE GROUNDS FOR JUDICIAL RELIEF IN THE FORM OF A
SUSPENSION OF THE PROPERTY'S USE AS A VACATION RENTAL FOR A PERIOD
THAT SHALL NOT EXCEED TWELVE (12) MONTHS.
{00454966.1}
B. THE TOWN OF ORO VALLEY ATTORNEY MAY INITIATE PROCEEDINGS IN THE
TOWN OF ORO VALLEY COURT OR OTHER COURT OF COMPETENT
JURISDICTION TO ENFORCE THIS SECTION 8-8-14.
SEC. 8-8-15 SEVERABILITY.
IN THE EVENT ANY SECTION OR PROVISION OF THIS ARTICLE SHALL BE
DECLARED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR
UNCONSTITUTIONAL, SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF
THIS ARTICLE AS A WHOLE OR ANY PART THEREOF OTHER THAN THE PART SO
DECLARED TO BE INVALID OR UNCONSTITUTIONAL.
Town Council Regular Session 3.
Meeting Date:01/04/2023
Requested by: Paul Keesler Submitted By:Paul Keesler, Public Works
Department:Public Works
SUBJECT:
UPDATE AND PROGRESS REPORT REGARDING THE PARKS & RECREATION PROJECTS FUNDED BY THE
COUNCIL APPROVED BOND
RECOMMENDATION:
This item is for presentation only.
EXECUTIVE SUMMARY:
Staff is presenting a progress update for the Parks & Recreation projects funded by the Council-approved Bond,
including:
Naranja Park Expansion
Golf Course Irrigation Replacement
Tennis Courts Reconstruction & Expansion (Community Center)
Multiuse Path Connections
Community Center Parking Lot Reconstruction & Expansion
BACKGROUND OR DETAILED INFORMATION:
At the November 16, 2022, Town Council meeting, the Parks Bond projects were reconfigured to better align with
both Council expectations as well as identified available funding sources. As requested, Town staff are returning to
discuss progress over the past month and a half, as well as the current budget and schedule.
Naranja Park Expansion
Progress
Over the past month and a half, the team has been revising the design of the Skate/Pump Track portion of
the project, working on the reconfigured infrastructure, reconfigured splash pad, and progressing with the
field design as their seeding is time-dependant.
However, given the past month and a half has covered the heaviest of the annual holiday seasons, the
progress has only been on concept for the skate/pump track and splash pad areas.
Schedule
There have been some minor schedule setbacks as we have been retooling the project. As such, there is a
noticeable slow-down in the field as the designs are reconfigured to meet the parameters of the value
engineering (VE) redesign. However, the new multi-use fields are progressing as the VE redesign had little
impact on the actual reduced field construction.
The contractor is evaluating a secondary method of paving the park - the utilization of RAP (Recycled Asphalt
Paving) instead of a double shot chipseal with a slurry coat finish. If the costs are comparable, this may
become a better alternative as it more closely behaves and feels like conventual asphalt paving. But this
option will only be implemented if it can fit within the current allocated budget.
Cost
The current cost, as provided by the contractor's latest breakdown (12/22/22), is 21,600,000.
The current cost, as provided by the contractor's latest breakdown (12/22/22), is 21,600,000.
Challenges
Construction material market volatility. Wood has dramatically decreased. However, asphalt is currently
spiking in cost, and concrete remains steadily high.
Golf Course Irrigation Replacement
Progress
The project is currently on hold until the end of April, when phase 2 construction will start.
Schedule
The schedule includes the closure of the course at the end of April and then reopening after the overseeing is
complete at the end of October/early November 2023.
Cost
The project is under a signed contract. The total cost of the contractor to complete both courses under the
original contract is $8,146,616. This project still, after the VE process discussed last November, has a
remaining contingency of $414,662. This separate contingency is an assurance that the project will
continue to remain within the VE presented overall budget.
Challenges
The challenges to this project are very minimal due to the pre-purchase of piping materials. The largest
challenge remaining is the timing between constructing the irrigation system replacement and maintenance
of the cart paths, thereafter, to be completed before reseeding commences and the course is subsequently
opened to the public.
Tennis Courts Reconstruction & Expansion (Community Center)
This project is 100% complete, including punch-list items, and is now within the warranty period.
Multi-use Path Connections
La Canada Drive
Progress
This project is being retooled to just encompass filling the gap between Canada Hills Drive and the
Community Center entrance. Staff will have more of an update once the plans are revised and completed.
We will bid this project through an approved Job Order Contract (JOC) contractor to save time and control
costs.
Schedule
The schedule has not been updated for the new scope yet.
Cost
The current projected cost of the project to the Town is $260,000. The remainder of the funding is being
provided by the RTA ($420,000).
Challenges
The cost of asphalt is spiking, as well as available contractors to execute the project. This will have cost and
schedule implications as it may be prudent to wait for costs to adjust, such as wood has recently, if we are
beyond the anticipated budget during bidding.
In addition, the width of the La Canada right-of-way is narrow and we may need a construction easement
from the Canada Hills HOA.
Naranja Drive
This project is now completely covered under external funding (Federal and RTA), along with a new schedule
as Federalized projects follow different processes, policies and execution. There are two Intergovernmental
Agreements (IGA's) needed, where the first one (funding from the RTA) is complete. The other IGA is the
execution of the project by a Federally Authorized agent - in this case ADOT. The Federal funding is directly
execution of the project by a Federally Authorized agent - in this case ADOT. The Federal funding is directly
paid to ADOT and does not pass through the Town. The Town will need an IGA with ADOT for execution of
the project. That IGA will be submitted for approval by the Council early within the new year. An updated
schedule will be presented once ADOT has fully started the project.
CDO to JDK
Since this project is now deferred, staff will return to Council once a funding source is identified and the
project is reinstated to be constructed.
Community Center Parking Lot Reconstruction & Expansion
This project has not started the VE reconfiguration yet. This project will begin redesign to meet VE
reconfiguration parameters within the New Year. The budget for this project currently remains at $600,000.
FISCAL IMPACT:
The fiscal impacts as identified November 16th, 2022 still hold:
The overall cost to complete the above five project areas is $34,000,000 (this is rounded from the
$33,987,327 figure presented this past November). The rounding is under anticipated contingencies expected
to be needed for completion.
$34,923,498 funding sources for the project:
Parks Bond $25,000,000
Community Center Fund $2,100,000
ARPA $4,623,498
Capital Fund Contingency $3,200,000 (Council approved at the November 16th meeting)
There was also authorization to use available Parks & Recreation Impact Fee collections as well. The approach will
be to utilize impact fee revenues first and then Capital Fund Contingency Reserves as a means of providing a
modest contingency reserve for the project(s). Any unused contingency will be realized as unused Capital Fund
Contingency.
SUGGESTED MOTION:
This item is for informational purposes to keep the Council apprised of progress, schedule and costs.
Attachments
Staff Presentation
Parks Bond Projects
Progress Update
Town Council
January 4, 2023
2
Current Bond Projects Financial Overview
Town Expenditures: $34,000,000
Naranja Park Expansion –Based on contractor 12-22-22 latest contracts and cost estimates $21,600,000
Golf Course Irrigation Replacement (including dedicated contingency)$8,750,000
Tennis Courts Reconstruction & Expansion (Finished & final cost) $2,790,000
Multiuse Path Connections $260,000
Community Center Parking Lot Reconstruction & Expansion $600,000
Available Funding: $34,923,498
Parks Bond $25,000,000
Community Center Fund $2,100,000
ARPA $4,623,498
Capital Fund Contingency (Council approved at the November 16th meeting)$3,200,000
Total Contingencies: $1,337,498
Overall for Naranja Park, MUP’s & CRC Parking Lot $923,498
Contained within the Golf Irrigation Expansion budget (included above within expenditures) $414,000
Creates approximately a 4% contingency overall and 6% for remaining work
Naranja Park Expansion Update
Progress
Over the past month and a half, the team has been revising the design of the Skate/Pump Track portion of the project,
working on the reconfigured infrastructure, reconfigured splash pad, and progressing with the field design as their seeding i s
time-dependent.
However, given the past month and a half has covered the heaviest of the annual holiday seasons, the progress has only been
on concept for the skate/pump track and splash pad areas.
Schedule
There have been some minor schedule setbacks as we have been retooling the project. As such, there is a noticeable slow -
down in the field as the designs are reconfigured to meet the parameters of the value engineering (VE) redesign. However,
the new multi-use fields are progressing as the VE redesign had little impact on the actual reduced field construction.
The contractor is evaluating a secondary method of paving the park -the utilization of RAP (Recycled Asphalt Paving) instead
of a double shot chipseal with a slurry coat finish. If the costs are comparable, this may become a better alternative as it
more closely behaves and feels like conventual asphalt paving. But this option will only be implemented if it can fit within the
current allocated budget.
Cost
The current cost, as provided by the contractor's latest breakdown (12/22/22), is 21,600,000.
Challenges
Construction material market volatility. Wood has dramatically decreased. However, asphalt is currently spiking in cost, and
concrete remains steadily high.
Next Steps 3
Current Naranja Park Site Plan
4
This site plan
includes existing,
being
constructed
under current
project and
deferred
amenities to be
built in the future
Deferred
amenities will be
shovel ready for
future
construction as
funding becomes
available
Golf Course Irrigation Replacement Update
Progress
The project is currently on hold until the end of April, when phase 2 construction will start.
Schedule
The schedule includes the closure of the course at the end of April and then reopening after the overseeing is
complete at the end of October/early November 2023.
Cost
The entire project is under a signed contract. With Phase 1 complete, there is still $4,400,000 worth of work to be
completed for Phase 2. This includes construction contract, construction administration and a remaining contingency
of $414,000. This separate contingency is an assurance that the project will continue to remain within the VE
presented overall budget.
Challenges
The challenges to this project are very minimal due to the pre-purchase of piping materials. The largest challenge
remaining is the timing between constructing the irrigation system replacement and maintenance of the cart paths,
thereafter, to be completed before reseeding commences and the course is subsequently opened to the public.
Next Steps
5
Multi-Use Path Connections Update
La Canada Drive
Progress
This project is being retooled to just encompass filling the gap between Canada Hills Drive
and the Community Center entrance. Staff will have more of an update once the plans are
revised and completed. We will bid this project through an approved Job Order Contract
(JOC) contractor to save time and control costs.
Schedule
The schedule has not been updated for the new scope yet.
Cost
The current projected cost of the project to the Town is $260,000. The remainder of the
funding is being provided by the RTA ($420,000).
Challenges
The cost of asphalt is spiking, as well as available contractors to execute the project. This
will have cost and schedule implications as it may be prudent to wait for costs to adjust,
such as wood has recently, if we are beyond the anticipated budget during bidding.
In addition, the width of the La Canada right-of-way is narrow and we may need a
construction easement from the Canada Hills HOA.
Next Steps
6
Multi-Use Path Connections Update
Naranja Drive
Progress
This project is now completely covered under external funding (Federal and RTA), along with a new schedule as Federalized
projects follow different processes, policies and execution. Scope is now from La Canada to 1 st Ave., along the north side of
the ROW.
There are two Intergovernmental Agreements (IGA’s) required:
•Allowing the RTA funding portion to flow through the Town and to ADOT –is now complete.
•An IGA with ADOT for management and executing the project. Federal funding requires an authorized agent to execute the work. ADOT is
approved as a Federally authorized agent. That IGA will be submitted for approval by the Council early within the new year.
Schedule
Once the ADOT IGA is processed, ADOT will establish the design and construction schedule.
Cost
No cost to the Town. This project is being 100% funded by exterior sources. The RTA funding flows through the Town to
distribute to ADOT. The Federal funding flows directly to ADOT.
Challenges
Maintaining the project within the budgeted funding. The Town is responsible for overages and unforeseen conditions. So,
the Town will have staff assigned to assist ADOT and monitor the project to advert any over cost impacts or conditions and
suggest Town sanctioned remedies to maintain original budget.
Next Steps 7
Community Center Parking Lot Reconstruction & Expansion Update
Progress
This project is being retooled to just encompass clearing,
regrading and paving the dirt lot into the existing parking lot to
seamlessly expand the asphalt surfacing. Then the existing
parking pattern will be extended into this new area.
Redesign has not started yet. Working to complete a new
concept in January 2023.
Schedule
The schedule has not been updated for the new scope yet.
Cost
Current staff derived estimate is $600,000
Challenges
The cost of asphalt is spiking, as well as diminished availability of
contractors to execute the project. This will have cost and
schedule implications as it may be prudent to wait for costs to
adjust, such as wood has recently, if we are beyond the
anticipated budget during bidding.
Next Steps
8
9
Questions?
Town Council Regular Session 4.
Meeting Date:01/04/2023
Submitted By:David Gephart, Finance
Department:Finance
SUBJECT:
RESOLUTION NO. (R)23-01, PRESENTATION, DISCUSSION AND POSSIBLE ACTION TO ADOPT REVISED
FINANCIAL AND BUDGETARY POLICIES
RECOMMENDATION:
The Budget and Finance Commission and Town staff recommend approval.
EXECUTIVE SUMMARY:
The purpose of this item is to submit for review, consideration and adoption by the Town Council, a resolution
adopting proposed updates to the financial policies for the Town of Oro Valley.
BACKGROUND OR DETAILED INFORMATION:
Periodically, it is necessary to review and update Town financial and budgetary policies to incorporate best
practices reflecting current business practices and philosophy. Government Finance Officers' Association (GFOA)
best practices recommend review and approval on an annual basis.
The revision of the policies presented this evening is fairly minor and nuanced in retaining the formatting of the prior
policies.
Staff presented proposed changes for review and comment to the Budget and Finance Commission (BFC) over two
(2) separate meetings on October 18, 2022, and November 15, 2022. Much thought and deliberation was invested
by both the BFC and staff to ensure the revised policy document reflects the highest degree of professionalism,
best practices, and structure, reflecting current Town processes and priorities. The proposed revisions and updates
have been unanimously recommended by the BFC for Council consideration and approval.
Changes from current policy are highlighted as follows:
1) Policy 1-3 Fiscal Monitoring & Reporting: 1.0 - Changes the forecasts to be updated on a quarterly basis, rather
than monthly
2) Policy 1-4 Banking and Investments: 6.10 - Clarification has been added that money market mutual funds that are
treasury-based are priced at $1/share
3) Policy 1-5 Capital Expenditures and Improvements: Lease, Lessor, and Lessee definitions have been added.
Additionally, Policy 3.0 is new, dealing with leases and capitalization thresholds due to implementation of GASB-87.
4) Policy 1-9 Debt: 2.0: A statement has been added that non-enterprise fund debt will only be considered should
excise taxes exceed 3x the annual debt service requirements of existing and proposed debt.
5) Policy 1-10 Fund Balance: 1.0 - The target committed fund balance has been increased from 25% to 30%
6) Policy 1-10 Fund Balance: 2.0 - The target unassigned fund balance is a positive balance
7) Policy 1-10 Fund Balance: The GASB-54 matrix in Policy 3.0 now includes the Grant/Contracts Fund, which is a
newly established fund, as a Restricted Fund Balance
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
SUGGESTED MOTION:
I MOVE to APPROVE/DENY Resolution No. (R)23-01, adopting revised financial and budgetary policies.
Attachments
(R)23-01 Resolution Financial and Invest Policies
Revised draft financial and budgetary policies
Staff Presentation
RESOLUTION NO. (R)23-01
A RESOLUTION OF THE MAYOR AND COUNCIL OF
THE TOWN OF ORO VALLEY, ARIZONA, AMENDING
AND APPROVING UPDATES TO THE FINANCIAL AND
BUDGETARY POLICIES AND THE INVESTMENT
POLICY FOR THE TOWN OF ORO VALLEY
WHEREAS, on June 17, 2015, the Town Council approved Resolution No. (R)15-50, adopting
the “Town of Oro Valley Financial and Budgetary Policies” as amended; and
WHEREAS, on September 15, 2010, the Town Council approved Resolution No. (R)10-65,
adopting the “Town of Oro Valley Investment Policy” as amended; and
WHEREAS, the Council has determined that it is appropriate and necessary to update the
“Town of Oro Valley Financial and Budgetary Policies” and the “Town of Oro Valley
Investment Policy” to bring the policies in line with current financial practices, procedures, and
strategies of the Town by replacing, as of the date of this Resolution, such policies with the
documents attached hereto as Exhibit “A” (Town of Oro Valley Financial and Budgetary
Policies), and incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona that:
SECTION 1. The updates to the Town of Oro Valley Financial and Budgetary Policies now
including the revised Town of Oro Valley Investment Policy is hereby adopted and approved.
SECTION 2. The Town Manager and any other administrative officials, or their designees of
the Town of Oro Valley are hereby authorized to take such steps as are necessary to implement
the Town of Oro Valley Financial and Budgetary Policies as amended.
SECTION 3. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances,
Resolutions or Motions of the Council in conflict with the provisions of this Resolution are
hereby repealed.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this
4th day of January, 2023.
TOWN OF ORO VALLEY
Joseph C. Winfield, Mayor
ATTEST: APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
1
Town of Oro Valley, Arizona
Financial and Budgetary Policies
Guiding Principles:
The Town of Oro Valley has an important responsibility to its residents to carefully account for
public funds, manage its finances prudently and plan for the adequate funding of services desired
by the public. Sound financial policies help ensure the Town’s capability to adequately fund and
provide government services desired by the community. The policies contained herein are
designed to foster and support the continued financial strength and stability of the Town of Oro
Valley. Following these policies enhances the Town’s financial health as well as its image and
reputation with residents, the general public, bond and credit rating agencies and investors. The
policies serve as guidelines for the Town’s overall fiscal planning and management. In addition,
both the Government Finance Officers Association (GFOA) and the National Advisory Council on
State and Local Budgeting (NACSLB) recommend formal adoption of financial policies by the
jurisdiction’s governing board. The most recent Town Council amendment and re-adoption of
the policies occurred on July 7, 2021 per Resolution (R)21-37.
2
Table of Contents
1-1 Annual Budget Process 3
1-2 Strategic Long-Range Financial Planning 6
1-3 Fiscal Monitoring & Reporting 7
1-4 Banking and Investments 8
1-5 Capital Expenditures and Improvements 14
1-6 PSPRS Pension Funding 17
1-7 Revenues 21
1-8 Expenditures 23
1-9 Debt 25
1-10 Fund Balance 27
1-11 Internal Controls 30
1-12 Grants 31
1-13 Accounting, Auditing, and Financial Reporting 32
3
Town of Oro Valley Policy
Annual Budget Process
1-1
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for setting guidelines for budgeting to help ensure a financially
sound, accountable, and transparent process.
