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Home My WebLink AboutPackets - Council Packets (816) AGENDA ORO VALLEY TOWN COUNCIL/HISTORIC PRESERVATION COMMISSION JOINT STUDY SESSION JULY 30, 2008 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE JOINT STUDY SESSION - AT OR AFTER 5:30 p.m. CALL TO ORDER ROLL CALL 1. DISCUSSION OF THE HISTORIC PRESERVATION COMMISSION RULES AND PROCEDURES AND TOWN HISTORIAN ADJOURN JOINT STUDY SESSION - AT OR AFTER 5:30 p.m. STUDY SESSION- Immediately following Joint Study Session CALL TO ORDER ROLL CALL 1. DISCUSSION REGARDING: • AD MINISTRATIVE PROCEDURES AND POLICIES FOR TOWN BOARD AND COMMISSION TERM LIMITS AND APPOINTMENT DATES • TOW N CODE SECTION 2-4-1 REGARDING DESIGNATED START TIME FOR REGULAR COUNCIL SESSIONS • TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS, AND OUTSIDE AGENCIES • SUMMER RECESS OF COUNCIL MEETINGS ADJOURNMENT POSTED: July 23, 2008 4:00 p.m. ejk 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 (520)229-4700. • TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: July 30, 2008 TO: HONORABLE MAYOR AND COUNCIL FROM: Sarah S. More, Planning and Zoning Director SUBJECT: DISCUSSION OF THE HISTORIC PRESERVATION COMMISSION RULES AND PROCEDURES AND TOWN HISTORIAN EXECUTIVE SUMMARY: The Historic Preservation Commission has recommended a new rules and procedures for the Commission. The Town Council requested a joint study session to discuss them as well as the currently vacant Town Historian position on the Commission. BACKGROUND: Rules and Procedures: The Historic Preservation Commission was created by the Mayor and Council by Ordinance (0)04-45 on December 15, 2004. One of the tasks outlined for the Commission in Ordinance (0)04-45 was to develop operating rules and procedures. This task was later incorporated into the Historic Preservation Code, Article 6- p g . 6- 10 of the Oro Valley Town Code, which was adopted on October 4, 2006 by Ordinance (0)06-20. Attached and before the Mayor and Council this evening are the proposed Rules and Meeting Guidelines developed by a committee of the Commission, and approved by the Commission as a whole on October 29, 2007. These Rules and Meeting Guidelines were patterned after other rules and procedures used by the Development Review Board, Planning and Zoning Commission and the Parks and Recreation Advisory Board. There are, however, some significant differences that are outlined as follows: • Instead of including items such as order of business and motion practice within the Rules themselves, the Rules Committee felt that a separate, less formal, document should be created entitled "Meeting Guidelines" that could be generally followed, but need not be strictly adhered to. The guidelines are intended to provided direction to the Commission when and if questions regarding meeting procedure arise, but do not have the same force and effect of the Rules. • The Rules contain a "Preamble" section that describes the purpose of the HPC and outlines why the Commission differs from others at the Town. Specifically, while other Town Boards and Commissions typically hear and review cases at arms length, the Commission would need to be heavily involved with yp y applicants coming before the Commission. • The Rules Committee felt it was important to provide for public comment on any agenda item that may come before the Commission, not simply public hearing items. (Section 2-5) Additionally, the TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: July 30, 2008 Committee felt there needed to be a rule addressing public comment at study sessions to ensure that the public could participate. (Section 2-3(C)) • The Site Tour section of the Rules (Section 2-6) differs from the adopted Council policy regarding site tours in that it treats site tours as study sessions, with the opportunity for discussion by the members amongst themselves and with the applicant. The rule specifically contemplates presentations by an applicant for landmark designation. • The other Board and Commission rules contained sections regarding ex parte contacts with applicants. Given the nature of the Commission as stated in the Preamble, the Rules Committee felt this section needed to be removed so that Commission members felt free to work with applicants to prepare an approvable landmark designation application. Town Historian: The Town Historian position was created on October 15, 2003 by Resolution (R)03-95 which specified the duties and responsibilities of the position. At that same time, James Kriegh was appointed the Town's first Town Historian. Mr. Kriegh held the position until his death in October, 2007. The ordinance establishing the Historic Preservation Commission reserved one of the seven (7) commission member seats for the Town Historian. This was later incorporated into the Historic Preservation Code. Since Mr. Kriegh's death, the position of Town Historian has remained unfilled, which in turn has left a vacancy on the Commission. Several options regarding the Town Historian position have been explored by the Commission and at their October 29, 2007 meeting the Commission unanimously voted to recommend that the Town Historian continue as an ex officio member of the Commission, but as a non-voting member. The Commission would then be comprised of seven (7) Council appointed, voting members and the Town Historian. ATTACHMENTS: 1. Proposed Rules and Meeting Guidelines 2. Resolution(R)03-95, Establishing the position of Town Historian S.rah S. More, Planning and Zoning Director Jerene Watson, Assistant Town Manager 604 alidAevv, David Andrews, Town Manager TOWN OF ORO VALLEY HISTORIC PRESERVATION COMMISSION RULES PREAMBLE The Historic Preservation Commission was created by the Town Council "to promote the educational, cultural and economic welfare of the Town of Oro Valley by ensuring the preservation of historic buildings, districts, landmarks, structures, documents, photographs and other artifacts that represent the historic background and development of the greater Oro Valley area." (Oro Valley Town Code, Section 6-10-1(C)). To that end, these rules are enacted to ensure the orderly conduct of the Commission's business and to provide guidance to the Commission in carrying out its mission. Although one of many volunteer boards and commissions of the Town, the Historic Preservation Commission is unique in that its charge involves the safeguarding of the Town's cultural and historical identity, which may be accomplished only through close cooperation with applicants coming before the commission. Due to the need for such cooperation, the following rules may differ in some respects from other boards and commissions to provide the Commission greater flexibility in accomplishing its goal. 1. ORGANIZATION 1-1 Membership A. A Commissioner's position on the Commission shall be deemed vacant and the Town Council may appoint another person to complete the term if, during the Commissioner's service on the Commission: 1. The Commissioner resigns; 2. The Commissioner dies; 3. The Commissioner is judicially determined to be incompetent; 4. The Commissioner is convicted of a felony; or 5. The Commissioner is no longer an Oro Valley resident. B. If a Commissioner misses three regular or special meetings in any 12-month period, the Commission Secretary shall send a letter to the Commissioner inquiring about the reasons for the absences and the Commissioner's ability to attend future meetings. The Commissioner's response will be distributed to the other Commissioners. If the response received is indicative of a continuation of frequent absences or no response is received within 30 days after the date of the mailing, and after the affirmative vote of five Commissioners at a regular or special meeting, the Commission may recommend to the Town Council that the Commissioner's position be declared vacant and that a new person be appointed to complete the term. Page 1 of 10 C. Upon the affirmative vote of five Commissioners at a regular or special meeting, the Commission may recommend that the Town Council remove, and rescind the appointment of a Commissioner and appoint a new person to complete the term, if the Commission find that: 1. A Commissioner is continually unprepared; 2. A Commissioner is excessively absent from meetings; 3. A Commissioner is habitually in conflicts of interest; 4. A Commissioner shows public disrespect to applicants, citizens, staff, or other Commissioners; or 5. A Commissioner otherwise impairs the quality of the decision-making or diminishes the integrity of the Commission. Such a recommendation shall not be a condition precedent to any action that the Town Council may choose to take concerning a Commissioner's continuance or removal. 