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HomeMy WebLinkAboutPackets - Council Packets (911) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 18, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 5:30 PM Pursuant to ARS X38-531.03.A(3), consultation for and discussion of legal advice, and X38-531.03.A(4), consultation, discussion and instruction of legal counsel regarding contract negotiations, Council may vote to go into executive session concerning the proposed Southwest Area Annexation. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATIONS: a. Recognition of Public Works Street Crew for their participation in the MSA Equipment Rodeo at which they tied for "Best of the Best". UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER COUNCIL REPORTS DEPARTMENT REPORTS TOWN MANAGER'S REPORT The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING 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. 04/18/07 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 01-24-07; 02-28-07; 03-14-07; 03-21-07; 04-04-07 B. Building Code Activity Report - March 2007 C. Coyote Run Monthly Report - March 2007 D. Economic Development Division Monthly Report - March 2007 E. Resolution No. (R)07- 53 Renewal of an Intergovernmental Agreement with Pima County for payment for the Incarceration of Municipal Prisoners F. Resolution No. (R)07- 54 Authorizing the acceptance of bid and award of contract to A & S Paving, Inc. in the amount of $127,226.00 for the East Magee Road Pavement Rehabilitation, Project No. OV 30 06/07 16 G. Approval of Employment Agreement for Town Magistrate George Dunscomb H. Award of Bid for Financial Auditing Services to Heinfeld, Meech & Company, P.C. for fiscal years ending June 30, 2007, 2008 and 2009 with the option to renew for the three (3) subsequent fiscal years 2. PUBLIC HEARING— APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR "SANTILLO'S" LOCATED AT 8195 N. ORACLE ROAD, SUITE 105 40 3. PUBLIC HEARING - ORDINANCE NO. (0)07- 22 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2007 AMENDMENTS TO TAX CODE OF THE TOWN OF ORO VALLEY,, ARIZONA" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER; AND DECLARING AN EMERGENCY Explanation: All Arizona cities and towns which impose local sales tax have adopted the Model Cities Tax Code. Periodically, the League of Arizona Cities and Towns coordinates proposed statewide tax code amendments to promote uniformity and tax code compliance throughout the State. 4. RESOLUTION NO. (R)07- 55 TO CALL UPON THE U.S. FOREST SERVICE TO PREPARE A FULL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED ROSEMONT MINE 5. PRESENTATION AND POSSIBLE ACTION REGARDING THE 2007 TOWN OF ORO VALLEY STRATEGIC PLAN ++ w 04/18/07 Agenda, Council Regular Session 3 6. DISCUSSION AND POSSIBLE ACTION REGARDING THE ACTION PLAN FOR INTERIM SPACE SOLUTIONS AT THE TOWN MUNICIPAL OPERATIONS SITE LOCATED IN RANCHO VISTOSO NEIGHBORHOOD 3 AND LEASED OFFICE SPACE PLANNING 7. CONSIDERATION AND POSSIBLE ADOPTION OF A COMMUNITY RELATIONS PROGRAM 8. 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) 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. ADJOURNMENT INF POSTED: 04/06/07 4:00 p.m. cp 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. — 5:00p.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. 04/18/07 Agenda, Council Regular Session 4 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once 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 issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. :X�R,C;;' 'Ilr•:"`-']p$1:+$�y$''%:�. o k'+?�r effiz.. 'r.ti,.rf,•:.:¢.-M �.oyW y p4�TY �� 'q �Q , �o1G � orv. April 2007 Volume 1, Issue 2 NEWS .('!Y r'SfY%1 i•� ' � 7f�' Xr ..::....:v.....:.v....nv::...: ff. cA � r' �x Y :2�,7g`L��+,ggh(��, 'fx fe n 1 '' ��i��� ROMx�� Kr f..•�>L eF�����t+' ��xM��i s.:�:,.:' s.,.'�..:. �y.�.:. y;.,gin::. g.r;i.'M Sck.ty.q::y r:.!C:. <•..w.,,. '2c::.''.t.'rlr,•:t: .G.:i .':r.;xk,'•':'` �•���'.' "sJt..,h. ::� :f;.tiC:.'. gek . �?;;;z•;ilr:•ko:S•;•: fyx���:'' 't'�•'3F<:.•x':;�c'.:rox•x`'..lj`.:::?c' k::•: >'• 1 . �•' ..': /966 1:.:.:'x:'•'<g�:."r ; �f.,'�r'�yZ%�.o•f+.;..;... ffS»'.;.:.::;;n�r'�i,iC��: .;c• ., w�'.:x Xx• t v'&f fr<M {{...,,x�.:xi?X. ..3 ''�..yi..'�•�`r���.f;;;:y,tr;.,�;.�.s:,�'ty;•.'. x�� :?1'.. .X�i•.:%c:�sr•Y:i..�:';'�•.;�r y.:;.iL:.'::h..>:y;yf''`.4Y::C'./,r'•+../:s a^'1 r• yo.\:d'.:.''.:%.:.'.:? �r ANNUAL TOM SNEETZ MEMORIAL RODEO RECORD BREAKING EVENT HELD MARCH 15, 2007 What a day it was. We had recorded breaking weather; record breaking attendance and record breaking fun. We had a total of 276 people attending this year's event. This included Bev and Bill Copeland, the editor's of the "MAINTAINER", M p MSA's quarterly magazine and George Friedenbach, National President of the MSA. Phoenix won the "Best of the Best" by taking 1St place in Backhoe, 10 Wheeler, Concrete and A/C patching. Mesa's LarryCrawford and Oro Valley's Carlos y Martinez tied for the Master Equipment Operator. Mike Stephens from Oro Valley took 1St place in the grader event for rd � o the 3 year in a row. Mesa took 1st in Forklift and the sign installation. Gilbert took 1st place in Pavement Markingand the new event; "Golf Cart Derby". Tempe walked away with theist place honors in the crack seal competition and Yuma nailed the 1st place in loader competition. The food was wonderful thanks to the Gilbert chef's. The event was very well organized and we had a lot of fun. It gets better everyyear. We're not just havingfun, we're making king memories. Thanks to everyone that worked so hard at making this successful. r ri{.{r!\ate!•r r/i r t'x"YY, r�'%/s.c Y!{ x .. 'Y:'Yr r!1/•yip+`✓T r/ .. ,+ '$:S ]�t'� "°'r {/l�y/AA /��//��� PPeacit'e Yy meq.'. la t‘psagge,y,ftw m*..:40:101t •r.:..f f COLLEGE CREDITS FOR PUBLIC WORKS Y {rx. .{k 4Y. / Yr nr 7 Y / +^>+ hi rr ir,M 444:' 6^'r 1{ r, is� fi 6 .WRrOyR ,W �� . N.›.44 Update t e from the AZ MSA Education Committee Chair r Yr,,rxYY mkr r.�.t r.;.FY vWg �..'.. .,v Louie Pedroza/ Nx? r r8r-liMX r (t.o ma� � ) � Our next step to reach this goal is to obtain APWA endorsement o rsem ent and partnership; develop -course curricular, recruit instructors and submit to Estrella C.C. for implementation. The six courses per level.program will consist of two certification levels, withp el. Once an employee has completed both levels, he/she may continue on with the educational criteria for an Associates Science (A.S.) degree in Public Works. The hopeful results from this program will enable field workers to qualifyforpromotions broaden their knowledge within the Public Works and professional. These employees will be the next generation to serve the public and carry out the diverse complex duties of beinga public servant. eck out the National MSA Website at htt ://www.maintsu t. p p com • ED STEVENS, MESA SUPERINTENDENT OF THE YEAR f:h +.: 2007 h:: i.,/{`L".•S<.^.' rtxt.xu':n/,Y.ir H.<r ltii,N,J..1•Y .<+ p'tn,�`.-W):�,'�{•r�r !:�'yy...;..'.,i j�!}ry./r.�:>.�'Ji'{i$.' �:�:��;?l.:�1Cli{r{::.:�x:..:�v.{ :i.tt�...:...i�&%:r.:,'t•£::.ji•'�,-:'x.`;:::}}{•,Y�:) :::%�}�>..,;J/ f%�.�,r,•.:r�:.::}r,.�+l}.';!}}::} �:F;..,r.?:�il;,:+.::�):; .r,7t;•.:.:.f�.y,;o-:.f^is.,ii.,..i.:r?`:+seri}:.:;i:r•r}wn{:;rri r.?•::,{r�•.rt+.-• •:f.ihr•Sxs.}}����J}����rr�/+r.��}y�y{{ym>•.u`R':....:bey'.}:nr:'ti�.;};.fyr�::;%%}.}:5�.,+x-+2;:<•%:�.:,,`�',.':•.':?r?/tY:::yr.{:,�}"•;:;:y%:.;}.}{ ->+ h ttht &,Cw<"•i&'t��>',�u `i 11 >1 9b a ry^itit i{S rod{ru tint , h� r��w�M jam,>, { rtilbrigAvigaEd Stevens, current opportunity as well as a Memorial Rodeo. Treasurer of the valuable set to the 111111,1101;!...,:::47'4":,1111111:1111Arizona Chapter of the AZ MSA whose g Where ever there was iiiiii ,s � , goal I it ;.yy:%r+•tr.,a 4 .f+:E s::?<:::<:>::<:»:;:;. .:::�):•:,>.:i.;xc:-}>};i:xs:;i�;}:i�:s:_:% o r .rr,;�,.,.::+: t:A:;+t;t.}i::i-:::}::.}:;•t:i:>:::}::. Maintenance IIIIWZIOMMAINO1111111 } ..nti�.{",<. .. :::_.' :i:{i t:}}}:.r:i:r.::r:;:.:.;:}::}„� t� � rs � his to promote a network need there was Ed. .i{.rrif 3 s:> i iiir.rvi'..cr7l f{>��>��t�r•:'�q.�sir f�,f-.���>t'`>�. r.....�:... x£ w t ;f: ::: ::11 Superintendent's r r t-'- of peers statewide in an Without�o,�r}f t>r;t+��,`�:`�Kt�6•\ii,L t-4'.,,�a"a xavoa6o�++N.��n�'•ttdtS,r£r,»��,?f.,iro�'£�>�t%};L's`sF{y:.'i.t.� }r.;. ii fa nfare' without ith ou tAssociation was named effort to boost morale grandeur just the� 711",� 2 Superintendent and share our desire to make Arzona .00M t �4 "<tI;1t! of the Year" by a experience, technology a better place for the ftff- r -+i. fzr unanimous vote of the and skills. He has been � Maintenance workers. ft. }oi t > i fkov,,, Executive Board. 3"}r �t <<`rr::>:.y instrumental in pulling Li`� The �. . r^Y,hz: p g He continues to do this 4 ° � choice was easy We off one Arizona's ,( .. ,. .•::''.:4111:51.1111 � with knowledge, }•INI i >\ o f \r know that Ed was a largest Public Work's compassion and champion for his Events for the past 7 integrity. workers at every years, the Tom Sheetz ::::i.tYC;?::i�/-:'}tivSriii.t:r•::::{.yyi 211111211111111111111111111111: r= Y` vri `ii4;' tiit�; 4i`:} ti BRYAN DARLING, C RA FC O VENDOR Pit;r.�;,: ,f�/�yro/i �� }ILI 'tip �:W t: 440:444,,,,4:: :,,,e- , VENDOR OF THE YEAR 2007 } 3: �r• i.K....�xak '•kt,;.:�::<+:::. '`'�.{:�:S.,G{.: G<r�./w• ,r,�f. •.;.w• /u:� �OOf'A•�'". �,` %'.ter 'N.`r`,•{r-.yr,:`•T.,.�.,`'.:.:.vr,Q;q�. �q• Vi t:•� �inti:r,•• '.<•iiit�t2�}::�: ��•� �.r:: .),.,jr�?::'{`:'!%:i':;;%isi}�h:.<;v,.•nyy,„....... a� �r..;•.,,.1 f Bryan Darling, was awarded " '.:.: ?... r^<{;. 45 the "Vendor .of�xt< f : ' Year a n d �r, �} :.,�{._..:�t:•::�r:�:4.�.r.�� g� of the \yt•:,.,..,. �... ... �r t• >.g F��i�f �S r :..i!f.r>>iA<r ,�. ,_v� �: ��r» r J.��.�t'rti,�lr,,,� �r£`�{t::.;��'��ri Fy6" rightly so. If the face of tragedy, Bryan still gives the• AZ t MSA 110%. He contributes "above } and beyond" :# r d what is kr asked of a member and has made himself invaluable`� f ��t `�/•- �°'`}" to us. t _ Not just as member �� ..x .f ,•n.� r 4:.H t4 , but as our Best Friend". B • rryan is to `:aii:'�>�?%.:�<<;:is i>: ':: „'s.%::.:ct5}�•.f:!;?t„'t,!ro �, +.S}:\\ 'S}>%i'::i:-.L:•:vi:}:ti:::;i::ii:v%L:}:�•Y:�,r>i 'tv.. 4•i :}fit:; i';�.,,.7:.Y%:�;<%:i:r:%:. .. ...%.,:^:i't:�:::as::a:::;h:.. ,.Etrr%:'£•:"t?:•r`v'•>rr�.";!.tin,<ty;:�.i: s;•,}`c.; be commended for setting the standard by which we should al: - all aspire to. Not just as a member of the MSA but as a person of honor. Current Executive Board Lory Warren, President Al MSA Executive Committee Member Elections Larry Tucker, Vice-Pres. Ed Stevens, Treasurer At the November"Vendor Appreciation Day" meeting, we will hold elections for positions on the AZ Executive Committee. Louie Pedroza, Education Chair Ed Crabtree, Board Member If you have an interest in any of these positions, please submit your name to current President, Lory Warren for the ballot in November 2007, no later Derik Winkle, Board Member than October 28, 2007. Ron Sievwright, Board Member You can send your nominations or your own name for candidacy to Glenn Gagnon, Board Member Iwa rre n@ y o rova I l e .net. Dick Armstrong, Vendor Member Chuck Kaye, Vendor Member David Troyanek, Vendor Member UP-COMING EVENTS FOR 2007 John Ashley, Honorary Member VENDOR HOSTED MEETING — MAY 17, 2007 CITY HOSTED MEETING — JULY 19, 2007 NATIONAL MSA CONFERENCE — VENTURA CA SEPTEMBER 3-7, 2007 GOLF TOURNAMENT — SEPTEMBER 14, 2007 TRAINING DAY & ELECTIONS — OCTOBER 11, 2007 VENDOR APPRECIATION DAY & ELECTIONS — NOVEMBER 15, 2007 Look for the May 2007 Vendor Hosted Meeting Flyer soon. Be sure to check out the National MSA Website at htt ://www.maintsu t.co p p m A DRAFT MINUTES 111. ORO VALLEY TOWN COUNCIL STUDY SESSION JANUARY 24, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER - 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member 1. PROPOSED CHANGES TO TOWN CODE - CHAPTER 15 WATER CODE REGARDING BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL ORDINANCE Charlie Soper, Lead Operator for the Oro Valley Water Utility, reviewed a PowerPointpresentation and explained that backflow is the unwanted reversal of p flow in a distribution system. ADEQ (Arizona Department of Environmental Quality) requires all water utilities to have a Backflow Prevention Program to enforce compliance. Mr. Soper then reviewed the existing Ordinance and then highlighted the following items regarding proposed changes to the Water Code for Backflow Prevention and Cross Connection Control: • Proposed revisions: o Fire systems • ADEQ exempts Class 1 and 2 Fire Systems. • Water purveyors can now require backflow prevention assemblies on Class 1 and 2 fire systems (need permission from the Fire Marshall). • Class 1 — Direct connections from public water mains only (no pumps, tanks or reservoirs). • Class 2 — Same as Class 1 except booster pumps may be installed. o Reclaimed water & Graywater use • Backflow prevention assemblies are required on potable water connections to any area or premise using reclaimed or g ra ywate r. o Notifications • ADEQ requires that each backflow prevention assembly be tested annually. • Oro ValleyWater Utilityshall set the test com liance p date. 01/24/07 Minutes, Council Study Session 2 • Fi irst customer notice is a 45 day notice. If OVWU has not received a copyof the required test within 15 days of the compliance date, a second notice shall be sent by certified mail. • Y Irrigation systems - If required test has not been g received, the service will be locked the day after the compliance dated. • Commercial accounts - Will not be locked off after the compliance date. A 4-day notice will be hand-carried to fY the establishment notifying the water user that the OVWU will be on site within 4 days to perform the required testing. o Testing Fees• All fees assessed as a result of enforcement will be the current fees on file with the OVWU. ■ Any testing costs incurred as a result of enforcement shall consist of equipment, materials, and labor costs. If costs are incurred after the Utility's regular business hours, over time rates will apply. • Commercial customers who are in non-compliance will be subject to $100 fine in addition to testing costs. Second offense will be subject to a $250 fine. • Process and Schedule o Revisions by vi ions reviewed testers and other local water providers. o Water UtilityCommission approved recommended changes on 1/08/07. o Council Study Session — January 2007 o Public Hearing — March 2007 o Forward to Town Council for adoption. Discussion followed regarding: are • Private residential customerscurrently exempt from backflow prevention unless a dangerous situation deems it necessary. o Residential backflow protection: ■ Manufactu rer's make backflow devices that install in the ground right after meter so existing residential systems could be retrofitted. • Some utilities have taken on the retrofitting of existing systems g and then charge the customer ($100 - $200). Town is looking into this prospect. • Anti-siphon valves are placed on most drip irrigation systems. • Contractors install Class 1 & 2 fire systems. Tested annually and customer is responsible for required testing. • Modifying or waving of requirements: o Unique circumstances may be realized during testing. The Utility may allow a short-term waiver. 01/24/07 Minutes, Council Study Session 3 • Cost differential in backflow prevention methods. o Town requires high-hazard devices. (Approximately $20- $30 difference in smaller diameter devices.) 2. PROPOSED CHANGES TO TOWN CODE - CHAPTER 15 WATER CODE AND CHAPTER 6 BUILDING CODE REGARDING WATER CONSERVATION MEASURES INCLUDING RAIN WATER HARVESTING, GRAYWATER USE AND ELECTRIC OUTLETS FOR HOT WATER RECIRCULATION SYSTEMS Kevin McCaleb, Water Conservation Specialist, reviewed a PowerPoint presentation regarding proposed changes to the Water Code for water conservation measures (Graywater reuse and Rainwater Harvesting) and a change to the Building Code (Hot Water Recirculation Systems.) He highlighted the following: • Graywater Reuse o Reuse of water that would normally drain into sanitary sewer system or septic system from sinks, showers, tubs, and washing machines. o Residential landscape irrigation applications o Town Code does not currently preclude or prohibit graywater reuse provided that the system follows International Plumbing Code provisions, ADEQ (Arizona Department of Environmental Quality) guidelines and has proper backflow prevention in place. o Other southern Arizona communities allow for installation of graywater systems but do not require it. o ADEQ regulations. o Concerns include water quality, potential risks for public health and safety, protection of potable system, reduced flow to sanitary sewer, enforcement of ADEQ regulations and Oro Valley Town Code, Town or Water Utility liabilities and Homeowners Association (HOA) covenants and current platting. o Process and Schedule: • Amend Water Code to allow residential sites the option to install graywater systems. • Work closely with Building Safety. • Water Utility Commission recommended that item be forwarded to the Town Council for review. • Reviewed by the Southern Arizona Homebuilders Association (SAHBA). • Public hearing and Council approval - March 2007. • Rainwater Harvesting o Commercial and residential landscape irrigation applications. o Town Code does not currently preclude or prohibit rainwater harvesting for use in landscaping for commercial or residential customers. o Passive and Active Systems. o Concerns include minimal risks to water quality, Passive harvesting (no standing water for more than 12 hours for mosquito control), Active system (construction of reservoirs are addressed by the Building Code, backflow prevention required), Commercial applications must be approved according to Town's Drainage Criteria Manual and Town 01/24/07 Minutes, Council Study Session 4 Engineer, Underground storage systems must be covered, HOA g 9 Y covenants may preclude rainwater harvesting. o Process and Schedule: • Amend Water Code language to allow commercial and residential sites to have the option to install either passive or active rainwater harvesting systems. • Safety Work closely with Buildingand Public Works to develop potential changes, if necessary, to Drainage Criteria Manual. rY • Water Utility Commission and Stormwater Utility Commission recommended that item be forwarded to the Town Council for review. • Reviewed by SAHBA. ■ ublic hearingand Council approval - March 2007. P • Hot Water Recirculation Systems either eofs stem o Town Code does not prohibit installation of type Y Operation system or Point of Service system.) (Continualp Y o Facilitate' residential installation of Point of Service (POS) system. o Process and Schedule: • BuildingCode to mandate installation of at least two Amend switchable outlets. • Water Utility Commission recommended that item be forwarded to the Town Council for review. • Reviewed by SAHBA. ■ blic hearingand Council approval — March 2007. Pu Discussion followed regarding: but not • Residential level: Recommendrequire graywater harvesting, rainwater harvesting and hot water recirculation systems. Allow personal choice. • Commercial level: Handle case by case basis. • Promotion of conservation methods: Information provided to potential users regarding safe methods of conserving, restrictions, protections, etc. areas: Encourage water • Protection of riparian conservation but need to insure g that adequate water is riparian stillreachingri arian areas and recharging into natural aquifer. (Drainage Criteria Manual allows the Town Engineer to look into balancing run-off and recharge, etc.) development, • Comme nts from SAHABA: Supportive of water conservation measures but suggest leaving water harvestingas a voluntary measure and feel putting in switches at this time is adequate for POS systems. • Circulating pumps,s, outlets, etc. — Costs verses convenience verses p conservation and placement of switches. • Add Code language that statespassive that or active systems are allowed but also are "encouraged". • Retention and detention: Retention is no longer allowed; all basins must positively drain. • POS systems: International BuildingCodes require "designated circuits". • ADEQ addresses process/permitting, etc. with design being approved by Building Safety. 01/24/07 Minutes, Council Study Session 5 • Master Subdivision Development projects (Section 15-18-11) addresses the potential for master development/communities to irrigate common areas or bufferyards with rainwater. (Possibly define Master Subdivision Development Projects for clarification). • Costs and positioning of POS switches and recirculation pumps. (Water Utility Department will bring these items forward to Town Council for consideration at the second meeting of February or the first meeting in March.) 3. IMPACT FEES ANALYSIS FOR THE POTABLE WATER DEVELOPMENT IMPACT FEE AND THE ALTERNATIVE WATER RESOURCE DEVELOPMENT FEE Water Utility Director Philip Saletta reviewed a PowerPoint presentation and highlighted the following; • Groundwater Supply o 1980 Groundwater Code and Assured Water Supply o Safe yield by 2025 o Sustainable groundwater production (5,500 AF (Acre Feet) • Incorporates use of Renewable Water (11,500 AF) o Central Arizona Water (CAP) o Reclaimed Water • Based on the approved Potable Water Master Plan and General Plan area. tar • Balances future costs between existing customers and new development. Dennis Jackson, Red Oak Consulting, reviewed the following: • Potable Water System Development Fee (PWSDF) o Recovers proportionate costs for potable water infrastructure to serve new customers. • Impact Fee Methodologies o Equity Buy-In o Incremental o Hybrid o Cash Flow Test — Used in analysis to test revenues and expenses. o Development fees in Arizona must meet the requirements of the Arizona Revised Statutes (i.e. Fees and schedules must be uniform, a reasonable and proportionate relationship between fee amounts and growth-related capital improvements funded with fee revenue). • Existing Fees: o Potable Water System Development Fee • New customers only • Growth related potable water infrastructure. • Current fee: $1,774 for 5/8 inch water meter (adopted 2000). • Significant increase to infrastructure costs. • Water consumption patterns have changed. • $15.4 million for expansion projects over the next 10 years. 