Scope: All personnel
Definitions:
Appropriations: The legal authority to spend money granted through an adopted budget.
Balanced budget: A financial plan in which all resources are equal to all requirements.
Budget: A financial plan estimating revenues and expenditures over a set period of time, which
is usually one fiscal year.
Capital budget: A financial plan specific to procurement of durable, higher value purchases which
satisfy requirements of the capital threshold of the Town, along with the resources necessary to
fund the capital purchases.
Contingency: Planned financial reserves in a fund that are not dedicated to a particular function,
department or activity, whose purpose is to mitigate uncertainty inherent in cost estimates, as
well as unpredictable risk exposure.
Fiscal year: A year utilized for financial reporting and budgeting purposes. For the Town, the
fiscal year begins July 1 and ends June 30.
Fund: A fiscal and accounting entity with a self -balancing set of accounts.
One-time revenues: Revenues which are expected to only be received once, and do not provide
an ongoing inflow of monies to the Town.
Operating budget: A financial plan of current annual spending, along with the resources
necessary to pay for it.
4
Recurring expenditures: Expenditures which are expected to be incurred regularly and routinely
required by Town operations.
Recurring revenues: Revenues which are expected to provide an ongoing inflow of monies to the
Town.
Structurally balanced budget: A budget in which all recurring revenues are equal to all recurring
expenditures.
Policy:
1.0 Operating Budget and Capital Budget – The operating budget and capital budget shall
serve as the annual financial plan of the Town. The budget shall provide staff with the
resources necessary to accomplish the Town Council’s determined service levels, and will
serve as the policy documents of the Town Council for implementing its Strategic
Leadership Plan and other plans as periodically adopted by the elected body or voted on
by the community.
2.0 Budget Timelines – The Town Manager shall annually prepare and present a Town
Manager’s Recommended Budget to Town Council at least two months prior to the
beginning of a new fiscal year. Based upon feedback from Town Council, a Tentative
Budget shall be developed and approved by Town Council prior to the beginning of a new
fiscal year establishing the maximum level of spending for the new fiscal year. The final
budget shall be adopted by Town Council no later than July 31. The Town Manager shall
meet all budget requirements specified in State Law.
3.0 Balanced Budget – The proposed budget will be balanced for the ensuing fiscal year.
Deferrals, short-term loans, or one-time revenue sources will be avoided as budget
balancing techniques.
4.0 Contingency – The budget shall include contingency appropriation to provide for
unanticipated increases in service delivery costs, emergencies, and needs that may arise
through the fiscal year. The contingency appropriation may only be expended upon Town
Council approval.
5.0 Current Funding Basis – The Town shall budget and operate on a current funding basis.
Expenditures shall be budgeted and controlled so as not to exceed expected current
revenues. The Town shall strive to achieve a structurally balanced budget whereby
recurring expenditures are funded exclusively with recurring revenues.
6.0 Budget Development – The Town will use strategic, multi-year fiscal planning,
conservative revenue forecasts and a program/performance-based budgeting method.
This method requires each department to establish fiscal year goals and objectives that
will be evaluated to determine the effectiveness and efficiency of both department and
Town resources, such process and procedure to be up to the Town Manager . Utilization
of the program/performance budget format will provide a basis for evaluation of service
and other impacts of potential increases or decreases in funding. The budget will
incorporate the best available estimates of revenues and expenditures.
5
7.0 Budget Management – The Town Council shall delegate authority to the Town Manager
in managing the budget after it is formally adopted, including transfer of funds within
programs, categories, and departments. The Town Manager may further delegate levels
of authority for the daily operation of the budget.
8.0 Level of Budget Adoption – The annual budget shall be adopted at the fund level, except
in the General Fund where it shall be adopted at the department level. To provide
sufficient control and accountability, budgets shall be prepared and monitored by major
expenditure categories (personnel, operations and maintenance, capital outlay, debt
service).
9.0 Appropriations – All appropriations shall lapse at the end of the fiscal year. There is no
carryover of appropriations from year to year.
6
Town of Oro Valley Policy Strategic Long-Range Financial Planning
1-2
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for long-range forecasting and planning to help ensure a
financially sound, accountable, and transparent Town.
Scope: All personnel
Definitions: None
Policy:
1.0 Five-year Forecast of Revenues and Expenditures – A five-year forecast of revenues and
expenditures, to include a discussion of major trends affecting the Town’s financial
position, shall be prepared in anticipation of the annual budget process. The forecast
shall also examine critical issues facing the Town, economic conditions, and the outlook
for the upcoming budget year.
7
Town of Oro Valley Policy Fiscal Monitoring & Reporting
1-3
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for preparing and presenting regular reports that analyze,
evaluate, and forecast the Town’s financial performance and economic condition .
Scope: All personnel
Definitions: None
Policy:
1.0 Financial Status and Performance Reports – Monthly reports comparing expenditures and
revenues to current budget, noting the status of fund balances to include dollar amounts
and percentages, and outlining any remedial actions necessary to maintain the Town’s
financial position shall be prepared for review by the Town Manager and Town Council.
The monthly reports shall also contain forecasts, updated on a quarterly basis, projecting
expenditures and revenues through the end of the fiscal year .
2.0 Status Report on Capital Projects – A summary report on the contracts awarded, capital
projects completed, and the status of the Town’s various capital programs will be
prepared at least quarterly and presented to the Town Manager and Town Council.
3.0 Compliance with Financial Policy Statements – Financial policies will be reviewed annually
by the Town Council and updated, revised or refined as deemed necessary. Policy
statements adopted by the Council are guidelines and occasionally exceptions may be
appropriate and required. However, exceptions to stated policies will be specifically
identified and the need for the exception will be documented and fully explained.
8
Town of Oro Valley Policy Banking and Investments
1-4
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for investing Town cash and investments to ensure its safety,
provide for necessary liquidity, and optimize yield.
Scope: All personnel
Definitions:
Credit risk: The risk of loss due to the failure of the security or backer and/or banks.
Interest rate risk: The risk that the market value of securities will fall or rise due to changes in
market interest rates.
Policy:
1.0 Objective – While conforming to federal, state, and other legal requirements the
primary objectives of the Town of Oro Valley investment activities shall be: Safety,
Liquidity and Yield. These objectives shall be achieved through mitigating credit risk
and interest rate risk.
1.1 Safety – The principal goal of the investment program is the preservation and
safety of the capital of all Town Funds. Each investment transacti on shall seek
to first ensure that capital losses are avoided, whether they are from security
defaults or erosion of market value.
1.2 Liquidity – The Town’s investment portfolio shall remain sufficiently liquid in
order to meet the operati ng requirements that may be reasonably foreseen.
The investment portfolio should be composed in such a way that securities
mature concurrent with cash needs to meet required demands . Furthermore,
since all possible cash demand cannot be anticipated, the portfolio should
consist largely of securities with active secondary or resale markets
(dynamic liquidity). Alternati vely, a portion of the portfolio may be placed in
money market mutual funds or local government investment pools which
offer same-day liquidity for short-term funds.
9
1.3 Yield – The Town’s investment portfolio shall attain the highest rate of yield
through budgetary and economi c cycles taking into account the constraints
imposed by its safety objectives, cash flow considerations and state laws that
restrict the placement of certain public funds. Yield on investment is of
secondary importance compared to the safety and liquidity objectives above.
The investments are limited to relatively low risk securities in anticipation of
earning a fair yield relative to the risk being assumed. Securities shall generally
be held until maturity with the following exceptions:
1.3.1 A security with declining credit may be sold early to minimize loss of
principal.
1.3.2 A security swap that would improve the quality, expected return, or target
duration in the portfolio.
1.3.3 Liquidity needs of the portfolio require that the security be sold .
1.4 Credit risk – The Town will minimize credit risk by:
1.4.1 Limiting investments to the types of securities listed in this investment
policy.
1.4.2 Pre-qualifying financial institutions, brokers/dealers, intermediaries, and
advisors with which the Town will do business in accordance to this policy.
1.4.3 Diversifying the investment portfolio so that the impact of potential losses
from any one type of security or from any one individual issuer will be
minimized.
1.5 Interest rate risk – The Town will minimize interest rate risk by:
1.5.1 Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to maturity.
1.5.2 Investing operating funds primarily in shorter-term securities, money
market mutual funds or similar investment pools limiting the average
maturity in the portfolio in accordance with this policy.
2.0 Delegation of Authority – Authority to manage the investment program is granted to the
Town Finance Director/CFO, under the supervision of the Town Manager. Responsibility
of the operation of the daily investment program is delegated to the Finance
Director/CFO , who shall carry out the operation of the investment program
consistent with this investment policy. No employee may engage in an investment
transaction except as provided under the terms of this policy and the procedures
established by the Finance Director/CFO.
3.0 Prudence – The standard of prudence to be used by the Finance Director/CFO shall be
the "prudent person" standard and shall be applied in the context of managing the
overall portfolio . The Finance Director/CFO, shall exercise due diligence and not be
liable for losses . The "prudent person" standard with respect to Town Investments
shall be the exercise of judgment and care, with prudence , discretion and intelligence
that a person would exercise in their own affairs, not for speculation, but for
investment, considering the primary objectives set forth in Section 1-1 of this policy.
10
4.0 Ethics and Conflicts of Interest – Employees involved in the investment process will
refrain from conducting personal business activity that could conflict with the proper
execution and management of the investment program, or that could impair their ability
to make impartial decisions. Employees will disclose any material interests in financial
institutions with which they conduct business. They will disclose any personal
financial/investment positions that could be related to the performance of the
investment portfolio. Employees shall refrain from undertaking personal investment
transactions with the same individual that conducts business with the Town.
5.0 Safekeeping and Custody – To protect against potential fraud or embezzlement, the
investments of the Town shall be secured through third-party custody and safekeeping
procedures. Ownership shall be protected through third-party custodial safekeeping.
The Town’s external auditor shall review safekeeping procedures annually.
5.1 Internal Controls – The Finance Director/CFO is responsible for establishing and
maintaining an internal control structure designed to ensure that the assets of the
Town are protected from loss, theft or misuse. The controls shall be designed to
prevent the loss of public funds arising from fraud, employee error, third party
misrepresentation, unanticipated changes in financial markets or imprudent
actions by employees and officers of the Town.
5.2 Independent Financial Institution - The Town shall contract with a single,
independent financial institution for custodial and safekeeping services for the
Town’s investment portfolio.
5.3 Delivery vs. Payment – All trades of marketable securities will be executed by
delivery vs. payment (DVP) to ensure that securities are deposited in an eligible
financial institution simultaneously to the release of funds.
5.4 Authorized Financial Dealers and Institutions – The Finance Director/CFO will
review the financial condition and registration of qualified bidders. Financial
institutions and broker/dealers who would like to become qualified bidders
for investment transactions with the Town must supply the following:
• Audited financial statements
• Proof of National Association of Securities Dealers (NASD) certification
• Proof of stated registration
• Certification of having read and understood and agreeing to comply
with the Town’s investment policy
• Evidence of adequate insurance coverage
An annual review of the financial condition and registration of all qualified
financial institutions and broker/dealers wi ll be conducted by the Finance
Director/CFO. If the Town utilizes an external investment advisor, the advisor may
be authorized to transact with its own Approved Broker/Dealer List on behalf of
the Town. If the investment advisor utilizes its own Broker/Dealer List, the advisor
will perform due diligence for the brokers/dealers on its Approved List.
6.0 Investment Types – Suitable and authorized investments include the following:
11
6.1 Authorized investments for the debt service reserve funds shall be consistent with
those set forth in the trust indentures or the long-term debt issuances.
6.2 Fully insured or collateralized certificates of deposit (CD) that are FDIC-insured
in eligible depositories if the interest rate bid is 103% or more of the equivalent
bond yield of the offer side of treasury bills.
6.3 Interest bearing savings accounts in qualified banks and savings and loan
institutions which are FDIC insured.
6.4 Repurchase agreements with maximum maturity of 180 days.
6.5 The pooled investment funds established by the State Treasurer pursuant to
A.R.S. 35-326.
6.6 Bond or other evidence of indebtedness of the United States or any of its agencies
or instrumentalities when the obligations are guaranteed as to principal and
interest by the United States or by any agency or instrumentality of the United
States.
6.7 Bonds or other evidences of indebtedness of this State, any county, city, town,
or school district. Ratings of these investments must be AAA or equivalent.
6.8 Bonds, notes or evidences of indebtedness of any county or municipal district
within this State which are payable from revenues or earnings specifically pledged
for the payment of the principal and interest on the obligations, if they meet
certain criteria as specified in A.R.S .35-323. Ratings of these investments must be
AAA or equivalent.
6.9 Bonds, notes or other evidences of indebtedness issued by any municipal
improvement district in this State to finance local improvements authorized by
law, if the principal and the interest of the obligations are payable from
assessments on real property within the local improvement district. Ratings of
these investments must be AAA or equivalent.
6.10 Money market mutual funds regulated by the Securities and Exchange Commission
and whose portfolios consist of dollar-denominated securities. Money market
mutual funds that are treasury-based funds must always be priced at $1/share.
6.11 Commercial paper, rated in the highest tier (e.g., A-1, P-1, F-1, or D-1 or higher) by
a nationally recognized rating agency.
6.12 Bonds, debentures, notes or other evidences of indebtedness that are
denominated in United States dollars and that carry at a minimum an “A” or better
rating at the time of purchase, from at least two nationally recognized rating
agencies.
6.13 Bonds, debentures, notes or other evidences of indebtedness that are
denominated in United States dollars and that carry at a minimum an “A” or better
rating at the time of purchase, from at least two nationally recognized rating
agencies.
6.14 Negotiable or brokered certificates of deposit issued by a nationally or state-
chartered bank or savings and loan association. Callable securities are not
permitted.
12
6.15 Collateralization of 102% will be required on two types of Town investments:
certificates of deposit and repurchase agreements.
7.0 Investment Parameters – Investment parameters include the following:
7.1 Diversification - The investments shall be diversified by:
7.1.1 Limiting investments to avoid over-concentration in securities from a
specific issuer or business sector (excluding U.S. Treasury securities)
7.1.2 Limiting investment in securities that have higher credit risks
7.1.3 Investing in securities with varying maturities
7.1.4 Investing a portion of the portfolio in readily available funds such as local
government investment pools (LGIP’s), overnight repurchase agreements,
or other overnight accounts to ensure that appropriate liquidity is
maintained in order to meet ongoing obligations
7.2 Maturities - Reserve funds are subject to different requirements on maximum
maturities than those for other Town funds according to the terms and
provisions as outlined in the trust indenture of the long-term debt issuances. To
ensure liquidity the Town shall attempt to match its investments with
anticipated cash flow requirements . As all possible cash demands cannot be
anticipated, a portion should consist of securities with active secondary and
resale markets. The Town will not invest in securities with maximum
maturities greater than those allowed under A.R.S. 35-323, Investment of
Public Monies. Currently, maximum maturities are:
7.2.1 Securities and deposits: 5 years
7.2.2 Repurchase agreements: 30/180 days in accordance with A.R.S 35-323.
7.3 Competitive Procurement Process/Use of Cooperative Contract - Before the
Town invests any public funds, a competitive procurement process should be
conducted for the necessary services or investment instruments. If a specific
maturity date is required, either for cash flow purposes or in order to conform
to maturity guidelines, bids will be requested for instruments which meet the
maturity requirement. If no specific maturity is required, a market trend (yield
curve) analysis will be conducted to determine which maturities would be most
advantageous. The competitive process will follow the policies and procedures
outlined in the Town’s Procurement Code and comply with A.R.S. 35 -323. The
Town may also choose to use an existing cooperative contract provided the
contract meets all requirements of the Town’s Procurement Standards.
8.0 Shock Test – The purpose of the shock test is to analyze the impact of changes in market
interest rates on the potential value of the portfolio. The investment portfolio shall be
shock tested quarterly by the safekeeping agent as part of their contract responsibility.
At a minimum, the stress test will value the portfolio assuming interest rates rise or fall
by up to 300 basis points across the entire yield curve. Information obtained from the
stress test combined with current economic and interest rate forecasts will assist in
determining appropriate maturities for new investments considering risks.
13
9.0 Benchmarks – The investment portfolio held by authorized financial institutions will be
managed in accordance with the parameters specified within this policy. The portfolio
should obtain a market average rate of return of stable interest rates which are equal
to or exceed that obtained through investing in the State of Arizona Local Government
Investment Pool (LGIP), which is managed by the State Treasurer. Performance will be
monitored quarterly.
10.0 Banking Services – The Town will execute a contract with its financial depository which
shall designate the requirements of serving as a depository for the Town, including
collateralization of Town funds invested at such depository and the related safekeeping
requirements of the pledged securities. The Town will evaluate and request bids on
banking services every five years.
14
Town of Oro Valley Policy Capital Expenditures and Improvements
1-5
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for annually reviewing and monitoring the state of the Town’s
capital equipment and infrastructure, setting priorities for its replacement and renovation based
on needs, funding alternatives, and availability of resources.
Scope: All personnel
Definitions:
Capital asset: Any item with an acquisition cost of $5,000 or more, and an estimated useful life
of two or more years.
Capital improvement program (CIP): A planning document comprised of capital projects
expected to be funded over the next 10 years. The purpose of the CIP is to systematically identify,
plan, schedule, finance, track and monitor capital projects to ensure cost effectiveness as well as
conformance to established policies and Council goals and priorities.
Capital project: A project expected with an estimated cost of $50,000 or more, and expected to
have a useful life of five or more years.
Minor assets: Assets with an acquisition cost of $1,000 or more, but less than $5,000, and an
estimated useful life of two or more years.
Lease: A contract that conveys control of the right to use another entity’s nonfinancial asset (the
underlying asset) as specified in the contract for a period of time in an exchange or exchange-like
transaction.
Lessor: The party to a lease contract who conveys the right to use its nonfinancial asset(s) to
another entity (i.e., landlord).
Lessee: The party to a lease contract who acquires the right to use another entity’s nonfinancial
asset(s) (i.e., tenant)
15
Policy:
1.0 Capital Improvements – The Town shall annually review the needs for capital
improvements, including the current status of the Town infrastructure, replacement and
renovation needs, and potential new projects. All projects, both ongoing and proposed,
shall be prioritized based on an analysis of current needs and resource availab ility at the
direction of the Town Manager. For every proposed capital project, all operation,
maintenance, and replacement costs shall be fully costed . Proposed capital projects will
not be authorized or awarded until a funding source is identified.