1-2 Commission Chair and Vice-Chair A. At its first regular or special meeting in July of each year, the Historic Preservation Commission shall elect a Chair and Vice-Chair from among its members. 1. Election to all offices shall be by public recorded vote. 2. Election to office requires a majority of votes cast. If there are more than two (2) candidates for an office, the candidate receiving the least number of votes in the first vote shall be disqualified for the next vote. If, in such a case, there is a tie for last place, the Chair shall by coin-toss or similar disinterested method, approved by the Commission, select the disqualified candidate. 3. These officers shall serve for a term of one year and until the next annual election is conducted. Any Commissioner serving as Chair or Vice-Chair shall be eligible for re- election. 4. The annual July election may be postponed by act of the Commission. If the election is postponed,the Chair and Vice-Chair shall continue to serve until an election is conducted. 5. In the event of a vacancy in the office of Chair or Vice-Chair, an election shall be held to fill the remainder of the term. 6. The Chair and Vice-Chair should, but need not, be on different appointment expiration schedules to avoid both reaching reappointment or term limits at the same time. 7. At an election, nominations for the office of Chair or Vice-Chair need not be submitted before the meeting, but may be made at the election meeting. If only one Commissioner is nominated for the office of Chair or Vice-Chair, then a motion to elect that nominee unanimously or by acclamation is in order. Commissioners may nominate themselves for office. B. In the absence of the Chair, the Vice-Chair may exercise all powers and duties assigned to the Chair. Page 2 of 10 C. The Chair or Vice-Chair may be removed from office by an affirmative vote of four Commissioners of the Commission at a regular or special meeting. D. In the event that both the Chair and the Vice-Chair are absent or disqualified, the remaining Commissioners shall designate a Special Chair for the duration of the meeting by majority vote of those Commissioners present and voting. The Special Chair shall have all of the duties and authority of the Chair. E. The Chair shall decide all points of order and procedure; but by motion duly made and seconded, any Commissioner may appeal the ruling of the Chair to the Commission as a whole. The motion to appeal is subject to debate and is not amendable. To overrule a procedural decision of the Chair, a majority vote of those Commissioners present and voting is required. F. The Chair shall have the right to vote on all matters before the Commission, to make and second motions in the absence of a motion or second by any other Commissioner, and to participate in the Commission deliberations from the chair. 1-3 Secretary-Town Planning& Zoning Director The Town's Planning and Zoning Director shall be Secretary to the Commission. It shall be the duty of the Secretary, or designee, to send out all notices required by statute, ordinance, or these rules; to perform all the customary duties of the office; to be the custodian of the records of the Commission; to supervise the clerical work and technical preparations necessary to the disposition of business before the Commission; and to perform all other duties required by statute, ordinance,or requested by the Commission. 1-4 Legal Counsel The Town Attorney, or designee, shall provide legal advice to the Commission and for individual Commissioners related to questions encountered in the performance of their duties, such as conflicts of interest and ex parte contacts. The Town Attorney shall also provide clarification and advice to the Chair relative to parliamentary procedures and other matters. 2. COMMISSION MEETINGS 2-1 Regular Meetings Regular monthly meetings of the Historic Preservation Commission shall be held at the Oro Valley Town Hall on the second Monday of each month. Whenever a regular meeting is to be held on the same day as a legal holiday observed by the Town of Oro Valley, that meeting shall be either canceled or rescheduled. Public notice of these meetings shall be given as required by Arizona statute. 2-2 Special Meetings Page 3 of 10 The Commission may hold special meetings at the call of the Chair, which call shall be filed with the Secretary, or as may be scheduled by a majority of the Commissioners at any previous meeting. Not less than 24 hours notice of the meeting shall be given to each Commissioner by direct telephone contact or personal delivery and posted at the Town Hall complex and other locations for the posting of public notices as set forth in the Town's posting procedures. 2-3 Study Sessions A. Study sessions for any purpose may be held at the call of the Chair upon request from staff or other Commissioners,or by scheduling at a regular or special meeting. B. Not less than 24 hours notice of the study session shall be given to each Commissioner by direct telephone contact or personal delivery and posted at the Town Hall complex and other locations for the posting of public notices as set forth in the Town's posting procedures. The notice given and posted shall specify the time and place of the study session and its agenda. C. The Chair shall announce if any Speaker Cards are submitted by the public. The Chair, if there are no objections by the Commissioners, may allow public testimony at the session, or by a majority vote of those Commissioners present and voting, the Commission may allow public testimony. D. No legal action shall be taken at any Study Session. 2-4 Public Meetings and Executive Sessions A. All meetings and hearings of the Commission, except Executive Sessions, shall be public meetings. All persons so desiring shall be permitted to attend the public meetings and hearings, address the Commission as provided in sections 2-5 and 2-10(E)(4) of these Rules, and listen to the deliberations and proceedings. All legal action of the Commission shall occur during a public meeting. Any action calling for a formal vote shall take place only at a public meeting. B. An Executive Session shall mean a gathering of a quorum of the Commissioners from which the public is excluded. Executive sessions will be noticed and held as provided for in Arizona statute. 2-5 Public Comment A. Members of the public who wish to address the Commission on a particular agenda item not scheduled for a public hearing may do so at the discretion of the Chair. B. As agenda items are addressed by the Commission, the Chair shall announce whether any Speaker Cards have been submitted by the public. C. If called, speakers shall approach the podium and state their name and whether they reside in the Town. D. Each speaker may be given at least three (3) minutes to address the Commission on the agenda Page 4 of 10 f I item under consideration. 2-6 Site Tours A. Site Tours shall be treated as study sessions pursuant to Section 2-3. B. Site Tours for Landmark Designation 1. The Commission may conduct site tours of property proposed for landmark designation. 2. The Commission shall obtain the permission of the property owner prior to conducting a site tour. 3. An applicant pursuing landmark designation may present information about the site visited, and may answer questions from Commissioners. In the event such a presentation is made, a description of the presentation, including any questions asked and answers given, shall be entered into the record of the public hearing held to determine designation. C. Site Tours for Historic Districts 1. The Secretary may conduct a site tour of property to be considered for Historic District designation. 2. Historic District site tours may or may not include tours of individual properties and/or buildings subject to permission of the property owner. 2-7 Agenda A. Specific matters may be placed on the agenda by the Chair, by request of a Commissioner communicated to the Chair or the Secretary, or by an affirmative vote of a majority of the Commission at a previous meeting. In addition, the Secretary may place matters on the agenda based upon the schedule of the work plan and/or in response to issues that arise, upon the concurrence of the Chair. B. The Commission Secretary shall prepare the agenda for each regular or special meeting and study session. The agenda shall specify the matters scheduled for Commission consideration and possible action. The Chair shall approve the agenda before its dissemination, distribution, and posting. 2-8 Quorum Requirement Four Commissioners shall constitute a quorum. No action shall be taken at any regular or special meeting in the absence of a quorum, except to adjourn the meeting to a subsequent date. 2-9 General Meeting Procedures A. Point of Personal Privilege Page 5of10 • 1. A Point of Personal Privilege is a communication from a Commissioner to the Chair drawing urgent attention to a need for some personal accommodation, such as an inability to see or hear what is transpiring, a matter of requested convenience, or a right or privilege that has been overlooked and should be recognized. 