'w' • Proposed Fees based on 5/8 inch meter: $2,567 for a new single family residential connection, $4,110 for commercial and 01/24/07 Minutes, Council Study Session 6 industrial, $4,360 for non-turf irrigation. (Connections larger than 5/8 inches are adjusted based on their relative meter capacities). • Alternative Water Resources Development Fee (AWRD) o Recovers proportionate costs for the renewable water supplies (Reclaimed and CAP) and infrastructure to serve new customers. o New customers only o Growth related water resource infrastructure o Major water resource acquisition has occurred over the last 10 years. o Water treatment and delivery systems will use more sophisticated technology. o Water consumption patterns by customer class have changed over the last 10 years. • Impact Fee Methodology o Hybrid method used and takes into account total capital costs required. o Determines allocation of costs between existing and future customers Existing customers = 4,500 AF and Future Customers = 7,000 AF. o Determines allocation of costs to the AWRD fee and the Groundwater Preservation fee. o Capital costs: Reclaimed $19,500,000 (supplies 2,500 AF), CAP water $63,100,000 (supplies 9,000 AF). o AWRDF — CAP and Reclaimed Capital and Financing Costs TOTAL=$139.6 million. • Current Fee: $300 for 5/8 inch water meter (adopted 1996). • Proposed Fees based on 5/8 inch meter: $4,982 for a single family residential connection, $7,970 for commercial and industrial, $8,470 for non-turf irrigation. • Groundwater Preservation Fee (GPF) Revenue Requirements o Debt Service on $54.4 million - $3.95 million annually. o Current Fee of $2.25 per 1,000 gallons generates approximately $700,000 annually, (Water Utility staff will review the GPF as part of the next rate review.) Discussion followed regarding: • Potable Water System Master Plan update - Costs are increased to reflect inflation. • ADWRD fee - Used existing 2000 Bureau of Reclamation report. • Northwest Water Providers - Performing study to update cost estimates of CAP delivery. • Timeframe for planning purposes — Delivery of CAP water by 2012. The longer the project is delayed will bring about the use of more groundwater. • Legislation regarding reporting and usage of impact fees (Legal Department will be looking into new legislation). • Projections of EDUs (Estimated Dwelling Units) for 10 years — Potable Water System Master Plan addresses the General Plan boundaries which takes possible annexations into consideration (but does not cover all of the State Park lands to the north of Oro Valley limits). 01/24/07 Minutes, Council Study Session 7 • Statutory requirements for noticing, etc. affect timetable for moving items forward. • Basis for using the 6,000 EDUs — is this a realistic number? Growth numbers seem to be very optimistic. • Public meeting will be held on January 30, 2007. (289 letters were sent to developers and builders inviting them to attend). MOTION: A MOTION was made by Vice Mayor Dankwerth and SECONDED by Council Member Kunisch to adjourn the Study Session at 8:00 p.m. Motion carried, 6 — 0. (Council Member Parish left the meeting at 7:55 p.m.) Prepared by: Roxana Garrity, CMC Deputy Town Clerk Draft MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION FEBRUARY 28, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER: 5:30 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Kenneth Carter, Council Member Paula Abbott, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member EXCUSED: Terry Parish, Council Member la. NARANJA TOWN SITE PROJECT OVERVIEW taw Finance Director, Stacey Lemos began the presentation by thanking all involved for their efforts and research for this project. Ms. Lemos then introduced Parks and Recreation Director Ainsley Reeder. Ms. Reeder presented a brief history of the Naranja Town Site. She noted over the past eight months, Burns Wald-Hopkins has worked with Town staff, citizens, the Parks and Recreation Advisory Board, the Greater Oro Valley Arts Council and Town Council to create a Master Plan. The Naranja Town Site Programming and Concept Design Final Report will be presented to Town Council for approval on March 7, 2007. The elements included in the report are as follows: • Big Ideas / Goals • Site Analysis • Programming — Site and facility needs. • Alternative Site Utilization Diagrams • Recommended Concept 1 b. NARANJA TOWN SITE FUNDING STRATEGY Finance Director, Stacey Lemos discussed funding and cost analysis. Construction and Operating and Maintenance Costs were broken down as follows: 02/28/07 Minutes,Town Council Study Session 2 • Earthwork and Infrastructure — emphasizing earthwork would be a one- time cost. • Playfields, Courts, Support and Parking • Community Center and Parking • Aquatics Center • Music Pavilion I and Parking • Music Pavilion II The total construction costs are estimated to be $150,501,374.00. The borrowing capacity of the Town is estimated at Total Limitation of $151 p y million. Ms. Lemos proposed two funding scenarios: • All AtOnce 1. Voter authorization for $151,810,000 2. Issue General Obligation (GO) Bonds 3. ProposesecondsrYproperty tax levy to pay principal and interest 4. Propose primaryproperty tax to pay annual operating and p maintenance costs. The All At Once scenario creates an average monthly cost of $36.59 to homeowners. • A La Carte proposes site construction over time in the following phases: 1. Earthwork and Infrastructure 2. Playfields, Courts, Support and Parking 3. Community Center, Aquatics and Parking 4. Music Pavilion I & II and Parking Park elements would be funded through a proposed bond election. A proposed property secondary tax would pay the principal and interest. The Town Bed Tax revenues or primary property taxes would be used to pay the annual operating and maintenance costs. Ms. Lemos explained that there are sufficient funds available from Bed Tax revenuesoperating to fund o eratin and maintenance costs under the A La Carte plan. Ms. Lemos further presented options for Bond Elections: • November, 2007 would accelerate project progress and could save on cost estimates. However, there would be less time to educate the public andgarner support. The election would coincide with the Amphitheater pp school district bond election. • Noe v mber, 2008 coincides with the proposed Pima County bond election and delays the start of the project. The additional time allows for more public education and an increase in voter turnout since 2008 is a Presidential election year. 02/28/07 Minutes, Town Council Study Session 3 • November, 2009 delays the start of the project and may result in cost escalation though allowing more time to gain public support. The lack of other elections could impact voter turnout. Mayor Loomis opened the floor for comments from the public. Council members asked questions and expressed concerns regarding the web management study, financial impact and user groups. Discussion followed regarding funding, staffing and costs to both the Town and homeowners. Mayor Loomis called on Financial Advisor Mark Reader from Stone & Youngberg and Bond Counsel Scott Ruby from Gust & Rosenfeld to discuss bonding issues and uses. Mr. Reader noted the Town's current bonding capacity is in excess of $150 million. Discussion ensued regarding the possibility of more scenarios to choose from. Scott Ruby discussed the risks of posing the bond to voters in phases vs. "all at once." One phase can pass while the next phase could fail. Additional focus was directed toward alternative funding. Mayor Loomis directed staff to create summaries of each report and forward the summaries to Council within one week, including a break down of costs into "good, better, best," tiers. Mayor Loomis introduced the new Executive Director of GOVAC (Greater Oro Valley Arts Council), Mike J. Patch. Dick Johnson, 10151 N. Inverrary spoke in support of the Naranja Town site. He urged Council to get the data in order for the March 7th Council session to review and allow the citizens to have input. He also noted that a new property tax would be tax deductible. He further urged the Council to act now rather than wait and leave the building to future councils. He recommended beginning the process in order to have something to show investors. Chris DeSimone, 11556 N. Eagle Peak Drive stated that he coaches baseball and soccer and spoke in support of the need for playing fields. The Naranja Town Site reference materials requested by Mayor Loomis will be available at the Town Council Offices by March 1, 2007. Mayor Loomis closed the floor for public comment and called for a five minute recess at 7:30 p.m. Meeting resumed at 7:40 p.m. DISCUSSION REGARDING UPDATING THE BED TAX ALLOCATION RESOLUTION DUE TO EXPIRE JUNE 30, 2007 02/28/07 Minutes, Town Council Study Session 4 Economic Development Administrator David Welsh explained that staff is on renewingthe resolution governing Bed Tax seeking Council's direction allocation effective July 2007 and into the future. He, along with the Town are recommendingthat the Bed Tax allocation be Manager and Finance Director and that it be restructured. The first period, 2007 broken into two periods of time . reflects the remainingeffective period of the Hilton El through 2010, Conquistador Golf and Tennis Resort Economic Development Agreement (EDA). This is an agreement that returns 2% of the Bed Tax collected by the resort back to the hotel for investmentpromotion in tourism and convention development. 2010. The secondperiod of the recommended allocation This EDA expires in would cover 2010 and beyond. Within these two periods, staff is recommending the following line items and rates of allocation: 2007-2010 2010+ Hilton 2.0% 0.0% Hotel rebate to 2.0% 2.0% Economic Development creation 0.0% 0.0% Parks and Recreation Naranja Town Site (NTS) 2.4%- 4.0% 4.0% Total 6.4%- 7.4% 6.0% Mr. Welsh explained that the recommended Bed Tax allocation includes several changes: p 1. 2010. Expiration of hotel rebate: The Hilton's EDA expires in the allocationgets adjusted in the years beyond. Therefore,2. Moving MTC VB under Economic Development marketing: Staff is ndin that the support for MTCVB be moved under the recommending pp Economic Development Marketing velo ment line item. Also included under that support for Tucson line item is Regional Economic Opportunities, Inc. Critical Path Institute (C-Path) and the Northern Pima County (TREO), Chamber of Commerce (NPCCC). These are all components of the Town's overall Development Economic Develo ment marketing effort and consistent with its Community Economic Development Strategy (CEDS). If this change is approved, the Economic Development Administrator would recommendations each year on how to allocate the one-third of make the Bed Tax to maximize the benefit for the Town as a whole. 3. Elimination of specific Parks and Recreation support. e support for NTS: Staff recommends this as a possible stream 4. I ncreas pp of revenues that maybe pledged toward paying either debt service financing some portion of NTS construction costs or funding a portion of the operation and maintenance costs associated with NTS. Discussion followed regarding: • T he time frame commitment should be 3 years instead of 10 years. • Setting a backdrop by building the Naranja Town Site so businesses will come to Oro Valley. • suggested Mayor Loomis limiting the Bed Tax Allocation y resolution to 2010. After 2010 see how the environment has 02/28/07 Minutes, Town Council Study Session 5 changed and then each item will be looked at annually during the budget process. • Future needs and funding for the Naranja Town Site is needed, but the 2.4% - 4.0% is a good percentage to start with. Mayor Loomis opened the floor for comments from the public. Chris DiSimone,11556 N. Eagle Peak Drive stated that he would like to see a new strategy for Oro Valley without Metropolitan Visitor's and Convention Bureau (MTCVB) because he feels that Oro Valley is not getting its money's worth from MTCVB. He said that he would like to see Oro Valley give some money towards the Northern Pima County Chamber of Commerce Building. Mayor Loomis closed the floor for public comment. ADJOURNMENT MOTION: Vice Mayor Dankwerth MOVED to adjourn the study session at 8:12 p.m. MOTION seconded by Council Member Kunisch. MOTION carried 6 - 0. Prepared by: Kathryn E. Cuvelier, CMC Oro Valley Town Clerk MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION March 21, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Barry Gillaspie, Council Member Al Kunisch, Council Member Terry Parish, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS - No reports. DEPARTMENT REPORTS - No reports. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE - No speakers. 1. CONSENT AGENDA At the request of the Council, Items G, K, L, 0, P, R and Q were pulled for %,,, discussion. 03/21/07 Minutes, Council Regular Session 2 Mayor Loomis stated that if there were no objections, the Council would act on the Consent Agenda (excluding the pulled items), then consider Item P, Item 2 and then go back to the remainder of the Consent Agenda items. A. Minutes - 03/07/07 B. Building Safety Activity Report - February 2007 C. Coyote Run Transit Report - February 2007 D. Economic Development Division Report - February 2007 E. Tucson Regional Economic Opportunities, Inc. (TREO) Quarterly Report October 1, 2006 - December 31, 2006 F. Emergency Purchase Report for Traffic Signal Equipment for the First Avenue Widening Project G. Resolution No. (R)07-45 Affirming the Town of Oro Valley's commitment to share in the construction of a dog park to be built in the Canada del Oro Riverfront Park contingent on the successful procurement of a FY 2007 LRSP Heritage Fund Grant in the amount of$25,850.00 (Total amount of this project will be $51,700, the Town's contribution of$25,850.00 will be paid for with Recreation In-Lieu Fees) (PULLED FOR DISCUSSION) H. Resolution No. (R)07-33 Authorizing the acceptance of Bid and Award of Contract to Hunter Contracting Co. in the amount of$ 959,600.00 for Highlands Wash: South of Lambert Lane, Project No. OV 30 99/00 07C I. Resolution No. (R)07-34 Authorizing the acceptance of Bid and Award of Contract to Tucson Asphalt Contractors, Inc. in the amount of$147,436.34 for the James D. Kriegh Park Parking Lot, Project No. OV 30 06/07 17 J. Resolution No. (R)07-35 Authorizing the Acceptance of Bid and Award of Contract to Southwest Slurry Seal in the amount of $141,750.00 for the La Canada Surface Treatment Project No. OV 30 03/04 13 K. Resolution No.(R)07-36 Accept the Bid and Award of Contract to Underwood Bros., Inc. dba AAA Landscape in the amount of$64,014.00 for the annual Town Wide Landscape Maintenance Project, Project No. OV 30 06/07 03 (PULLED FOR DISCUSSION) L. Resolution No. (R)07-37 Authorizing the Execution of Amendment#2 to the Intergovernmental Agreement with the State of Arizona for the HURF Exchange Funds to provide additional funding in the amount of $1,350,000 03/21/07 Minutes, Council Regular Session 3 for the construction of the First Avenue Widening Project from CDO to Tangerine Road, Project No. OV 30 00/01 08 (PULLED FOR DISCUSSION) M. Resolution No. (R)07-38 Approving an amendment extending the Intergovernmental Agreement between the Town of Oro Valley, Pima County/Pima Regional Special Weapons and Tactics Team effective through March 22, 2008 N. Resolution No. (R)07-39 Adopting a revised Community Economic Development Strategy for the Town of Oro Valley O. Resolution No. (R)07-40 Approving a tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Employee Group for the period of July 1, 2007 to June 30, 2008 (PULLED FOR DISCUSSION) P. Resolution No. (R07-41 Authorizing & approving a Master Service Agreement between the Town of Oro Valley and Vitalchek Network, Inc. for taking credit card payments through the Internet. (The initial arrangement whereby a Town department may take credit card payments will be with the Magistrate Court (see Item 2 below). Thereafter, as determined appropriate by Town Administration, other departments may be added to 41Ib the Master Service Agreement) (PULLED FOR DISCUSSION) MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adopt Resolution (R)07-41 authorizing and approving a Master Service Agreement between VitalChek and the Town to provide an online credit card payment service through the Internet and that the Magistrate and IT Department shall return to the Council within 9 months with a report that describes the success of this agreement and the business aspects of the contract. MOTION carried, 7-0. Q. OV12-06-03 Approval of a final plat for an 11 single-family lots, Naranja Ranch Estates, located in proximity to the northeast corner of the Naranja Road and Shannon Road, Parcels 224-11-045A, 224-11-045B & 224-11- 049A (PULLED FOR DISCUSSION) R. Approval of the Town of Oro Valley 2007 Strategic Plan (PULLED FOR DISCUSSION) S. Approval of request for Council authorization for the Town Attorney to settle the acquisition of the Logan's Crossing Multi-Use Trail for the amount of Nor $25,000.00 03/21/07 Minutes, Council Regular Session 4 MOTION: A motion was made byCouncil Member Carter and seconded by Council Member Parish to approve the Consent Agenda with the exception of Items G, L, K, 0, P, Q, and R. MOTION carried, 7-0. 2. PUBLIC HEARING - ORDINANCE NO. (0)07-17 REPEALING ARTICLE 5-5, SECTION 5-5-1 (C) 11, COLLECTION OF FEES, OF THE TOWN CODE OF THE TOWN OF ORO VALLEY, ARIZONA AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Explanation: This item relates to Consent Agenda Item P above, revising code sections as g g necessary for the Magistrate Court to accept credit card payments for h VitalChek. and fines through court-related fees g hearing.Mayor Loomis opened the public There being no speakers, the public hearing was closed. MOTION: A motionby was made Council Member Abbott and seconded by Vice Mayor Dankwerth to adopt Ordinance (0)07-17, repealing Ordinance (0)05-47, amending Section 5-5-1, Fees, of the Town of Oro Valley Town Code, deleting C.11 eliminating the $5.00 online credit card payment service. MOTION carried, 7-0. G. Resolution No. (R)07-45 Affirming the Town of Oro Valley's commitment to share in the construction of a dog park to be built in the Canada del Oro Riverfront Park contingent on the successful procurement of a FY 2007 LRSP Heritage Fund Grant in the amount of$25,850.00 (Total amount of this project will be $51,700, the Town's contribution of $25,850.00 will be paid for with Recreation In-Lieu Fees) Discussion followedregarding re ardin concerns with the placement of the dog park close to the performance area at CDO Riverfront Park, distribution of the fees that would be charged, hours of operation for the dog park as they relate to g performances, possibleliability and licensing of dogs and Town's commitment to share in funding and provide matching funds for the Heritage Fund Grant. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve Resolution (R)07-45 affirming the Town's commitment to share in the construction of a dog park at Canada del Oro Riverfrontcontingentupon Park u on the receipt of a grant from the 2007 LRSP Heritage Fund grant program. 03/21/07 Minutes, Council Regular Session 5 MOTION carried, 7-0. K. Resolution No.(R)07-36 Accept the Bid and Award of Contract to Underwood Bros., Inc. dba AAA Landscape in the amount of$64,014.00 for the annual Town Wide Landscape Maintenance Project, Project No. OV 30 06/07 03 MOTION: A motion was made by Council Member Abbott and seconded by Council Member Carter to continue this item to the next Council meeting so that Council can review the other bids that were not accepted. MOTION failed, 3-4 with Council Member Carter, Council Member Gillaspie, and Council Member Abbott in favor. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve Resolution (R)07-36. MOTION carried, 5-2 with Council Member Carter and Council Member Abbott opposed. Council Member Abbott and Council Member Carter voted against the renewal due to concerns with the disparity in the bid amounts and the option to renew each additional year for five years. L. Resolution No. (R)07-37 Authorizing the Execution of Amendment #2 to the Intergovernmental Agreement with the State of Arizona for the HURF Exchange Funds to provide additional funding in the amount of $1,350,000 for the construction of the First Avenue Widening Project from CDO to Tangerine Road, Project No. OV 30 00/01 08 MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to approve (R)07-37 MOTION carried, 7-0. 