2.0 Capital Assets – Capital assets shall be depreciated over their estimated useful lives
utilizing the straight-line method and shall be included in the operating budget.
3.0 Leases – Leased assets subject to GASB Statement No.87 shall be amortized over the
shorter of the lease term or the asset useful life. The threshold for capitalizing lessor
leases shall be $125,000. The threshold for capitalizing lessee leases shall be $75,000.
4.0 Capital Projects – Capital projects shall be depreciated over their estimated useful lives
utilizing the straight-line method and shall be included in both the capital improvement
program (CIP) and capital budget.
5.0 Capital Improvement Program (CIP) – A minimum ten-year capital improvement program
will be developed and updated annually, encompassing both anticipated funding sources
and any estimated operating expenditures. Estimated operating expenditures associated
with capital projects will be included in the operating budget. Estimated first-year capital
expenditures in the CIP shall be included in the Capital Fund budget. A quarterly status
report will be prepared for Council to facilitate monitoring of each project’s progress and
identify any significant issues.
6.0 Prioritization – Prioritization shall occur first at the department level, and then at the
Town-wide level by a cross-departmental capital project team. Financing sources will
then be identified for the projects ranking the highest based on evaluation criteria and
available resources.
7.0 Minimum Funding Level – In order for the Town to provide sustainable funding for capital
improvements and asset repair/maintenance needs each year, the annual budget shall
include the allocation of a minimum of 5% of the Town ’s General Fund estimated sales
tax revenues (not including state-shared revenues) to fund these needs, subject to
Council approval and funding availability. These funds will be accounted for in a separate
Capital Fund.
8.0 Capital Expenditure Financing – The Town recognizes that there are three basic methods
of paying for capital requirements. It can budget the funds from current resources (pay
as you go), it can take the funds from fund balance as allowed by the Fund Balance Policy
(another pay as you go method), or it can borrow money through debt. Debt financing
includes general obligation bonds, revenue bonds, lease/purchase agreements,
certificates of participation, and other debt instruments permitted under Arizona law.
Guidelines for incurring debt are set forth in the Debt Policy Statements.
9.0 Audits – The Finance Department shall be responsible for verifying the actual physical
existence of capital and minor assets and the accuracy of the Town’s asset database. The
16
process will be monitored through asset audits of Town departments and divisions. Any
significant irregularities will be reported to the Town Manager. The Town shall strive to
perform a complete inventory of capital items at least every two years.
17
Town of Oro Valley Policy PSPRS Pension Funding
1-6
Last Review Review Month
2022 May
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: The intent of this policy is to clearly communicate the Town Council’s pension
funding objectives, its commitment to employees and the sound financial management of the
Town of Oro Valley, and maintain compliance with statutory requirements of ARS 38-863.01. The
Council shall annually assess the status of the Town’s PSPRS trust fund and take formal action to
update this policy in concert with the final annual budget approval. This policy shall also apply
to the Town’s participation in the Correction Officer Retirement Plan (CORP).
Scope: The Town’s sworn police employees who are regularly assigned hazardous duty
participate in the PSPRS. Selected individuals who serve as dispatchers in the Oro Valley Police
Department participate in the CORP plan, which is also administered by PSPRS.
Definitions:
Unfunded actuarial accrued liability (UAAL): The difference between trust assets and the
estimated future cost of pensions earned by employees. This UAAL results from actual results
(investment income, member mortality, disability rates, payroll increases, etc.) being different
from the assumptions used in previous actuarial valuations.
Annual required contribution (ARC): The annual amount required to pay into the pension funds,
as determined through annual actuarial valuations. It is comprised of two primary components:
normal pension cost - which is the estimated cost of pension benefits earned by employees in
the current year; and amortization of UAAL - which is the cost needed to cover the unfunded
portion of pensions earned by employees in previous years. The UAAL is collected over a period
of time referred to as the amortization period. The ARC is a percentage of the current payroll.
Funded ratio: A ratio of fund assets to actuarial accrued liability. The higher the ratio, the better
funded the pension is, with 100% being fully funded based on current actuarial valuations.
Intergenerational equity: A concept meant describe the policy expectation that no generation is
burdened by substantially more or less pension costs than past or future generations.
18
Policy:
1.0 Public Safety Personnel Retirement System (PSPRS)
1.1 PSPRS is administered as an agent multiple-employer pension plan. An agent
multiple-employer plan has two main functions:
1.1.1 To comingle assets of all plans under its administration, thus achieving
economy of scale for more cost-efficient investments, and invest those
assets for the benefit of all members under its administration .
1.1.2 To serve as the statewide uniform administrator for the distribution of
benefits.
1.2 Under an agent multiple-employer plan, each agency participating in the plan has
an individual trust fund reflecting that agencies’ assets and liabilities. Under this
plan all contributions are deposited to and distributions are made from that fund’s
assets, each fund has its own funded ratio and contribution rate, and each fund
has a unique annual actuarial valuation. The Town of Oro Valley has one trust
fund for police employees. The Town also contributes to the Correction Officer
Retirement Plan (CORP), administered by the Public Safety Personnel Retirement
System, on behalf of selected individuals who serve as dispatchers in the Oro
Valley Police Department. CORP maintains one trust fund for dispatchers.
1.3 Oro Valley Town Council formally accepts the assets, liabilities, and current
funding ratio of the Town’s PSPRS and CORP trust funds from the June 30, 2021
actuarial valuations specified below.
Trust Fund Assets Accrued Liability
Unfunded Actuarial
Accrued Liability
Funded
Ratio
Oro Valley Police $46,773,089 $70,792,554 $24,019,465 66.1%
Oro Valley Dispatchers $ 1,649,829 $ 3,551,295 $ 1,901,466 46.5%
Note: The Town of Oro Valley funded the PSPRS pension plan with $27.6M in July
2021, after the June 30, 2021 actuarial report was prepared. At this time, it is
expected the plan is 100% funded.
1.4 PSPRS and CORP Funding Goal – Pensions that are less than fully funded place the
cost of service provided in earlier periods (amortization of UAAL) on current
taxpayers. Fully funded pension plans are the best way to achieve taxpayer and
member intergenerational equity.
1.5 The Council’s PSPRS and CORP funding ratio goal is 100% (fully funded) by June
30, 2036 and beyond. Council establishes this goal for the following reasons:
1.5.1 The PSPRS and CORP trust funds represent only the Town of Oro Valley’s
liability.
1.5.2 The fluctuating cost of an UAAL causes strain on the Town’s budget,
affecting the Town’s ability to provide services.
1.5.3 A fully funded pension is the best way to achieve taxpayer and member
intergenerational equity.
1.6 Council has determined that in order to achieve the 100% funding ratio goal, the
following actions will be taken:
19
1.6.1 Maintain ARC payment from operating revenues – Council is committed to
maintaining the full ARC payment (normal cost and UAAL amortization)
from operating funds. The estimated combined ARC for FY21/22 is
estimated at $2.9 million for PSPRS and at $183,000 for CORP and shall be
paid from operating funds.
1.6.2 At such time the ARC is projected to be reduced, the Town should
endeavor to continue paying the ARC at the higher rate (currently 43.47%
for Police), to maintain the funding ratio goal of 100%. This is due to
historically poor investment performance in the Plan and should assist in
mitigating risk should it continue.
1.6.3 Retain the 20-year amortization of unfunded liability.
1.6.4 Review Local board practices annually.
1.6.5 Periodically engage consultants to review actual results and recommend
possible adjustments or corrections as necessary.
1.7 Payments to PSPRS will be as follows:
1.7.1 In FY22, the Town will make approximately $2.9M in payments based upon
a 43.57% contribution rate.
1.7.2 In FY23, the Town will make approximately $2.9M in payments based upon
a 43.47% contribution rate.
1.7.3 In FY24 and subsequent years, the Town will continue maintaining a 100%
funding ratio. If the funding ratio grows to over 110%, the Town Manager
through the budget process, may recommend applying funding to other
Town priorities. If the funding ratio falls below 100%, future additional
payments will be made to restore the funding ratio back to 100%.
1.8 It is hereby the Town Council’s intent to achieve its goal of 100% funding by June
30, 2036, in accordance with the amortization timeline set forth by the PSPRS and
CORP June 30, 2021 Actuarial Valuation.
1.9 The following shows the historical performance of the unfunded actuarial accrued
liability:
Unfunded
Accrued Actuarial Accrued Funded
Year Trust Fund Assets Liability Asset/(Liability) Ratio
2014 Oro Valley Police $23,567,852 $36,122,643 $(12,554,791) 65%
2014 Oro Valley Dispatchers $ 1,216,956 $ 2,269,744 $ (1,052,788) 54%
2015 Oro Valley Police $26,200,389 $40,452,911 $(14,252,522) 65%
2015 Oro Valley Dispatchers $ 1,205,067 $ 2,362,604 $ (1,157,537) 51%
2016 Oro Valley Police $29,296,195 $48,414,270 $(19,118,075) 61%
2016 Oro Valley Dispatchers $ 1,163,258 $ 2,524,360 $ (1,361,102) 46%
20
2017 Oro Valley Police $31,882,797 $53,037,566 $(21,154,769) 60%
2017 Oro Valley Dispatchers $ 1,260,798 $ 3,077,649 $ (1,816,851) 41%
2018 Oro Valley Police $34,172,618 $57,022,056 $(22,849,438) 60%
2018 Oro Valley Dispatchers $ 1,337,558 $ 2,945,307 $ (1,607,749) 45%
2019 Oro Valley Police $37,842,906 $62,278,853 $(24,435,947) 61%
2019 Oro Valley Dispatchers $ 1,424,947 $ 3,240,399 $ (1,815,452) 44%
2020 Oro Valley Police $41,498,361 $67,240,526 $(25,742,165) 62%
2020 Oro Valley Dispatchers $ 1,504,732 $ 3,374,933 $ (1,870,201) 45%
2021 Oro Valley Police $46,773,089 $70,792,554 $(24,019,465) 66%
2021 Oro Valley Dispatchers $ 1,649,829 $ 3,551,295 $ (1,901,466) 46%
Source: Town Annual Comprehensive Financial Report for June 30, 2021 – Note 15.
21
Town of Oro Valley Policy Revenues
1-7
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for designating, maintaining, and administering a revenue
system that assures a reliable, equitable, diversified, and sufficient revenue stream to support
desired Town services.
Scope: All Personnel
Definitions: None
Policy:
1.0 Balance and Diversification in Revenue Sources – The Town shall strive to maintain a
balanced and diversified revenue system to protect it from fluctuations in any one source
due to changes in local economic conditions which adversely impact that source.
2.0 User Fees and Charges – For services that benefit specific users, the Town shall establish
and collect fees to recover the costs of those services. The Town Council shall determine
the appropriate cost recovery level and establish the fees. Where feasible and desirable,
the Town shall seek to recover full direct and indirect costs. Material user fees shall be
reviewed on an annual basis to calculate their full cost recovery levels, to compare them
to the current fee structure, and to recommend adjustments where necessary.
3.0 Development Impact Fees – Development impact fees for capital expenses attributable
to new development will be reviewed periodically to ensure the fees recover all direct
and indirect development-related expenses and be approve by Town Council.
4.0 Enterprise Revenues – The Town will establish rates and fees at levels to fully cover the
total direct and indirect costs, including operations, capital outlay, debt service, debt
coverage requirements and unrestricted cash reserve balances. Enterprise funds will not
be used to subsidize operations of other funds. Interfund charges will be assessed for the
administrative support of enterprise fund activities.
5.0 Revenue Estimates for Budgeting – To maintain a stable level of services, the Town shall
use a conservative, objective and analytical approach when preparing revenue estimates.
The process shall include analysis of probable economic changes and their impacts on
revenues, historical collection rates, and trends in revenues. This approach should reduce
22
the likelihood of actual revenues falling short of budget estimates during the year and
should avoid mid-year service reductions.
6.0 Revenue Collection and Administration – The Town shall maintain high collection rates
for all revenues by keeping the revenue system as simple as possible to facilitate payment.
In addition, because revenue should exceed the cost of producing it, the Town shall strive
to control and reduce administrative costs. The Town shall pursue to the full extent
allowed by state law all delinquent taxpayers and others overdue in payments to the
Town.
7.0 Write-off of Uncollectible Accounts – The Town shall monitor payments due the Town
(accounts receivable) and the Town Manager or designee shall periodically write-off
accounts where collection efforts have been exhausted and/or collections efforts are not
feasible or cost-effective.
8.0 Use of One-time Revenues – The Town shall discourage the use of one-time revenues for
ongoing expenditures.
9.0 Use of Unpredictable Revenues – The Town shall exercise caution with the use of
unpredictable revenues for ongoing expenditures.
23
Town of Oro Valley Policy Expenditures
1-8
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for identifying priority services, establish appropriate service
levels, and administer the expenditure of available resources to assure fiscal stability and the
effective and efficient delivery of Town services.
Scope: All Personnel
Definitions: None
Policy:
1.0 Current Funding Basis – The Town shall operate on a current funding basis. Expenditures
shall be budgeted and controlled so as to not exceed current revenues plus the planned
use of fund balance accumulated through prior year savings. (The use of fund ba lance
shall be guided by the Fund Balance Policy Statements).
2.0 Avoidance of Operating Deficits (Governmental Funds) – The Town Manager shall take
immediate corrective actions if, at any time during the fiscal year, expenditure and
revenue re-estimates are such that an operating deficit (projected expenditures in excess
of projected revenues) is projected at year-end. Corrective actions may include a hiring
freeze, employee reductions, expenditure reductions, fee increases, use of fund balance
within the Fund Balance Policy or other actions that may be deemed necessary and
appropriate. Expenditure deferrals into the following fiscal year, short-term loans or use
of one-time revenue sources shall be avoided in attempt to achieve fiscal structural
balance. Corrective actions referenced above shall be presented to Town Council at the
earliest possible time for approval.
3.0 Maintenance of Capital Assets – Within the resources available each fiscal year, the Town
shall maintain capital assets and infrastructure at a sufficient level to protect the Town’s
investment, to minimize future replacement and maintenance costs, and to continue
service levels.
4.0 Periodic Program Reviews – The Town Manager shall undertake periodic staff and third -
party reviews of Town programs for both efficiency and effectiveness. Privatization and
contracting with other governmental agencies will be evaluated as alternative
24
approaches to service delivery. Programs which are determined to be inefficient and/or
ineffective shall be reduced in scope or eliminated.
5.0 Purchasing – The Town shall conduct its purchasing and procurement functions efficiently
and effectively, fully complying with applicable Federal and State laws, and the Town
Procurement Code. Staff shall make every effort to maximize any discounts offered by
creditors/vendors. Staff shall also utilize competitive bidding or cooperative purchasing
agreements to attain the best possible price on goods and services. Procurement policy
and procedures are found in Town AD 2-2.
6.0 Uniform Expenditure Reporting System – The Arizona Constitution imposes a limit on the
expenditures of local jurisdictions. The Town will comply with these expenditure
limitations and submit an audited expenditure limitation report, audited financial
statements, and audited reconciliation report as defined by the Uniform Expenditure
Reporting System to the State Auditor General within prescribed timelines in accordance
with A.R.S. 41-1279.07.
7.0 Budget Amendments and Transfers – To provide flexibility in the management of
department budgets for major expenditures (personnel, operations & maintenance,
capital outlay, and debt service) the following amendment and transfer provisions shall
apply:
7.1 Transfers of budget capacity between funds shall require the recommendation of
the Town Manager and formal action by the Town Council.
7.2 Transfers of budget capacity between line items within each major expenditure
category shall be permitted upon recommendation of the Department Head and
approval by the Town Manager.
7.3 Transfers of budget capacity between line items or major expenditure categories
to fund additional personnel or increased expenditures as a re sult of personnel
reclassifications shall require the recommendation of the Town Manager and
formal action by the Town Council.
7.4 Transfers of budget capacity that reduce or eliminate funding for items designated
in the adopted Capital Improvement Program shall require the recommendation
of the Town Manager and approval of the Town Council.
7.5 Transfers of budget capacity that reduce or eliminate funding for debt service shall
require the recommendation of the Town Manager and approval of the Town
Council.
25
Town of Oro Valley Policy Debt
1-9
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for establishing guidelines for debt financing that provides
needed capital equipment and infrastructure improvements while minimizing the impact of debt
payments on current revenues.
Scope: All Personnel
Definitions:
Excise Tax: Excise taxes for purposes of debt repayment include Town Sales and Franchise Fees,
Licenses and Permits, Fines, State-shared Sales Tax, and State-shared Income Tax revenues.
Policy:
1.0 Use of Debt Financing – Debt financing, to include general obligation bonds, certificates
of participation, lease/purchase agreements, and other obligations permitted to be
issued or incurred under Arizona law, shall only be used to purchase capital assets that
cannot be prudently acquired from either current revenues or fund balance. The useful
life of the asset or project shall exceed the repayment schedule of any debt the Town
assumes. The Town shall not use long-term debt to finance current operations.
2.0 Future Bond Proposals – Future bond proposals will be accompanied by an analysis
showing how the new issue, combined with current debt, impacts th e Town’s debt
capacity and conformance with Town debt policies. The Town shall only issue additional
non-enterprise fund debt should its excise taxes equal or exceed three times the annual
debt service requirement of all its current and proposed annual de bt obligations.
3.0 Bond Rating – The Town will seek to maintain, and if possible, improve current bond
ratings in order to minimize borrowing costs and preserve access to credit. The Town will
encourage and maintain good relations with financial bond rating agencies and will follow
a policy of full and open disclosure.
4.0 Utilization of Bond Proceeds – Proceeds from bonded debt will be used in accordance
with the purpose of the issuance. Funds remaining after the project is completed will be
26
used in accordance with the provisions stated in the bond ordinance that authorized the
issuance of the debt.
5.0 Arbitrage Rebate – The Town shall comply with Internal Revenue Service arbitrage rebate
requirements for bonded debt.
6.0 Interest Earnings on Bond Proceeds – Interest earnings on bond proceeds will be limited
to 1) funding or acquiring the improvement(s), or 2) payment of debt service on the
bonds.
7.0 Bond Project Eligibility – All projects funded with bonded debt must be included in the
Town’s Capital Improvement Program.
8.0 Bond Refunding – When considering refunding any outstanding bonded debt, either the
Town or its financial advisor will perform a cost benefit analysis to determine if the cost
savings of refunding will be greater than the cost to refund. Considerations will be made
with regard to existing bond covenants when refunding any bonded debt.