2. Due to its urgent nature, a Point of Personal Privilege can interrupt a speaker and cannot be debated or amended. No second or vote is required; action is taken by the Chair alone. B. Point of Procedure 1. A Point of Procedure is a question addressed to the Chair by a Commissioner or staff inquiring about the conduct of the meeting or the propriety of a particular action. 2. A Point of Procedure can interrupt a speaker and no second is required. It is not debated or amended;it is resolved by correction or clarification by the Chair. C. Motion to Appeal a Ruling of the Chair 1. This motion appeals the Chair's ruling on questions of procedure to the full Commission. 2. Such a motion cannot interrupt a speaker and a second is required. It is subject to debate and it is not amendable. A majority vote of those Commissioners present and voting is required to overrule the decision. 2-10 Conduct of Hearings and Official Actions A. Public hearings are items on a Commission agenda where evidence and public testimony are taken to assist in the decision of the Commission. They are held for the purpose of considering property for designation as a landmark or Historic District, or for considering the issuance of a Certificate of Appropriateness. B. A Commissioner desiring to speak or pose questions shall first address the Chair, and upon recognition by the Chair, shall confine the statements or questions to the matter under consideration at that time. When so recognized, the Commissioner shall not be interrupted except as provided by these Rules. C. The Commission shall not conduct its hearings according to technical or judicial rules of evidence. Any relevant evidence may be considered so long as it is the kind of evidence that a reasonably responsible person would rely on in the conduct of serious affairs. D. Any persons, at their own expense,may have a meeting recorded by an electronic device or by a stenographic reporter, provided that they consult with the Commission Secretary to arrange for access for such recording prior to commencement of the meeting, and that the recording does not otherwise disrupt the proceedings. E. The Commission shall consider a matter in the following manner: 1. Call: The Secretary shall announce the matter as stated on the posted agenda. 2. Town Staffs Presentation Page 6 of 10 a. The Secretary shall present and summarize the written staff report, analysis, and recommendations. b. The Commissioners may ask Staff questions about any aspect of the application, the staff report, and all relevant facts, circumstances, and conditions affecting the matter. 3. Applicant's Presentation. a. The Chair shall call for the applicant or its agent to make a presentation unless the applicant has requested that the application be considered without the applicant's attendance. b. If the applicant or the applicant's agent makes a presentation, the Commissioners may ask the applicant or the applicant's agent questions about any aspect of the application and all relevant facts, circumstances, and conditions affecting the matter. 4. Public Hearing and Input a. Speakers at a Public Hearing i. If any person wants to address the Commission about the application under consideration, that person must complete and deliver to the Recording Secretary a Speaker Card that will be available at the hearing site. 11. The Chair will call a speaker who has submitted a card when it is that speaker's turn to address the Commission. iii. When the Chair calls a speaker, that person will first state the speaker's name and whether they reside in Town. iv. Unless otherwise permitted by the Chair, a speaker at the public hearing shall have no more than three minutes to make the presentation. The Chair may limit the speakers or their presentations upon a particular issue in order to avoid repetitious or merely cumulative testimony. v. Groups wishing to speak should choose a spokesperson to present the views of the group. vi. Upon the completion of a speaker's presentation, Commissioners may pose questions to the speaker. The applicant, applicant's agent or staff may address the matters raised by the speaker or ask questions of the speaker. vii. After all persons who have submitted a Speaker Card have been heard, and all written submissions have been made,the Chair shall close the public hearing. viii. Once the public hearing has been closed, no further oral or written statement from the public shall be taken unless specifically solicited by the Commission. b. Written Communications from Public. The Secretary shall fix a schedule for the submission of written communications from the public regarding the subject of a public hearing and shall include the schedule in any public notice regarding the hearing. Written communications timely received shall be duplicated and delivered to the Page 7 of 10 Commissioners at least two full working days before the hearing. Where written communications are not timely received or are submitted on the day of or at the Commission meeting, Commissioners may, but need not, review, consider, or comment upon such communications. F. Commission Decision: After the completion of the public hearing, the subject of the hearing shall be open for discussion. At any time thereafter, a Commissioner may make a motion to continue the matter to date specified in the motion (with or without stated requirements), approve or recommend approval (with or without stated conditions), or deny or recommend denial of the application. 1. By majority vote of those Commissioners present and voting, the Commission may defer action on any matter when it concludes that additional time. If continued,the matter shall be carried to a date certain. 2. A motion to approve or deny, or recommend approval or denial, shall include a statement of the proposed findings and conclusions. In the alternative, such a motion may adopt all or some of the proposed findings and conclusions set forth in the Staff report submitted on the application. 3. After a motion has been made, the Commissioners shall then discuss the merits of the motion. The Chair shall allow sufficient discussion and consideration of the issues so that all pertinent points of view are considered. 4. Each Commissioner shall state the reasons for their individual votes, citing to the criteria set forth in Oro Valley Town Code Sections 6-10-7(C), 6-10-8(F) or 6-10-9(2)(3). 5. When the discussion is complete or when a Commissioner calls the question, a vote of the Commissioners present shall be taken. The affirmative vote of a majority of the Commissioners present and voting shall be required for passage of a motion. 6. Each Commissioner has the responsibility to cast a vote on motions pending before the Commission. Commissioners should make their best effort to weigh the information presented at the public hearing and make a determination as to their vote. Commissioners should avoid abstaining from any vote. 7. The minutes of the meeting shall reflect the "ayes" and "nays" cast on a particular matter, the rationale for each vote, and the names of those Commissioners who vote in the majority and minority. Those minutes shall also contain any statement of a Commissioner about the Commissioner's vote. 8. Reconsideration of a Commission action may be initiated by a Commissioner, based on information not available to the Commission at the time the matter was initially decided. Such a motion shall be filed with the Secretary and then placed upon the agenda for the next meeting of the Commission. If there is no second to the reconsideration motion, the motion fails. If there is a second and an affirmative vote of those Commissioners present and voting, the Commission shall continue the reconsideration of the original matter to a specific date in consistent with the requirements for adequate public notice for the hearing. Page 8 of 10 G. Transmittal of Recommendation to the Planning and Zoning Commission and the Town Council. Whenever the Commission makes a recommendation to the Planning and Zoning Commission and/or the Town Council, the Secretary shall transmit in writing the Commission's recommendation. That written transmittal shall consist of: 1. A plain statement setting forth the Commission's recommendation as stated in the main motion that the Commission passed; 2. The findings that the Historic Preservation Ordinance (Article 6-10, Oro Valley Town Code)requires; 3. The portion of the Commission's Minutes where the application was considered; 4. The report that the Town staff presented to the Commission; and 5. A copy of the original application. 