0. Resolution No. (R)07-40 Approving a tentative Memorandum of Understanding between the Town of Oro Valley and the Public Safety Employee Group for the period of July 1, 2007 to June 30, 2008 Discussion followed regarding the Cost of Living Adjustment (COLA) for Public Safety Employees verses civilian employees, process followed is laid out by Town Ordinance, COLA is subject to availability of funding, 3.9% increase is suggested COLA for this next budget, 10 positions being looked at for possible salary market adjustments and final Memorandum of Understanding (MOU) with 03/21/07 Minutes, Council Regular Session 6 g public safety employees will be brought back to the Council for consideration with the final adoption of the budget. MOTION: A motion was made byCouncil Member Kunisch and seconded by p Council Member Parish to adopt Resolution (R)07-40 approving a tentative Memorandum of Understanding between the Town of Oro Valley and the Public theperiod of Jul 1, 2007 through June 30, 2008. Safety Employee Group for Y MOTION carried, 6-1 with Council Member Gillaspie opposed. • could not support the adoption of the Council Member Gillaspie stated that he pp that a competitive salary survey was performed by the tentative MOU stating p Human Resources Department which showed that Town employees are at about 3% higher than the average pay scale for the region. - Approval of a final plat for an 11 single-family lots, Naranja Q. OV12 06 03 pp located in proximity to the northeast corner of the Naranja Ranch Estates, Road and Shannon Road, Parcels 224-11-045A, 224-11-045B & 224-11- 049A MOTION: A motion was made byCouncil Member Parish and seconded by Vice Mayor Dankwerth to approve OV12-06-03 final plat for 11 single family lots in Narana Ranch Estates with conditions listed in Exhibit "A". Naranja EXHIBIT "A" Oro 1. The $12,965.51 recreation area in-lieu fee must be paid in full prior to the Valley Planning Director signing the mylar. 2. Address the comments from the Golder Ranch Fire District dated February 28, 2007. 3. Address the comments from Tucson Electric Power dated March 1, 2007. MOTION carried, 6-1 with Council Member Abbott opposed. Council Member Abbott stated that she could not support approval of this item as she felt that there was too much encroachment into the riparian area. pp R. Approval of the Town of Oro Valley 2007 Strategic Plan MOTION: A motion was made byCouncil Member Gillaspie and seconded by Council Member Carter to approve the Town of Oro Valley Strategic Plan for it be presented on April 18th to the public and Council as a 2007 and that Further, strike the items in parentheses under Financial possible action item. . Sustainability Goals, page 6, Item 2 -.=., - - -•=- " , - - - - as revenues, user fees) MOTION carried, 7-0. 03/21/07 Minutes, Council Regular Session 7 3. PRESENTATION AND POSSIBLE ACTION REGARDING OPTIONS FOR IMPLEMENTING AN EMPLOYER ASSISTED HOUSING BENEFIT Judy Lowe from the Tucson Association of Realtors presented a PowerPoint presentation regarding an Employer Assisted Housing Benefit program and highlighting the following: Tucson area real estate market status. Housing Arizona's Workforce Campaign (modeled after Fannie Mae Program.) Benefits: Homeowner Education Sessions, In Depth Counseling, Financial Element, Ability to tailor the program to fit an organization's specific needs and resources. . MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Abbott to direct Staff to implement the Human Resources Director recommended course of action as suggested (to work with the Tucson Association of Realtors to develop a series of free educational courses to be implemented during fiscal year 2007-2008 with possible future expansion of the benefit to include other options in later fiscal years depending on employee interest and available funding resources. Any future changes that have a financial impact on the Town would require Council approval through the regular budget approval process). Nor MOTION carried, 7-0. Recess at 8:12 p.m. Meeting resumed at 8:20 p.m. 4. RESOLUTION NO. (R)07-42 APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE FOURTH AMENDMENT TO LEASE-PURCHASE AGREEMENT, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT; APPROVING THE EXECUTION OF A FOURTH SUPPLEMENT TO TRUST INDENTURE; AUTHORIZING THE PREPARATION AND APPROVAL OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT AND THE EXECUTION OF THE LATTER; APPROVING THE ISSUANCE OF NOT TO EXCEED $22,000,000 TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION EXCISE TAX REVENUE REFUNDING BONDS, SERIES 2007, SECURED BY RENTAL PAYMENTS MADE PURSUANT TO THE LEASE-PURCHASE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, ARIZONA AND THE TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION, AS AMENDED BY THE FIRST, SECOND, THIRD AND FOURTH AMENDMENTS THERETO; • APPROVING THE PLEDGE OF EXCISE TAXES AS SECURITY FOR THE 03/21/07 Minutes, Council Regular Session 8 RENTAL PAYMENTS; AUTHORIZING THE NEGOTIATION OF THE BOND PURCHASE AGREEMENT CONCERNING THE SALE OF THE CORPORATION'S BONDS; SETTING CONDITIONS AND PARAMETERS H AUTHORIZING THE APPOINTMENT WITH RESPECT TO SUC SALE; OF A DEPOSITORY TRUSTEE; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A DEPOSITORY TRUST AGREEMENT; AUTHORIZING MULTIPLE SERIES OF BONDS; AUTHORIZING THETA TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; DELEGATING CERTAIN DUTIES; AND DECLARING AN EMERGENCY Finance Director Stacey explained lained that this item is regarding the p refunding of existing outstandingbonds relating to the issuances from 1996 ' ' s 2000 (Naranja Land acquisition) and (2001 (Water Company acquisition (Watertandin Improvements and Library). She explained that the existing outstanding rate is m p rove m ry) and the new estimated average rate is 4.4 percent. averaging at 5.3 percentKeith Staff has been working with Mark Reader from Stone and Youngberg and Hoskins from the law firm of Gust Rosenfeld to prepare the documents for the refunding. She also reported that the Town has just received an A+ rating from Poor's has upgraded and that Standard and the Town's rating from A+ to future savings. Ms. Lemos further reported that the AA- rate which will result in g refunding would result in net estimated cash flow savings of almost $2.3 million with a net present value at $1,097,000. Ms. Lemos reported that the preliminary relimina bond sale date is March 28th with a bond closing date of April 19th. MOTION: A motion wasby made Vice Mayor Dankwerth and seconded by Council Member Parish to approve Resolution (R)07-42, authorizing the issuance Municipal Town of Oro ValleyMunici al Property Corporation Excise Tax Revenue Refunding Bonds, Series 2007. MOTION carried, 7-0. 5. PUBLIC HEARING ORDINANCE NO. (0)07-18 AMENDING THE TOWN VALLEY TOWN CODE, CHAPTER 15, WATER CODE, OF ORO ADOPTING SECTION W 15-19-12, GRAYATER USE; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH Kevin McCaleb, Water Conservation Specialist, presented a PowerPoint presentation and reviewed the following: -Purpose and background of graywater harvesting. p -18-12-Gra -Code Language recommended for Section 15 water Use.15-18-12-Graywater -Review and approval process. AJ',®.: 03/21/07 Minutes, Council Regular Session 9 Discussion followed regarding costs of adding separate systems, restrictions and guidelines. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to adopt Ordinance (0)07-18, amending the Town of Oro Valley Town Code, Chapter 15, Water Code, adopting Section 15-18-12, Graywater Use and repealing all resolutions, ordinances, and rules of the Town of Oro Valley in conflict therewith. MOTION carried, 7-0. 6. PUBLIC HEARING - ORDINANCE NO. (0)07-19 AMENDING THE TOWN OF ORO VALLEY TOWN CODE, CHAPTER 15, WATER CODE, ADOPTING SECTION 15-18-10, RESIDENTIAL RAINWATER HARVESTING; AND ADOPTING SECTION 15-18-11, RAINWATER HARVESTING FOR COMMERCIAL AND MASTER SUBDIVISION DEVELOPMENT PROJECTS; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN 41. CONFLICT THEREWITH Water Conservation Specialist Kevin McCaleb reviewed a PowerPoint presentation regarding residential and commercial rainwater harvesting including: -Purpose and background. -Passive System -Active System -Code language for Section 15-18-10, Residential Rainwater Harvesting. -Code language for 15-18-11, Commercial and Master Subdivision Development Projects. -Review and Approval Process. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Dankwerth to adopt Ordinance (0)07-19, amending the Town of Oro Valley Town Code Chapter 15, Water Code, adopting Section 15-18-10, Residential Rainwater Harvesting; and adopting Section 15-18-11, Rainwater Harvesting for Commercial and Master Subdivision Development Projects; and repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith. MOTION carried, 7-0. 03/21/07 Minutes, Council Regular Session 10 7. PUBLIC HEARING - ORDINANCE NO. (0)07-20 AMENDING THE 2006 INTERNATIONAL RESIDENTIAL CODE, CHAPTER 38, POWER AND LIGHTING DISTRIBUTION, ADOPTING SECTION E3801.12, ADDITIONAL OUTLETS; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN HEREWITH; PRESERVING THE RIGHTS AND DUTIES CONFLICT T , THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Kevin McCaleb reviewed a PowerPoint Presentation highlighting the following: -Additional outlets for point of service recirculation system. -Background and purpose. -Code language for Section E3801.12, Additional outlets. -Review and approval process. Discussionregarding:followed re ardin : costs of implementing a point of service recirculation system, cost savings, purpose of Code change is to facilitate those g , who want to implement this for water conservation purposes, etc. Mayor Loomis opened the public hearing. Alex Jacome, representingSouthern Arizona Homebuilder's Association 2840 N. CountryClub, stated that they would like to see language (SAHBA) added that addressed minimum and maximum run lengths that would dictate whether a switch was needed. Mayor Loomis closed the public hearing. MOTION: A motionby was made Council Member Abbott and seconded by Council Member Carter to adopt Ordinance (0)07-20, amending the 2006 International Residential Code, Chapter 38, Power and Lighting Distribution, adopting Section E3801.12, Additional Outlets, repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith. Discussionregarding followed re ardin amending the motion to direct staff to continue looking at the ordinance for ways to make the ordinance make more sense on items i.e. length of runs, etc., waitingto adopt the ordinance until appropriate language is available, it is the owner's option to add a recirculation pump, and taking every measure possible to save water. Y MOTION carried, 4-3 with Vice Mayor Dankwerth, Council Member Kunisch, and Council Member Parish opposed. Vice Mayor Dankwerth and Council Member Kunisch opposed the adoption of Ordinance (0)07-20 as theyfelt that it was better to provide the appropriate 03/21/07 Minutes, Council Regular Session 11 language before adopting and that the builders and customers have the right to choose this feature rather than it being mandated. 8. PUBLIC HEARING - ORDINANCE NO. (0)07-21 AMENDING CHAPTER 15, ARTICLE 15-23 OF THE ORO VALLEY TOWN CODE ENTITLED "BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL PROGRAM"; AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OFO ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Water Utility Director Philip Saletta reviewed a PowerPoint presentation regarding Backflow Prevention and Cross Connection Control Program highlighting the following: -Proposed revisions Fire systems Reclaimed water and graywater use Test notifications Testing fees -Revision process Mayor Loomis opened the public hearing. There being no speakers, the public lir hearing was closed. MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Dankwerth to adopt Ordinance (0)07-21, amending Chapter 15, Article 15-23 of the Town of Oro Valley Town Code entitled "Backflow Prevention and Cross-Connection Control Program", and repealing all resolutions, ordinances and rules of the Town of Oro Valley in conflict therewith. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 9:15 p.m. The meeting resumed at 9:20 p.m. 9. RESOLUTION NO. (R) 07-43 PROVIDING NOTICE OF INTENT TO ESTABLISH AND INCREASE POTABLE WATER DEVELOPMENT IMPACT FEES FOR THE ORO VALLEY WATER UTILITY Philip Saletta, reviewed a PowerPoint presentation regarding Potable Water System Development Impact Fee/Notice of Intent and highlighted the following: -Introduction and background -Based on General Plan Area and Potable Water Master Plan -Relates to growth related items not existing system improvements. 03/21/07 Minutes, Council Regular Session 12 -Comments from Stakeholders SA H BA Homebuilders Metropolitan Pima Alliance Tucson Realtors Northern Pima County Chamber -Synopsis of Impact Fee Requirements -Fee Basis and Water System Infrastructure Components -Current fee: $1774 for new 5/8 inch water meter -Calculated cost increase to $2567 (increase of $793 or 45%) -Re-evaluate fees at end of 10 year period -Report Review/Tables -Inform and involve School District -Inform and involve Parks Department -Equivalent Dwelling Units (EDU) and Meter size data -Further review of residential and commercial demand adjustment factor -Notice of Intent -June 6th for public hearing, Date for consideration of adoption can be set 14 days later as June 20th. If adopted, fees become effective September 19, 2007. -History, process and schedule : meter size (5/8 vs. 3/4 , meter ratios and data, Discussion followed regarding ) EDUs based on 5/8 meter (size installed in most homes in Oro Valley), fees p would be for new developments and not for existing residences, if wait 90 days- capital ays-capeta investments would lose revenues over that period if not adopted in September), asking developmentpay that a its own way and the Town has realized significant cost increases over the past 3 - 4 years and are trying to catch up on growth related items. Mayor Loomis commented that we would have the opportunity to make adjustments to this item duringthe public hearing phase or at the time of the actual adoption of the ordinance. Mayor Loomis opened the floor for public comment. Alexrepresenting g Jacome, resentin Southern Arizona Homebuilder's Association 2840 N. CountryClub, commented that there are other ways to finance (SAHBA), this than to increase the impact fees and asked for ninety days t0 study this. Dan Anglin, representing g resentin the Tucson Association of Realtors, also requested a ninety dayextension to allow time to find an alternative source. He stated that affordable housing was their main concern and any raise in cost was a concern. MOTION A motion was made byCouncil Member Abbott and seconded by Vice Mayor Dankwerth to ado t Resolution (R)07-43, providing Notice of Intent to 03/21/07 Minutes, Council Regular Session 13 establish and increase Potable Water Development Impact Fees for the Oro Valley Water Utility. MOTION carried, 7-0. 10. RESOLUTION NO. (R) 07-44 PROVIDING NOTICE OF INTENT TO ESTABLISH AND INCREASE ALTERNATIVE WATER RESOURCES DEVELOPMENT IMPACT FEES FOR THE ORO VALLEY WATER UTILITY Philip Saletta reviewed a PowerPoint presentation and highlighted the following: -Background Based on General Plan area. Balances future costs between existing customers and new development. -Comments from Stakeholders SA H BA Various homebuilders Metropolitan Pima Alliance Tucson Realtors Northern Pima County Chamber -Water Use and sources of supply Sustainable Groundwater Production - 5,500 Acre Feet (Takes into consideration information on aquifer underlying the Town.) 4111w -Need for reclaimed and CAP water -Fee basis -Alternative Water Resources Projects and Costs Total cost $139.6 million -Options for implementation Development community recommending a 3 increment phase-in period. -Report and table review. - Public hearing set for June 6th with consideration of adoption on June 20th. Mayor Loomis opened the floor for public comment. Ramon Gaanderse, Executive Director of Metropolitan Pima Alliance, thanked the Town for including them in discussions on this item. He then stated that the proposed increase in fees and rates is significantly higher than those of the surrounding areas. He stated that their concerns were for the size of the increase and lack of phasing. He stated that this would be a burdensome impact to commercial development. He asked that they be given more time to work things out and he proposed that there be ongoing meetings with stakeholders. Dan Anglin, Tucson Association of Realtors, stated that there are alternative ways to fund these needs and the Association is concerned because builders are saying that commercial development will come to a halt. 03/21/07 Minutes, Council Regular Session 14 Alex Jacome, SAH BA, 2840 N. CountryClub, stated that he does not understand why the Town is not waiting for the Carollo's Engineer report. He stated that alternative water and potable water are not separate issues and that the combined rates will put the Town out of business and construction will stop. He said that the stakeholders deal withwater utilities and he requested a 90 many day extension so they can work things out. Discussion followedregarding re ardin the fact that the Town has made other what we are doing; most entities believe that it this is necessary entities aware of g costs and will be looking at their impact fees; waiting and are all sharing similar until the new Carollo Engineer's report ineer's re ort comes out before acting on the Alternative Water Resource Development Impact ment Im act Fees and what impact would this have on the Town with regards to commercial development. • was made byCouncil Member Carter and seconded by MOTION: A motion p Council Member Abbott to adopt Resolution (R)07-44, providing Notice of Intent to increase Alternative Water Resource Development Impact Fees for the Oro Valley Water Utility. regarding comparisons between turf uses for schools Further discussion followed reg g and golf courses, moving forward to recover true costs of bringing water in and needingbest information before moving forward, making adjustments later, Carollo Engineer's report will provide more information on how the water would be delivered, types/sizes of stations, cost studies, ranges and options pumping in p g for alternatives, this reports should be delivered to the Northwest Water Providers by summer with further presentation in the Fall and not risking future commercial development and the revenues that they represent. h MOTION carried, 4-3 with Vice Mayor Dankwerth, Council Member Kunisch, and Council Member Parish opposed. Vice Mayor Dankwerth and Council Members Kunisch and Parish opposed the as felt that more information was needed adoption of Resolution (R)07-44they and wanted to wait until the Carollo Engineer's report was provided. 11. INVENTORY OF VACANT AND UNDEVELOPED LAND IN ORO VALLEY E UEST DIRECTION TO ISSUE TO R A REQUEST FOR REQUEST QUALIFICATIONS TO CONTRACT FOR TECHNICAL ASSISTANCE FOR THE INVENTORY AND FOR PERMANENT SIGNAGE ON THE SITES IDENTIFYING DEVELOPMENT POTENTIAL Director Sarah More explained that staff is asking for Planning and Zoning direction regarding expanding ex andin the Town's available information regarding vacant and developing parcels. Staff is asking that an inventory be completed to 03/21/07 Minutes, Council Regular Session 15 further update the Town's GIS information and provide signage on properties to indicate future development. Discussion followed regarding providing residents with more information regarding development, providing an inventory of vacant land and placing information on the Town's website, physical posting of property, more signage is not the answer, looking for potential "hot spots", time-limits on Planned Area Developments (PAD) and improving outreach to citizens. Mayor Loomis asked that staff look into costs to provide additional links to the Town's website regarding zoning, access to the Pima County Assessor's Office, etc. FUTURE AGENDA ITEMS - None presented. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to adjourn at 11:22 p.m. MOTION carried, 7-0. Prepared by: Roxana Garrity, CMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 21st day of March 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2007. Kathryn E. Cuvelier, CMC Town Clerk Draft MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 14, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER: 5:30 P.M. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Kenneth Carter, Council Member Paula Abbott, Council Member Al Kunisch, Council Member EXCUSED: Barry Gillaspie, Council Member Terry Parish, Council Member 1. WATER RATES ANALYSIS %or Water Utility Director Philip Saletta gave a power point presentation of an overview of the preliminary results of the Water Rates Analysis: Financial Considerations • Tiered Structure From 3 Tiers to 4 Tiers Pricing for Water Conservation • Groundwater Preservation Fee (GPF) Gradual increase over 5 years Relation to AWRDIF • Bond Refunding/Refinancing Basic Assumptions • Growth - 400 new connections/year (500 EDUs) • 0 & M costs increased by 3% annually • Increased CAGRD costs • Acquisition of 3,557 AF of CAP water • Enterprise cash reserves used for most capital projects in first 2 years • Capital improvements financed in December 2008 • Reclaimed Phase 2 on line in 2008 • GPF transferred to AWRD for debt service • CAP Water Development estimated at $63.1M $3.66M debt service in Fiscal Year 2011-12 Town Council StudySession 2 03/14/07 Minutes, Financial Scenarios Evaluated • Evaluated 5 different scenarios Baseline Scenario A & B Scenario C & D • Basic assumptions in all scenarios Growth projections, 0 & M costs, CAP water rights, CAGRD p � � increase, Phase 2 of reclaimed water system, financing of capital Projects • Variable assumptions Tiered rate structure, increases to water rates, Groundwater Preservation Fee (GPF) and impact fees Baseline Scenario • Includes basic assumptions • Existing 3 tiered rate structure • No increases in water rates, GPF or impact fees Preliminary Results - - Only meets debt service coverage 1 of 5 years - AWRD fund out of cash in year 2 Enterprise Fund out of cash in year 4 Combined funds out of cash in year 4 Water UtilityAdministrator Shirley Seng reviewed Scenarios A - D: Scenario A • Includes basic assumptions • New 4 tiered rate structure (previously 3) • Annual water rate increases • Annual gradual increases to GPF (5 years) • Increases to AWRDIF and PWSDIF Preliminary Results - - Meets debt service coverage all years Meets cash reserve requirement all years New rate structure encourages conservation No future financing for growth related projects Impact to Customers in FY 07-08 • vera a residential customer uses 10,000 gallons per month A g and would experience a $3.94 increase per month. Consists of $2.44 for water use and $1.50 for GPF • New 4 tiered rate design will encourage water conservation. The more water a customer uses, the larger their water bill. Scenario B • Includes basic assumptions • New 4 tiered rate structure • Annual water rate increases • Annual gradual increases to GPF (5 years) • Increases to AWRDIF and PWSDIF • Includes proposed Bond Refinancing in 2007 03/14/07 Minutes, Town Council Study Session 3 Preliminary Results - - Meets debt service coverage all years Meets cash reserve requirement all years No future financing for growth related projects Impact to Customers in Fiscal Year 07-08 • Average residential customer uses 10,000 gallons per month and would experience a $3.69 increase per month. Consists of$2.19 for water use and $1.50 for GPF. • New 4 tiered rate design will encourage more water conservation. The more water a customer uses, the larger their water bill. Scenario C • Includes basic assumptions • Existing 3 tiered rate structure • Annual water rate increases • Annual gradual increases to GPF (5 years) • Increases to AWRDIF and PWSDIF Preliminary Results - - Meets debt service coverage all years Meets cash reserve requirement all years - No future financing for growth related projects Impact to Customers in Fiscal Year 07-08 • Average residential customer uses 10,000 gallons per month and would experience a $2.50 increase per month. - Consists of$1.00 for water use and $1.50 for GPF. • Existing 3 tiered rate design encourages water conservation. The more water a customer uses, the larger their water bill. Scenario D • Includes basic assumptions • Existing 3 tiered rate structure • Annual water rate increases • Annual gradual increases to GPF (5 years) • Increases to AWRDIF and PWSDIF • Includes proposed Bond Refinancing in 2007 Impact to Customers in Fiscal Year 07-08 • Average residential customer uses 10,000 gallons per month and would experience a $1.50 increase per month. Consists of $1.50 for GPF - no increase in water charges. • Existing 3 tiered rate design encourages water conservation. The more water a customer uses, the larger their water bill. Discussion followed on the proposed Scenarios. Mr. Saletta explained that an independent review of the water rates analysis will be performed by Red Oak Consulting (Division of Malcolm Pirnie). This review is to be completed by April ,,, 2, 2007. The consultant's opinion will be included in the final Water Rates la Analysis Report. 03114107 Minutes,Town Council Study Session 4 Mayor Loomis asked that staff prepare a schedule adding an additional scenario that uses the same growth assumption that Finance is using for the Town's budget (# of residences) as the driver for growth and present that additional scenario to the Water Utility Commission on April 9, 2007. UPDATE ON POTABLE WATER SYSTEM DEVELOPMENT IMPACT FEES AND ALTERNATIVE WATER RESOURCES DEVELOPMENT IMPACT FEES Water Utility Director Philip Saletta gave a power point presentation updating the Mayor and Council on the Water Utility Impact Fee Analysis: • Water Utility is responsible to look into water impact fee - Water Utility Commission recommended - Council provided direction at the last rate review • Groundwater Supply - 1980 Groundwater Code and Assured Water Supply - Sustainable Groundwater Production • Incorporates use of Renewable Water - Central Arizona Project & Reclaimed Water. • Based on the approved Potable Water Master Plan and General Plan Area. • Balances Future Costs between existing customers and new development. Mr. Saletta reviewed the Stakeholders Meetings that have been held since January 2007: • 1-8-07 Water Utility Commission meeting. • 1-9-07 Southern Arizona Homebuilder's Association (SAHBA) meeting • 1-24-07 Town Council Study Session • 1-30-07 Public Meeting • 2-12-07 Water Utility Commission meeting - recommendation on Water Development Impact Fees • 2-20-07 SAHBA Meeting • 3-5-07 SAHBA/Stakeholder meeting • 3-6-07 Metropolitan Pima Alliance • 3-?-07 SAHBA/Stakeholder meeting • 4-5-07 Northern Pima Chamber of Commerce - Government Affairs meeting Mr. Saletta reviewed the basis of need for the Potable Water System Development Impact Fee (PWSDIF) and the Alternative Water Resources Development Impact Fee (AWRDIF). Potable Water System Development Impact Fee • Current Fee: $1,774 for new 5/8-inch water meter (adopted in year 2000) • Town's 2006 Potable Water System Master Plan - In-Town water infrastructure specifically required to serve new growth 03/14/07 Minutes, Town Council Study Session 5 - $15.4 million for expansion projects over the next 10 years - 6,000 EDUs over the next 10 years (600 EDUs per year) $2,567 per EDU • Proposed Fee: $2,567 for a new, single family, 5/8-inch meter An increase of$793 or 45% • Fee adjustments for connections larger than 5/8-inch are based on AVVWA ratios. • Fee adjustments for other customer classes (multifamily; commercial and industrial; non-turf irrigation) are based on average water demands. • Assuming 600 EDUs per year, financing is not required. • Fees will need to be re-evaluated prior to the end of the 10-year period. Alternative Water Resources Development Impact Fee (AWRDIF) • Current Fee: $300 for new 5/8-inch water meter (adopted in year 1996) • Proposed Fee: $4,982 for a new, single family, 5/8-inch meter • Fee adjustments for connections larger than 5/8-inch are based on AVVWA ratios. • Fee adjustments for other customer classes are based on average water demands. • Financing is required. • Fees will need to be re-evaluated following design and construction. 41111, Groundwater Preservation Fee (paid by existing customers) • Debt service on $54.5 million $3.95 million annually • Current Fee of $0.25 per 1,000 gallons generates approximately $700,000 annually. • Oro Valley Water Utility staff will review the GPF as part of the next rate review. Mr. Saletta pointed out that it had been 7 years since the Potable Water System Development Impact Fee was adopted and 11 years since the Alternative Water Resources Development Impact Fee had been adopted with no fee increase. Concern was expressed that the increase costs of the impact fees may have the potential of slowing down development. Mayor Loomis asked that the Water Utility Director provide what the impact would be over the next 3 years based on the projected EDUs. Council Member Abbott asked for a breakdown of the costs of a 3/4" meter vs. a 1" meter size. Mayor Loomis recessed the meeting at 7:20 p.m. Meeting resumed at 7:30 p.m. " ' MUNICIPAL OPERATIONS CENTER - INTERIM OCCUPANCY PLAN 03/14/07 Minutes, Town Council Study Session 6 Civaliergave a power point presentation outlining Public Works Director Craig the four options of the Municipal Operation Center: Option 1 Phase 1 of Space Needs Recommendation: • 30,000 square feet Police Headquarters Building • Police 2/3 and Water Utility 1/3 Occupancy p • 21,000 square feet Department of Public Works (DPW) /Water Utility Maintenance Building • DPW /Water Utility Maintenance Facility • Follow normal Town development process • 3 year time frame to occupancy • Total Estimated Cost - $29,897,900 Option 2 Phase 1 of Space needs recommendation • Same construction as Option 1 • Process all approvals straight through Council • Use Design Building Construction process • 2 year time frame to occupancy • Possible 10% construction cost savings Reasons: • Reduced time to occupation • Construction delivery method • Total Estimated Cost - $27,460,800 Option 3 2 and 3 Year Scenarios 10,000 square feet of m placed laced in future parking areas for Phase 2 Occupants • Water Utility Administration and Operation staff • DPW Engineering Field Staff • Coyote Run Calle Concordia Impacts • ove DPW Operation administration staff to pink building M p • Return Modular to lessor • 2 Year Scenario - Total Estimated Cost - $1,614,600 (This includes costs for customer service amenities for the Water Utility) • 3 Year Scenario - Total Estimated Cost $1,719,000 (This includes costs for customer service amenities for the Water Utility) Option 4 2 and 3 year scenarios • 3000 square feet of modulars Occupants • Water Utility Operations Staff • DPW Engineering Staff • 03/14/07 Minutes, Town Council Study Session 7 • Coyote Run LP' Water Utility Administration staff would relocate to leased space Calle Concordia Impacts: • Move DPW operation administration staff to pink building • Return Modular to lessor • 2 Year Scenario - Total Estimated Cost - $425,600 • Water Utility Lease and Modular Cost - $775,600 • 3 Year Scenario - Total Estimated Cost - $455,600 Water Utility Lease and Modular cost - $930,600 Phase 2 Construction Activity • Water Utility / DPW/ Community Development Administration Building • Public Works Warehouse • Remainder of Site Work • Occupancy in 2014 • Total Estimated Cost - $24,820,300 Town Manager David Andrews explained that staff is asking Council to build 51,000 square feet of office space in Phase 1 at a cost of $30 Million. A lot of assumptions have been built in to the staff analysis. Staff feels that 51,000 SF is a good number and should take us through the next 5 - 7 years, depending upon how annexations work out. He explained that the existing square footage of town office space,totals roughly 60,000 SF. The consultant's study identifies a current need of about 100,000 SF, which shows a 40,000 SF deficiency today. Further discussion followed concerning the 4 options; the need for the additional space whether or not the Town conducts future annexations; designing the architecture to blend in with the surrounding neighborhood and follow the process with the DRB and the Rancho Vistoso Architectural Committee. Finance Director Stacey Lemos distributed and reviewed the handout of the rough estimated construction costs for the Municipal Operations Center: Summary: Total Square Footage - 51,000 Phase 1 Estimated Cost - $30,000,000 Estimated Annual Debt Service - $1.5 million - $2 million Funding Allocation: Water - 35% (18,400 sq. feet) $540,000 - $720,000 General Fund (PD) - 39% (20,000 sq. feet) $585,000 - $780,000 Hwy Fund (PW) - 25% (12,600 sq. feet) $375,000 - $500,000 Potential Funding Sources: • General Fund, Water Fund, Highway Fund Cash Reserves Nor Excise Tax Bonds (Town Sales Taxes) General Obligation Bonds (Secondary Property Tax) 03/14107 Minutes, Town Council Study Session 8 Greater r Arizo na Development ment Authority (GADA) Loan Barin objections to Mayor Loomis stated that he is not hearing anyOptions 1 and 2 and Y approval that includes a "design the process for plan development and plan as quicklyas can be done. The next build" type of contract to accelerate the task Yp step will be to understand what the costs are if Council decides to do Phase 1 and 2 at the same time. and the issue of placing modulars on the site so Options 3 and 4 were discussedit can be located together with the other water utility that Water Customer Service g functions without interfering with construction traffic. Civalier, Mayor Loomis told staff that Council In response to a question by CraigY forward with this project. Staff should work on the has directed staff to move scheduling and time table and if additional contracting support is needed, let Council know. er David Andrews, Mr. Civalier clarified what will At the request of Town Manager remain at the Calle Concordia site: Public Works Operations staff, Storm Water, Division and Parks and Recreation. Also, all heavy Street Division, Traffic equipment associated with streets and roads will remain at the Calle Concordia site. It was further clarified that ap t the completion of Phase 1, all of the streets heavy equipment moves out of Calle Concordia up to the southern portion of the Rancho Vistoso site. Mayor Loomis stated that Council will be discussing the financial aspects and since we are still in the planning stage of details of the buildings at a later time, this project. ADJOURNMENT Member Kunisch MOVED to adjourn the study session at MOTION: Council 8:40 p.m. MOTION seconded by Council Member Abbott. MOTION carried 5 - II 0. Prepared by: Lt-et,ace, Kathryn E. Cuvelier, CMC Oro Valley Town Clerk DRAFT MINUTES ORO VALLEY TOWN COUNCIL REGULAR MEETING APRIL 4, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER - 5:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Al Kunisch, Council Member EXCUSED: Barry Gillaspie, Council Member 4111ir EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to go into Executive Session at 5:32 p.m. for the following purpose: Pursuant to ARS 38-431 .03A(1) Town Magistrate's Annual Performance Evaluation Mayor Loomis announced that in addition to the Town Council, Town Magistrate George Dunscomb and Human Resources Director Sandra Abbey would be present in Executive Session. MOTION carried, 6-0. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to go out of Executive Session at 6:25 p.m. Motion carried, 6 — 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:00 p.m. 04/004/07 Minutes, Council Regular Session 2 ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K.C. Carter, Council Member Helen Dankwerth, Council Member Al Kunisch, Council Member EXCUSED:SED: Barry Gillaspie, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS the upcoming Town Manager David Andrews reviewedp g meetings and events. COUNCIL REPORTS Member Carter reported that he attended a neighborhood Council p the installation of a traffic signal at the La Cholla/Overton meeting regarding Ila and intersection. He stated i that a traffic light will also be nstalled at La Cho Lambert Lane. DEPARTMENT REPORTS - No reports. TOWN MANAGER'S REPORT Town Manager David Andrews announced that the Town Manager's recommended budget would be presented to the Town Council on April 18th. CALL TO AUDIENCE s regarding the E Wide View Court, expressed concern Dorothy Bowers, 2362 . property located at the corner of La Canada Drive and Tangerine rezoning of the prop y Road. She property questionedwhythis was rezoned as Office Park which prohibits the use of funeral home/crematoriums when these types of uses were the corner of Rancho Vistoso Boulevard and Vistoso Commerce approved at Loop. (Council Member Abbott requested that staff visit with Ms. Bowers during the break.) 04/004/07 Minutes, Council Regular Session 3 PRESENTATIONS a. Introduction of new the Greater Oro Valley Arts Council (GOVAC) Executive Director Michael J. Patch Michael Patch introduced himself to the Town Council as the new Executive Director of the Greater Oro Valley Arts Council. He reviewed the "State of the Arts" in the Town and highlighted public art, concerts and events in the Town. He commented that GOVAC is celebrating its 10 Year Anniversary and stated they will continue to promote the arts and entertainment in the community. b. Presentation by Dianne Miller regarding Organ Donation and presentation of proclamations by Mayor Loomis declaring April as "Donate Life Month in Oro Valley" and designating May 9, 2007 as "Dianne Miller Day" Mayor Loomis read two Proclamations into the record. The first proclamation recognized April as "Donate Life in Oro Valley" month and the other designating May 9, 2007 as "Dianne Miller Day" honoring and recognizing her survival as a liver transplant recipient and the inspiring accomplishments of her life since her transplant. Dianne Miller addressed the Council and audience and thanked the Mayor for the honor and recognition. She stated that since her transplant she has become an %Iv instrument to get people involved in organ donation. Her message is "Life: live it and give it. Ms. Miller recognized her donor family and all those who helped her through the healing process. She reported that Donatelife.net is the website address to sign up for organ donation. c. Inaugural Town Spirit Award from "Tangerine" Magazine Linda Golden Associate Publisher of "Tangerine" magazine reviewed the focus of the new magazine and stated that the first issue will be out in May 2007. She reported that local volunteers will be recognized each month in the new magazine. 1. CONSENT AGENDA MOTION: A motion was made by Council Member Parish and seconded by Council Member Carter to approve the Consent Agenda with the exception of Items C and I. MOTION carried, 6-0. A. Minutes - 2-13-07 B. Police Report - February 2007 C. Acceptance of the Oro Valley Public Library's "Planning for Results" rr 04/004/07 Minutes. Council Regular Session 4 Strategic Plan 2007-2012 to be sent to the Arizona State Library, Archives and Public, as amended (PULLED FOR DISCUSSION) -44 in the Acceptance D. Resolution No. (R)07 46 Authorizing of Bid and Award of Inc. in the amount of $199,999.00 for Oro Contract to Miura Contracting, Estates, Phase I - Retaining Wall, Project No. OV 30 Valley Country Club 06/07 07A - 47 Authorizing Resolution No. (R)07 the Acceptance of Bid and Award of Asphalt in the amount of $181,317.92 for Oro Valley Contract to Sunlandp Country Club Estates, Phase II - Pavement Rehabilitation, Project No. OV 30 06/07 B of contract for professional consultant F. Resolution No. (R)07 48 Award services tothe Mercer Group, Inc. in the amount of $51 ,000.00 for the g Department of Public Works Management Study and Strategic Plan Update 49 Declaring Resolution No. (R)07- as a public record that certain document filed with the Town Clerk and entitled "The 2007 Amendments to the Tax Code of the Town of Oro Valley, Arizona" H. Resolution No. (R)07- pp 50 Approval of an Intergovernmental Agreement for Elections Services between the Town of Oro Valley and Pima County Division of Elections effective through December 31, 2011 (R)07-I. Resolution No. 51 Authorizing and approving a Database Access between the Arizona Department of Transportation, Motor Agreement Vehicle le Division and the Town of Oro Valley for allowing the Town access to Motor Vehicle Division Access to Motor Vehicle Records (PULLED FOR DISCUSSION) C. ACCEPTANCE OF THE ORO VALLEY PUBLIC LIBRARY'S "PLANNING FOR RESULTS" STRATEGIC PLAN 2007-2012 TO BE SENT TO THE ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC, AS AMENDED (PULLED FOR DISCUSSION) MOTION: Aby motion was made Council Member Abbott and seconded by nisch to accept the Oro Valley Council Member Ku Public Library's "Planning for p Strategic Plan 2007-2012 to be sent to the Arizona State Library, Results" g Archives and Public Records as amended. MOTION carried, 6-0. I. RESOLUTION NO. (R)07- 1 AUTHORIZING AND APPROVING A DATABASE ACCESS AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION AND THE T0WN OF ORO VALLEY FOR ALLOWING THE TOWN 04/004/07 Minutes. Council Regular Session 5 ACCESS TO MOTOR VEHICLE DIVISION ACCESS TO MOTOR VEHICLE RECORDS MOTION: A motion was made by Council Member Abbott and seconded by Vice Mayor Dankwerth to adopt Resolution (R)07-51 authorizing and approving a database access agreement between the Arizona Department of Transportation, Motor Vehicle Division and the Town of Oro Valley for allowing the Town access to motor vehicle records. MOTION carried, 6-0. 2. PUBLIC HEARING - RESOLUTION NO. (R)07- 52 OV8-07-01 APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE REPLACEMENT OF EXISTING POWER POLES AND ELECTRIC UTILITY WIRES, LOCATED ALONG THE WEST SIDE OF LA CHOLLA BOULEVARD BETWEEN LAMBERT LANE AND OWL HEAD PLACE, AND FOR A POLE REPLACEMENT ON LUCERO ROAD, EAST OF LA CHOLLA BOULEVARD Larry Lucero, Tucson Electric Power, 1 S. Church, explained that this application was for a Conditional Use Permit (CUP) to allow the replacement of existing power poles and cable. He explained that the completion of this project would alleviate circuit overload situations in two areas in the community. He reviewed a PowerPoint presentation depicting the areas and explained that they will also be adding new conductors to the two troubled circuits. He further explained that when La Cholla Boulevard is widened in the future, TEP will work with the Town on placement, undergrounding, etc. Planning and Zoning Director Sarah More noted that a Town Ordinance requires undergrounding of lines of this length, so a CUP is required for this work since the replacements will not be undergrounded at this time. She also reported that when the road widening occurs, Town staff will work with TEP on possible undergrounding. Town Engineer Craig Civalier further explained that the road widening for this area is scheduled for 2021 (per the Regional Transportation Authority (RTA) plan). Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to approve Resolution (0)07-52, OV8-07-01, Conditional Use Permit to allow for replacement of existing power poles and electric utility wires, located along the west side of La Cholla Boulevard between Lambert Lane and Owl Head Place and for a pole replacement on Lucero Road, low east of La Cholla Boulevard. 