9.0 Pledging of Utility Revenues – When utility revenues are pledged as debt service
payments, the Town will strive to maintain a 1.3 times debt service coverage ratio to
ensure debt coverage in times of revenue fluctuation. This will be in addition to the
required ratio of the bond indenture.
10.0 Debt Limit – Article IX, Section 8 of the Arizona Constitution limits the Town’s bonded
debt capacity (outstanding principal) to a certain percentage of the Town’s secondary
assessed valuation by the type of project to be constructed. The limit for general purpose
municipal projects is 6%. For water, light, sewer, open space, public safety, park, law
enforcement, fire and emergency services, and streets and transportation facilities
projects, the limit is 20%.
11.0 Post-Issuance Compliance – The Town will comply with all post-issuance compliance
requirements in conformance with federal tax laws.
12.0 Bonded Indebtedness Report – In accordance with A.R.S. 35-501 and 35-502, new bond
and securities issuances will be reported to the State Treasurer within 60 days of issuance.
Further, the Town will produce an annual bonded indebtedness report to the Arizona
Department of Administration.
27
Town of Oro Valley Policy Fund Balance
1-10
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for maintaining the fund balance of various operating funds at
sufficient levels to protect the creditworthiness of the Town as well as its financial position for
emergencies.
Scope: All Personnel
Definitions:
Nonspendable Fund Balance: That portion of a fund balance that includes amounts that cannot
be spent because they are either (a) not in spendable form, such as prepaid items, supplies
inventory, or loans receivable; or (b) legally or contractually required to be maintained intact,
such as the principal portion of an endowment.
Restricted Fund Balance: That portion of a fund balance that reflects constraints placed on the
use of resources (other than nonspendable items) that are either (a) externally imposed by
creditors, such as debt covenants, grantors, contributors, or laws or regulations of other
governments; or (b) imposed by law through constitutional provisions or enabling legislation.
Committed Fund Balance: That portion of a fund balance that includes amounts that can only be
used for specific purposes pursuant to constraints imposed by formal action of the government’s
highest level of decision-making authority and remain binding unless removed in the same
manner. Town Council action must be taken on or before June 30 of the applicable fiscal year.
Assigned Fund Balance: That portion of a fund balance that includes amounts that are
constrained by the government’s intent to be used for specific purposes, but that are neither
restricted nor committed. Such intent needs to be established at either the highest level of
decision making, or by the Town Manager.
Unassigned Fund Balance: That portion of a fund balance that includes amounts which do not
fall into one of the above four categories. The General Fund is the only fund that should report
this category of fund balance.
28
Policy:
1.0 Committed Fund Balance – The Town shall strive to maintain the General Fund balance
at 30% of regular General Fund operating expenditures. After completion of the annual
audit, if the fund balance exceeds 30%, the excess must be specifically designated for
capital project funding and/or reducing the Town’s Public Saf ety Personnel Retirement
System (PSPRS) unfunded actuarial accrued liability (UAAL).
2.0 Unassigned Fund Balance – The Town shall strive to always maintain a positive unassigned
fund balance.
3.0 Use of Fund Balance – Fund Balance shall be used only for emergencies, non-recurring
expenditures or major capital purchases that cannot be accommodated through current
year savings. Should such use reduce the balance below the appropriate level set as the
objective for that fund, restoration recommendations will accompany the decision to
utilize said balance.
4.0 Governmental Accounting Standards Board (GASB) Statement No.54 – In accordance with
GASB Statement No.54, fund balances will be classified in the following components:
4.1 Nonspendable Fund Balance
4.2 Restricted Fund Balance
4.3 Committed Fund Balance
4.4 Assigned Fund Balance
4.5 Unassigned Fund Balance
The following matrix depicts to which classification fund balances of Town governmental
funds will be applied:
Fund Restricted Committed Assigned Unassigned Comments
State & Justice Seizure Funds X Restricted by State Statute
Municipal Debt Service Fund X Restricted by Debt Covenants
Oracle Road Improvement District Fund X Restricted by Debt Covenants
Townwide Roadway Impact Fee Fund X Restricted by State Statute
Parks & Recreation Impact Fee Fund X Restricted by State Statute
Police Impact Fee Fund X Restricted by State Statute
Highway Fund X Restricted by State Constitution & Statute
PAG/RTA Fund X Restricted by PAG/RTA
Grant/Contracts Fund X Restricted by Grantor/Donor
Community Center Fund X Committed by Town Council
Capital Fund X
General Fund
Council 30% Reserve Policy on Contingency X Committed by Town Council
Planned Use of Fund Balance/Budget Deficit X
Bed Tax Collections X
Compensated Absences X
Unemployment Claims X
5.0 Town Council Authorization – Fund balance reserves may only be appropriated by
authorization of the Town Council.
6.0 Utilization Priority – When multiple categories of fund balance reserves are available for
expenditure (i.e. a construction project is being funded partly by a grant, funds set aside
by Town Council and unassigned fund balance) the Town will start with the most
29
restricted category – spending those funds first – before moving down to the next
category with available funds.
7.0 Water Enterprise Fund – The Water Enterprise Fund shall maintain a cash reserve in the
operating fund of not less than 20% of the combined total of the annual budgeted
amounts for personnel, operations and maintenance, and debt service. This cash reserve
amount specifically excludes budgeted amounts for capital projects, depreciation,
amortization and contingency. No cash reserve is required for the Water Utility Impact
Fee Funds.
8.0 Annual Review – All Town budgetary fund designations and reserves will be evaluated
annually for long-term adequacy and use requirements in conjunction with development
of the Town’s long-term financial forecast.
30
Town of Oro Valley Policy Internal Controls
1-11
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for maintaining an internal control structure designed to
provide reasonable assurance that Town assets are safeguarded and that the possibilities for
material errors in the Town’s financial records are minimized .
Scope: All Personnel
Definitions: None
Policy:
1.0 Proper Authorizations – Procedures shall be designed, implemented, and maintained to
ensure that financial transactions and activities are properly monitored, reviewed, and
authorized.
2.0 Separation of Duties – Job duties will be adequately separated to reduce to an acceptable
level the opportunities for any person to be able to both perpetrate and conceal errors or
irregularities in the normal course of assigned duties.
3.0 Proper Recording – Procedures shall be developed and maintained that will ensure
financial transactions and events are properly recorded and that all financial reports may
be relied upon as accurate, complete and current.
4.0 Access to Assets and Records – Procedures shall be designed and maintained to ensure
that adequate safeguards exist over access to and use of financial assets and records.
5.0 Independent Checks – Independent checks and audits will be made on staff performance
to ensure compliance with established procedures and proper valuation of recorded
amounts.
6.0 Costs and Benefits – Internal control systems and procedures must have an apparent
benefit in terms of reducing and/or preventing losses. The cost of implementing and
maintaining any control system will be evaluated against the expected benefits to be
derived from that system.
7.0 Information Technology – The Town will follow policies and procedures outlined in AD4-
1 Information Security and Computer Usage to minimize risk associated with electronic
financial records being compromised.
31
Town of Oro Valley Policy Grants
1-12
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for seeking, applying for and effectively administering federal,
state and foundation grants which address Town priorities and policy objectives.
Scope: All Personnel
Definitions: None
Policy:
1.0 Grant Guidelines – The Town shall apply for only those grants consistent with the
objectives and high priority needs previously identified by the Town Council. The
potential for incurring ongoing costs, to include the assumption of support for grant-
funded positions from operating revenues, will be considered prior to applying for a grant.
2.0 Indirect Costs – The Town shall attempt to recover full indirect costs unless the funding
agency does not allow it to do so. The Town may waive or reduce indirect costs if it is
deemed to be advantageous to the Town.
3.0 Grant Review – Anticipated grant requests will be evaluated by the Town Budget
Committee. Federal or State grant requests less than $15,000 will not be considered. All
grant submittals shall be reviewed for their cash match requirements, their potential
impact on the operating budget, and the extent to which they meet Town policy
objectives. If there are cash match requirements, the source of funding shall be identified
prior to application submittal.
4.0 Grant Program Termination – The Town shall terminate grant-funded programs and
associated positions when grant funds are no longer available unless alternate ongoing
funding is identified.
32
Town of Oro Valley Policy Accounting, Auditing, and Financial Reporting
1-13
Last Review Review Month
2021 July
Responsible for maintaining & applying this policy: Finance
Next Review:
______________________________________________________________________________
Purpose: To establish policy for complying with prevailing federal, state and local statutes
and regulations, as well as current professional standards, principles and practices.
Scope: All Personnel
Definitions: None
Policy:
1.0 Conformance to Accounting Principles and Recommended Practices – The Town
accounting practices and financial reporting shall conform to generally accepted
accounting principles (GAAP) as promulgated by the Governmental Accounting Standards
Board (GASB), and best practices recommended by the American Institute of Certified
Public Accountants (AICPA) and the Government Finance Officers Association (GFOA).
2.0 Selection of Auditors – The Town shall request proposals from qualified, independent
certified public accounting firms every five years, including the current auditors if their
past performance has been satisfactory. The audit firm selected shall perform an annual
audit of the books of account, records and transactions, opining on the Basic Financial
Statements and Single Audit Report (if necessary).
3.0 Audit Completion – The Town shall strive to have its Annual Comprehensive Financial
Report (ACFR), Alternative Expenditure Limitation Report, and Single Audit Report (if
necessary) completed and available within 180 days, 270 days, and 270 days, respectively,
after the close of its previous fiscal year ending June 30.
4.0 Report Submission to GFOA – The Town shall annually submit its budget to the GFOA
Distinguished Budget Presentation Program. Further, the Town shall also annually submit
its ACFR to the GFOA Certificate of Achievement for Excellence in Financial Reporting
program.
FY 2022/23
Financial Policy Approval
January 4, 2023
FY 2021/22 FINANCIAL POLICIES
GFOA recommends regular and systematic review, updating and approval of
financial policies
Budget and Finance Commission performed comprehensive and thorough
review over two separate meetings
Financial policies are central to a strategic, long-term approach to financial
management
FINANCIAL POLICY PURPOSE
Institutionalize good financial management practices
Clarify and crystallize strategic intent for financial management
Define boundaries
Support good bond ratings and thereby reduce the cost of borrowing
Promote long-term and strategic thinking
Manage risks to financial condition
Comply with established public management best practices
NOTABLE ITEMS
Proposed new policies keep significant existing policies intact
30% of expenditures General Fund reserve (increased from 25%)
Lease capitalizations thresholds and definitions due to GASB Statement No.87
Coverage ratio included for non-enterprise debt
Monthly financial reporting to Town Council, quarterly updates to projections
GASB-54 matrix updated to include new grants/contracts fund
Questions?
Town Council Regular Session 5.
Meeting Date:01/04/2023
Requested by: Mayor Winfield And Councilmember Solomon
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
DISCUSSION AND POSSIBLE DIRECTION REGARDING MONTHLY FINANCIAL REPORTS
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
Mayor Winfield and Councilmember Solomon requested this agenda item.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to...
Attachments
No file(s) attached.
Town Council Regular Session 1.
Meeting Date:01/04/2023
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
SUBJECT:
PRESENTATION AND DISCUSSION REGARDING PROPOSED AMENDMENTS TO THE PARLIAMENTARY
RULES & PROCEDURES AND CODE OF CONDUCT
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
The Parliamentary Rules & Procedures and Code of Conduct ("The Rules") have traditionally been universally
applied to all Town Boards and Commissions, which were applied even though the language in The Rules only
references the Mayor and Town Council. As staff embarked upon making the necessary updates to The Rules to
incorporate the video change as directed by the Town Council, it became clear that The Rules needed to be made
universally applicable to all Town Boards/Commissions and the Town Council. With that prospect, the Town
Attorney made further recommendations to update other sections of The Rules at the same time (please see
attached for recommended changes).
In addition to making The Rules universally applicable, this update includes changes as outlined below:
• Specifying inclusion of all Town public bodies with The Rules
• Clarifying audio/video recording requirements for meetings held in the Council Chambers
• Definition updates
• Clarifying certain areas in The Rules that apply only to the Town Council
• Adding criteria for Public Body Member presentations (as requested by Council)
• Conflict of interest and recusal clarification
• Other miscellaneous clerical and grammatical corrections and clarifications
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A.
SUGGESTED MOTION:
This item is for discussion only.
Attachments
Parliamentary Rules & Procedures and Code of Conduct as Amended
TOWN OF ORO VALLEY,
ARIZONA
TOWN COUNCIL
PARLIAMENTARY
RULES & PROCEDURES
AND
CODE OF CONDUCT
Last Amended: 12/5/18
TOWN OF ORO VALLEY, ARIZONA
TOWN COUNCIL
PARLIAMENTARY RULES & PROCEDURES
AND
CODE OF CONDUCT
TABLE OF CONTENTS
1
PREFACE…………………………….. .............................................................................................. 1
SECTION 1. RULES & PROCEDURES ........................................................................................ 2
1.1 RULES & PROCEDURES ................................................................................................ 2
1.2 PARLIAMENTARIAN ....................................................................................................... 2
SECTION 2. DEFINITIONS………… ............................................................................................. 2
2.1 AGENDA ........................................................................................................................... 2
2.2 BOARD OR COMMISSION……….……………………………………………………………2
2.3 CHAIRPERSON OR CHAIR….………………………………………………………………..2
2.4 COUNCIL...……………………………………………………………………………………….3
2.5 MEETINGS….……………………………………………………………………………..……..3
2.6 MEETING MATERIALS………………………………………………………………………...3
2.7 NEWSPAPER..……………………………………………………………...………………..…3
2.8 NOTICE...…………………………………………………………………………………………3
2.9 ORDINANCE..………………………………………………………………………………..…..4
2.10 PUBLIC BODY……………………………………………………………………………..……..4
2.11 QUORUM…………………………………………………………………………..……………...4
2.12 RESOLUTION……………………………………………………………………………..……...4
SECTION 3. PRESIDING OFFICER .............................................................................................. 5
3.1 CHAIRPERSON ................................................................................................................ 5
3.2 SUSPENSION OF RULES ................................................................................................ 5
SECTION 4. MEETINGS…………… .............................................................................................. 6
4.1 REGULAR MEETINGS ..................................................................................................... 6
4.2 ADJOURNED MEETINGS ................................................................................................ 7
4.3 TOWN COUNCIL SPECIAL MEETINGS .......................................................................... 7
4.4 STUDY SESSIONS ........................................................................................................... 7
4.5 EXECUTIVE SESSIONS ................................................................................................... 7
4.6 EMERGENCY MEETINGS ............................................................................................... 9
4.7 MEETINGS TO BE PUBLIC .............................................................................................. 9
4.8 MINUTES OF COUNCIL MEETINGS ............................................................................. 10
SECTION 5. NOTICE AND AGENDA.......................................................................................... 10
5.1 PREPARATION AND POSTING NOTICES ................................................................... 10
5.2 AGENDAS ...................................................................................................................... 11
SECTION 6. DUTIES AT MEETINGS....................................................................................... 12
6.1 CHAIRPERSON .............................................................................................................. 12
6.2 TOWN CLERK .............................................................................................................. 113
6.3 SERGEANT-AT-ARMS ................................................................................................ 113
SECTION 7. ATTENDANCE REQUIREMENTS .................................................................... 114
7.1 PUBLIC BODY MEMBERS .......................................................................................... 114
SECTION 8. PROCEDURES FOR MEETINGS ....................................................................... 14
8.1 CALL TO ORDER ........................................................................................................... 14
8.2 ROLL CALL .................................................................................................................... 14
8.3 AGENDA ORDER ........................................................................................................... 14
8.4 APPROVAL OF MINUTES/ABSTENTIONS .................................................................. 14
8.5 CALL TO THE AUDIENCE ............................................................................................. 14
8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS…………………………………………….15
8.7 PUBLIC BODY COMMUNICATIONS…………………………………………………….....15
8.8 ORDER OF PRESENTATION……………………………………………………………..…15
8.9 TOWN MANAGER, PUBLIC BODY, AND STAFF REPORTS…………………………...16
8.10 FUTURE AGENDA ITEMS……………………………………………………………………16
SECTION 9. PUBLIC HEARING PROCEDURE ...................................................................... 16
9.1 AGENDA PROCEDURE FOR PUBLIC HEARING ........................................................ 16
SECTION 10. DISCUSSION AND VOTING PROCEDURES ................................................. 18
10.1 QUORUM ........................................................................................................................ 18
10.2 CONFLICTS OF INTEREST ........................................................................................... 18
10.3 GETTING THE FLOOR ................................................................................................... 19
10.4 INTERRUPTIONS ........................................................................................................... 19
10.5 MAKING AND SECONDING A MAIN MOTION…………………………………………....19
10.6 AMENDMENTS TO A MAIN MOTION……………………………………………………....19
10.7 CALLING THE QUESTION…………………………………………………………………...20
10.8 TAKING THE VOTE…………………………………………………………………………...20
10.9 ANNOUNCING THE RESULT OF THE VOTE……………………………………………..20
10.10 TIE VOTES……………………………………………………………………………………...20
10.11 ORDINANCE EMERGENCY CLAUSE………………………………………………………21
SECTION 11. MOTIONS……….. ............................................................................................ 21
11.1 RECONSIDERATION OF MOTIONS ............................................................................. 21
11.2 MOTIONS TO ADJOURN…………………………………………………………………….21
11.3 MOTION TO RECESS………………………………………………………………………...21
11.4 MOTIONS WITH A FIXED TIME TO ADJOURN…………………………………………..22
11.5 MAIN MOTION…………………………………………………………………………………22
SECTION 12. CONFLICT OF INTEREST ............................................................................... 22
12.1 INTRODUCTION ............................................................................................................. 22
12.2 PURPOSE OF CONFLICT OF INTEREST LAWS .......................................................... 22
12.3 THE ARIZONA CONFLICT OF INTEREST LAW ........................................................... 22
12.4 SUBSTANTIAL INTEREST ............................................................................................ 23
12.5 REMOTE INTERESTS .................................................................................................... 24
12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR SERVICES ........................... 25
12.7 DISCLOSURE OF INTEREST ........................................................................................ 25
12.8 WITHDRAWAL FROM PARTICIPATION ....................................................................... 26
12.9 RULE OF IMPOSSIBILITY (CONFLICT OF THE MAJORITY) ...................................... 26
12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN .................................................. 26
12.11 SANCTIONS FOR VIOLATIONS .................................................................................... 26
12.12 NON-STATUTORY CONFLICTS OF INTEREST ........................................................... 27
SECTION 13. CODE OF CONDUCT…………………………………………………………………27
13.1 COMPETENT REPRESENTATION………………………………………………………….27
13.2 ARIZONA OPEN MEETING LAW…………………………………………………………...28
13.3 CONFIDENTIALITY……………………………………………………………………………28
13.4 POLITICAL SYSTEM………………………………………………………………………….28
13.5 LEGAL ADVICE……………………………………………………………………………….28
13.6 RESPECT………………………………………………………………………………………28
13.7 COMMUNICATION……………………………………………………………………………28
13.8 WEIGHT OF RULES AND LAWS…………………………………………………………..28
13.9 INFORMATION………………………………………………………………………………..29
13.10 REPRESENTATIVE…………………………………………………………………………..29
13.11 AVAILABILITY………………………………………………………………………………...29
13.12 IMPROVEMENT……………………………………………………………………………….29
13.13 RESPONSIBILITY…………………………………………………………………………….29
APPENDIXES:
A: DISCLOSURE MEMORANDUM………………………………………………………………….30
B: APPOINTMENT PROCESS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS,
COMMISSIONS, COMMITTEES, ADIVOSRY BOARDS AND TASK FORCES…………………34
C: CONSIDERATIONS FOR SERVICE ON TOWN OF ORO VALLEY BOARDS,
COMMISSIONS, COMMITTEES AND OTHER VOLUNTEER BODIES…………………………..37
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
1
PREFACE
A. General Purpose: The Town Council of the Town of Oro Valley, Arizona,
in attempting to fulfill its responsibilities to govern the Town and to fully
and faithfully perform its duties in the best possible manner, formulates
these Rules & Procedures for use by the Council PUBLIC BODIES. It is
intended that these Rules & Procedures shall set standards and usual
procedures for the conducting of public meetings of the Council. These
Rules & Procedures shall be in effect for all Council PUBLIC meetings.