2-11 Commissioner Conflict of Interest A. Each Commissioner has a responsibility to comply with the conflict-of-interest provision of Arizona law as set forth in Arizona statutes. Any Commissioner who may have a conflict should discuss the matter with the Town Attorney,prior to the hearing if possible. B. Upon determining that an impermissible conflict does exist, the Commissioner shall declare the conflict by completing the Conflict of Interest Disclosure Memorandum available from the Town Clerk and shall submit that memorandum to the Town Clerk with a copy provided to the Chair. C. If an impermissible conflict arises, the Commissioner shall not discuss, advocate, influence, or otherwise take part in the Commission's actions on the matter, either in public or private. Whenever a matter comes before the Commission and a Commissioner has an impermissible conflict, the Commissioner shall leave the meeting room and refrain from taking part in the hearing, discussion, or determination of the matter. When the remaining Commissioners resolve the matter, the Commissioner may return and resume participation in the business of the meeting. But if the matter is not resolved at that meeting, the Commissioner shall not discuss the matter with any other Commissioner until the matter is finally resolved. 3. AMENDMENT PROCEDURE Amendments to these rules may be made by the Commission at any time and must be approved by the Town Council. Amendments shall become effective at the next regular meeting of the Commission after approval by the Town Council. Page 9 of 10 1 Approved by the Historic Preservation Commission this 29th day of October, 2007 Robert Baughman, Chair Approved by the Mayor and Council this day of , 20 Paul H. Loomis, Mayor Page 10 of 10 TOWN OF ORO VALLEY HISTORIC PRESERVATION COMMISSION MEETING GUIDELINES I. Order of Business The regular order of business at a regular or special meeting is as follows: A. Call to Order The Chair shall call the meeting to order no earlier than, and reasonably soon after,the time stated in the public notice of the meeting. B. Roll Call The Recording Secretary shall call the roll of Commissioners, record the Commissioners present and absent, and announce whether a quorum of Commissioners is present. 1. Once a quorum is established and as long as the quorum remains, the meeting can continue to transact business until adjournment. 2. At any time after a quorum is established, the Chair may change the order of the posted agenda in order to accommodate the Commission, the staff, members of the public, or applicants. The Commission, by majority vote of the Commissioners present and voting, may also amend the order of the posted agenda. C. Call to the Audience This open call to the public allows members of the public to address the Commission on matters not otherwise listed on the meeting's agenda. 1. All remarks of the public are addressed to the Commission as a whole and not to any specific Commissioner. 2. Unless otherwise changed by the Chair or majority vote of the Commissioners, each speaker is permitted to speak for three minutes. 3. The Commission shall not deliberate or take any legal action on new matters raised during an open call to the public that are not on the meeting's posted agenda. 4. At the conclusion of the open call,individual Commissioners may: a. Respond to criticism made by those who have addressed the Commission; b. Request that staff review a matter raised; or c. Request that a matter be placed on a future agenda for discussion or action. D. Approval of Minutes 1 • 1. The minutes of prior meetings will be distributed to the Commissioners for review prior to a meeting. 2. At the meeting, the Chair shall inquire whether there are any corrections. If none the Chair may announce that the minutes as distributed stand approved, or may call for a motion to approve the minutes. 3. Meeting minutes may be corrected as to form upon request of a Commissioner. Corrections to the minutes relating to form may be approved by the Chair. 4. Requests for approval of substantive corrections to the minutes shall be continued and referred to the Recording Secretary for review of the audio recording. Challenged minutes will be prepared and submitted for review by the Commission at the next Regular Meeting. E. Adjournment. Upon completion of the meeting's agenda, or for other good cause,the Chair may declare the meeting adjourned. II. Motion Practice A. Main Motions propose an action on a substantive matter that the Commission is considering. Only one main motion may be considered at a time. B. Disposition motions are subordinate to, but affect or dispose of, main motions; because disposition motions affect main motions, they have precedence over main motions and can be raised while main motions are pending. 1. Motion to Recess a. This motion requests an interruption in the meeting. b. The motion cannot interrupt a speaker and a second is required. It is debatable and can be amended. A majority vote by those Commissioners present and voting is required for approval. c. The Chair may, without a vote, declare a recess lasting no longer than one (1)hour, after which time the meeting will reconvene. 2. Withdrawal of a Motion a. This action is a communication to the Chair from the Commissioner who made the pending motion that he or she withdraws the proposal, which is the moving Commissioner's privilege. b. It does not require a second, and is not subject to debate, amendment, or vote. c. The Chair simply states that the motion is withdrawn and proceeds to the next matter. 3. Motion to Continue(Postpone) a. This motion arises from a need for further information, a matter of convenience, or for any other reason that will enable the Commission to deal more effectively with the matter at a later time. 2 t I b. The motion cannot interrupt a speaker and requires a second. It is debatable and is amendable. A majority vote of those Commissioners present and voting is required for approval. c. Unless a Commissioner objects, the Chair may continue an item until a future agenda. If an objection is raised, the Chair shall either make a motion or ask for a motion to continue which will require a second and majority vote of those Commissioners present and voting for approval. 4. Motion to Amend a. This motion proposes a change in the wording of a motion currently under consideration. b. This motion cannot interrupt a speaker and requires a second. It is debatable and amendable. A majority vote of those Commissioners present and voting is required for approval. c. Amendments are considered in the reverse order of the sequence in which they were proposed. When a motion to amend is pending and another amendment to the amendment is proposed, the Chair shall focus the discussion on the latest amendment, resolve it, and then proceed to the prior amendments and then the main motion. 5. Motion to Close Discussion a. This motion is the same as a motion to "move a question" or to "call the previous question." b. The motion cannot interrupt a speaker and a second is required. It is subject to debate and is not amendable. c. A majority vote of the Commissioners present and voting is required for approval. Approved by the Historic Preservation Commission this 29th day of October, 2007 Robert Baughman, Chair Approved by the Mayor and Council this day of , 20 Paul H. Loomis,Mayor 3 RESOLUTION NO. (R) 03 - 95- A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA ESTABLISHING THE POSITION OF TOWN HISTORIAN AND PROVIDING THE RESPONSIBILITIES AND DUTIES ASSOCIATED THEREWITH. WHEREAS, the Town of Oro Valley desires to ensure that its history is accurately maintained and preserved, and WHEREAS, the Mayor and Town Council have the authority to establish the position of Town Historian under ARS § 9-239(A); and WHEREAS, the creation of the position of Town Historian will serve to accurately maintain and preserve the Town's history; and WHEREAS, it is in the best interest of the Town to establish the position of Town Historian to accurately maintain and preserve its history. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the position of Town Historian is hereby established to accurately maintain and preserve the Town's history. The Town Historian shall: 1) serve at the pleasure of the Mayor and Town Council; 2) serve without compensation,however, he/she may be reimbursed for actual expenses incurred in connection with his/her duties upon authorization by the Mayor and Town Council; and 3) not have authority to bind the Town to any agreements with public or private organizations. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,this 15Th day of OCTOBER ,2003. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: iC9. &dee,t; thKaE. Cuvelier, Town Clerk APPROVED AS TO,FORM: r' 411*raiief...doliaro ...... Mar - ftgi" o A'orney TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: 07/30/08 TO: HONORABLE MAYOR AND COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: DISCUSSION OF ADMINISTRATIVE PROCEDURES AND POLICIES FOR TOWN BOARD AND COMMISSION TERM LIMITS AND APPOINTMENT DATES; AND TOWN CODE SECTION 2-4-1 REGARDING DESIGNATED START TIME FOR REGULAR COUNCIL SESSIONS SUMMARY: At the June 4, 2008 Council Meeting several future agenda items were discussed including, changing the start time of regular Council Meetings from 7:00 p.m. to 6:00 p.m. and term limits for Board and Commission members. Attached is a memo from the Town Manager to the Council dated June 12, 2007 that provided some preliminary information regarding these items. In addition, an informal survey was conducted of jurisdictions in Arizona to determine their Board and Commission member term limits. The results of that informal study are attached for Council discussion. With respect to the length of terms, members of the Board of Adjustment, Finance and Bond Committee, Development Review Board, Parks and Recreation Advisory Board, Planning & Zoning Commission and Storm Water Utility Commission serve two-year terms. Members of the Historic Preservation Commission, Municipal Property Corporation, and Water Utility Commission serve three-year terms. In addition, all Board and Commission members are limited to two terms of service per their adopted Rules and Procedures and the Oro Valley Town Code, with the exception of the Board of Adjustment which is allowed no more than three consecutive terms. The Oro Valley Zoning Code Revised also states, contrary to the Oro Valley Town Code and the adopted Rules and Procedures that there are no term limits for Board of Adjustment members. A current list of Board and Commission members and their terms are attached. ATTACHMENTS: 1. Memo dated June 12,2007 from David Andrews to the Town Council 2. Board and Commission Term Limits Survey results 3. Current Board and Commission members and terms for Town of Oro Valley 4. Town Code & Zoning Code - Excerpt regarding Board of Adjustment 5. Appendices C & D from the Town Council Parliamentary Rules & Procedures regarding Volunteer Appointment Process and Term Limits dre-4...-acz n Cuve *e , Town Clerk David Andrews, Town Manager OPoLEY 'i�O O� . f ► . I► A °UNDED.\g Office of the Town Manager Oro Valley Administration Building 11000 N. La Canada Drive, 85737-7016 (520) 229-4700 FAX (520)229-4724 DAVID ANDREWS Town Manager MEMORANDUM TO: The Honorable Mayor and Town Council FROM: David Andrews, Town Manager DATE: June 12, 2008 SUBJ: Follow-up to the June 4, 2008 Council Meeting At the June 4, 2008 Council Meeting several future agenda items were discussed including, changing the time of the regular Council Meetings and terms limits for Board and Commission members. These issues will be discussed in further detail at the Council Retreat and/or future study sessions. In the interim, I wanted to provide each of you with some preliminary information regarding these items. In terms of changing the start time of regular Council Meetings, Article 2-4 of the Town Code entitled "Council Procedure" (attached) states that regular meetings will be held on the first and third Wednesday of each month at 7 p.m. Should the Council want to move forward with changing the time, a public hearing would need to be scheduled and an amendment to the code would need to be adopted by the Council. A change to the start time of Council meetings would also have implications on the Town Council Policy regarding food at meetings. As can be seen in the attached Town Council policy, food for meetings held between 5 p.m. and 7 p.m. is authorized. Should the Council choose to move regular Council meetings to an earlier time, the Clerk's Office would be responsible for providing a meal weekly instead of bi-weekly meal for study sessions and the occasional executive session. The Council may opt to amend the Town Council policy to state that food need not be provided for regular Council meetings. In regard to term limits for Board and Commission members, I have attached the minutes of the Government Review Task Force meeting dated October 23, 2000. The minutes specifically speak to Board and Commission term limits and are provided as background p Y p information. Staff is currently surveying other cities and towns in Arizona to determine their Board and Commission term limits and their pros and cons, we will bring the results of that research forward as soon as it is complete. IfY ou have any questions or comments, please feel free to contact me. ATTACHMENTS: 1. Article 2-4 of the Oro Valley Town Code"Council Procedures" 2. Town Council Policy 7 "Food Policy for Town Meetings" 3. Town of Oro Valley Government Review Task Force Meeting Minutes, October 23, 2000 Leiva) ashAm.-- David Andrews, Town Manager C: Jerene Watson, Assistant Town Manager • Oro Valley Town Code Article 2-4 COUNCIL PROCEDURE Sections: 2-4-1 Regular Meetings 2-4-2 Special Meetings 2-4-3 Meetings to Be Public 2-4-4 Quorum 2-4-5 Agenda 2-4-6 Consent Agenda 2-4-7 Order of Business; Proceedings of the Council 2-4-8 Committees and Commissions 2-4-9 Voting 2-4-10 Suspension of Rules Section 2-4-1 Regular Meetings The council shall hold re•ular meetings on the first and third Wednesda of each month a even .m. When deemed appropriate any regular meeting sate o e counci may be changed by the mayor or by a majority of the council except that at least one regular meeting a month must be held and that such notice of the rescheduled meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular meetings shall be held at the town hall or at such place as may be prescribed by the mayor. Section 2-4-2 Special Meetings The Mayor or any two (2) Council Members may convene the Council for the purpose of holding a Special Meeting any time after giving at least 24 hours notice of such meeting. All notices pertaining to Special Meetings shall include the date, place,hours, and purpose of such Special Meeting in accordance with State law. In the case of an actual emergency, any Council Member may convene the council upon such notice as is appropriate to the circumstances in accordance with State law. (01-24,Amended, 10/17/2001;92-15,Amended,08/19/1992) Section 2-4-3 Meetings to Be Public Allp roceedings of the council shall be open to the public, except that upon approval by a majority vote of the council, the council may meet in a closed executive session pursuant to the provisions of state law.Notice of meetings shall be given in a manner consistent with state statutes. Section 2-4-4 Quorum A majority of the council shall constitute a quorum for transacting business,but a lesser number may adjourn from time to time and compel the attendance of absent members. Section 2-4-5 Agenda Prior to each council meeting, or on or before a time fixed by the council for preparation and distribution of an agenda, whichever is earlier, the clerk shall collect all written reports, communications, Page 9 of 13 Epiicyjni. TOWN COUNCIL POLICY Date Of Adoption: 08/19/98 Date of Revision REAFFIRMED: 05/04/05 TITLE: FOOD POLICY FOR TOWN MEETINGS Page 1 of 2 I• Purpose and Need for Policy this olio to determine when Town Officials are The purpose ofpolicy at town expense for town meetings that qualify authorized to order food P for postingin a .ance wit t e •:- - 4.4 eeting Law. U. Polic the Town Council of Oro Valle ilia' ood for town is the policy of mee . • • .I •e authorized for o• cialtown o �c�asat �u. �c _ meetithat are held at • Town Hall by the Town Counci sr members of y adv •+ e • es. a • committees/task forces of th= Town Councils as follows. Meetings between 7:00 am and 9:00 am Meetin•s between 11:00 am and 1:00 .m Meetings between 5:00 pm and 7:00 pm The amount per person for each meal authorized above shall ',now the . r diem limits established by the Arizona State Governme . Exception he above policyshall be those meeti :- at continue throughout the bu • _ •a as determi M -• % • ose responsible for accomplishingthis policyas outlined in Section IV below. III. Procedure to Accomplish Policy The procedure to accomplish thispolicy will involve the public official . accomplishing this policy to work with the appropriate responsible for P g ' 'a of this support staff member to determine which meetings meet the criteria policy. Page 2 of 2 Accomplish Responsibility to A plish Polic Y For Town Council meetings, it is the responsibility of the Agenda Committee to accomplish this policy. For Town Advisory B oard/Commissions/Committees/Task Forces, it is the responsibility of the Chair person for that particular group to p �' accomplish this policy. APPROVED BY A MAJORITY OF THE TOWN COUNCIL: Mayor DATE: t e a • TOWN OF ORO VALLEY GOVERNMENT REVIEW TASK FORCE MEETING MINUTES OCTOBER 23, 2000 • The ninth Government Review Task Force meeting was called to order by Chairman Loomis at 4:34 p.m. • ATTENDANCE: • Chairman Paul Loomis • Kathi Cuvelier • Vice-Chairman Jim Kriegh • Dan Dudley (arrived at 5:09 p.m.) • Susan Baczkiewicz • Don Dvorak (excused at 5:00 p.m.) • Richard Feinberg • Larry Holden • Marilyn Cook (absent) • APPROVAL OF MINUTES. Don Dvorak motioned for approval of the October 9, 2000 Regular meeting minutes with a minor typographical correction. Seconded by Richard Feinberg. Motion carried 4-0. • APPOINTMENT TO BOARDS/COMMISSIONS. Chairman Loomis opened the discussion with an introduction of Council Member Dick Johnson, and explained that Council Member Werner Wolff and Vice-Mayor Fran LaSala will also present their opinions on the subject of appointments to Boards/Commissions. • • . -..