04/004/07 Minutes. Council Regular Session 6 Member Abbott asked to amend the motion by adding language Council � the Town TEP would paytheir fair share as determined by delineating that nd Council when La Cholla Boulevard was widened. Vice Mayor Dankwerth a Member Kunisch did not accept the amendment stating that it was Council unnecessary at this time and that in 2021 there may be other avenues for funding. Council Member Abbott MOTION carried, 5-1opposed as she felt that the with . ' commitment to paytheir fair share should be added. wording regarding TEP's AND POSSIBLE CONSIDERATION APPROVAL OF FINANCIAL �. THE ARIZONA A C HAPTER OF PARALYZED VETERANS SUPPORT TO Tri OF AMERICA Town Manager David Andrews reported that the Arizona Chapter of Paralyzed for Council's support Athletes is asking to send four athletes to the 27th National Wheelchair Games to be held in Milwaukee, Wisconsin. Practitioner at the VA Hospital and Coach of the athletes Karen Gialle, Nurse She video which depicted the 26th National Wheelchair Olympics. previewed a p _ to take 19 athletes from Arizona to the 27th National stated that they hope d the Games. She then introduced Joe Chitty and Steve Hymus who addresse Council regarding the benefits of the disabled Veterans attending these events. MOTION: A motion was made byCouncil Member Parish and seconded by Council Member Kunisch to approve the funding request from the Arizona I zed Veteran Athletes, in an amount of $6,000Chapter of Para from they � and also Fund to support the National Veterans Wheelchair Games Contingency pp policy direct staff to bringa back to Council regarding contributions and donations so that the Council can discuss the process and formalize the process prior to the Budget process. Discussion followedregarding re ardin the obligation to help those that served our programs Country and the impact ro of these rams on the the lives of the soldiers and their recovery. Abbott stated that she is a strong supporter of Disabled Council Member Veterans but she expressed concerns about the tight budget and the timing of that other this request. She also statedorganizations have been turned down in the past if their requests were untimely and she was concerned about the fairness issue. She also pledged 5100 from her family to help. Vice Mayor Dankwerth stated that she was very aware of the budgetary process and the funding issues. She stated that this wasn't so much a financial decision pp but an obligation of the Town to support this request. She stated that this year's Contingency Fund islargerexpected than and she felt that it was a wonderful 04/004/07 Minutes Council Regular Session 7 CiPw opportunity for the Veterans to be able to attend the Games. Council Member Parish explained that this was not a last minute request and there is currently not a formal process for organizations to request funding of this type. MOTION carried, 5-1 with Council Member Abbott opposed due to the timing of the request and the fairness issue. 4. FUTURE AGENDA ITEMS Council Member Abbott - Investigate what other municipalities are doing to integrate solar energy into their development plans. CALL TO AUDIENCE - No speakers ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Parish to adjourn at 8:48 p.m. MOTION carried, 6-0. Prepared by: Roxana Garrity, C M C Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 4th day of April 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2007. Kathryn E. 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U CD __._ O s i N .� _ '>! 0 co 1 — Cl) N , W to JFx.MLiL:J:4:}iCL:iLW.SAN,46:✓.iN)K:%4:4xsiwiRwwVL:C4WiW.KW}Si00�OCti,K:n'Gvi4v5:9WiiG:9V,:bii}:; c■ - ...:,.4`-.. :..:.:..:.:..;.;nw;,4}i:M!•:ss^:M'.,,,}}:n.;s.,,.:l.:v,.;v..xn:sn:}}y:av,.:r.;::..::::.... ^0) 1 •t'`. , O o) . :: a�w�exa}xaeassccc h�aa}araa•c a u rx>s. .... ... .....:: v' 4 .7.1. f N N 41'— N D 'Ni-4;:',�,,,,, P r i.K F r0 1:) !a;,a 'az:,F 3 i� , ..v:•::•.•x n•,:::�.._.•.:::::•:-nrnay.•.on:.,n,--v.•.•nno::n.w w.•n.,...s}.,•..n.:v n.,.:..,... / :. . :k : O O O O C) O O C) i , , O O O O O C) O Ea 4 ` O O O p o O O O O O O p O O O R CO to '' co N O .- O N- Ef3 d9 d4 d4 } (3,1 Ef} ..-- / 0 0 N LU Nt TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 18, 2007 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: David Welsh, Economic Development Administrator SUBJ: Economic Development Division Monthly Report SUMMARY: Attached is a status report from March 1, 2007 — March 31, 2007. ATTACHMENTS: Economic Development P' "sion Monthly Report /w � David elsh, Economic Development Administrator 04-4,7 David Andrews, Town Manager C __, U 0 C O C.) W -0 . _ CO L.- MI =NMI■ =NMI O CI LEIN CZ 2 -oc .4--i 0 >, w co i-.- O 0... .713 CO A-4 > (1) la) 0 i-- 0 S.- (/) E ct 0 •— U E 0 cp. —, O -0 (I E E a_ >,0 ...., . o o < u) ... i-- w 0 _. w_a >a) —, ,,,,C ti — Ufl C (D -i-0 -I- CD CO 0 > Cli 73 O ,- co c O c.LI 0 min O •� 0 co O cn LL >, E U a. QmQW 4"44. ,,$fir Mks 111 A Mi Cu r <r >1 0 /g../,.I I 1141A eal***%s *SIP I 0 -C ININ 1 O O c° L--O c__) N = O N O O � N N tps _c 4/3 Q O r N 3f�;?Jo; C 0 c L_) 77)OM 1.--- -C C � o 0 D v) '''''',, a) 0 _.0 n . 73 a) c3) v) . >. (,) . 0 ag .>— c v) E .SI2 o o 0) -16 0 N Z Q 0 a .— � � > E ami V)a) v) 0 ci) 0 L- v) 0 N 6L-7: 0 t-- 0 c o c c — C 0 N N Q 0 E..) N Li= v) a) •.... c --0 c 0 44-.... 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O 0 cD 8 2 ca I— •1.– 42 c 2 ...... c NO 73 .0 "0 0 "0 .° 'CD -C) (I) -- a) cm -c D "0 c -0 0 -0 92 -3 c = c a) c › a_ 0 2 ocu .c-F, a) = -4-•,,,, Q ° Q a- Q § 2 ,•,; • • • • U `4 r$�R1M1�ya n4i', i G� tY�qal a) &j 2 0 in o ... c 8 8 0 yyn q Y Ss ,y�t cm 0 •..... a) ca co ce z .0 0 ,„. cn 0 &,.. (1) a) 0 C C •MIN al c 0 ■ mIllm 54) o 22IN. „In-' c N •- 13 I-1-1 CO •L. L-1 CL 73 0 < CD (I) _C .> U C a) ›N .4=1 4..0 ..NE iiimm CD .92 0 V ..13 ED_ —c-6 a) x D 0._ > 2 I-1-1 am U a I TOWN OF ORO VALLEY ,OUNCIL COMMUNICATION MEETING DATE: APRIL 18,2007 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police SUBJECT: Resolution (R)07-. 53 Renewal of I.G.A. with Pima County reference Pima County Jail Housing SUMMARY: The I.G.A. (Intergovernmental Agreement) with Pima County that permits us to house Oro Valley municipal prisoners in the Pima County Jail is once again up for renewal. As you are aware this was made necessary by the law passed in the 1989 Arizona Legislature, which mandates that cities and towns pay for that service. Pima County has set this year's fees as follows: $166.08 to cover booking and intake expenditures and prisoner housing for the first day and $62.79 per day for each prisoner day following the first day. This amount has changed from last year in that the first day fee is lower by $0.20 per day and the second day fee has increased by $5.33. The difference for a prisoner staying two days is an overall increase of $5.13. The alternative, of course, is to house our own municipal prisoner which would be cost prohibitive. FISCAL IMPACT: FY 2007/2008 budget=$130,000 ATTACHMENTS: . Resolution No. (R) 07-53 2. Three(3)originals of the Intergovernmental Agreement(I.G.A.)for payment of the incarceration of municipal prisoners for fiscal year 2007/2008. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 07-53 be adopted. C\;, - -0-, re Daniel G. Sharp, Chief of Police gmb' David L. Andrews, Town Manager RESOLUTION NO. (R) 07- 53 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN T' TOWN OF ORO VALLEY AND PIMA COUNTY FOR PAYMENT OF COSTS OF INCA CERATIN OF MUNICIPAL PRISONERS IN THE PIMA COUNTY JAIL. WHEREAS, pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into and or renew an Intergovernm Agreementjoint pental for and cooperative action with Pima County for the payment of costs of incarceration of municipal prisoners in the Pima County jail; and ASpursuant to A.R.S. 31-121, an individual may be incarcerated in a county jail and the costs of WHEREAS, § shall bepaid bythe municipality having established the municipal court of which the charges have incarceration p been filed; and WHEREAS, Pima County shall receive and detain all municipal prisoners who are medically fit to be incarcerated in the detention facilities maintained and operated by the County: and WHEREAS, the Town shallpay a first day billing rate to cover booking, records expenditures, and prisoner housing the in amount of$166.08 and pay a second billing rate of$62.79 for each day thereafter that the prisoner is in the control of the County; and WHEREAS, it is in the best interest of the Town to renew the Intergovernmental Agreement attached hereto as Attachment"A" and incorporated herein by the reference, in order to set forth the terms and conditions relating to the incarceration of municipal prisoners in the detention facilities maintained and operated by Pima County for a p term effective July 1, 2007 through June 30, 2008. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement between the Town of Oro Valley and Pima County for the payment of costs of g g incarceration of municipal prisoners in the Pima County jail is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are herebyauthorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 18th day of April , 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Town of Oro Valley Contract No. Slow INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF ORO VALLEY AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to ARS § 11-952 (as amended) by and between: THE TOWN OF ORO VALLEY, a municipal corporation, (hereinafter sometimes referred to as the "Town"); and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the "County"), NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: 1. County will receive and detain all municipal prisoners who are medically fit to be incarcerated by County. County will provide booking services, and after booking, it will provide for the care, feeding and medical care of said prisoners, except as covered in paragraph 8. 2. Town of Oro Valley will pay a first day billing rate of $166.08 dollars to cover booking and intake expenditures and prisoner housing. For each prisoner day following the first day, the Town of Oro Valley shall pay $62.79 per day. The two rates are applicable to the period of July 1, 2007 through June 30, 2008. The billing day as defined herein applies to each Town of Oro Valley prisoner who is an inmate in, or under control of the detention facilities maintained and operated by the County. 3. "Town of Oro Valley Prisoner" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Oro Valley Court, as a result of an agreement between the Town of Oro Valley and another jurisdiction to allow the person to serve his sentence locally, or has been sentenced pursuant to an order of the Town of Oro Valley Court and for whom the Town of Oro Valley has the legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under current Arizona Law). A prisoner arrested by the Town of Oro Valley Police Department solely on another governmental entity warrant is not a Town of Oro Valley prisoner. Page 1 of 6 r ' 4. Criteria and Rules Governing Billing: day"A "billable da " is defined as that period commencing at 0000 hours and ending at 2359 hours that same day, or any fractional part thereof, of any day the Town of Oro Valley prisoner is in the custody or control of detention facilities maintained and operated by the County. bY . "Billable custody" is defined as any pretrial custody involving a misdemeanor offense which will be tried or adjudicated in Town of Oro Valley Court; OR, any custody pursuant to a sentence imposed by the Town of Oro Valley Court. c. jurisdiction"Local limited courts" are defined as those whose criminal jurisdiction is limited to misdemeanors. 5. Criteria for Assessment of Billing: a. The costs of incarceration of Town of Oro Valley prisoners shall commence on the day the inmate was booked or held based upon a Town of Oro Valley charge into Town of Oro Valley Court or sentenced by Town of Oro Valley Court. Costs for incarceration shall cease under the guidelines established earlier in this agreement under the definition of"billable day." prisoner a When is in custody for a charge or sentence from more than one localjurisdiction limited court, the billing charges for days of joint custody shall be apportioned. Costs of incarceration for days of joint custody shall be pp apportioned evenly based on the guidelines established under the definition of "billable amongday" g those jurisdictions from which joint custody arises. prisoner A Town of Oro Valley who is subsequently charged into Pima Superior Court and held in-custody on felony charges, will cease to accrue billing charges es after 2359 hours on the date that custody for felony charges is g established. Felony custody shall take effect on the date when charging information is received in the Pima County Adult Detention Center Records Section and thep risoner is actually being held in-custody on the felony charges. d. In the event of an escape, billing charges will cease to accrue after 2359 hours of the day escape,e, or, in the case of a failure to report from authorized p leave, billing charges es will cease after 2359 hours of the last day of custody. Billing chargeswill begin again on the day that the prisoner is recaptured and g is actually being held in the Pima County Detention Facility. 6. Countywill submit a statement of Town of Oro Valley prisoner charges on a monthly basis. This statement shall provide information in alphabetical order as follows: Page 2 of 6 name of prisoner, booking date and hour, release date and hour, indication of booking day billing or subsequent day billing, billing period, daily rates, total billing days, and the total bill. The Town shall be allowed access to necessary computer systems in a timely manner to verify the billing. Any individual prisoner charges contested shall be made known to the County within 30 days after receipt of the monthly billing. If the Town notifies the County of a dispute within 30 days of receipt of the monthly billing, the Town may withhold payment on those specific prisoners for whom billing is disputed until the dispute has been resolved. No dispute will be accepted if not made within 30 days after the receipt on the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid within 30 days of resolution of the dispute. Charges remaining unresolved after the 60-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10th day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when a check is sent to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. 7. Transportation of prisoners to Town of Oro Valley Court or other locations, only as ordered by the Town of Oro Valley Court, shall be the responsibility of the Town of Oro Valley. The County shall be responsible for transportation of prisoners for medical care after the prisoner has been in jail custody for ninety minutes or more. 8. In regard to booking and related services and procedures, upon submission of the completed booking document to the Jail Intake Support Specialist County will immediately accept into jail custody all Town arrestees that present no obvious health issues that make the prisoner medically unacceptable for booking. The Town agrees that such conditional acceptance will shorten the time officers spend in the booking process and benefit the Town. Within the initial ninety minutes, County medical personnel will make a determination as to the prisoner's medical condition. Town agrees that if the prisoner presents a serious, emergent medical problem requiring hospital examination or medical rejection for booking within 90 minutes of the time of booking, Town will send an officer to the jail to transport the prisoner for such medical examination or care as may be medically required as soon as possible. If a prisoner is taken from the jail for medical evaluation and returns to be incarcerated, the Town of Oro Valley will not be charged twice for the first day billing rate of $166.08. By accepting the prisoner for the initial 90 minute evaluation period County does not in any way accept responsibility for the cost of medical care to be provided Page 3 of 6 4 1 to thatp risoner should it be determined by County that the prisoner requires hospitalization or that prisoner is medically unacceptable for booking. County will p provide such bookingand related services as prescribed by operations plans jointly approved by the Town of Oro Valley Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July 1, 2007 through and including June 30, 2008. 10. Neitherart shall be obliged to the other party for any costs incurred pursuant to this p Y Agreement, except as herein provided. 11. Nothing in this Agreement shall be construed as either limiting or extending the g statutory jurisdiction of either of the signing parties hereto. 12. Eachart agrees to indemnify, defend and save harmless the other, their appointed p Y g boards and commissions, officials, employees and insurance carriers, individually and collectivelyfrom all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, andp p ro erty damage occasioned during the term of this Agreement for acts or omissions of such party. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than One Million Dollars ($1,000,000) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars p Y g ($100,000). The parties may fulfill the obligations of this Article by programs of self- insurance equivalent in coverage. 13. Thearties agree ree to be bound by arbitration, as provided in Arizona Revised Statutes, p q § 12-1501 et. seq., to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of$20,000 or less, exclusive of interest and costs. 14. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 15. Eitherart may, at any time and without cause, cancel this Agreement by providing p Y ninety (90) days written notice of intent to cancel. 16. This Agreement is subject to the provisions of ARS § 38-511. Page 4 of 6 17. Each party to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 18. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99-4, which are incorporated into this agreement by reference as if set forth in full. 19. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 411111. • Page 5 of 6 20. This document constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment signed by the parties. SIGNED AND ATTESTED THIS DAY OF 2007. ATTEST: TOWN OF ORO VALLEY, a municipal corporation Town of Oro Valley Clerk Mayor ATTEST: PIMA COUNTY, a body politic Clerk, Board of Supervisors Chair, Board of Supervisors Date Date APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL AUTHORITY: LEGAL AUTHORITY: Town of Oro Valley Attorney Deputy County Attorney Legal authority: ARS § 11-201, ARS § 11-951 through 954, ARS § 11-251 Page 6 of 6 Q 1 Intergovernmental Agreement Determination The foregoing Agreement between the Town of Oro Valley and Pima County has been review pursuant to A.R.S. § 11-952 by the undersigned, who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party represented by the him/her. Melinda Garrahan, Town Attorney Date: TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 18, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager 54 SUBJECT: Resolution (R) 07- Acceptance of Bid and Award of Contract for Magee Road Pavement Rehabilitation, Project No. OV 30 06/07 16 SUMMARY: This project consists of reconstructing the asphalt pavement on Magee Road 700 feet east of Oracle Road (see attached Project Cover Sheet). The work to be performed includes, but is not limited to: removal of asphalt pavement by pulverization, roadway grading, installation of 2" thick asphalt, utility adjustments, miscellaneous concrete removal, pavement marking, installation of traffic signal loop detectors, installation of concrete header, construction surveying, removal and replacement of a survey monument, and any other incidental work. As the property adjacent to the project is commercial, an Open-House was not held. The adjacent property owners will be notified by the Town and the Contractor a minimum of seven working days prior to the start of construction. In response to the advertisement for bids, the Town received five bid proposals. The bid proposals were opened by the Town Clerk's staff at 3:00 P.M. Tuesday, March 27, 2007. The following is a summary of the bids received along with the engineer's estimate: Contractor Total Bid Amount A & S Paving, Inc. $ 127,226.00 K & B Asphalt Company $ 180,674.40 Combs Construction Company, Inc. $ 221,255.00 Tucson Asphalt Contractors, Inc. $ 140,459.17 Southern Arizona Paving & Construction Company $ 134,763.90 Engineer's Estimate: $125,000.00 ATTACHMENTS: Resolution (R) 07 -54 Copy of Bid Advertisement Copy of Bid Tab of Contractor Project Cover Sheet 11. FISCAL IMPACT: Funding for this project is available from budgeted FY 06/07 Highway User Revenue Funds (HURF). TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Public Works staff recommends approving the bid and awarding the contract to A & S Paving, Inc. in the amount of$127,226.00 through the adoption of the attached resolution. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve Resolution (R) 07 - 54 OR I move to deny Resolution (R) 07 - 54 ro-- w� / a .,-/ f r l //,./C -- Jos odriguez, . n ineering Div. Manager y /1 �r ---7 ��..t.--ex ')--1/A1 1,(., -)0,-,(--A... alier ' " .,Town Engineer atson, Assistant Town Manager David Andrews, Town Manager RESOLUTION NO. (R) 07 -54 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO ACCEPT THE BID AND AWARD THE CONTRACT TO A & S PAVING, INC. FOR THE MAGEE ROAD PAVEMENT REHABILITATION PROJECT NO. OV 30 06/07 16. WHEREAS, the roadway improvement within the Town's right-of-way is necessary to the public health, safety, and welfare in order to provide for the safe and effective movement of and vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providing for the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to accept the bid and award the contract to A & S Paving, Inc. for the Magee Road Pavement Rehabilitation Project No. OV 30 06/07 16. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing the Mayor to accept the bid and award the contract to A & S Paving, Inc. for the Magee Road Pavement Rehabilitation Project No. OV 30 06/07 16. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 18th day of April, 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney .a • • kW BID SCHEDULE FOR MAGEE ROAD PAVEMENT REHABILITATION 1TEM ESTIMATED UNIT SUB ti U QUANTITY COST TOTAL NO. •Z 143/:1:) 20'0007 Removal of Miscellaneous Concrete 2l 70,e ; 0Removal of Bituminous Pavement b-pulverization S�' 5,500 L/, ' z ' /CC,a 2020�J2. ) , T .2 TON 610 Hid) V ,���cam! 4060017 Asphalt Patiement(Mix Itio )2" •��er Manhole Adjustment EA 3 . &.z6:09 4F-4 -,c;17 5090110 Sc J 6070020 Sin Post(U-Channel)(Galvanized Steel) EA 2 , 77ev _ /6-21,a), .. ( 6080020 Sign Panel(0M-3R) EA - —2 _ 3't /cbf ED , 7010001 Maintenance and Protection of Traffic FA I 520,000 520,000 1If7'tc & Install Tc Traffic Control Devices LS 1 rf - 7010006 FurnishTemp S_ 7040010 Pavement Markin (White Hot-Sprayed Thermo)(0.060") LF 2,440 /,r0 27 IND, . f i Pavement Marking(Yellow Hot-Sprayed Thermo)(0.060") LF 1,930 // JjP, V , 7040020 - f 7040030 Pavement Marging,(White Hot-Sprayed Thermo) SGL.Arrow EA 6 (Zi?,j.V �Y 7040060 Pavement Legend,(White Hot Sprayed Thermo) ONLY 2 ZKO9 Li la co 'v Yellow,Two-Way) EA - T� jLj ,CV 7060025 Pavement Marker,P.eflectr e,(Type D,Y to 7350210 LoopDetector(6'X70')(QuadXADOT) EA 3 ZZ. !.0 ii 450 �a� 9080402 Concrete Header(PC/COT Std Dtl.213) LF _ L rve Monument(PC/COT STD DTL 103) - • • EA I �,� 9090002 Survey 1-6 9 poo 9240101 Force Account(Minor Alterations of Construction FA 1 1 510,000 510,000 9250101 Construction surveying and layout LS 1 L, jJ ,c,c' Win,c1_ 000rl_ 1 TOTAL 1 226,Cf; 1 i TOTAL BID AMOUNT IN NUMBERS FOR MAGEE ROAD PAVEMENT .REHABILITATION S 1'Z-7j24C'i7 TOTAL BID AMOUNT IN WORDS FOR MAGEE ROAD PAVEMENT REHABILITATIONSO/40- #d .- - k/x• srrv9vz' -tWO �'D AID 65?k,r7- RECEIPT OF ADDENDA NO(S). / IS HEREBY ACKNOWLEDGED. ii S NAME: A-V1 CONTACTOR �� 6- , Y I it,,, ax r• O 1 I r I Z I I w.,,,,,?:,;„.er'--::-:-. �; w s' x'" y t c -_---,7--:7-4--,,,,-- , 1 t ` ,N .� Z I I Ze. . ,'--,- - +'t." 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A mm yC7 z - O� mom- OZ-,Fly A Z fir. ^Z z 2 z �; <j I c� z� �y' z jm �o TC v^ 20 Pr'' In z c c i I�O m - <Z m Nm Z C' i� AA �CZn�DGC m = w Z m2 O A Oer G AS A y O fIn m I go I i Cil'/N OF CRC =ALL` ICOPA.P i LIEN- G= PI�BUC bw'CRKS _NGINFFP;i l DI f"SIGN NO.I REV+S10n DESCRIPTION 1071/SECT.ENGF..f DATE I I i DLT E*aA OJ*L r`J , (DESIGNED ?RJ 2/Oi ?G0' N. �.CI^OAC Gr. I I 91AGEE ROAD®ORACLE IDR4wN j5-RJ c►�C e ✓ 1 CAVEMEN'REMIO,-&0v.RLA.Y 2/D? C D 'O4'Qie✓.^�.Z. 857J7t1I ^' R ti T I�_CKED MAN 7iI COVE SEE O. ENGR.;JNR 2/�c f ° ° s20-229-4800I�� o / f i I TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 18, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: RENEWAL OF TOWN MAGISTRATE'S EMPLOYMENT AGREEMENT SUMMARY: The Town Magistrate's employment agreement has a term ending date of 4/19/2007, attached for review and approval is a new employment agreement for the period of 4/19/2007 through 4/18/2011. ATTACHMENT: Employment Agreement, Town Magistrate SUGGESTED MOTION: move to approve the terms of the Employment Agreement for George Dunscomb, Town Magistrate for the period of 4/19/2007 through 4/18/2011. Department Head • D /tI D T TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 18th day of April, 2007 by and between the Town of Oro Valley, an Arizona municipal corporation (hereinafter"Town") and George Dunscomb (hereinafter"Magistrate"). Pursuant to this agreement, Town herewith employs George Dunscomb as Town Magistrate for the Town of Oro Valley. Magistrate shall be deemed an employee of the Town pursuant to this agreement, and not an independent contractor. This contract shall commence on April 18th 2007 and continue for a FOUR(4) YEAR PERIOD from said date as provided by law and as set forth by Oro Valley Town Code Section 5-2-1 as amended. During the Magistrate's term of office, Magistrate may be removed by the Town Council only for cause. This employment agreement is subject to the following additional terms and conditions. 1. Magistrate will fulfill the duties of the Town magistrate as provided by the State statutes and the Oro Valley Town Code Ordinances, and as defined by Arizona state law. 2. The Magistrate position is classified as a full-time, exempt employee of the Town and shall devote such time as is necessary and appropriate to conduct court business and manage the court resources. 3. Magistrate will assume the responsibilities of running the court system during the period of his employment. Such responsibilities shall carry with them all powers and duties associated with such position. 4. Magistrate shall be entitled to travel reimbursement (other than commuting) in accordance with Town Standard Operating Procedures or Administrative Directives. Magistrate shall be entitled to provisions of the Oro Valley Town Code, regulations and Personnel Policies and Procedures relating to vacation, paid holidays, and sick leave; retirement/pension plan participation; and other fringe benefits, working conditions, and Cost of Living Adjustments (COLA) as they now exist, or as they may be 11110, amended for the other exempt employees of the Town of Oro Valley, to the extent that they are consistent with the terms of this agreement. In addition, Magistrate shall be entitled to ........... reimbursement by the Town for the costs associated with acquiring "tail" liability insurance coverage for the period of this appointment. The reimbursement for"tail coverage" shall not exceed $3900. 5. Magistrate shall also be responsible for compliance with all Town policies, rules, and regulations regarding purchasing, money management and security; hiring, firing and personnel management; budgetary and financial constraints; and such other regulations to the extent that these do not conflict with Supreme Court Rules and Arizona case law. 6. Town agrees to pay Magistrate during the four years of this agreement the sum of ONE HUNDRED-ONE THOUSAND NINE HUNDRED SIXTY-TWO dollars ($101,962.00) PER ANNUM, subject to future COLA adjustments as noted in item 4, above. Such amount shall be payable to the Magistrate in installments at the same time and in the same manner as other salaried employees on a bi-weekly basis and shall be subject to PICA, Social Security and other legally required withholdings. In the event Magistrate voluntarily chooses to serve less than his full term, or is terminated for cause; the pay shall be pro-rated accordingly. Should Magistrate voluntarily decide to serve less than the full term of this agreement, he shall give a minimum of two weeks notice unless exempted from this provision by the Town Council. Notice pursuant to this agreement shall be given as follows: A. Employer Town Clerk's Office Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 B. Employee Town Magistrate's Office Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 IN WITNESS WHEREOF, the Town of Oro Valley caused this agreement to be signed and executed in its behalf by Paul H. Loomis, Mayor of the Town of Oro Valley, and duly attested by its Town Clerk, and Employee has signed and executed this agreement, both in duplicate, the day and year first above written. Paul H. Loomis, Mayor George Dunscomb, Magistrate ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney ............. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 18, 2007 imp TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Award of Bid for Financial Auditing Services to Heinfeld, Meech & Co., P.C. for Fiscal Years Ending June 30, 2007, 2008 and 2009 SUMMARY: This past fiscal year ending June 30, 2006 was the last year of the financial auditing contract with our auditors, Cronstrom, Osuch & Company, P.C. During the last week of January, 2007, a request for proposal (RFP) for independent financial auditing services was advertised and mailed to a number of accounting firms to audit the Town's financial statements for the fiscal years ending June 30, 2007 through June 30, 2009, with the option of auditing the three subsequent fiscal years. Three (3) proposals were received on the due date of March 2, 2007. Below is a cost summary of the bids submitted: Firm Fiscal Year 2006/07 Fiscal Year 2007/08 Fiscal Year 2008/09 Clifton Gunderson, LLP $24,710 $25,800 $26,980 Heinfeld, Meech & Co. $26,885 $27,740 $28,415 Cronstrom, Osuch & Co. $30,150 $29,925 $30,555 The proposals were evaluated in the following areas: understanding of Town auditing needs and approach/ability to provide required services, staff experience and stability, cost of auditing services, and conformance to request for proposals. After careful evaluation of all three proposals, staff recommends that Heinfeld, Meech & Co. be awarded the bid for auditing services based on their extensive history of auditing local governments of all sizes, including the City of Tucson, City of Chandler, City of Gilbert, and City of Sierra Vista. The professional staff that would be assigned to the Oro Valley audit are seasoned and experienced in governmental auditing and the preparation of award winning Comprehensive Annual Financial Reports (CAFRs). Copies of the proposals are on file for review in the Town Clerk's office. ATTACHMENT: 1. Auditing Services Request for Proposal G:ISTACEY1Council Communic\Audit Svcs Award 4-18-07.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 SUGGESTED MOTION: I move to award the bid for financial auditing services to Heinfeld, Meech & Company, P.C. for the fiscalyears endingJune 30, 2007 through June 30, 2009 with the option to renew for the three (3) s subsequent fiscal years. xfa(7-zii Le-ntel-S Stacey Le s Finance r cto r at444:10.7 David L. Andrews Town Manager G:ISTACEY1Council CommuniclAudit Svcs Award 4-18-07.doc Town of Oro Valley, Arizona H / W Notice of RequestforProposal . . �Yf 4J►�jy ��y1 a ::..,,9 1p Request for Proposal: Auditing Services Proposal Due: March 2, 2007 Proposal Time: 4:00 pm MST Contact: Stacey Lemos, Finance Director Phone: (520)229-4700 Location: Town of Oro Valley Finance Department Mailing Address: 11,000 N. La Canada Drive Oro Valley,Arizona 85737 In accordance with the Town of Oro Valley Procurement Code and Policy competitive sealed proposals for auditing services specified will be received by the Town of Oro Valley Finance Department at the specified location until the date and time cited above. Proposals shall be in the actual possession of the Town of Oro Valley Finance Department on or prior to the exact date and time indicated above. Late proposals will not be considered. Proposals shall be submitted in a sealed envelope with the Request for Proposal description and the offeror's name and address clearly indicated on the front of the envelope. All proposals shall be completed in ink or typewritten. .. .. OFFER: To the Town of Oro Valley: The undersigned on behalf of the entity,firm,company, partnership,or other legal entity listed below offers on its behalf to the Town a proposal that contains all terms,conditions,specifications and amendments in the Notice of Request for Proposal issued by the Town. Any exception to the terms contained in the Notice of Request for Proposal must be specifically indicated in writing and are subject to the approval of the Town prior to acceptance. The signature below certifies your understanding and compliance with the terms and conditions contained in this Request for Proposal package issued by the Town. Arizona Transaction(Sales)Privilege For clarification of this offer contact: Tax License Number: Name: Federal Employer Identification Number: Telephone: Company Name Authorized Signature for Offer Address Printed Name City State Zip Title ACCEPTANCE OF OFFER AND CONTRACT AWARD(For Town of Oro Valley Use Only) Your offer is accepted by the Town,subject to approval of each written exception that your proposal contained. The contract consists of the following documents: 1)Request for Proposal issued by the Town;2)Your offer in Response to the Town's Request for Proposal;3)This written acceptance and contract award. As the contractor,you are now legally bound to sell the materials and/or services listed by the attached award notice, based on the solicitation of proposals,including all terms, conditions,specification, amendments and your offer as now accepted by the Town. The Contractor shall not commence any billable work or provide any material or service under this contract until the Contractor receives written Notice to Proceed. Town of Oro Valley,Arizona Effective Date: Attested by: Approved as to form: Kathryn E. Cuvelier,Town Clerk Melinda Garrahan,Town Attorney Contract Awarded Date: Paul H. Loomis,Mayor 1 Town of Oro Valley AR' REQUEST FOR PROPOSAL Finance Department ,z° \1° t. 2Q 11,000 N. La Canada Drive Oro Valley, AZ 85737 INSTRUCTIONS TO OFFEROR Phone: (520)229-4700 Fax: (520)297-0428 1. PREPARATION OF PROPOSAL: a. All proposals shall be on the forms provided in the Request for Proposal package. It is permissible to copy these forms if required. Telephonic(facsimile)or mailgram proposals will not be considered. b. The Offer shall be submitted with an original ink signature by a person authorized to sign the offer. c. If price is a consideration and in case of error in the extension of prices in the proposal,the unit price shall govern. No proposal shall be altered, amended,or withdrawn after the specified proposal due date and time. d. Periods of time,stated as a number of days,shall be calendar days. e. It is the responsibility of all Offerors to examine the entire Request for Proposal package and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a bid. Negligence in preparing a Proposal confers no right of withdrawal after proposal due date and time. 2. INQUIRIES: Any question related to the Request for Proposal shall be direct to the Contact whose name appears on the front. 3. LATE PROPOSALS: Late Proposals will not be considered. An Offeror submitting a late proposal shall be so notified. 4. WITHDRAWAL OF PROPOSAL: At any time prior to the specified proposal due date and time,an Offeror(or designated representative)may withdraw the proposal. Telegraphic(facsimile)or mailgram proposal withdrawals will not be considered. 5. AMENDMENT OF PROPOSAL: At any time prior to the specified proposal due date and time,an Offeror(or designated representative)may amend the proposal. Telegraphic(facsimile)or mailgram proposal amendments will not be considered. 6. COST OF BID/PROPOSAL PREPARATION: The Town shall not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. 7. PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the Town and shall become a matter of public record available for review, subsequent to the award notification. 8. PROPOSAL FORMAT: Proposals shall be submitted with one(1)original and two(2)copies on the forms and in the format as contained in the Request for Proposal. Proposals shall be on 8 1/2"x 11"paper with the text on one side only. All submittal information must contain data for only the local office(s)which will be performing the work. a. Proposal Content—The following items shall be addressed in the proposal submission: Title Page Title page showing the request for proposals subject;the firm's name;the name, address and telephone number of the contact person;and the date of the proposal. ii. Transmittal Letter A signed letter of transmittal briefly stating the proposer's understanding of the work to be done,the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for 90 days. iii. Detailed Proposal The detailed proposal should include all the requirements included in this request for proposals. iv. References References for which your firm has provided similar services within the last three(3)years. 2 � Town of Oro Valley °y REQUEST FOR PROPOSAL Finance Department 11,000 N. La Canada Drive Oro Valley, AZ 85737 INSTRUCTIONS TO OFFEROR Phone: (520)229-4700 Fax: (520)297-0428 9. EVALUATION: In accordance with the Town of Oro Valley Procurement Code and Policy, awards shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the Town, based upon the evaluation criteria listed below. a. Understanding of Town Auditing Needs&Approach/Ability to Provide Required Services. b. Cost of Auditing Service. c. Staff Experience&Stability. d. Conformance to Request for Proposals 10. INDEPENDENCE The firm should provide an affirmative statement that is independent of the Town of Oro Valley as defined by generally accepted auditing standards/the U.S.General Accounting Office's Government Auditing Standards(2007). 11. LICENSE TO PRACTICE IN ARIZONA An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in Arizona. 12. FIRM QUALIFICATIONS AND GOVERNMENTAL EXPERIENCE The proposer should state the size of the firm,the size of the firm's governmental audit staff,the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. Proposal should also include detailed resumes of the professional staff assigned to this engagement. The proposer should state the firm's experience in assisting and/or preparing a comprehensive annual financial report for submission to the Government Finance Officers Association(GFOA)Certificate of Achievement Program for Excellence in Financial Reporting,including the current number of audit clients in which a comprehensive annual financial report has been submitted to the GFOA and awarded the certificate of excellence in financial reporting. The proposer should include participation in any Government Finance Officers Association programs and/or seminars. 13. DOLLAR COST BID The dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. 14. PROPOSAL OPENING: Proposals shall be opened at the time and place designated on the cover page of this document. The name of each offeror and the identity of the Request for Proposals for which the proposal was submitted shall be publicly read and recorded in the presence of witnesses. Proposals, modifications and all other information received in response to this Request for Proposals shall be shown only to Town Personnel having a legitimate interest in the evaluation. PRICES SHALL NOT BE READ. After contract award,the successful proposal and the evaluation documentation shall be open for public inspection. 15. AWARD OF CONTRACT: a. Notwithstanding any other provision of this Request For Proposal,the Town expressly reserves the right to: 1. Waive any immaterial defect or informality;or 2. Reject any or all proposals, or portions thereof,or 3. Reissue a Request for Proposal. b. A response to a Request for Proposal is an offer to contract with the Town based upon the terms,conditions and specifications contained in the Town's Request for Proposal and the written amendments thereto, if any. Proposals do not become contracts unless and until they are accepted by the Town Council. A contract is formed when written notice of award(s)is provided to the successful Offeror(s). The contract has its inception in the award document,eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the procurement contract are '' contained in the Request for Proposal. 3 Town of Oro Valley Vp,1L5YgRe Finance Department TERMS AND CONDITIONS 11,000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)229-4700 - 4 t Fax: (520)297-0428 THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT. Purpose: Pursuant to provisions of the Town Procurement Code and Policy,the Town of Oro Valley Finance Department intends 1. p to establish a contract for Auditing Services. 2. Authority: This Solicitation as well as any resultant contract is issued under the authority of the Town. No alteration of any resultant contract may be made without the express written approval of the Town in the form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract. Any such action is subject to the legal and contractual remedies available to the Town inclusive of contract cancellation. 3. Offer Acceptance Period: In order to allow for an adequate evaluation,the Town requires an offer in response to this Solicitation to be valid and irrevocable for sixty(60)days after the opening time and date. 4. Eligible Agencies: Any contract resulting from this Solicitation shall be for the exclusive use of the Town of Oro Valley. 5. Contract Type: Fixed Price. 6. Term of Contract: The term of any resultant contract shall commence on the first day of the month following date of award and shall continue for a period of three(3)years thereafter, unless terminated,cancelled or extended as otherwise provided herein. 6.1. Termination of Contract: This Contract may be terminated by an authorized agent of either the Town or the Contractor for cause with ninety(90)days written notice of such intent to terminate. The notice shall specify the cause for termination.Moreover,the notice shall not be effective until received. Notice shall be made as follows: a. Notice to the Town Stacey Lemos,Oro Valley Finance Director 11,000 N. La Canada Dr. Oro Valley,Arizona 85737 and Melinda Garrahan,Town Attorney 11,000 N. La Canada Dr. Oro Valley,Arizona 85737 b. Notice to Contractor 7. Contract Extension: By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of three(3)years. If all contract extensions were to be exercised,the total term of this contract would be six(6) years. 8. Contract: The contract between the Town and the Contractor shall consist of(1)the Solicitation, including instructions, all terms and conditions,specifications,scopes of work,attachments,and any amendments thereto, and(2)the offer submitted by the Vendor in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer,the provisions and requirements in the Solicitation shall govern. However,the Town reserves the right to clarify, in writing, any contractual terms with the concurrence of the Contractor,and such written contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or the Vendor's offer. The Solicitation shall govern in all other matters not affected by the written contract. 