It is recommended that all Council PUBLIC BODY members review these
Rules & Procedures as soon as possible after they take office and
annually thereafter.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
2
SECTION 1. RULES & PROCEDURES
1.1 RULES & PROCEDURES
The following are the basis for, and are used in conjunction with, these Rules &
Procedures for PUBLIC meetings of the Council:
A) Arizona Open Meetings Act
(Arizona Revised Statute (ARS) § 38-431 et. seq.)
B) Town Code
C) Town Council Policies
D) Town Standard Operating Procedures
E) Roberts Rules of Order
1.2 PARLIAMENTARIAN
A) Council Meetings: The Town Attorney OR THEIR APPOINTED
REPRESENTATIVE shall serve as Parliamentarian for all Council
meetings. The Town Clerk OR THEIR REPRESENTATIVE shall
act as Parliamentarian in the absence of the Town Attorney; and
the Town Manager OR THEIR REPRESENTATIVE shall act as
Parliamentarian in the absence of both the Town Attorney and
Town Clerk.
B) Boards/Commissions/Committees/Task Forces: The Departmental
liaison, or designee, shall serve as Parliamentarian for their
respective Board, Commission, Committee, or Task Force.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in Section 5.2(B), Agendas, an Agenda is a formal listing of items to
be considered by the Councilmembers PUBLIC BODY at a noticed meeting. of
the Council.
2.2 BOARD OR COMMISSION
A DULY SELECTED STANDING PUBLIC BODY OF TOWN RESIDENTS
APPOINTED BY THE MAYOR AND TOWN COUNCIL TO REVIEW, AND/OR
APPROVE AND/OR MAKE RECOMMENDATIONS TO THE TOWN COUNCIL
ON SPECIFIED AREAS OF TOWN CONCERN.
2.3 CHAIRPERSON OR CHAIR
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
3
THE MAYOR OF THE TOWN OF ORO VALLEY OR ANY OTHER PERSON
ELECTED BY THE PUBLIC BODY THEY REPRESENT AS THE
CHAIRPERSON TO LEAD PUBLIC MEETINGS.
2.24 COUNCIL
The term Council shall include all members of the Mayor and Council unless
otherwise required by the context of the sentence.
2.45 MEETINGS
A meeting is the gathering, in person or by technological devices, of a quorum of
the Councilmembers PUBLIC BODY, at which they discuss, propose, or take
legal action, including any deliberations by a quorum with respect to such action.
If a quorum is not present, those in attendance will be named for the record and
in the absence of the Presiding Officer, the Town Clerk OR DESIGNEE, will
adjourn the meeting. The types of Council meetings are as follows:
A. Regular
B. Executive
C. Special
D. Study
E. Emergency
2.3546COUNCIL Packet MEETING MATERIALS
A compilation of documents supporting the items listed on the PUBLIC BODY’S
Agenda and requiring Council DISCUSSION AND/OR POSSIBLE action, which
may be used by Council THE PUBLIC BODY, Staff, and the public for more in-
depth information than may be presented in an oral report. The Packet is
organized as set forth in Section 5.2(DC), Agendas; and is provided or made
available to the Councilmembers OF THE PUBLIC BODY according to Section
5.2(CD), Agendas.
2.57 NEWSPAPER
Typically, a daily or weekly paid publication containing recent news, feature
articles, editorials and general advertisements.
2.68 NOTICE
A formal announcement to the public that sets forth the name of the Council
PUBLIC BODY, date, time and place for which a meeting of the Council PUBLIC
BODY will be held. Giving formal notice of meetings is done as provided by
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
4
Statute, these Rules & Procedures, or other rules or regulations of the Council
PUBLIC BODY.
2.79 ORDINANCE
An ordinance is Council action setting forth a rule of public conduct that is
considered long-term. Long-term rules include zoning issues, annexations,
abandonments, laws of the Town and such. The ordinance, in addition to being
referenced by number and brief title in the Minutes, will be recorded and
maintained in numerical sequence as a permanent record of the Town. Effective
dates of ordinances shall be as provided by law.
AN ORDINANCE IS A COUNCIL ACTION SETTING FORTH AN
AUTHORITATIVE LAW OR DECREE, SPECIFICALLY A MUNICIPAL
REGULATION, ESPECIALLY ONE THAT FORBIDS OR RESTRICTS AN
ACTIVITY. A MUNICIPAL ORDINANCE CARRIES THE STATE’S AUTHORITY
AND HAS THE SAME EFFECT WITHIN THE MUNICIPALITIES LIMITS AS A
STATE STATUTE. LONG TERM RULES INCLUDING ZONING ISSUES,
ANNEXATIONS, ABANDONMENTS, LAWS OF THE TOWN AND SUCH SHALL
BE DETERMINED BY ORDINANCE. THE ORDINANCE, IN ADDITION TO
BEING REFERENCED BY NUMBER AND BRIEF TITLE IN THE MINUTES
WILL BE RECORDED AND MAINTAINED IN NUMERICAL SEQUENCE AS A
PERMANENT RECORD OF THE TOWN. EFFECTIVE DATES OF
ORDINANCES SHALL BE AS PROVIDED BY LAW.
2.10 PUBLIC BODY
THE TOWN COUNCIL OR ANY OTHER DULY APPOINTED STANDING TOWN
BOARD OR COMMISSION.
2.811 QUORUM
A quorum is the minimum number of Councilmembers OF EACH PUBLIC BODY
that must be present in order for business to be legally transacted.
A. Quorum. A quorum is the simple majority of the total number of authorized
members. With a five-member body, a quorum is three (3) members.
With a seven-member body, a quorum is four (4) members.
B. Posting of Notice of Quorum. A Notice of Quorum is a notice informing
the public that a possibility of a majority of the Councilmembers PUBLIC
BODY may be present at an upcoming social event and/or any other
function.
2.912 RESOLUTION
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
5
A resolution is generally used for Council action on special or temporary matters
or for any other purpose except where an ordinance is required by law. A
resolution is less solemn and less formal than an ordinance and is frequently
used to exercise the Council's legislative power as it proposes to resolve general
policy issues, give direction, and to express the intent of public policy of the
Town. The resolution, in addition to being referenced by number and brief title in
the Minutes, will be recorded as provided by law and maintained in numerical
sequence as a permanent record of the Town. The effective date of a resolution
shall be provided by law.
A RESOLUTION IS A MAIN MOTION THAT FORMALLY EXPRESSES THE
SENSE, WILL OR ACTION OF THE TOWN COUNCIL. A RESOLUTION OFTEN
CONTAINS A PREAMBLE AND ONE OR MORE RESOLVING CLAUSES.
RESOLUTIONS ARE GENERALLY USED FOR COUNCIL ACTION ON
SPECIAL OR TEMPORARY MATTERS OR FOR ANY OTHER PURPOSE
EXCEPT FOR AN ORDINANCE AS REQUIRED BY LAW. A RESOLUTION IS
LESS FORMAL THAN AN ORDINANCE AND IS FREQUENTLY USED TO
EXERCISE THE COUNCIL’S LEGISLATIVE INTENT AS IT PROPOSES TO
RESOLVE GENERAL POLICY ISSUES, GIVE DIRECTION AND TO EXPRESS
THE INTENT OF PUBLIC POLICY OF THE TOWN. THE RESOLUTION, IN
ADDITION TO BEING REFERENCED BY NUMBER AND BRIEF TITLE IN THE
MINUTES WILL BE RECORDED AS PROVIDED BY LAW AND MAINTAINED
IN NUMERICAL SEQUENCE AS A PERMANENT RECORD OF THE TOWN.
THE EFFECTIVE DATE OF A RESOLUTION SHALL BE AS PROVIDED BY
LAW.
SECTION 3. PRESIDING OFFICER
3.1 MAYOR CHAIRPERSON
The Mayor CHAIRPERSON, or in the Mayor CHAIRPERSON's absence, the
Vice- Mayor CHAIRPERSON is the Presiding Officer of all meetings of the
Council EACH PUBLIC BODY. In an anticipated absence of the Mayor
CHAIRPERSON and Vice- Mayor CHAIRPERSON, a Mayor CHAIRPERSON
Pro Tempore shall be appointed by the Mayor CHAIRPERSON, or by the Council
PUBLIC BODY if the Mayor CHAIRPERSON is unable to make such an
appointment, and that person shall serve until the return of the Mayor
CHAIRPERSON or Vice- Mayor CHAIRPERSON. In the absence of both the
Mayor CHAIRPERSON and the Vice- Mayor CHAIRPERSON and a Mayor
CHAIRPERSON Pro Tempore has not been appointed, the meeting shall be
called to order by the Town Clerk OR DESIGNEE, whereupon, the Town Clerk
OR DESIGNEE, shall immediately call for the selection of a Mayor
CHAIRPERSON Pro Tempore.
3.2 SUSPENSION OF RULES
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
6
ONLY The Council may suspend the operation of any or all of these Rules &
Procedures, and any or all applicable provision of Robert’s Rules of Order upon
motion, second, and two-thirds vote of the Council. In the event of a conflict
between these Rules & Procedures and Robert’s Rules of Order, these Rules &
Procedures shall govern. NO OTHER PUBLIC BODY MAY SUSPEND THESE
RULES & PROCEDURES.
SECTION 4. MEETINGS
4.1 REGULAR MEETINGS
A) The Council of the Town of Oro Valley shall hold Regular meetings
at or about 6:00 p.m. in the Council Chambers located at the Oro
Valley Council Chambers, 11000 North La Cañada Drive, or
another place, date or time if necessary, on the first and third
Wednesday of each month. Meetings are held for the purpose of
discussion or action of the Council on various issues deemed
necessary to further the business of the Town. These meetings
may provide for citizen comments/appearances from the floor AS
DETERMINED BY THE PRESIDING OFFICER, UNLESS
OVERRULED BY A MAJORITY OF COUNCILMEMBERS
PRESENT. as determined by the Presiding Officer or the majority
of the Councilmembers present.
B) ALL PUBLIC BODIES WILL APPROVE A SCHEDULE OF THEIR
REGULAR PUBLIC MEETINGS FOR THE NEXT CALENDAR
YEAR, ON OR ABOUT DECEMBER OF EACH YEAR.,
CONSISTENT WITH TOWN CODE.
B)C) When the day for a Regular meeting of the Council PUBLIC BODY
falls on a legal holiday, no meeting shall be held on such holiday,
but a Special meeting may be held at such time and such location
as scheduled by the majority of the Council PUBLIC BODY.
C)D) In order to accommodate vacation scheduling of Councilmembers
OF ANY PUBLIC BODY, Council THE PUBLIC BODY may, by vote
or consensus, adjust the THEIR REGULAR MEETING schedule of
the two per month Regular meetings as Special meetings on a
mutually convenient date and time, or OTHERWISE cancel the
meeting.
E) IN THE EVENT THERE ARE NO AGENDA ITEMS FOR AN
UPCOMING MEETING OF ANY BOARD OR COMMISSION, THE
TOWN MANAGER OR THEIR DESIGNEE MAY CANCEL THE
MEETING AND PROVIDE APPROPRIATE NOTICE TO THE
BOARD OR COMMISSION AND THE PUBLIC.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
7
4.2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date certain, but not beyond
the next Regular meeting. Once adjourned, the meeting may not be reconvened
except at the time, date, and place provided for in the motion.
4.3 TOWN COUNCIL SPECIAL MEETINGS
A) In accordance with Section 2-4-2 of the Oro Valley Town Code,
Special meetings may be called by the Mayor or two (2)
Councilmembers, and notice shall be posted by the Town Clerk at
least twenty-four (24) hours prior to the meeting.
B) Special meetings are held for the purpose of presentations,
discussion, or action of the Council PUBLIC BODY on various
issues as deemed necessary to further the business of the Town.
These meetings may provide for "Citizen Comments/Appearances
PUBLIC COMMENT from the Floor," as determined by the
Presiding Officer, UNLESS OVERRULED BY A MAJORITY OF
COUNCILMEMBERS PRESENT. or the majority of the
Councilmembers present.
4.4 STUDY SESSIONS
A) Study Sessions offer the Council PUBLIC BODY an opportunity to
study items in an informal manner. No action may be taken during
a Study Session meeting., IN ACCORDANCE WITH STATE LAW.
Such meetings may be called as provided for in Section 4.3(A). In
the absence of having a quorum, a Study Session shall be declared
a Sub-Committee meeting of the Council, and shall continue to
follow these Rules & Procedures.
B) Study Sessions are held for the purpose of presentations and
discussions on such issues that require more in-depth
consideration of the Council PUBLIC BODY than may be possible
at a Regular meeting. No formal action of the Council PUBLIC
BODY may be taken at such meetings, other than general
consensus or conveying direction to Staff for further action. These
meetings may provide for “Citizen RESIDENT
Comments/Appearances PUBLIC COMMENT from the Floor," as
determined by the Presiding Officer CHAIRPERSON, UNLESS
OVERRULED BY A MAJORITY OF COUNCILMEMBERS
PRESENT. or the majority of the Councilmembers PUBLIC BODY
present.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
8
4.5 EXECUTIVE SESSIONS
A) Executive Sessions may be placed on an agenda under the same
circumstances as any other agenda item. The Town may hold an
Executive Session in accordance with ARS § 38-431.03 for the
following purposes.
1) Discussion or consideration of employment and/or
appointment of employees, Council PUBLIC BODY,
or other public officers
2) Discussion or consideration of records, information, or
testimony that is confidential and/or exempt from
disclosure
3) Legal advice from an attorney for the Town
4) Discussion or consultation with attorneys for the Town
to: a) Consider its position and to instruct the Council
PUBLIC BODY regarding litigation; b) Attempt to
avoid and/or resolve litigation through settlement; and
c) To provide guidance in contract negotiations
5) Discussion or consultation with the Council PUBLIC
BODY to consider its position and to instruct the
Council PUBLIC BODY regarding collective
bargaining negotiations
6) Discussion or consultation for international and
interstate negotiations or for negotiations with
representatives of Indian reservations located within
or adjacent to the Town
7) Discussion or consultation with the Council PUBLIC
BODY to consider its position and to instruct the
Council PUBLIC BODY regarding the purchase,
lease, and sale of real property
8) DISCUSSION OR CONSULTATION TO DISCUSS
SECURITY PLANS, PROCEDURES,
ASSESSMENTS, MEASURES OR SYSTEMS
RELATING TO, OR HAVING AN IMPACT ON, THE
SECURITY OR SAFETY OF BUILDINGS,
FACILITIES, OPERATIONS, CRITICAL
INFRASTRUCTURE INFORMATION AND
INFORMATION TECHNOLOGY MAINTAINED BY
THE PUBLIC BODY
B) Under normal circumstances, Executive Sessions shall be attended
only by the Mayor and Council PUBLIC BODY, Town Manager OR
THEIR DESIGNEE, Assistant Town Manager, Town Clerk, and
Town Attorney OR THEIR DESIGNEE. A majority of the Council
PUBLIC BODY may vote at the public session prior to the
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
9
Executive Session to have other individuals attend the Executive
Session. These other individuals must be necessary for the
consideration of the item, and may not remain in the Executive
Session once that particular item has been discussed.
C) The Town Clerk, or THEIR designee, shall take written Minutes of
Executive Sessions to document the nature and extent of the
discussions. All minutes of Executive Sessions shall be sealed and
retained by the Town Clerk as a confidential, non-public record. In
accordance with ARS § 38-431.03(C)(B), the Town may only
disclose the Minutes of an Executive Session to the Attorney
General or the Pima County Attorney upon receipt of a written
complaint alleging a violation of this provision at an Executive
Session of the Town, and upon being presented with a court order.
D) All Executive Session discussions and materials are considered
confidential and non-public information. No discussions or
materials may be disseminated to anyone outside of the Mayor and
Council, Town Manager, Town Attorney, and Town Clerk OF THE
PUBLIC BODY AND THOSE INDIVIDUALS PRESENT AT THE
EXECUTIVE SESSION. Any discovered or suspected violation
shall be reported to the Town Attorney immediately.
4.6 EMERGENCY MEETINGS
As provided for in ARS § 38-431.02(D), the Mayor and Council may call a AN
Emergency meeting to discuss or take action on an unforeseen issue where time
is of the essence and sufficient time does not provide for the posting of a meeting
notice twenty-four (24) hours or more before the meeting. Notice of an
Emergency meeting of the Mayor and Council will be posted within twenty-four
(24) hours following the holding of an Emergency meeting. The Notice will
include the agenda and a brief, but complete, description of the nature of the
emergency. Emergency meetings may provide for a “Citizen
Comments/Appearances from the Floor," as determined by the Presiding Officer
or the majority of the Councilmembers present.
4.7 MEETINGS TO BE PUBLIC
A) With exception of Council Executive Sessions, all Regular, Special,
Emergency, and Study Session meetings of the Council PUBLIC
BODY shall be open to the public.