•- •.. •. . - —. -d his o•inions as follows: 1) REQUIREMENTS - there should be a reasonable residency requirement for anyone to serve on a Board/Commission, which may be 1Y ear. Also, it should be mandatory to have a member complete the Citizens Planning Institute prior to serving on the P/Z Commission or DRB. 2) REPRESENTATION - there should be a broad brush of representation including gender, expertise, and `geography because deliberations require diversity for sound expert decisions. 3) DURATION - task forces or special advisory boards should have a limited existence in order to encourage a sense of urgency for the task at hand, and may be granted a continued term by the Council if necessary. 4) TERM - a term of office should be a 4-year, staggered term, unless the individual is not performing well. 5) CHAIRMAN - the Chairman should be selected from among the membership, and a `rotating' Chairman may not be a good idea since running a meeting effectively is an art form. 6) ROLE - the Board/Commission should have a well-defined function. F:\Susan\Govt Task Force\Minutes 102300 1 7) EVALUATION - an evaluation or review of a member's performance should be necessary and it should be the responsibility of the Chairman of the Board to inform the member at 3 months of any lacking areas of performance (prepared for meetings, knowledge of subject, etc). If such behavior is not corrected, the Council Liaison should inform the member that termination might be a consideration. Notification of a member's termination should be in writing and sent by mail. The Council Liaison should not be involved in the evaluation process since it is his role to only relay how the Board/Commission is functioning to the Council. 8) SELECTION — advertising for a position is appropriate and the selection committee should be made up of the Chairman of the Board, the affected Department Head, and a Board or staff member, along with an individual in/retired from the profession, and a representative from a similar Board/Commission from a surrounding municipality. The Council Liaison and Mayor should be excluded from the selection committee, and the selection should be made from a condensed list of interested parties to limit the number of interviews. 9) CONFLICTS - the appearance of a conflict of interest of an interested party may be noticed at the application/interview process, which would be a deciding factor in selection. • Counci Me i•- W• •resented his o•inions as follows: 1) REQUIREMENTS — there should be specific parameters in order to serve on a Board/Commission, such as a certain timeframe for residency which should clue the member in on the `flavor' of the Town. 2) SELECTION — the selection committee should include the Chairman of the Board, the affected Department Head, and 2 Council Members, however, the Council Members should not serve on the Board/ Commission. 3) TERMS — the term of office should be a 2-year term (maximum of 4 years served), and an automatic extension may be considered after the first 2-year term provided the member's evaluations have been good. 4) EVALUATION — an evaluation of a member's performance should be conducted every 6 months by the Chairman of the Board, the Vice- Chairman, and the Council Liaison. The member should be informed at 6 months, and if any ill behavior has not been corrected then the Council Liaison should provide notice that a replacement will be sought. A citizen questionnaire to aid in evaluation of a member may not be fair due to the infrequent attendance of most citizens at such Board/Commission meetings, however, citizens are not prohibited from sending a letter to the Mayor to inform him of a member who may not be appropriate on a certain Board/Commission. F:\Susan\Govt Task Force\Minutes 102300 2 Fran LaSala presented his opinions and noted that the current • Vice-Mayor procedures have the appearance of fairness, but are indeed unfair. 1) SELECTION - advertisingfor a position is appropriate and selection of a member should be made by a Council Member who may either personally an recruit applicant or interview from a pool of applications. pp This individual selected would then be the direct responsibility of the Council Member. The Vice-Mayor is of the mindset that if the Town has elected a responsible Council Member, then their Board/ Commission appointee will also be responsible. If the Board/ Commission has 7 members, then the Town Manager could recruit/interview 1 member and the Mayor could recruit/interview 2 members. All appointments then would go before Council for final approval. 2) TERM — the term of office would be consistent with the term of the office of the Council Member. 3) REQUIREMENTS — it should be mandatory to have a member complete the Citizens Planning Institute prior to serving on the P/Z Commission or DRB. Also, residency should not be necessary if, for example, a retired Fire Chief from IL wants to be considered for the Fire Advisory Board. 4) EVALUATION — evaluation of a member should be conducted by the responsible Council Member. 5) ROLE — the Human Resources department should not be responsible for creating specificjob descriptions of the various Boards/Commission because the volunteers on these Boards should not be treated as if 'employees.'e have `job' nor should they be treated as It may be they a 'job' more appropriate for the affected Department Head to write a description of the Board/Commission's role. • Chairman Loomis opened the discussion to Bill Adler, a member of the public in attendance, of which his opinion is that the prospective member must demonstrate a local track record of interest in the Board/ Commission. Mr. Adler is a member of the BOA and CVAP, and was a former member of the DRB and P&Z Commission. • Chairman Loomis opened the discussion to Henry Suozzi, a member of the public in attendance, to present his opinion on the subject of appointments to Boards/Commissions. Mr. Suozzi believes the Town needs to have clear objectives regarding 1) recruitment of volunteers; 2) selection of volunteers; 3) placement of volunteers in the appropriate Board/Commission; 4) retention of the volunteer in a satisfactory position; and 5) directing the selection committee to address poor service and/or inactivity. Mr. Suozzi is a member of the e BOA and the Library Committee,y and also known as the Town `historian., 1) EVALUATION — evaluation of members is important, especially if a member wants to be considered for re-appointment. There should be aryrobationa period where the member is directed in the areas that p may need improvement. F:\Susan\Govt Task Force\Minutes 102300 3 • 2) TERM - the term of office should be a 2-year term (maximum of 4 years served), and an automatic extension may be considered after the first 2-year term provided the member's evaluations have been good. 3) REQUIREMENTS — there should be a residency requirement for anyone to serve on a Board/Commission of 1+ years. Also, it should be mandatory to have a member complete the Citizens Planning Institute prior to serving on the P/Z Commission or DRB. • DISTRICTING • Chairman Loomis stated that the GTF should present a report to the Mayor and Council in the form of a Council Communication. It should include the PROs/CONs matrix and a description of the new laws concerning Districting, along with the recommendation that Districting should not be considered at this time but rather table the Districting concept for Oro Valley at a later date. A draft Council Communication shall be considered at the next regularly scheduled meeting, November 13, 2000, which would allow this action to be brought before the Council by December 6, 2000. • Chairman Loomis opened the discussion to Bill Adler, a member of the public in attendance, to present his opinion on the subject of districting of which is that