9. Contract Amendments: This contract may be modified only by a written amendment to the contract signed by persons duly authorized to enter into contracts on behalf of the Town and Contractor. 10. Contract Applicability: The Offeror shall substantially conform to the terms,conditions,specifications and other requirements found within the text of this specific Solicitation. All previous agreements,contracts, or other documents,which have been executed between the Offeror and the Town are not applicable to this Solicitation or any resultant contract. 11. Payments: Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's pricing section of the proposal. The first interim billing shall cover the auditor's interim work and should not be billed until after June 29,2007. The second interim billing shall cover the auditor's fieldwork. Final billing shall cover the auditor's drafting and preparation of all reports,schedules and financial statements requested in this RFP. 12. Price Adjustment: The Town of Oro Valley Finance Department will review fully documented requests for price increases after the contract has been in effect for three(3)years. Any price increase adjustment will only be made at three(3)years and only at the time of contract extension. Any price increases will be a factor in the extension review process. The Town of Oro Valley Finance 4 Town of Oro Valley �PLLcY qR2.. Finance Department TERMS AND CONDITIONS 11,000 N. La Canada Drive Oro Valley,Arizona 85737 F < Phone: (520)229-4700 Fax: (520)297-0428 Department will determine whether the requested price increase or an alternative option, is in the best interest of the Town. Any price adjustment will be effective upon the effective date of the contract extension or amendment date. Advanced 30 day written notification by the contractor is required for any price changes. 13. Additional Services: Any additional services added during the term of this contract will not exceed the published price for those services. 14. Licenses: Contractor shall maintain in current status all Federal,State and Local licenses and permits required for the operation of the business operated by the Contractor as applicable to this Contract. 15. Applicable Law: In the performance of this agreement,contractors shall abide by and conform to any and all laws of the United States, State of Arizona and Town of Oro Valley including but not limited to federal and state executive orders providing for equal employment and procurement opportunities,the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this agreement. This contract shall be governed by the Town and the Contractor shall have all remedies afforded each by the Uniform Commercial Code, as adopted by the State of Arizona, except as otherwise provided in this contract or in statutes pertaining specifically to the Town. This contract shall be governed by the laws of the State of Arizona and suit pertaining to this contract may be brought only in courts in the State of Arizona. This contract is subject to the provisions of ARS§38-511;the Town may cancel this contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating,securing,drafting or creating the contract on behalf of the Town or any of its departments or agencies, is at any time while the contract or any extension of the contract is in effect,an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. 16. Provisions Required by Law: Each and every provision of law and any clause required by law to be in the contract will be read kir0 and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted,then upon the application of either party,the contract will forthwith be physically amended to make such insertion or correction. 17. Assignment-Delegation: No right or interest in this contract shall be assigned by Contractor without prior written permission of the Town and no delegation of any duty of Contractor shall be made without prior written permission of the Town. 18. Subcontracts: No subcontract shall be entered into by the contractor with any other party to furnish any of the material or service specified herein without the advance written approval of the Town. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract and if the Subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not Subcontractors are used. 19. Rights and Remedies: No provision in this document or in the vendor's offer shall be construed,expressly or by implication,as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of the Town to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the Town's acceptance of and payment for materials or services,shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of the Contract. 20. Indemnification: To the fullest extent permitted by law,the Contractor shall defend, indemnify and hold harmless the Town, its agents, representatives,officers,directors,officials and employees from and against all claims,damages, losses and expenses (including but not limited to attorney fees,court costs,and the cost of appellate proceedings), relating to, arising out of, alleged to have resulted from the acts,errors, mistakes, omissions,work of services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers,directors,officials and employees shall arise in connection with any claim,damage, loss or expense that is attributable to bodily injury,sickness,disease, death, or injury to, impairment,or destruction of property including loss of use resulting there from,caused by any acts,errors,mistakes, omissions,work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts,errors,mistakes,omissions,work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 21. Insurance Requirements: The Contractor, at Contractor's own expense,shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed,possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to the Town. 5 Town of Oro Valley �=Y Aff Finance Department TERMS AND CONDITIONS 11,000 N. La Canada Drive Oro Valley,Arizona 85737 ...2t , Phone: (520)229-4700 °UNDED'91 Fax: (520)297-0428 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted;failure to do so may, at the sole discretion of the Town, constitute a material breach of this Contract. The Contractor's insurance shall be primary insurance as required by the Town, and any insurance or self-insurance maintained by the Town shall not contribute to it. Anyfailure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall PY not affect coverage afforded under the insurance policies to protect the Town. The insurance policies,except Worker's Compensation,shall contain a waiver of transfer rights of recovery(subrogation)against the Town, its agents, representatives,directors,officers,and employees for any claims arising out of the Contractor's acts,errors, mistakes,omissions,work or service. The insuranceP olicies may provide coverage which contain deductibles or self-insured retentions. Such deductible and/or self- insured retentions shall not be applicable to the coverage provided to the Town under such policies. The Contractor shall be solely responsible for the deductible and/or self-insured retention and the Town,at its option,may require the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The Town reserves the right to request and to receive,within 10 working days,certified copies of any or all of the herein required insurance policies and/or endorsements. The Town shall not be obligated, however,to review same or to advise Contractor of any deficiencies in such policies and endorsements,and such receipt shall not relieve Contractor from,or be deemed a waiver of the Town's right to insist on,strict fulfillment of Contractor's obligations under this Contract. The insurance policies,except Worker's Compensation and Professional Liability, required by this Contract,shall name the Town, its agents,representatives,officers,directors,officials and employees as Additional Insureds. 22. Required Insurance Coverage: a. Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than$1,000,000 for each occurrence with a$2,000,000 Products/Completed Operations and a$2,000,000 General Limit. The policy shall include coverage for bodily injury,broad form property damage, personal injury, products and completed operations and blanket contractual coverage including,but not limited to,the liability assumed under the indemnification provisions of this 4 Contract. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. If required by this Contract the Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and maintain, at all times during prosecution of the work,services or operations under this Contract, an Owner's and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than$1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. b. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury property damage of not less than$1,000,000 each occurrence with respect to the Contractor's any owned, hired,ad non-owned vehicles assigned to or used in performance of the Contractor's work. 6 qP�L.EYgRi Town of Oro Valley oF' wt:;ti9 Finance Department TERMS AND CONDITIONS 11,000 N. La Canada Drive w ra Oro Valley,Arizona 85737 .., ,: Phone: (520)2294700 Fax: (520)297-0428 c. Worker's Compensation The Contractor shall carry Workers'Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services;and, Employer's Liability insurance of not less than$100,000 for each accident, $100,000 disease for each employee,and$500,000 disease policy limit. In case any work is subcontracted,the Contractor will require the Subcontractor to provide Workers'Compensation and Employer's Liability to at least the same extent as required of the Contractor. d. Professional Liability The Contractor retained by the Town to provide the work or service required by this Contract will maintain Professional Liability insurance covering acts,errors, mistakes and omissions arising out of the work or services performed by the Contractor,or any person employed by the Contractor,with a limit of not less than$1,000,000 each claim. 23. Certificates of Insurance: Prior to commencing work or services under this Contract,Contractor shall furnish the Town with Certificates of Insurance,or formal endorsements as required by the Contract, issued by Contractor's insurer(s), as evidence that policies providing the required coverages,conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies)required by this Contract is(are)written on a"claims made"basis,coverage shall extend for two years past completion and acceptance of the Contractor's work or services and as evidenced by Certificates annual of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent the Town fifteen(15)days prior to the expiration date. 24. Insurance Cancellation and Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed without thirty(30)days prior written notice to the Town. Mar 25. Independent Contractor: a. General The Contractor acknowledges that all services provided under this Contract are being provided by him as an independent contractor, not as an employee or agent of the Town of Oro Valley. ii. Both parties agree that this Contract is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing his profession elsewhere. b. Liability The Town of Oro Valley shall not be liable for any acts of Contractor outside the scope of authority granted under this Agreement or as the result of Contractor's acts,errors, misconduct, negligence,omissions and intentional acts. ii. To the fullest extent permitted by law,the Contractor shall defend, indemnify and hold harmless the Town, its agents,representatives,officers,directors,officials and employees from and against all claims,damages, losses and expenses(including but not limited to attorney fees,court costs, and the cost of appellate proceedings), relating to,arising out of,or alleged to have resulted from the acts,errors, mistakes, omissions, work or services of the Contractor, its employees,agents,or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend,hold harmless and indemnify the Town, its agents, representatives, officers,directors, officials and employees shall arise in connection with any claim,damage, loss or expense that is attributable to bodily injury,sickness,death, or injury to, impairment, or destruction of property including loss of use resulting therefrom,caused by any acts, errors,mistakes, omissions,work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts,errors,mistakes, omissions,work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 7 Town of Oro Valley Finance Department c C /2044 TERMS AND CONDITIONS 11,000 N. La Canada Drive NW) Oro Valley,Arizona 85737 H.. H. Phone: (520)229-4700 AvED Fax: (520)297-0428 c. Other Benefits The Contractor is an independent contractor,therefore,the Town will not provide the Contractor with health insurance, life insurance,workers'compensation, sick leave,vacation leave,or any other fringe benefits. Further,Contractor acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act(COBRA). Any such fringe benefits shall be the sole responsibility of Contractor. 8 Town of Oro Valley `PLLtY ARli Finance Department SCOPE OF WORK 11,000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)2294700 Fax: (520)297-0428 INTRODUCTION The Town of Oro Valley is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending June 30,2007 through June 30,2009 with the option to audit the Town of Oro Valley's financial statements for each of the three(3)subsequent fiscal years. These audits are to be performed in accordance with generally accepted auditing standards,the standards set forth for financial audits in the General Accounting Office's(GAO)Government Auditing Standards (2007),the provisions of the federal Single Audit Act of 1984(as amended in 1996)and the U.S.Office of Management and Budget (OMB)Circular A-133,Audits of States, Local Governments, and Non-Profit Organizations. The Town of Oro Valley is organized as a municipal corporation and provides local government services to its citizens and businesses. The current population stands at approximately 44,000. The Town employs an average of 400 people. NATURE OF SERVICE REQUIRED Work To Be Performed: The Town of Oro Valley desires the auditor to express an opinion on the fair presentation of its general purpose financial statements in conformity with generally accepted accounting principles. The Town of Oro Valley also desires the auditor to express an opinion on the fair presentation of its combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles. The auditor is not required to audit the supporting schedules contained in the comprehensive annual financial report. However,the auditor is to provide an"in-relation-to"opinion on the supporting schedules based on the auditing procedures applied during the audit of the general purpose financial statements and the combining and individual fund financial statements and schedules. The auditor is not required to audit the statistical section of the report. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Government Accounting Standards Board as mandated by generally accepted standards. The auditor is not required to audit the schedule of expenditures of federal awards. However,the auditor is to provide an"in- 41110 relation-to"report on that schedule based on the auditing procedures applied during the audit of the financial statements. The Town also desires the auditor to present the results of each year's annual audit in person at a maximum of two(2) public meetings per year. Auditing Standards To Be Followed: To meet the requirements of this request for proposal,the audit shall be performed in accordance with: 1. Auditing standards generally accepted in the United States of America as set forth by the American Institute of Certified Public Accountants,the standards for financial audits set forth in the U.S.General Accounting Office's Government Auditing Standards(2007, Revised),the provisions of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996, and the provisions of U.S.Office of Management and Budget(OMB)Circular A-133,Audits of State and Local Governments and Non-Profit Organizations. 2. State of Arizona Uniform Expenditure Reporting System requirements(UERS)mandated by the A.R.S.§41-1279.07,with guidelines set forth by the Arizona Auditor General. 3. State of Arizona Local Transportation Assistance Funds Expenditure requirements(LTAF)pursuant to A.R.S. §48.5103. 4. State of Arizona Local Transportation Assistance Funds II revenues and expenditures, pursuant to Arizona Revised Statutes, Title 28,Chapter 24,Article 1,Section 28-8103. Reports To Be Issued: Following the completion of the audit of the fiscal year's financial statements,the auditor shall issue: 1. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles, including an opinion on the fair presentation of the supplementary schedule of expenditures of federal awards"in relation to" the audited financial statements. 2. A report on compliance and internal control over financial reporting based on a audit of the financial statements. 3. A report on compliance and internal control over compliance applicable to each major federal program. 9 Town of Oro Valley Finance Department S COPE OF WORK 11,000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)2294700 0. Fax: (520)297-0428 191 . 4. The Annual Expenditure Limitation Report required by the State of Arizona Auditor General's office. 5. Completion of the Minimum Accounting Standards(MAS)audit of the Oro Valley Magistrate Court to satisfy Arizona Supreme Court,Administrative Office of the Courts(AOC)requirements for FY 2006/07 and every three(3)years thereafter. 6. A Schedule of Local Transportation Assistance Funds II Revenues and Expenditures, pursuant to Arizona Revised Statutes, Title 28,Chapter 24,Article 1,Section 28-8103(the"LTAF II Schedule),and an independent auditor's report on such schedule. In the required reports on compliance and internal controls,the auditor shall communicate any reportable conditions found during the audit. A reportable condition shalt be defined as a significant deficiency in the design or operation of the internal control structure,which could adversely affect the organization's ability to record, process,summarize and report financial data consistent with the assertions of managements in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditors shall be reported in a separate letter to management,which shall be referred to in the reports on compliance and internal controls. The reports on compliance and internal controls shall include all instances of noncompliance. Irregularities and illegal acts. Auditors shall be required to make an immediate,written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: Finance Director and Town Manager. Special Considerations: 1. The Town of Oro Valley will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will be required to provide assistance to the Town of Oro Valley to meet the requirements of that program including financial statement preparation and footnote disclosures. 2. The comprehensive annual financial report is disclosed to the public through the Town's web page. Therefore,financial statements and footnote disclosures must be prepared for this purpose. 3. The Town of Oro Valley has determined that the United States Department of Justice will function as the cognizant agency in accordance with the provisions of the Single Audit Act of 1984(as amended in 1996)and U.S. Office of Management and Budget(OMB)Circular A-133,Audits of States, Local Governments, and Non-Profit Organizations. 4. The Schedule of Expenditures of Federal awards and related auditor's report, as well as the reports on compliance and internal controls are not to be included in the comprehensive annual financial report, but are to be issued separately. Working Paper Retention and Access to Working Papers All working papers and reports must be retained,at the auditor's expense,for a minimum of three(3)years, unless the firm is notified in writing by the Town of Oro Valley of the need to extend the retention period. The auditor will be required to make working papers available, upon request,to the following parties or their designees: 1. Town of Oro Valley 2. U.S. Department of Justice 3. U.S.General Accounting Office(GAO) 4. Parties designated by the federal or state governments or by the Town of Oro Valley as part of an audit qualify review process 5. Auditors of entities of which the Town of Oro Valley is a subrecipient of grant funds 6. U.S.Office of Management and Budget 7. Arizona Auditor General 10 A a �p,�LEYgRTown of Oro Valley Finance Department SCOPE OF WORK 11,000 N. La Canada Drive .