B) All public meetings may be recorded by means of audio, video or
photographic equipment provided that there is not interference in
the orderly conduct of the meeting, and that said equipment is
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
10
AVAILABLE AND placed in non-hazardous locations as designated
by the Town Manager OR THEIR DESIGNEE.
4.8 MINUTES AND RECORDATION OF COUNCIL MEETINGS PUBLIC
BODY MEETINGS
A) The Town Manager shall ensure Staff attendance at all Regular,
Special, Study Session, Emergency, and Executive Session
meetings of the Council PUBLIC BODY for the purpose of taking
notes MINUTES and/or AND/OR audio/VIDEO recordation of the
meeting.
B) Written Action Minutes instead of Synopsis Minutes shall be taken
so that a brief accounting of the issues discussed and actions taken
is compiled and entered into the permanent Minute Book of the
Town and kept on file in the Office of the Town Clerk.
C) ALL Open meetings REGULARLY CONDUCTED IN THE
COUNCIL CHAMBERS shall be recorded by means of audio or
AND video technology, which will be retained for a period of time 5
years longer than required by State Statute.
C)D) All Minutes of the Council PUBLIC BODY are deemed to be Public
Records, with the exception of Executive Session Minutes, which,
while they fall under the definition of and are considered Public
Records by State Statute, are deemed confidential and are only
available under limited conditions or by court order. Transcribed
Minutes, or the audio or video recording of all open meetings of the
Council PUBLIC BODY, must be on file in the Office of the Town
Clerk, and available for public review by 5:00 p.m. on the third
working day following each meeting, or as provided by ARS § 38-
431.01.
D)E) Minutes of all meetings of the Council PUBLIC BODY are made
available at the Town Clerk’s office, and may be available through
the Town's Web Site.
SECTION 5. NOTICE AND AGENDA
5.1 PREPARATION AND POSTING NOTICES
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
11
A) The Town Clerk, or THEIR designee, shall prepare all public
meeting notices of the Council PUBLIC BODY, and shall ensure
posting of the meeting notices no less than twenty-four (24) hours
before the date and time set for said meetings in accordance with
ARS § 38-431.02(C).
B) Meeting notices shall be posted on an outside bulletin board
located at the Town Hall Courtyard at 11000 North La Cañada
Drive, Oro Valley, Arizona, in the lobby of the Town Hall, and in the
lobby of the Oro Valley Police Department at 11000 North La
Cañada Drive ORO VALLEY BRANCH LIBRARY LOCATED AT
1305 W. NARANJA DRIVE, Oro Valley Arizona, or as established
by the Disclosure Statement of the Town Council PUBLIC BODY.
5.2 AGENDAS
A) Agendas for Council meetings shall be prepared by the Agenda
Committee, which THAT shall be made up of the Mayor (or Vice-
Mayor), Town Manager, Town Clerk, and one Councilmember, with
review of the proposed final agenda by the Town Attorney. The
Councilmember shall be selected by the Council and his/her term
shall last for three (3) months ending with the second Regular
Council meeting of the third month and at which time a new
Councilmember shall be selected.
SHOULD THE COUNCILMEMBER NOT BE ABLE TO ATTEND
AN AGENDA COMMITTEE MEETING DURING THEIR TERM,
THEY MAY REQUEST THAT ANOTHER MEMBER OF COUNCIL
ATTEND THAT SPECIFIC AGENDA COMMITTEE MEETING IN
THEIR STEAD. SHOULD AN ALTERNATE COUNCILMEMBER
NOT BE SELECTED OR IF AN ALTERNATE COUNCILMEMBER
IS SELECTED BUT UNABLE TO MAKE THE AGENDA
COMMITTEE MEETING, THE AGENDA COMMITTEE MEETING
WILL PROCEED IN THEIR ABSENCE.
B) AGENDAS FOR ANY PUBLIC BODY OTHER THAN COUNCIL
SHALL BE PREPARED BY THE TOWN STAFF MEMBERS
ASSIGNED TO THAT PUBLIC BODY IN CONSULTATION WITH
THE CHAIRPERSON
B)C) Pursuant to ARS § 38-431.09, the agenda shall provide
information as is reasonably necessary to inform the public of
matters to be discussed or decided. All items requiring prior legal
review shall be submitted to the Town AttorneyLEGAL
REPRESENTATIVE on or about fourteen (14) days prior to
submission to the Town Clerk’s office.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
12
C)D) Council AGENDA packets will be delivered to the office of all
Councilmembers OF THE PUBLIC BODY on or about seven (7)
days prior to the Council EACH meeting. These deadlines may be
waived for any particular item by the Mayor CHAIRPERSON or
Town Manager OR DESIGNEE only if it is determined that it is
impossible to meet the deadline.
D)E) The agenda sequence for Regular Council PUBLIC BODY
meetings shall be as followsMAY INCLUDE THE FOLLOWING:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Upcoming meeting announcement
5. Mayor will review the Order of Business REPORTS ON
CURRENT EVENTS
6. TOWN MANAGER’SOR DESIGNEE REPORT ON
CURRENT EVENTS
6.7. Call to Audience ORDER OF BUSINESS
7.8. Consent Agenda CALL TO AUDIANCE
8.9. Business CONSENT AGENDA
9.10. Town Manager’s Report BUSINESSREGULAR AGENDA
ITEMS
10.11. Call to Audience FUTURE AGENDA ITEMS
11.12. Adjournment
E)F The Consent Agenda shall be in accordance with the Oro Valley
Town Code Section 2-4-6.
G) SHOULD ANY MEMBER OF THE PUBLIC BODY CHOOSE TO
CREATE THEIR OWN SLIDE PRESENTATION OR ANY KIND OF
VISUAL AID WITH THE INTENT TO EITHER DISPLAY OR
REFER TO AT THE PUBLIC MEETING, THE MEMBER SHALL
SUBMIT SUCH MATERIALS TO STAFF AT LEAST TWENTY-
FOUR (24) HOURS PRIOR TO THE START OF THE MEETING.
SECTION 6. DUTIES AT MEETINGS
6.1 MAYOR CHAIRPERSON
A) The Mayor CHAIRPERSON shall call the meeting of the Council
PUBLIC BODY to order, and shall preserve order and decorum at
all meetings of the Council PUBLIC BODY. The Mayor
CHAIRPERSON may move, second, and debate from the chair,
subject only to such limitations of any of the rights and privileges of
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
13
a PUBLIC BODY Councilmember. The Mayor CHAIRPERSON
shall determine whether a member of the public shall be heard
consistent with the Arizona Open Meeting Laws. Public
participation shall be on an item-by-item basis and at the discretion
of the Mayor CHAIRPERSON except for listed public hearings.
B) In the event of unruly behavior of any member of the public or of
the Council PUBLIC BODY, as determined by the Mayor
CHAIRPERSON or raised by a PUBLIC BODY Councilmember in a
Point of Order, the Mayor CHAIRPERSON or in the Mayor
CHAIRPERSON’s refusal, the Council PUBLIC BODY, shall issue a
verbal warning that such continued unruly behavior may result in
removal from the meeting. A second verbal warning may result in
removal of the offender from the meeting. In the determination of
unruly behavior of any member of the public by the Mayor
CHAIRPERSON, (or Council PUBLIC BODY upon a majority vote),
the Sergeant-at-Arms shall be directed to remove the person from
the meeting room until such time as the person agrees and publicly
acknowledges to the Mayor CHAIRPERSON that there will be no
further disturbances. If a person makes the public
acknowledgement, they may be allowed to return to the meeting.
6.2 TOWN CLERK
The duties of the Town Clerk OR DESIGNEE, at meetings of the Council
PUBLIC BODY, shall be in accordance with state law and the Oro Valley Town
Code Section 3-2-2, but not limited to the following listed duties. The Town Clerk
OR DESIGNEE shall take the Roll Call. The Town Clerk OR DESIGNEE shall
announce each agenda item, reading into the record the item as listed on the
agenda, sufficiently to advise the Council PUBLIC BODY and public as to what
business is about to be considered by the Council PUBLIC BODY. The Mayor
CHAIRPERSON or at the Mayor CHAIRPERSON’s discretion, the Town Clerk,
may restate the motion into the record before the Council PUBLIC BODY votes.
6.3 SERGEANT-AT-ARMS
The Police Chief, or designee, shall serve as the Sergeant-at-Arms of FOR the
Council PUBLIC BODY meetings, and shall carry out all orders and instructions
given by the Mayor CHAIRPERSON (and/or a majority of the Councilmembers
PUBLIC BODY) for the purpose of maintaining order and decorum at the Council
PUBLIC BODY meeting. Upon instructions by the Mayor CHAIRPERSON (or a
Council PUBLIC BODY majority) following the process listed above, it shall be
the duty of the Sergeant-at-Arms to remove any person who violates the order
and decorum of the meeting.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
14
SECTION 7. ATTENDANCE REQUIREMENTS
7.1 COUNCILMEMBERS PUBLIC BODY MEMBERS
It is the duty of the Councilmembers PUBLIC BODY MEMBERS to attend all
Council PUBLIC BODY meetings. A vacancy of office of a Councilmember
PUBLIC BODY MEMBER shall be when there is an absence and ceasing to
discharge the duties of office for a period of three (3) consecutive months, and/or
may be deemed vacant from and after the occurrence of any events described in
ARS § 38-291. The measured time for an absence starts as of the first
unexcused absence from a Council PUBLIC BODY Study Session or meeting
missed. Pursuant to Oro Valley Town Code Section 2-1-4 2-1-6, iIn the event of
a vacancy, the Council shall fill such vacancy., by appointment, for the unexpired
term of the vacancy.
SECTION 8. PROCEDURES FOR MEETINGS
8.1 CALL TO ORDER
The Mayor CHAIRPERSON shall call all Council PUBLIC BODY meetings to
order.
8.2 ROLL CALL
Roll shall be called by the Town Clerk OR THEIR DESIGNEE.
8.3 AGENDA ORDER
The order of business shall be as provided for in the agenda and any item shall
be considered during the course of the Council PUBLIC BODY meeting at the
discretion of the Mayor CHAIRPERSON, so long as there is no attempt to deny
the public of the opportunity to participate in public hearings. The Mayor
CHAIRPERSON may amend the order of the agenda at the beginning and during
the course of a meeting with the approval of a majority of the Council PUBLIC
BODY.
8.4 APPROVAL OF MINUTES/ABSTENTIONS
The Town Clerk OR DESIGNEE shall present Minutes to the Council PUBLIC
BODY for approval. Councilmembers PUBLIC BODY MEMBERS who were not
present at a previous meeting may abstain from the vote approving those
Minutes. The Council PUBLIC BODY may approve multiple SETS OF Minutes
by one vote, and if one or more Councilmembers PUBLIC BODY MEMBERS
expressed a desire to abstain from the vote on one set of Minutes, the motion
shall be to approve the Minutes “except as noted by Councilmembers PUBLIC
BODY MEMBER(s) ______.”
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
15
8.5 CALL TO THE AUDIENCE
The Council PUBLIC BODY may make an open Call to the Audience during a
public meeting so those individuals may address the Council PUBLIC BODY on
any issue NOT ON THE AGENDA AND within the jurisdiction of the Council
PUBLIC BODY. Each speaker must speak in a courteous and respectful manner
and may be limited to three (3) minutes. If necessary, the Mayor
CHAIRPERSON or Council PUBLIC BODY may limit the total time offered TO
speakers. All such remarks shall be addressed to the Council PUBLIC
BODY as whole, and are not to be addressed to any specific PUBLIC BODY
Councilmember. Should any item be addressed to a specific PUBLIC BODY
Councilmember, it shall be ignored, and the Mayor CHAIRPERSON shall remind
the speaker that they must address the question to the entire Council PUBLIC
BODY. No person other than the speaker shall enter into the discussion without
the permission of the Mayor CHAIRPERSON. At the conclusion of the open Call
to the Audience and pursuant to state law, the Council PUBLIC BODY may
respond, but they may not take action on any item raised by the public during a
call to the audience unless that item was properly placed on the agenda.
8.6 PUBLIC INPUT AT NON-PUBLIC HEARINGS
In the event a person in the audience wishes to address the Council PUBLIC
BODY on an issue on the AGENDA, which is not a public hearing, the person
should fill out a blue card located in the back of the Council Chambers and
submit it to the Town Clerk OR THEIR DESIGNEE. The Mayor CHAIRPERSON,
or upon a majority vote of the Council PUBLIC BODY, shall determine whether
the Council PUBLIC BODY will hear from the public. Any such public address
may be limited to no more than three (3) minutes per person. Written
communications related to an agenda item should be delivered to the Town Clerk
OR THEIR DESIGNEE three (3) full working days in advance of the Council
meeting and will be copied and delivered to each PUBLIC BODY Councilmember
two (2) full working days in advance of the Council PUBLIC BODY meeting.
However, all such written communications shall not be read into the record by the
Town Clerk OR DESIGNEE unless, by a majority vote of the PUBLIC BODY
Councilmembers present, the Council PUBLIC BODY votes to have the Town
Clerk OR DESIGNEE read the item into the record. Written communication may
be delivered to the Town Clerk OR DESIGNEE at the time of a person’s address
to the Council PUBLIC BODY but these documents may not be reviewed,
addressed, or commented on at the Council PUBLIC BODY meeting by the
Council PUBLIC BODY.
8.7 COUNCIL PUBLIC BODY COMMUNICATIONS
A PUBLIC BODY Councilmember may ask Staff about a particular issue in the
report, but discussion and action on any item mentioned in a Council PUBLIC
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
16
BODY Communication may not be held unless that item is properly placed on the
agenda.
8.8 ORDER OF PRESENTATION
The Town Clerk OR DESIGNEE shall introduce each agenda item as it comes to
Council PUBLIC BODY for consideration and/or action. Following the
introduction of the agenda item by the Town Clerk OR DESIGNEE and
presentation of Staff reports, the Mayor CHAIRPERSON shall entertain
questions from the Council PUBLIC BODY and, where appropriate, permit public
participation. Next, a motion may be made, and a vote may be had as provided
for in these Rules & Procedures.
8.9 TOWN MANAGER, COUNCIL PUBLIC BODY, AND STAFF REPORTS
The Town Manager’s, Council PUBLIC BODY’s, and Staff reports may be in
writing or oral in accordance with the Arizona Open Meeting Law. Any PUBLIC
BODY Councilmember may ask the Town Manager OR THEIR DESIGNEE,
PUBLIC BODY Councilmember, or Staff member about a particular item in the
report, UNLESS RULED OUT OF ORDER BY THE LEGAL REPRESENTATIVE
OR PARLIAMENTARIAN, but discussion and action on any item mentioned in
the report may not be held unless that item is properly placed on the AN agenda.
8.10 FUTURE AGENDA ITEMS
A) FOR COUNCIL MEETINGS, Any Councilmember may request that an
item be placed on a future agenda by contacting a member of the Agenda
Committee. This provision applies to the Mayor and Councilmembers.
However, if two (2) or more Councilmembers request that an item go on
the agenda, then it shall be put on the agenda if it is submitted to the
Agenda Committee twelve (12) days before the Council meeting date.
SECTION 9. PUBLIC HEARING PROCEDURE
9.1 AGENDA PROCEDURE FOR PUBLIC HEARING
A Public Hearing may be placed on the agenda under the same agenda item as
the discussion and action of the Council PUBLIC BODY. The normal procedure
for Public Hearings shall be as set forth hereafter.
A) The agenda item shall be called by the Town Clerk OR DESIGNEE
as any other agenda item.
B) Staff shall have an opportunity to report on the issue and answer
questions by the Council PUBLIC BODY.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
17
C) The proponent may make an opening statement in order to explain
the item to the Council PUBLIC BODY and public. The Mayor
CHAIRPERSON or Council PUBLIC BODY may limit the time for
this statement as necessary. All documents shall have sufficient
copies so that PUBLIC BODY Councilmembers and Staff have a
copy to review and any exhibit presented shall be of sufficient size
to permit the Council PUBLIC BODY and public to view the exhibit.
D) The Mayor CHAIRPERSON shall declare that the Council PUBLIC
BODY is now in Public Hearing. At this time, the public may
address the Council PUBLIC BODY, though once the Public
Hearing has been closed, no further verbal/written input shall be
taken.
E) In the event a person in the audience wishes to address the
Council PUBLIC BODY on an issue on the agenda, which is a
Public Hearing, the person should FIRST fill out a blue card located
in the back of the Council Chambers and submit it to the Town
Clerk OR DESIGNEE. That person may WILL be permitted to
speak; however, any such public address may be limited to three
(3) minutes per person. All persons addressing the Council
PUBLIC BODY shall speak into the microphone so that the
comments may be recorded. FOR PUBLIC MEETINGS THAT ARE
REGULARLY HELD IN THE COUNCIL CHAMBERS,
INDIVIDUALS SHALL BE ALLOWED TO SPEAK VIRTUALLY ON
AN AGENDA ITEM THAT CONTAINS A PUBLIC HEARING,
PROVIDED THE INDIVIDUAL SUBMITS THEIR REQUEST TO
SPEAK VIRTUALLY THROUGH THE TOWN’S WEBSITE AT
LEAST 24 HOURS PRIOR TO THE START OF THE PUBLIC
MEETING. Written communications related to an agenda item
should be delivered to the Town Clerk OR DESIGNEE three (3) full
working days in advance of the Council PUBLIC BODY meeting
and shall have been copied and delivered to each PUBLIC BODY
Councilmember two (2) full working days in advance of the Council
PUBLIC BODY meeting. However, all such written
communications shall not be read into the record by the Town Clerk
OR DESIGNEE unless, by a majority vote of members present, the
Council PUBLIC BODY votes to have the Town Clerk OR
DESIGNEE read the item into the record. Once THE Public
Hearing has been closed, no further verbal/written input shall be
taken. Written communications may be delivered to the Town Clerk
at the time of a person’s address to the Council PUBLIC BODY but
these documents will not be reviewed, addressed, or commented
on at the Council PUBLIC BODY meeting by the Council PUBLIC
BODY.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
18
F) Unless a majority of the PUBLIC BODY Councilmembers objects,
the Mayor CHAIRPERSON shall declare the Public Hearing as
ended. Once the Public Hearing is closed, no additional oral or
written communication may be accepted from the audience.
G) The proponent shall be allowed to answer questions posed by the
Council PUBLIC BODY, a brief statement to rebut the statements
made by the public, and/or to offer a compromise.