because the Town residents show differences in opinions, then perhaps a distinction by geographical areas would be essential to have all of the varied interests heard. • COUNCIL MEMBERSHIP. • Chairman Loomis opened this item for discussion in reference to the type of report to be brought before Council, which should include the PROs/CONs matrix and a legislative history concerning the increase of Council Membership from five (5) to seven (7) members. Richard Feinberg thought that the GTF was a fair representation of the Town and was confident that the GTF could prepare a report for the Council to review before making a decision concerning increased Council membership. • Town Attorney Dan Dudley advised the GTF that the Town could not return to a 5-Member Council if the decision was made to go to a 7- Member Council and found that it was not suitable for the Town, because there is no process in place to allow the Town to return to a 5-Member Council once elected to a 7-Member Council. • NEW BUSINESS. The term of the GTF has been extended for six (6) months ending April 30, 2001. • NEXT MEETING. Chairman Loomis declared a Special Meeting for theCouncil Moeda i b er��0 �2� gii! �� .. .. .. .:, to discussC o n c� Policies/Procedures in light of the format used by the City of Goodyear. Our next regularly scheduled meeting will be Monday, November........... :.�:E:..... : :. 3at i The upcoming agenda for the regular GTF meeting will cover the following: F:\Susan\Govt Task Force\Minutes 102300 4 r • Approval of Minutes • Review of the report to be presented to the Mayor and Council concerning Districting • Review of the report to be presented to the Mayor and Council concerning increased Council membership from 5-Members to 7-Members. • New Business • Discussion of Next Meeting/Agenda • ADJOURNMENT. Larry Holden moved to adjourn at 7:16 p.m. Richard Feinberg seconded the Motion. Motioned carried 3-0. RESPECTFULLY SUBMITTED, TOWN OF ORO VALLEY S an I. Baczkiewi Civil Paralegal F:\Susan\Govt Task Force\Minutes 102300 5 ,fir— City/Town Term Limits Length of Terms of Calendar or Terms Bd/Comm FY or other Apache No 3 years Unlimited October Junction Avondale Yes 3 years 2 consecutive Calendar terms Benson No Unlimited Fiscal Bullhead City No 4 years Unlimited Monthly Ann. Date Camp Verde No 3 years Unlimited October Chino Valley No 2 - 4 yrs Unlimited depending upon Board Flagstaff Yes 3 years 2 full terms, Monthly Ann. plus a partial date term Florence No Unlimited Fountain Hills No 2 - 3 yrs Unlimited Calendar depending upon Board Goodyear No 3 years Unlimited Some October P & Z January Lake Havasu Yes 3 years 2 consecutive Fiscal (Depending terms (no upon Board) longer than 7 years total) Litchfield Park No 3 years Unlimited September Marana Yes 2 years 3 terms Monthly Ann. date Mesa Yes 3 years 2 consecutive Fiscal Oro Valley Yes 2 - 3 yrs 2 consecutive Fiscal depending upon terms Board Paradise Valley No 3 years Unlimited October Phoenix Yes (Depends 2, 3 or 5 years 2 consecutive Monthly Ann. upon Board) depending upon terms, some up date Board to 4 terms Prescott No 3 - 4 years Unlimited Monthly Ann. date Queen Creek No 3 years Unlimited August Scottsdale Yes 3 years 1 term Appointed as needed Sierra Vista Yes 2 years 3 consecutive Monthly Ann. date Tempe Yes 3 years 2 consecutive Calendar Wickenburg Yes 2 years 1 term-sit out 1 Year - Calendar 3 E c 8 r coLU EE 8 >o ° o c aEE () OO ° N E L E UN r E lz: Eft s � 1. �• 1• CrEmE iiifl c � 8 �c � m 8 � i)ID E m 6. o , a = 0 )0 C 0 (NCO 45 . 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Z N C C (U Z -J C W >. �' o a� o a 2 a� Q L a� ., 5 a� ai m i) (i) c0 Z ( 0 O c. Z o F- Q c ? ? p J o 0: o 1, 0 a) a. O Q OCT) 0 '17'5 O 0 c > Z Q 6- 4UU rn= Tr c• a .W (V aC V C 2 C 2 - W a a WQo, c��a c�a -,(11) o L 0o r a� a`; D 0 4. o — 0 O 0 cn �U Y CD 2 cn (n Q ►- a O (n Y -, F- D 0 Article 3-5 PLANNING AND ZONIIQ Page 2 of 2 meet with the board on a regular basis in order to offer advice and technical assistance but shall not vote. (95-78, Amended, 09/27/1995) 3-5-5 Board of Adjustment A. The Town of Oro Valley Board of Adjustment shall consist of five members. Members shall serve two year terms. Members must be Oro Valley residents. Members will be appointed to the Board of Adjustment by the Town Council as per the adopted policy for "Appointments to Boards, Commissions and Advisory Bodies of the Town." (01-22, Amended, 08/01/2001) Compile chapter • ;+xc.Rmz�aoxMzurersns, <.F:r<w.aw;ac«,c.;.rx. s.x.^.;a»t:«>xeea;raxs,.. { TOC < > .tmw+v.^tivra a...a`;nw,aw•:a 4r.;a:•.v.wu:.x;oaa:R;u wF'`isu•i aok!oiinaaa.,<;.icriao: d1 Seah 7.00(7008)http://www.codepublishing.com/dtSearch/dtisapi6.d11?cmd=getdoc&DocId=25&Index=D%3a%5cP... 7/9/2008 CHAPTER 21 REVIEW AND DECISION-MAKING BODIES Page 5 of 9 Commission and Board actions. When functioning as Executive Secretary of the Planning and Zoning Commission or the Development Review Board before the Town Council, the Planning and Zoning Administrator shall represent the Planning and Zoning Commission and Development Review Board actions to the Town Council. The Planning and Zoning Administrator performs such other functions as may be necessary in the administration of the department or as provided by the Town Council and Town Manager. Section 21.5 Development Review Board A. Scope The Development Review Board is intended to promote harmonious, safe, attractive, and compatible development and is, therefore, considered to be in furtherance of health, safety, and general welfare. The Development Review Board shall recognize the interdependence of land values, aesthetics, and good site planning necessary to protect the distinctive character and natural resources of the Town of Oro Valley. B. Powers and Duties 1. The Development Review Board may review all aspects of a proposed development. 2. The Development Review Board shall review subdivision plats and development plans in accordance with Chapter 26, including site planning and the relationship of the development to the surrounding environment and the community. The Development Review Board shall review all proposed architecture, landscape plans, and grading plans. C. Transaction of Business 1. The Development Review Board shall conduct its business in accordance with applicable Town regulations and its rules and procedures as adopted by the Town Council. 2. The Administrator of the Planning and Zoning Department shall be the Executive Secretary of the Development Review Board. 3. The Development Review Board Chair, or his/her designee, has the right to appear before the Town Council on items of interest to the Development Review Board. D. Effect of Decisions All Development Review Board recommendations, final actions, and findings of decisions shall be transmitted to the Town Council regardless of vote. Section 21.6 Board of Adjustment A. Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S., Section 9-462.06. B. Powers and Duties 1. Interpretation The Board of Adjustment shall interpret this Code on appeal when: a. There is a dispute between the appellant and the Planning and Zoning Administrator or other Town Official as to a decision or interpretation as set forth in Section 21_.6.F; or b. The location of a zoning district is in doubt. http://www.codepublishing.com/dtSearchldtisapi6.dll?cmd=getdoc&DocId=37&Index=D%3a%5cP... 7/9/2008 CHAPTER 21 REVIEW AND DECISION-MAKING BODIES Page 6 of 9 2. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Section 21.6.1, Findings. C. Meetings, Administration of Oaths, and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona. D. Composition 1. Appointment The Board of Adjustment shall be composed of 5 members appointed by the Town Council. 2. Terms Appointments are for staggered terms of 2 years each with no limit on the number of terms. 3. Vacancies Vacancies shall be filled for the un-expired portion of that term within a reasonable time period as provided for by appointments of the Town Council. 4. Removal The Town Council has the authority to remove, by majority vote, any member for neglect of duty, inefficiency, or misconduct in office. E. Transaction of Business 1. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. 2. The Town Clerk, or an appointed representative from the Town Clerk's office, shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. F. Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, board, or bureau of the municipality affected by a decision of an administrative official, within 30 days, by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. 1. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that, by reason of the fact stated in the certificate, the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. 2. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance. htt ://www.code ublishing.com/dtSearch/dtisapi6.dll?cmd=getdoc&DocId=37&Index=D%3a%5cP... 7/9/2008 p p APPENDIX "C" APPOINTMENT PROCESS IN RELATION TO TERM LIMITS OF TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS, COMMISSIONS, COMMITTEES, ADVISORY BOARD 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, or Task Force ("Board"), standing or special, as it deems necessary. Therefore, Appendix "B" was appended to the town Council Parliamentary Rules and Code of Conduct to clarify the appointment policy and Appendix "C" is appended to further clarify or delineate term limits for all current Board volunteers. In relation to "term limits," appointments shall be made for two-year terms, and a volunteer may continue service until reappointed or replaced, and no volunteer may serve more than two consecutive two-year terms (four consecutive years maximum). 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 one year following completion of their current term. Scenario 1: If a current Board volunteer was initially appointed to a Board, and has already served on that Board for more than four consecutive years, the Board volunteer will have already served the maximum number of years on that Board. The volunteer's term limit will expire at the conclusion of their current appointed term. Scenario 2: If a current Board volunteer is serving a two-year term on a Board, the volunteer may apply for reappointment and may expect to serve another two years with that Board for up to four consecutive years. Scenario 3: If a current board volunteer was appointed to a Board to fill a vacancy, then the volunteer completes the term of that vacancy without penalty. If the Board volunteer chooses to apply for service to that Board, then the term limit of two consecutive two- year ear terms (four consecutive years maximum) does not include any time served while completing the term due to a vacancy. Adopted 11/20/02 29 F:\Council\Part Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 w APPENDIX D 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 purposesrelatingto 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. Theeneral purpose of the appointed public bodies is to serve the interests of the g p � 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. p pp Each appointeeexpected is also ex ected 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 primarilyadvise the Council concerning general matters of interest to the community at lag example large. An of this type of appointed public body is the Parks and Recreation p yp AdvisoryBoard. Other boards, commissions, committees and other volunteer public bodies regularly handle contested cases. A "contested case" is a matter or proceeding g y before a Town board, commission or boards, commissions, committees and other volunteerp ublic bodies in which legal interests, rights, duties or privileges of one or more parties are addressed bya decision or recommendation of that appointed public specific exampbody. le An of this is the Planning and Zoning Commission. In certain instances public bodies are part of the Town proceedings for the establishment or setting appointed and fees. Appointees involved in contested cases or participating in rate or fee rates pp settingproceedings, in particular, are expected to act in careful regard of their p g , 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. Amongthe actions that may assist an appointee in avoiding the appearance of partiality or unfairness are: • Treating public ublic p articipants 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. • Not meeting witha 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 30 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 • 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 volunteerp ublic 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 Y g 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 volunteerp ublic 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 p g 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 resign rather than act in public opposition to the administration he or she has been appointed to serve. Adopted by(R)05-119, 12-7-05. 31 F:\Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 TOWN OF ORO VALLEY COUNCIL COMMUNICATION - STUDY SESSION MEETING DATE: July 30, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS, AND OUTSIDE AGENCIES - CONTINUED FROM JULY 2, 2008 FOR DISCUSSION SUMMARY: The attached Council Communication is from the July 2, 2008 Town Council Regular Session. During that meeting the Town Council continued this item to a study session for discussion. ake'- Katiiiyn E. Cuvelier, CMC Town Clerk , eetz-4-2c1 , 6-55-David Andrews, Town Managerer g • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 30, 2008 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: TOWN COUNCIL LIAISON ASSIGNMENTS TO BOARDS, COMMISSIONS, AND OUTSIDE AGENCIES - CONTINUED FROM JULY 2, 2008 FOR DISCUSSION SUMMARY: According to Town Council Policy #8, the purpose of the Council Liaison position to a Board, Commission, or Committee ("Board," collectively) is to allow a Council Member the opportunity to bring Council-adopted policies to a particular Board, and keep the Council informed as to the actions of that particular advisory group. The Council Liaison position was designed to establish or improve the lines of communication between Boards and the Council. The Council Liaison is expected to attend meetings of the Board and then prepare a summary of events to share with the Council as a whole. It is also expected that the Council Liaison, a non-voting member of the Board, would provide the Board members with goals and objectives of the Council as a whole. The list shown below identifies the current Council Liaison assignments. All Council Liaison assignments will have an annual review with consideration of assignment rotation. Due to the Town's recent Primary/General Election, it is necessary to designate new Assignments. The current Council Liaison Assignments are as follows: Board of Adjustment Barry Gillaspie (Interview Committee Panel Member only) Development Review Board Al Kunisch Finance & Bond Committee Vacant Historic Preservation Commission Al Kunisch Oro Valley Citizen Corps Council Paul Loomis Oro Valley Citizen Corps Council (alternate)Paula Abbott Parks & Recreation Advisory Committee Vacant Planning & Zoning Commission KC Carter Stormwater Utility Commission KC Carter Water Utility Commission Barry Gillaspie Outside Agencies Amphitheater School District Paula Abbott Amphitheater School District(alternate) Barry Gillaspie Legislature; District 26 Vacant MTCVB Vacant Northern Pima County Chamber Vacant Pima Association of Governments Paul Loomis Pima Association of Governments (alternate)Barry Gillaspie Regional Transportation Authority Paul Loomis (PAG Representative is required to serve. No alternates allowed.) • TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 The following Council Members have expressed an interest in serving as Council Liaison in the areas depicted on the chart: Please note that traditionally, the Mayor of the local jurisdiction serves on the Association of Governments for the county in which the jurisdiction is located, Pima Association of Governments (PAG) and the Regional Transportation Authority (RTA). Also, the Citizen Corp Council is a Mayor's Task Force that was designated by the President of the United States. Abbott Carter Gillaspie Garner Kunisch Latas Loomis Citizen P&Z BOA Citizen DRB Leg Dist. Cit. Corp Corp (Alt) Corp 26 Amphi Stormwater WUC Cit Corp Finance & PAG PAG (Alt) Bond Parks & PAG Amphi Finance & NPCCC PAG Alt. RTA Rec (Alt) Bond PAG (Alt) BOA MTCVB HPC NPCCC MTCVB SUGGESTED MOTION: I MOVE to approve the Council Liaison Assignments effective July 1, 2008 to June 30, 2009, as modified. C/A4L&Z Kathryn E. Cuvelier, CMC. Town Clerk an; David Andrews, Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 30, 2008 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: SUMMER RECESS OF COUNCIL MEETINGS SUMMARY: Council Member Abbott would like to discuss the possibility of calling a summer recess of Council meetings. G) -n 0 > > cn _ A) < 73 a' co 0 Sv oC� c C 0D Cl) = = 0 _ rn - — 0. 0. -I -I, CD — r 0 a) 0 * co . z 0 CD = O Cu -0 -13 C7 = 0 N K a) 0 90 0) p c W — W � � 9 W -5. - n p -5. . C s 0 O p C7 -, O C7 co C7 p I— C � O 00 =. CO ° C3i0 � , D0. Z -o 01 �� 0)-o O n —I L m Z C v -0 N N) C < C - 3 Q ,' 0 ` co CD C CD CD Q° C v 90 rn 9DmOrn n 000 Q� Qw C � W Qw -< rncG) r ° CD v a CD � I Z C O C o cn ,< CD Z C7 r CD C ° G) rD N em X O �Go v CD O 3 n -h 3 C CD -I Cn -N c_ c,- -1 Cn -A H --I 7) Cn -N 0 CD � �` � Qrn CD = ( Co CDCDOa 0 � V1 o * �•.- i,• �o ° � Zo ° � CDs ° ° � 0. D N C V' Q << �< Cn 0) — �. 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