H) The Mayor CHAIRPERSON and/OR the Council PUBLIC BODY
may ask one person who spoke from the audience to rebut a
proponent’s final summation. Such person may be chosen in one
of the following manners:
1) The Council PUBLIC BODY may ask that, if more than one
person spoke on an issue, they decide among themselves to
have one person present a rebuttal to the proponent’s
summation. If the group can not agree on one
spokesperson, then there will be no rebuttal from the public
on that issue.
2) At the discretion of the Mayor and Council PUBLIC BODY.
I) The agenda item will then be DISCUSSED and action taken as on
any other agenda item.
SECTION 10. DISCUSSION AND VOTING PROCEDURES
10.1 QUORUM
It will be necessary for a quorum to be present in order for the Council PUBLIC
BODY to consider or act upon any business. A quorum shall consist of a
majority of the PUBLIC BODY Councilmembers. In the event a quorum is not
present, the only motion that can be made, considered, or passed, after Roll Call,
is a motion for adjournment of non-action since an official meeting cannot be held
for lack of a quorum.
10.2 CONFLICTS OF INTEREST
Each PUBLIC BODY Councilmember has a responsibility for compliance with
ARS § 38-501 et seq., concerning conflicts of interest. See Section 12. Any
member of the Council PUBLIC BODY, who believes he or she has a conflict of
interest, may want to discuss such issue with the Town Attorney. Immediately
upon determining that a conflict exists, the PUBLIC BODY Councilmember shall
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
19
declare a conflict of interest by completing a Conflict of Interest CONFLICT-OF-
INTEREST Disclosure Memorandum (See Appendix A) and returning the form to
the Town Clerk OR DESIGNEE. That PUBLIC BODY Councilmember shall then
leave the room and shall refrain from taking any part in the discussion,
consideration, or determination of that issue and the PUBLIC BODY
Councilmember shall be excused from that agenda item. IF THE MEMBER’S
RECUSAL RESULTS IN A LOSS OF A QUORUM, THE ITEM SHALL BE
CONTINUED. unless it would result in the loss of a quorum, which would
therefore result in continuing that item. If that issue is not resolved at that
meeting, that PUBLIC BODY Councilmember shall not discuss the matter with
any other PUBLIC BODY Councilmember until the matter is finally resolved. The
PUBLIC BODY Councilmember who declared the conflict may return to his/her
seat when that agenda item is completed FOR THE NEXT AGENDA ITEM.
10.3 GETTING THE FLOOR
Every PUBLIC BODY Councilmember desiring to speak shall address the Mayor
CHAIRPERSON, and upon recognition by the Mayor CHAIRPERSON, shall
confine himself/herself to the question under debate.
10.4 INTERRUPTIONS
When an individual has been given the floor, that PUBLIC BODY Councilmember
or member of the public shall not be interrupted as long as such individual is
proceeding in accordance with these Rules & Procedures.
10.5 MAKING AND SECONDING A MAIN MOTION
In the majority of Town Council PUBLIC BODY actions, motion(s) should be
made in the affirmative. There can be no discussion after a main motion is made
until there is a second to the motion. If a second to the motion is not made, then
the motion will die for lack of a second.
10.6 AMENDMENTS TO A MAIN MOTION
A) Voluntary: At any time before the question is called on a pending
motion, the PUBLIC BODY Councilmember who made the motion
may ask that his/her motion be amended. If the PUBLIC BODY
Councilmember who seconded the main motion agrees, then the
motion shall be considered amended voluntarily. No more than one
amendment to an amendment shall be permitted for any item.
B) Involuntary: At any time before the question is called on a pending
motion, a PUBLIC BODY Councilmember may make a motion to
amend the motion. At that time the discussion of the underlying
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
20
issue will stop. If there is not a second to the motion to amend,
then discussion on the underlying issue will continue. If the motion
to amend is adopted by a majority of the PUBLIC BODY Council,
discussion will continue on the (now) amended motion. If the
motion to amend fails, discussion will continue on the original
motion on the floor.
C) Voluntary Withdrawal: At any time before the question is called on
a pending motion, the PUBLIC BODY Councilmember who made
the motion may ask that his/her motion be withdrawn. The motion
will be withdrawn only in the event that the PUBLIC BODY
Councilmember who seconded the motion agrees to withdraw the
motion.
10.7 CALLING THE QUESTION
Discussion shall end at the time the question is called, or at the time the Mayor
CHAIRPERSON determines that there is no further need for discussion.
However, when there is a Call for the Question, the Mayor CHAIRPERSON
moves to close discussion. A second to the motion and two-thirds vote of the
PUBLIC BODY Council is required to do so. This action shall close the
discussion against the will of even one member who wishes to speak. If the
Mayor CHAIRPERSON attempts to close discussion and a PUBLIC BODY
Councilmember wishes to continue the discussion, the question that should be
raised by that PUBLIC BODY Councilmember is a Point of Order. A Point of
Order, raised by a PUBLIC BODY Councilmember, calls upon the Mayor
CHAIRPERSON for a ruling and an enforcement of the rules.
10.8 TAKING THE VOTE
The Mayor CHAIRPERSON shall ask PUBLIC BODY Councilmembers to
designate his/her vote by announcing “aye” or “nay.” If a PUBLIC BODY
Councilmember abstains from voting, that vote is considered a neutral vote. The
effect of the abstention, whether through deliberate neutrality or otherwise, may
have the effect of a “nay” vote.1 If, prior to the vote or after the vote, any
PUBLIC BODY Councilmember requests a Roll Call vote, the Town Clerk OR
DESIGNEE shall call Roll, and each PUBLIC BODY Councilmember shall state
his/her vote aloud.
10.9 ANNOUNCING THE RESULT OF THE VOTE
After the vote, the Mayor CHAIRPERSON shall announce whether the motion
passed or failed, and the results of the vote.
1 If the Council vote is 2-2-1 with a Councilmember abstaining, then the matter would not pass for lack of a
majority. If the Council vote is 2-1-1 with a Councilmember abstaining, then the matter would also not
pass for lack of a majority.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
21
10.10 TIE VOTES
In the case of a tie in votes on any motion, the motion shall be considered lost.
10.11 ORDINANCE EMERGENCY CLAUSE
FOR COUNCIL ONLY, when an ordinance includes an emergency clause, it
shall be prepared as provided by law and it shall become immediately effective.
An emergency clause requires a three-fourths vote pursuant to ARS § 19-142(B).
SECTION 11. MOTIONS
11.1 RECONSIDERATION OF MOTIONS
Reconsideration of any action taken by PUBLIC BODY Council must be by
motion by a PUBLIC BODY Councilmember who was on the prevailing side of
the vote.
A. Once an item is discussed at a meeting and the PUBLIC BODY Council
has gone on to another agenda item, the item considered cannot be again
considered at that same meeting unless it can be positively determined
that all persons who were present when the item was first considered are
still present.
B. Said reconsideration of any action taken by PUBLIC BODY Council must
be by motion by a PUBLIC BODY Councilmember who was on the
prevailing side of the vote. Such motion must be filed with the PUBLIC
BODY Council IN THE (Town Clerk’s office) and the Town Clerk OR
DESIGNEE shall place that item on the agenda prior to the next regularly
scheduled Council meeting OF THE PUBLIC BODY. At the time of that
meeting before the matter may be considered, there must be a second to
the Motion to Reconsider.
C. If the motion to reconsider failed, the PUBLIC BODY Council will skip the
next agenda item, which will be the discussion and vote of the original
issue.
D. If the motion to reconsider was successful, the PUBLIC BODY Council will
continue that item to a specific date in the future.
11.2 MOTIONS TO ADJOURN
A motion to adjourn may be made at any time, and this motion takes precedence
over all other motions in accordance with Roberts Rules of Order.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
22
11.3 MOTIONS TO RECESS
A motion to recess may be made at any time.
11.4 MOTIONS WITH A FIXED TIME TO ADJOURN
A motion with a fixed time to adjourn is not in order when another has the floor.
This motion requires a second, is not debatable, is amendable, requires a
majority vote, and may be reconsidered.
11.5 MAIN MOTION
A main motion is a motion to consider action and should be phrased in the
positive.
SECTION 12. CONFLICT OF INTEREST
12.1 INTRODUCTION
Occasionally, a PUBLIC BODY Council member may find himself/herself in a
situation which requires that PUBLIC BODY Council member to remove
himself/herself from participation in the decision making DECISION-MAKING
process and from voting on a matter before the PUBLIC BODY Council. This
situation exists when the PUBLIC BODY Council member has a “conflict of
interest” as defined by applicable laws. These laws establish minimum
standards for the conduct of PUBLIC BODY Council members who, in their
official capacity, are, or may become involved with, a decision which might
unduly affect their personal interests or those of their close relatives. Arizona law
defines those close relatives to include "spouse, child, grandchild, parent,
grandparent, brother or sister of whole or half blood and their spouses, and the
parent, brother, sister or child of a spouse."
12.2 PURPOSE OF CONFLICT OF INTEREST LAWS
The purpose of Arizona’s conflict of interest laws is to prevent self-dealing by
PUBLIC BODY Council members and other public officials. The financial interest
of PUBLIC BODY Council members must not conflict with the unbiased
performance of their public duties. One cannot serve two masters with conflicting
interests. The object of the statutes is to remove or limit any improper influence,
direct or indirect, which might bear on an official’s decision, as well as to
discourage deliberate dishonesty.
12.3 THE ARIZONA CONFLICT OF INTEREST LAW
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
23
Pursuant to ARS § 38-503:
A) Any PUBLIC BODY Council member who has, or whose close
relative has, a substantial interest in any contract, sale, purchase or
service to the Town shall make known that interest in the official
records of the Town and shall refrain from voting upon or otherwise
participating in any manner as a PUBLIC BODY Council member in
such contract, sale or purchase.
B) Any PUBLIC BODY Council member who has, or whose (sic)
WHO’S relative has, a substantial interest in any decision of the Town
shall make known such interest in the official records of the Town and
shall refrain from participating in any manner as a PUBLIC BODY
Council member in such decision.
12.4 SUBSTANTIAL INTEREST
WHERE A PUBLIC BODY MEMBER HAS A SUBSTANTIAL INTEREST IN THE
PENDING MATTER, DISQUALIFATION IS REQUIRED IN ACCORDANCE
WITH The preceding subsection tells us that disqualification is required where a
Council member has a “substantial interest” in the pending matter. But, what is a
“substantial interest?" The law, ARS 38-503,. tells us that a “substantial interest”
is basically any financial interest of the Council member or close relative, which is
not a “remote interest." IF A MEMBER OF THE PUBLIC BODY IS UNSURE
ABOUT A CONFLICT, THEY SHALL CONSULT WITH APPROPRIATE TOWN
LEGAL COUNSEL. SEE APPENDIX A FOR CONFLICT OF INTEREST
CRITERIA AND CONFLICT OF INTEREST REPORT FORM.
The Legislature has determined that certain economic interests are so remote
that they do not unduly influence a person’s decisions or actions. These “remote
interests” are discussed below. Unless the interest is one of the nine remote
interests described in the following subsection, the interest is substantial and
creates a conflict of interest.
To determine whether a substantial interest exists, a Council member should ask
the following questions:
A) Will the decision affect, either positively or negatively, an interest of
the Council member or a close relative?
B) Is the interest a pecuniary or proprietary interest, i.e. does it affect a
financial or property interest?
C) Is the interest other than one of the nine remote interests described
below?
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
24
If the answer to each of these questions is yes, then a substantial interest exists
which requires disclosure and disqualification by the PUBLIC BODY Council
member.
Although Council members may not themselves have a substantial interest in a
decision in which they are about to participate, if one of their close relatives has a
substantial interest in the decision, the Council member must disclose the
interest and refrain from participating in the decision.
12.5 REMOTE INTERESTS (SEE APPENDIX A)
Arizona law excludes from the definition of a substantial interest certain
enumerated remote interests. Any interest in a decision or contract not falling
within the following remote interests is a substantial interest requiring withdrawal
from participation:
A) Non-Profit Corporations. If the Councilmember or their close
relative is a non-salaried officer of a nonprofit corporation, he or she
has a remote interest in any decision affecting that corporation.
B) Landlord/Tenant of a Contracting Party. If a Councilmember or
their close relative is a landlord or tenant of a party contracting with
the Town, the Councilmember has a remote interest in a decision
regarding the contract.
C) Attorney of a Contracting Party. If the Councilmember or their
close relative represents a client contracting with the Town, he/she
has a remote interest in a decision affecting the client’s contract.
For example, if the Council is considering awarding a contract to a
contractor, which is represented by an attorney, who is related to
the Councilmember, that Councilmembers interest in the awarding
of the contract is remote.
D) Nonprofit Cooperative Marketing Associations. If a Councilmember
or their close relative is a member of a nonprofit cooperative
marketing association, he/she has a remote interest in any decision
affecting that association.
E) Insignificant Stock Ownership. If a Councilmember or their close
relative owns less than three percent of the shares of a corporation
for profit, and if the income from those shares does not exceed five
percent of the person’s total annual income, he/she has a remote
interest in any decision affecting that corporation.
F) Reimbursement of Expenses. If a Councilmember or their close
relative is being reimbursed for actual and necessary expenses
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
25
incurred in the performance of official duties, he/she has a remote
interest in any decision affecting that reimbursement.
G) Recipient of Public Services Generally Available. If the
Councilmember or their close relative is a recipient of public
services provided by the Town, and if those services are available
to the general public, the Councilmember has a remote interest in
any decision affecting those services.
H) Class Interests. If the Councilmember or their close relative is a
member of a trade, business, profession or other class of persons,
and the interest is no greater than the interest of the other members
of the class, the Councilmember has a remote interest in any
decision affecting the class. For example, if the Council was
considering a decrease in Bed Tax and a Councilmember’s son
owned a business subject to the tax, the interest is remote because
the son benefits no more or less than other owners of such a
business.
I) Interests of Other Agencies. A Councilmember may participate in a
decision that indirectly affects a close relative who is an officer or
employee of another public agency. For example, the head of the
state agency responsible for allocating funds to local governments
could participate in such decisions even though his/her spouse was
an officer or employee of the local government. If, however, the
decision confers some direct economic benefit or detriment
resulting in the termination of a spouse’s employment by the local
government, a conflict of interest is present.
12.6 RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR
SERVICES
Pursuant to ARS § 38-503(C)(2), a PUBLIC BODY Councilmember, or their close
relative as described in § 12.1, may sell to the Town any supplies or equipment
valued at not more than $300 in any single transaction, or $1,000 in any one
year, except as provided for by State law and if the policy for such purchases is
approved annually.
12.7 DISCLOSURE OF INTEREST
Pursuant to ARS § 41-1346 41-151, the Town shall maintain an active system for
the management of public records so that all documents necessary to
memorialize disclosures of substantial interest are made available for public
inspection. Any PUBLIC BODY Councilmember who has a conflict of interest in
any decision must disclose that interest. The PUBLIC BODY Councilmember
shall file with the Town Clerk a signed Conflict of Interest Disclosure
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
26
Memorandum (See Appendix A) fully disclosing the interest and declaring the
existence of the conflict and the reasons at a PUBLIC BODY Council meeting.
12.8 WITHDRAWAL FROM PARTICIPATION
PUBLIC BODY Councilmembers shall immediately and publicly declare a conflict
in matters which the PUBLIC BODY Councilmember, or whose close relative,
would have a substantial interest due to a pecuniary interest or bias. Having
disclosed the conflict of interest and withdrawn in the matter, the PUBLIC BODY
Councilmember must not communicate about the matter with anyone involved in
the decision making DECISION-MAKING process in order to avoid the
appearance of impropriety. Further, the PUBLIC BODY Councilmember should
not otherwise attempt to influence the decision and should withdraw from the
Council chambers PUBLIC MEETING ROOM while the matter is considered. If
that issue is not resolved at that meeting, that PUBLIC BODY Councilmember
shall not discuss the matter with any other PUBLIC BODY Councilmember until
the matter is finally resolved. The PUBLIC BODY Councilmember who declared
the conflict may return to their seat when that agenda item is completed.
12.9 RULE OF IMPOSSIBILITY (CONFLICT OF THE MAJORITY)
ARS § 38-508 (B) specifically permits a PUBLIC BODY Councilmember(s) to
vote in the event of an apparent conflict as provided for in ARS § 38-503 when
the failure to vote would prevent the PUBLIC BODY Council from taking action.
The PUBLIC BODY Councilmember must disclose the substantial interest in the
public records of the Town prior to voting on that issue.
12.10 IMPROPER USE OF OFFICE FOR PERSONAL GAIN
Pursuant to ARS § 38-504(C), PUBLIC BODY Councilmembers are prohibited
from using or attempting to use their official position to secure valuable things or
benefits for themselves, unless those are part of the compensation they would
normally be entitled to for performing their duties. Pursuant to ARS § 13-2602, it
is a class 4 felony for a PUBLIC BODY Councilmember to solicit, accept, or
agree to accept any benefit upon an understanding that his or her vote, opinion,
judgment, or other official action may thereby be influenced. Pursuant to ARS §
38-444, it is a class 6 felony for a PUBLIC BODY Councilmember to ask to
receive any unauthorized gratuity or reward or promise of a gratuity or reward for
doing an official act.
12.11 SANCTIONS FOR VIOLATIONS
A) Pursuant to ARS § 38-510 (A)(1), a PUBLIC BODY Councilmember
who knowingly or intentionally violates any provision of the conflict of
interest CONFLICT-OF-INTEREST law may be charged with a class 6
felony.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
27
B) Pursuant to ARS § 38-510 (B)(A)(2), a PUBLIC BODY
Councilmember who negligently or recklessly violates the law may be
charged with a class 1 misdemeanor. This means that a person may
be prosecuted for failure to disclose a conflict of interest, even though
that person was not aware of the conflict.
C) Pursuant to ARS § 38-510 (C)(B), upon conviction of a violation of
the conflict of interest CONFLICT-OF-INTEREST laws, a PUBLIC
BODY Councilmember forfeits the public office.
D) Pursuant to ARS § 38-511, as amended, any contract made by the
Town is subject to cancellation if anyone significantly involved in the
contract process on behalf of the Town was or is also employed by or
acted as consultant to any other party to the contract during the time
the contract or extension to the contract is in effect.
E) Any person who is affected by a Town decision made in violation of
the conflict of interest CONFLICT-OF-INTEREST laws, may sue to
have the contract or decision declared null and void. The court may
award costs and attorney’s fees to the prevailing party. Persons
claiming that a PUBLIC BODY Councilmember had a pecuniary
interest in making a decision against them may also file suit in state or
federal court alleging a violation of their civil rights. In this instance, a
PUBLIC BODY Councilmember is thought to have engaged in self-
dealing through the powers of a PUBLIC BODY Councilmember, and
by placing oneself ahead of the welfare of the Town, the PUBLIC
BODY Councilmember lies outside of his/her official capacity.
12.12 NON-STATUTORY CONFLICTS OF INTEREST
Occasionally, a PUBLIC BODY Councilmember may feel that he/she should
ethically refrain from participation in a decision even though the circumstances
may not amount to a conflict of interest under the state law described above. It is
the policy of the PUBLIC BODY Council to encourage PUBLIC BODY
Councilmembers to adhere to strongly held ethical values, which are exercised in
good faith. However, participation is encouraged in the decision making
DECISION MAKING process unless the matter involves the PUBLIC BODY
Councilmembers personal conduct or a conflict of interest set forth by statute.
PUBLIC BODY Councilmembers are expected to weigh these considerations and
follow their conscience.
SECTION 13. CODE OF CONDUCT
13.1 COMPETENT REPRESENTATION
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
28
PUBLIC BODY Councilmembers shall provide competent representation for
Town residents. Competent representation requires the knowledge, skill,
thoroughness and preparation reasonably necessary to make an informed
decision regarding issues coming before the PUBLIC BODY Council which
directly affects the residents that they represent.
13.2 ARIZONA OPEN MEETING LAW
PUBLIC BODY Councilmembers shall meet in accordance with the Arizona Open
Meeting Law and as required by Arizona State law discussing only those issues
noted on the agenda. PUBLIC BODY Councilmembers shall only discuss and
decide issues at a properly noticed public meeting.
13.3 CONFIDENTIALITY
PUBLIC BODY Councilmembers shall maintain confidentiality of matters
discussed in Executive Session and those issued under a ‘confidential’ and
‘attorney-client privilege’ caption by legal counsel. Pursuant to ARS § 38-431.03,
a PUBLIC BODY Councilmember shall not disclose such information except to
the Attorney General or County Attorney pursuant to an official request made in
connection with an authorized audit as provided by law. In accordance with ARS
§ 38-431.07(A), a PUBLIC BODY Councilmember shall neither knowingly aid,
agree to aid, or attempt to aid another person in the unauthorized disclosure of
Executive Session and/or confidential material in any form, which carries a
minimum civil penalty not to exceed $500 per infraction.
13.4 POLITICAL SYSTEM
PUBLIC BODY Councilmembers shall demonstrate respect for the political
system and for those who serve it, including other public officials.
13.5 LEGAL ADVICE
PUBLIC BODY Councilmembers shall seek advice from the Town Attorney OR
THE ATTORNEY’S DESIGNEE at any point that a legal issue arises or where
litigation is alleged.
13.6 RESPECT
PUBLIC BODY Councilmembers shall show respect to all colleagues by acting in
a professional and dignified manner whether in support of the issue or
expressing an adverse point of view.
13.7 COMMUNICATION
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
29
PUBLIC BODY Councilmembers shall communicate openly and honestly with
Town residents so as to instill confidence and trust.
13.8 WEIGHT OF RULES AND LAWS
PUBLIC BODY Councilmembers shall consider the weight of the rules, laws, and
ordinances on the majority of the residents and the long-term effects upon the
Town.
13.9 INFORMATION
All PUBLIC BODY Councilmembers shall be provided equal access to
information, documents, or materials.
13.10 REPRESENTATIVE
A Councilmember may serve as a representative of the Town on boards of
outside agencies or internal boards, commissions and committees as appointed
by vote of the Council. Such appointments are intended for the purpose of
gathering information and sharing viewpoints and Council policy regarding
issues, which will directly affect the Town. Councilmembers shall inform the
entire Council in regard to the information or proposed regulations, which will
affect the Town and share with the agency the majority decision or viewpoint of
the Council.
13.11 AVAILABILITY
PUBLIC BODY Councilmembers shall be available at reasonable times to Town
residents for the conduct of official Town business.
13.12 IMPROVEMENT
PUBLIC BODY Councilmembers shall seek improvement of the laws, rules,
regulations and quality of services rendered and which promote the health,
safety, and welfare of all Town residents.
13.13 RESPONSIBILITY
As an elected public official, a Councilmember has a responsibility to assure that
regulations promulgated by it are in the public interests.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
30
APPENDIX A
CONFLICT OF INTEREST DETERMINATION AND DISCLOSURE
MEMORANDUM
The Legislature has determined that certain economic interests are so remote
that they do not unduly influence a person’s decisions or actions. These “remote
interests” are discussed below. Unless the interest is one of the nine remote
interests described in the following subsection, the interest is substantial and
creates a conflict of interest.
To determine whether a substantial interest exists, a PUBLIC BODY Council
member should ask the following questions:
A) Will the decision affect, either positively or negatively, an interest of
the PUBLIC BODY Council member or a close relative?
B) Is the interest a pecuniary or proprietary interest, i.e. does it affect a
financial or property interest OF THE PUBLIC BODY MEMBER OR
CLOSE RELATIVE?
C) Is the interest other than one of the nine remote interests described
below?
If the answer to each of these questions is yes, then a substantial interest exists
which requires disclosure and disqualification by the PUBLIC BODY Council
member.
Although PUBLIC BODY Council members may not themselves have a
substantial interest in a decision in which they are about to participate, if one of
their close relatives has a substantial interest in the decision, the PUBLIC BODY
Council member must disclose the interest and refrain from participating in the
decision.
Arizona law excludes from the definition of a substantial interest certain
enumerated remote interests. Any interest in a decision or contract not falling
within the following remote interests is a substantial interest requiring withdrawal
from participation:
D) Non-Profit Corporations. If the PUBLIC BODY Councilmember or
their close relative is a non-salaried officer of a nonprofit
corporation, he or she has a remote interest in any decision
affecting that corporation.
E) Landlord/Tenant of a Contracting Party. If a PUBLIC BODY
Councilmember or their close relative is a landlord or tenant of a
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
31
party contracting with the Town, the PUBLIC BODY
Councilmember has a remote interest in a decision regarding the
contract.
F) Attorney of a Contracting Party. If the PUBLIC BODY
Councilmember or their close relative represents a client
contracting with the Town, he/she has a remote interest in a
decision affecting the client’s contract. For example, if the PUBLIC
BODY Council is considering awarding a contract to a contractor,
which is represented by an attorney, who is related to the PUBLIC
BODY Councilmember, that PUBLIC BODY Councilmembers
interest in the awarding of the contract is remote.
G) Nonprofit Cooperative Marketing Associations. If a PUBLIC BODY
Councilmember or their close relative is a member of a nonprofit
cooperative marketing association, he/she has a remote interest in
any decision affecting that association.
H) Insignificant Stock Ownership. If a PUBLIC BODY Councilmember
or their close relative owns less than three percent of the shares of
a corporation for profit, and if the income from those shares does
not exceed five percent of the person’s total annual income, he/she
has a remote interest in any decision affecting that corporation.
I) Reimbursement of Expenses. If a PUBLIC BODY Councilmember
or their close relative is being reimbursed for actual and necessary
expenses incurred in the performance of official duties, he/she has
a remote interest in any decision affecting that reimbursement.
J) Recipient of Public Services Generally Available. If the PUBLIC
BODY Councilmember or their close relative is a recipient of public
services provided by the Town, and if those services are available
to the general public, the PUBLIC BODY Councilmember has a
remote interest in any decision affecting those services.
K) Class Interests. If the PUBLIC BODY Councilmember or their close
relative is a member of a trade, business, profession or other class
of persons, and the interest is no greater than the interest of the
other members of the class, the PUBLIC BODY Councilmember
has a remote interest in any decision affecting the class. For
example, if the PUBLIC BODY Council was considering a decrease
in Bed Tax and a PUBLIC BODY Councilmember’s son owned a
business subject to the tax, the interest is remote because the son
benefits no more or less than other owners of such a business.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
32
L) Interests of Other Agencies. A PUBLIC BODY Councilmember
may participate in a decision that indirectly affects a close relative
who is an officer or employee of another public agency. For
example, the head of the state agency responsible for allocating
funds to local governments could participate in such decisions even
though his/her spouse was an officer or employee of the local
government. If, however, the decision confers some direct
economic benefit or detriment resulting in the termination of a
spouse’s employment by the local government, a conflict of interest
is present.
IN THE EVENT THE PUBLIC BODY MEMBER HAS DETERMINED THEY
HAVE A CONFLICT OF INTEREST, THE PUBLIC BODY MEMBER SHALL
COMPLETE THE FOLLOWING FORM AND SUBMIT IT TO THE TOWN CLERK
PRIOR TO THE MEETING WHERE THE CONFLICT OF INTEREST ITEM IS TO
BE CONSIDERED.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
33
CONFLICT OF INTEREST
DISCLOSURE MEMORANDUM
TO: Michael Standish, Town Clerk
Town of Oro Valley
11,000 N. La Cañada Drive
Oro Valley, AZ 85737-7016
FROM: ___________________________
DATE: ___________________________
RE: Conflict of Interest Disclosure
Pursuant to A.R.S. §§ 38-501 to 38-511
1. Identify the decision, case investigation, or other matter in which you or your relative
may have a “substantial interest” under A.R.S. §§ 38-501 to 38-511.
2. Describe the “substantial interest” referred to above.
Statement of Disqualification
To avoid any possible conflict of interest as defined in A.R.S. §§ 38-501 to 38-511, I will refrain
from participating in any manner as identified above.
_______________ _______________________________________
Date Signature
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
34
APPENDIX “B” – amended
APPOINTMENT PROCESS
OF TOWN OF ORO VALLEY VOLUNTEERS
TO
BOARDS, COMMISSIONS, COMMITTEES
ADVISORY BOARDS AND TASK FORCES
In accordance with Oro Valley Town Code Section 2-4-8, the Mayor and Council
may create any Town Board, Commission, Committee, Advisory Boards, or Task
Force (“Board”), standing or special, as it deems necessary. Therefore, the
process surrounding appointments to a Board should be streamlined in order to
facilitate an efficient and courteous appointment as follows:
Advertising: Post calls for applicants at Town hall, in the local newspaper, on
the Town web page, and other appropriate electronic formats, including Town-
sanctioned social media.
Application: Volunteers must complete an application to be considered for
appointment to a Board, which is submitted to the Town Clerk. If the volunteer is
not selected, the application remains in a database for 2 years, which is reviewed
when any vacancies occur depending upon interest of the volunteer as stated in
the application. Those members wanting to be considered for reappointment
must send a letter to the staff representative indicating their interest in
reappointment and include any information that would supplement their
application which is on file with the Town Clerk.
Interview Committee: Following an interview of volunteer applications, the
interview committee makes a determination, and then forwards their
recommendation for appointment/reappointment to the Board before the Mayor &
Council for determination at a regular Town Council meeting. The Interview
Committee Panel consists of Council Liaison, Board Chair (or Vice-Chair if term
of the Chair is due to expire), and Department Director (or Division Manager)
responsible for staff support to that particular Board.
Notification:
New Volunteer Recommended for Appointment: Prospective appointment is
forwarded a copy of the Council Communication naming those volunteers
recommended for appointment along with a personal letter notifying the
prospective appointee of the Council meeting date at which they shall be
recommended for appointment.
New Volunteer Not Recommended for Appointment: The volunteer not chosen
for appointment is forwarded the Council Communication naming those
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
35
volunteers recommended for appointment along with an explanation that their
volunteer application will be kept on file for 2 years.
Current Volunteer Not Recommended for Reappointment: The volunteer not
recommended for reappointment is forwarded the Council Communication
naming those volunteers recommended for appointment along with notification
from the Council Liaison sitting on the Interview Committee explaining the
decision surrounding the recommendation.
Criteria for Appointment: 1) Availability, and 2) Completion or commitment to
complete OF the Community Academy WITHIN THEIR FIRST FULL TERM.
Criteria for Reappointment: 1) Minimum Performance and Attendance, and 2)
Board training in addition to the completion of the Community Academy within
the volunteer’s FIRST FULL TERM 2-year term.
Terms: Appointments shall be made for 2-year terms (or 3-year terms when
applicable), and the volunteer shall continue service until reappointed or
replaced. Upon successful completion of a term, the volunteer may be
considered for reappointment without a formal interview with the interview
committee panel. If the volunteer does not wish to be considered for
reappointment, the position becomes open to other applicants.
Term Limits: No volunteer shall serve more than 2 consecutive terms, either 2-
year terms (4 consecutive years maximum) or 3-year terms (6 consecutive years
maximum) depending upon the board. Once a volunteer has completed the
maximum number of terms on a board, the volunteer may not be eligible for
appointment to that board for a period of 1 year following the completion of their
second term.
Appointment of a member to complete the remaining portion of an unexpired
term of a former member shall not be counted against the term limits established
by this section for the newly appointed member.
Concurrent Office: No volunteer shall serve on more than one Standing Board
at any time. A standing Board is that Board appointed by the Council for an
unspecified duration and has regularly scheduled meetings.
Town Employee: Town Employees shall not serve on any standing Board.
Attendance: A vacancy shall be deemed to have occurred upon three (3)
consecutive unexcused absences, or as determined by the individual Board rules
and procedures.
Training: All new volunteers and those seeking reappointment shall commit to
the completion of the Community Academy offered by the Town of Oro Valley,
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
36
and are encouraged to seek out additional training opportunities such as
conferences, seminars and workshops relevant to the subject matter or discipline
of their respective Board. The Town shall make every effort to provide the
logistics and payment for any and all training workshops attended by the
volunteer. The Town Clerk shall monitor compliance with volunteer training
requirements.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
37
APPENDIX “C”
CONSIDERATIONS FOR SERVICE ON TOWN OF ORO VALLEY BOARDS,
COMMISSIONS, COMMITTEES AND OTHER VOLUNTEER PUBLIC BODIES
Introduction: Members of Town boards, commissions, committees and other
volunteer public bodies (“appointed public bodies”) are appointed by the Town
Council. Council Members are the constituents of the members of the various
appointed public bodies in that such members have been authorized to act as the
agents of the Council for the limited purposes relating to each such appointed
public body. With the exception of the members of the Board of Adjustment,
these members serve at the pleasure of the Council. Board of Adjustment
members are appointed for two-year terms, and may be removed by Council for
“neglect of duty, inefficiency, or misconduct in office.” OVZCR 21.6.D.
1. The general purpose of the appointed public bodies is to serve the
interests of the Town, as a whole, in accordance with the overall direction
established by the Council. It is expected that appointed members will act
consistently with this general principle. Each appointee is also expected to act
within the scope of his or her authority, and act consistently with the Town
Codes, ordinances, resolutions, policies and procedures and applicable federal
and state law including specifically the Open Meeting Law, Public Records Law
and the laws concerning conflicts of interest and financial disclosure.
2. Certain boards, commissions, committees and other volunteer public
bodies primarily advise the Council concerning general matters of interest to the
community at large. An example of this type of appointed public body is the
Parks and Recreation Advisory Board. Other boards, commissions, committees
and other volunteer public bodies regularly handle contested cases. A
“contested case” is a matter or proceeding before a Town board, commission or
boards, commissions, committees and other volunteer public bodies in which
legal interests, rights, duties or privileges of one or more specific parties are
addressed by a decision or recommendation of that appointed public body. An
example of this is the Planning and Zoning Commission. In certain instances
appointed public bodies are part of the Town proceedings for the establishment
or setting rates and fees. Appointees involved in contested cases or participating
in rate or fee setting proceedings, in particular, are expected to act in careful
regard of their responsibilities and these guidelines.
3. It is expected that an appointee will avoid the appearance of partiality or
unfairness as a decision-maker in any matter before the public body of which he
or she is a member. Among the actions that may assist an appointee in avoiding
the appearance of partiality or unfairness are:
• Treating all public participants with the same degree of politeness and
formality before and during a meeting, including breaks, to avoid the
impression that some participants may expect special treatment.
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
38
• Not meeting with a party or a particular side concerning a “contested case”
outside of the meeting of the public body to avoid the impression that
certain parties have the privilege of special access to promote their
particular interests before the public body. Generally, public meetings are
the proper venue for members of a public body to gather information upon
which to base a decision.
• Waiting until all the facts are presented to the appointed public body
before passing public judgment as an individual member. The official
record upon which a decision or recommendation may appropriately be
based is the record of public proceedings, not simply one’s personal back-
ground knowledge.
• An appointee removing himself or herself from any particular proceeding
of the appointed public body relating to a matter in which the appearance
of impartiality and fairness has been compromised by activities and/or
public statements of the appointee.
4. It is expected that an appointee who disagrees with fellow public officials,
decisions of the Town Council, Town administration, the decisions of his or her
own public body or the decisions of other boards, commissions, committees and
other volunteer public bodies will do so constructively, based on facts, consistent
with applicable law, and avoiding personal attacks, misleading statements or
unsupported accusations.
5. It is expected that an appointee will respect the proceedings of other
appointed public bodies by:
• Addressing members and staff during the meeting through the person who
is chairing the meeting, avoiding the use of first names.
• First identifying whether he or she is appearing as a private citizen or is
appearing officially on behalf of the public body of which he or she is a
member.
• Avoiding lecturing members of a sister board, commission, committee or
other volunteer public body on their responsibilities and authority as
members of that public body.
• Not disrupting the proceedings of another public body by approaching the
dais or staff desk area while the public body is in session, unless invited to
do so by the person chairing the meeting.
• First raising any questions or concerns about the decisions or proceedings
of another public body with staff or the chairperson.
6. It is expected that an appointee will be considerate of the fact that the
elected Council Members are ultimately responsible for setting Town policy and
directing its implementation. An appointee may be opposed to a course of action
or decision by Council, or implementation of the same, and still continue to serve
as a member of his or her public body. In the event, however, that an appointee
wishes to actively and publicly oppose a course of action or decision by Council,
or the implementation of the same, then it is expected that the appointee will
F:\Council\Parl Rules & Procedures ENROLLED Office of the Oro Valley Town Attorney/5.24.2010
39
resign rather than act in public opposition to the administration he or she has
been appointed to serve.
Amended 1/21/04 by Resolution No. (R)04-03
Amended 12/7/05 by Resolution No. (R)05-119
Amended 12/1/10 by Resolution No. (R)10-88
Amended 1/18/12 by Resolution No. (R)12-04
Amended 10/18/17 by Resolution No. (R)17-40
Amended 12/5/18 by Resolution No. (R)18-51