` Oro Valley,Arizona 85737 Phone: (520)229-4700 Fax: (520)297-0428 In addition,the firm shall respond to the reasonable inquires of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. DESCRIPTION OF GOVERNMENT Organizational Chart and Key Personnel The auditor's principal contact with the Town of Oro Valley will be Stacey Lemos, Finance Director and/or Mary Rallis,Accounting Supervisor who will coordinate the assistance to be provided by the Town of Oro Valley to the auditor. An organization chart(Appendix A)and a list of key personnel(Appendix B)are attached. Background Information The Town of Oro Valley serves an area of 34.68 square mile with a population of 44,000. The Town of Oro Valley's fiscal year begins on July 1 and ends on June 30. The Town of Oro Valley provides the following services to its citizens: Police Protection Construction and maintenance of streets and infrastructure Water services Public transportation services ,, Recreational activities and cultural events Development Services(Planning and Zoning, Building Safety) Magistrate Court Administrative Services Public Library At June 30,2006,the Town of Oro Valley had a total payroll of$18,416,234 covering 286 full-time,65 part-time and 46 seasonal employees. The Town of Oro Valley is organized into fifteen departments and divisions. The accounting and financial reporting functions of the Town of Oro Valley are centralized. More detailed information on the government and its finances can be found in the following: Fiscal Year 2006/2007 Annual Operating Budget Fiscal Year 2005/2006 Comprehensive Annual Financial Report Town of Oro Valley Standard Operating Procedures Town Code These documents can be obtained by contacting Mary Rallis at 520-229-4700 and/or downloading from the Town of Oro Valley's website @ www.townoforovalley.com. Fund Structure The Town of Oro Valley uses the following fund types in its financial reporting for fiscal year 2006/2007. Fund Type Number of Individual Funds Number With Legally Adopted Annual Budgets General Fund 1 1 Special Revenue Funds 5 4 Debt Service Funds 2 2 Capital Projects Funds 7 7 Enterprise Funds 3 3 11 • Town of Oro Valley �PL►tY��; Finance Department SCOPE OF WORK 11 000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)229-4700 Fax: (520)297-0428 Budgetary Basis of Accounting The Town of Oro Valley prepares its budgets on a basis consistent with generally accepted accounting priniciples. Federal and State Awards During the fiscal year to be audited,the Town of Oro Valley received the following federal and state grants: Federal Grants Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area(HIDTA) Urbanized Area Formula(Public Transportation related) Counter Narcotic Alliance(CNA) Community Oriented Policing Services(COPS) DOJ Homeland Security State Grants Safe Schools Governor's Office of Highway Safety(GOHS) Pima Association of Governments(PAG) Pension Plans The Town of Oro Valley participates in the following pension plans: 1. Arizona State Retirement System—Multiple Employer Defined Benefit Plan—Cost Sharing 2. Arizona Public Safety Retirement System-Multiple Employer Defined Benefit Plan-Agent 3. Arizona Correctional Officer's Retirement Plan-Multiple Employer Defined Benefit Plan-Agent Magnitude of Finance Operations The Finance Department is headed by Stacey Lemos, Finance Director and consists of 7 employees. The principal functions performed and the number of employees assigned to each are as follows: Payroll 1 Accounts Payable/Purchase Orders 1 General Ledger 2 Budget 2 Financial Reporting 3 Risk Management 1 Computer Systems Hardware Type of Equipment Number Networked IBM Compatible-Windows 2000 8 Yes Software Make Vendor Major Applications *FundBalance Micro Arizala General Ledger, Payroll,Accounts Payable, Purchase Orders Cash Receipts,Timesheet Office 2002 MicroSoft Word,Excel,Access, PowerPoint *On July 1,2007,the Town will begin utilizing the financial applications of a new enterprise resource planning (ERP)system. On this date,the Town will go live on the financial modules(A/R,A/P,PO,G/L, Budget,Cash Receipts, Project Accounting and General Billing)of the Tyler Technologies MUNIS ERP System.On January 1,2008,the Town will go live on the Payroll and Human Resources modules of the MUNIS ERP System. 12 Town of Oro Valley �P LtY R: o Finance Department xH SCOPE OF WORK 11,000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)229-4700 atvDED� Fax: (520)297-0428 Availability of Prior Audit Reports and Working Papers Interested proposers who wish to review prior years'audit reports should contact Mary Rallis,Accounting Supervisor 11,000 N. La Canada Drive Oro Valley,Arizona 85737, 520-229-4700. The Town of Oro Valley will use its best efforts to make prior audit reports and supporting working papers available to proposers to aid in their response to this request for proposals. TIME REQUIREMENTS The following is a list of key dates up to and including the date of audit completion: Request for Proposals Issued Week of January 29,2007 Pre-Bid Conference(Questions Regarding RFP) February 22,2007 Request for Proposals Due March 2, 2007 Evaluate Request for Proposals March 5—March 9,2007 Interviews(Top 3 Audit Firms) March 12—March 16,2007 Staff Recommendation of Audit Firm March 19,2007 Town Council Approval of Auditor April 18,2007 Final CAFR Completion Date October 29, 2007 Schedule for the 2006/2007 Fiscal Year Audit: (a similar time schedule will be developed for audits of future fiscal years if the Town of Oro Valley exercises its option for additional audits). May 15,2007-Entrance Conference The purpose of this meeting will be to provide a preliminary review of the Town's operations and to discuss issues relating to the audit and the interim work to be performed. This meeting will also be used to establish an overall liaison for the audit and to make arrangements for work space and other needs of the auditor. At this meeting the auditor shall provide a list of audit staff and their qualifications and a list of all interim schedules to be prepared by the Town. May 31,2007 The auditor shall provide the Town with an Engagement Letter. The Town will review, sign and return the letter to the auditor within one week. June 11,2007-Interim Work The auditor may begin interim work on or after this date. All interim schedules to be prepared by Town staff will be available on this date. June 29,2007—Interim Work The auditor shall complete interim work by this date. June 29,2007-Progress Conference The purpose of this meeting will be to summarize the results of the preliminary review and interim work and to identify the key internal controls or other matters to be tested. June 29,2007—Detailed Audit Plan The auditor shall provide the Town with a detailed audit plan and a list of all year-end schedules, including audit confirmation letters,to be prepared by the Town. August 24,2007—Confirmation Letters The Town shall provide the auditors with all requested confirmation letters. 13 Town of Oro Valley vPL�tYgR� Finance Department oFc 944 SCOPE OF WORK 11,000 N. La Canada Drive Oro Valley,Arizona 85737 Phone: (520)2294700 Fax: (520)297-0428 September 10,2007 The Auditor to begin fieldwork on this date. September 28, 2007—LTAF II Report The auditor shall complete the audit of the Schedule of Local Transportation Assistance Funds II and issue the report thereon. September 28,2007—Fieldwork The auditor shall complete all fieldwork by September 28,2007. September 28,2007—Exit Conference The purpose of this meeting will be to summarize the results of the fieldwork and to review significant findings. October 12, 2007—Draft CAFR and AELR Reports The auditor shall submit draft CAFR and AELR reports to the Town by October 12, 2007. October 29,2007—Final Reports The auditor shall submit final CAFR,AELR and all other required reports, including responses to GFOA CAFR review comments from previous year, no later than October 29, 2007. The final report and two copies should be delivered to: Town of Oro Valley Stacey Lemos,Finance Director 11,000 N. La Canada Drive Oro Valley,Arizona 85737 ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION Finance Department and Clerical Assistance The finance department staff and responsible management personnel will be available during the audit to assist the firm by providing information,documentation and explanations. The preparation of confirmations will be the responsibility of the Town of P g ration of routine letters and memoranda. auditor for the preparation to the P Oro Valley. Clerical support will be made availableP 14 EY A, Town of Oro Valley c ?° Finance Department R , SCOPE OF WORK 11,000 N. La Canada Drive 4 Oro Valley,Arizona 85737 • Phone: (520)2294700 Fax: (520)297-0428 Statement and Schedules to be Prepared by the Staff of the Town of Oro Valley The staff of the Town of Oro Valley will prepare an audit notebook with the following statements and schedules for the auditor by the dates indicated: Statement/Schedule Date Chart of Accounts July 10, 2007 Cash/Investments August 10,2007 Taxes Receivable August 10,2007 Interest Receivable August 10,2007 Misc.Other Receivable August 10,2007 Federal/State Grants Receivable August 10,2007 Prepaid Expenses July 10,2007 Accrued Vacation/Comp.Time/Sick Time Payable July 10, 2007 Deferred Revenue July 10,2007 Accounts Payable August 10,2007 Interest/Bonds Payable July 10, 2007 Deposits Payable July 10,2007 Payroll July 10,2007 Fixed Assets August 10,2007 Accounts Receivable Water Utility July 10,2007 Long Term Debt July 10,2007 Interfund Receivable/Payable August 10,2007 Cash Seizures on Hold July 10,2007 Depreciation August 10,2007 Work Area,Telephones,Photocopying, FAX Machines and E-Mail The Town of Oro Valley will provide the auditor with reasonable work space,desks and chairs. The auditor will also be provided with access to telephone lines, photocopying facilities, FAX machines and e-mail. Report Preparation Report preparation, editing and printing shall be the responsibility of the auditor. • 15 TOWN OF ORO VALLEY 2 COUNCIL COMMUNICATION MEETING DATE: APRIL 18, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Roxana Garrity, Deputy Town Clerk SUBJECT: PUBLIC HEARING— APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SANTILLO'S BAR AND GRILL LOCATED AT 8195 N. ORACLE ROAD, SUITE 105 SUMMARY: An application by Mr. Michael Santillo has been submitted for a Series 12 (Restaurant) Liquor License for Santillo's Bar and Grill located at 8195 N. Oracle Road, Suite 105. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days commencing March 5, 2007 on the premises of the applicant's property. No protests were received during that time period. Chief of Police Daniel Sharp has conducted a background investigation on the applicant. As a result of the • ivestigation, Chief Sharp does not support recommending approval of the issuance of the Series 12 Liquor 446.oicense to Michael Santillo for Santillo's Bar and Grill. (Series 12 Liquor License Description: Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food.) ATTACHMENTS: 1. Memorandum from Police Department 2. Liquor License Application 3. Arizona Department of Liquor Licenses and Control Description SUGGESTED MOTION: I move to recommend denial of the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Michael Santillo at Santillo's Bar and Grill located at 8195 N. Oracle Road, Suite 105. 7. CZA4.4,41Q—L.,Dep • ent Head AA; a--‘41- - Town Manager ., P`R'EY •;� �, O „ °� 11000 N. La Canada Dr. {" Oro Valley,Arizona 85737 e. ` ► Phone(520)229-4900 FAX(520)797-2616 : DANIEL G.SHARP,Chief of Police 2 www.ovpd.org ._'f �f. y r. AA f�J4T'1'1p, Y yY NDE D ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" TO: Kathryn Cuvelier FROM: 1Daniel G. Sharp RE: Background Investigation, Application for Liquor License Santillo's Bar and Grille 8195 N. Oracle Rd. Ste. 105 DATE: March 28, 2007 On March 27, 2007, the Oro Valley Police Department completed the standard background check on Santillo's Bar and Grille Agent Michael Santillo. As a result of the background check the Oro Valley Police Department does not support recommending approval for the issuance of a liquor license to Santillo's Bar and Grille located at 8195 N. Oracle Rd. Ste. 105. r Summary This restaurant is going in next to the Capin car wash replacing the restaurant"Si". The agent, Michael Santillo, lives in Oro Valley on Kriscott Ct. Santillo has had numerous contacts with the Oro Valley Police Department; however, there have been no arrests. 10 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 18, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Stacey Lemos, Finance Director SUBJECT: Public Hearing — ORDINANCE NO. (0)07- 22 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS; AND DECLARING AN EMERGENCY SUMMARY: All Arizona cities and towns which impose local sales tax have adopted the Model Cities Tax Code. The Town of Oro Valley has adopted this model and incorporated the model language into the Town's Tax Code. Periodically, the League of Arizona Cities and Towns coordinates proposed statewide tax code amendments to promote uniformity and tax code compliance throughout the State. The item you have before you tonight would incorporate proposed tax code amendments for 2007 into the Town Code. These amendments received final approval by the Municipal Tax Code commission at their September 2006 meeting and encompass a combination of changes to state itatute as well as matching the state's imposition of tax on hotels and motels. All of these amendments are designed to reflect recent changes to make compliance with the tax code easier for businesses. For uniformity purposes, the League of Cities and Towns had requested that these amendments be adopted by January 1, 2007. Several cities and towns have missed this deadline, so they are requesting that the ordinances be effective upon adoption, thereby explaining the need for declaring an emergency. More specifically, the 2007 Tax Code Amendments relating to the hotel industry reflect several exemptions introduced in recent years into state statute and to clarify tax treatment of all income at a hotel property so that the hotel can properly collect tax from customers by knowing in advance how the income would be taxed. The listed changes will have little, if any, impact to the Town's sales tax base. ATTACHMENTS: 1. ORDINANCE NO. (0)07- 22 RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS; AND DECLARING AN EMERGENCY ''. Summary of Proposed 2007 Model City Tax Code Changes. rG. The 2007 Amendments to the Tax Code of the Town of Oro Vallley. :\STACEY\Council Communic\07 Tax Code Amend Communication Ordinance.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Approval of the ordinance is recommended. The changes will provide for conformity with Arizona Revised Statutes and are designed to reflect recent changes to make compliance with the tax code easier for businesses. SUGGESTED MOTION: I move to approve ORDINANCE NO. (0)07- 22 ADOPTING THE "2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY, ARIZONA" AND DECLARING AN EMERGENCY OR I move to... /Pi Stacey Le s Finance D. ctor David L. Andrews Town Manager • G:\STACEY\Council Communic\07 Tax Code Amend Communication Ordinance.doc ORDINANCE NO. (0)07- 22 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING "THE 2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF ORO VALLEY" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS; REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; AND PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Section 1: That certain document known as "The 2007 Amendments to the Tax Code of the Town of Oro Valley," three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 07-49 of the Town of Oro Valley, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section 2: Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments to the tax code adopted herein by reference 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. Section 4: The provisions of Section 1 of this Ordinance as it relates to the definition of "transient", Section 3 of this Ordinance as it relates to subsections 8A-410 (b)(3) through (5) and (c) of the Tax Code of the Town of Oro Valley and sections 7, 8, 12, 13 and 14 of this Ordinance shall be effective from and after April 18, 2007. Section 5: The provisions of Section 3 of this Ordinance as it relates to Subsection 8A-410 (b)(2) of the Tax Code of the Town of Oro Valley shall be effective from and after July 1, 1999. Section 6: The provisions of Sections 4, 5 and 6 of this Ordinance shall be effective from and after September 1, 2006. \\Legal\sharefiles\Finance\Misc\Tax Code Amendments\2007 Tax Code Amendment\07 Tax Code Amend Ord .doc Section 7: It is necessary for the preservation of the health and safety of the Town of Oro Valley, Arizona, an emergency is declared to exist, and this Ordinance shall become immediately operative and in force from and after the date of adoption hereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 18th day of April, 2007. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, CMC, Town Clerk Date: APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Date: \\Legal\sharefiles\Finance\Misc\Tax Code Amendments\2007 Tax Code Amendment\07 Tax Code Amend Ord .doc Proposed Model City Tax Code (MCTC) Changes Related to the Hotel Industry The MCTC changes related to the hotel industry reflect several exemptions introduced in recent years into state statute and to otherwise generally match the state's imposition of tax on hotels and motels. This has been done to jointly implement a tax ruling issued by the Arizona Department of Revenue for the hotel and motel industry. The ruling is the result of a long-term project involving the state, the cities and most importantly, the hotel industry. The ruling has been needed by hotels to clarify tax treatment of all income at a hotel property so that the hotel can properly collect tax from customers by knowing in advance how the income would be taxed. The MCTC changes will match the state tax treatment in almost all areas of hotel income. Those differences are clearly highlighted in the ruling. Under both state statute and the MCTC, when the state statutes and the MCTC are the same and the Arizona Department of Revenue has issued written guidance, the Department's interpretation is binding on cities and towns. Extensive statewide training of industry and government employees will take place in September and October 2006 prior to the January 1, 2007 effective date of the ruling. The MCTC changes will also be adopted by Arizona cities and towns to be effective January 1, 2007. Proposed Model City Tax Code (MCTC) Changes To Conform with 2006 Statutory Preemptions The state legislature made changes in the 2006 General Session to A.R.S. § 42- 6004, which lists privilege (sales) tax preemptions for cities and towns. MCTC changes are introduced to conform to these changes. One bill, HB 2132, precludes a tax on the private operator of rides for the portion of amusement ride ticket sales at the State Fair retained by the State Fair Board, retroactive to July 1, 1999. The same bill also changed the sunset provisions for income from a contract to construct a lake facility development. SB 1068 prohibits the cities and towns from taxing development or impact fees that are included in a construction or development contract as of September 1, 2006. Proposed Model City Tax Code (MCTC) Housekeeping Changes Several changes are proposed to correct state statutory references that have changed or to eliminate references to statutes that no longer exist. Other technical changes are proposed for any inconsistent language or structure within the MCTC sections that required statutory reference changes. OUTLINE OF PROPOSED CHANGES TO 411) MODEL CITY TAX CODE (MCTC) TO CONFORM TO STATE STATUTES PRIMARILY RELATED TO HOTELS • Section 100, definition added for "Transient" —word for word from A.R.S. § 42- 5070(F), moved from Sections 444 and 447 and Regulation 310.3 (green page) because it is used in multiple sections of the MCTC. • Subsection 410(b) —moves former (b) to (b)(1). • Subsection 410(b)(2) —added from A.R.S. § 42-5073(B)(4) to exempt income received from a hotel if the hotel will report the amusement income. • Subsection 410(b)(3) —added from A.R.S. § 42-5073(B)(5)(a) to exempt income that is taxable under another category for another business. • Subsection 410(b)(4) —added from A.R.S. § 42-5073(B)(5)(b) to exempt transportation arranged by an amusement business. • Subsection 410(c) — added from A.R.S. § 42-5073(A)(10) to exempt arranging amusement by businesses not in the amusement business. • Subsection 444(a)—combines former(a) and (b) into (a), with reference to Model Option#6. Change from an"option" in subsection (a) that was not a Model or Local 4116 Option, but would only be chosen by Model Option 6 cities. • Subsection 444(b) —moves former(c) to (b)(1). • Subsection 444(b)(2) —added from A.R.S. § 42-5070(C)(1) to exempt income that is taxable under another category for another business. • Subsection 444(b)(3)—added from A.R.S. § 42-5070(D)(1) to exempt income from activities not limited to hotel guests and exempt from tax if received by a non-hotel business. • Subsection 444(b)(4) —added from A.R.S. § 42-5070(D)(2) to exempt income from activities not limited to hotel guests and exempt from tax if received by an amusement or transportation business due to an exclusion, exemption or deduction. • Subsection 444(b)(5)—added from A.R.S. § 42-5070(D)(3) to clarify that income from commissions is not taxable under this section. This exclusion also provides that income from commissions may be taxable under Sections 445 or 450. • Subsection 444(b)(6)—added to clarify that income from telecommunications activity is taxable under Section 470. • Subsection 447—deletes definition of"transient"now in Section 100. • Subsection 470(a)(2)(E) —added to clarify that income received by hotels from telecommunications activity is taxable under this section. September 2006 • Subsection 475(0(1)—added from A.R.S. § 42-5062(B)(2) to exempt income that is taxable under another category for another business. • Subsection 475(0(2)—added from A.R.S. § 42-5062(B)(3) to exempt income from arranging amusement or transportation from the tax on transportation to the extent paid to an amusement or transportation business. • Subsection 475(g) —added from A.R.S. § 42-5062(A)(6) to exempt arranging transportation by businesses not in the transportation business. • Regulation 310.3 (green pages for Phoenix, Scottsdale and Chandler only)—deletes definition of"transient" now in Section 100. • Regulation 447.1 —deletes Regulation no longer needed; covered in State TPR and matrix. MCTC changes—Hotel September 2006 Page 2 2007 AMENDMENTS TO THE • TAX CODE OF THE TOWN OF ORO VALLEY Section 1. Section 8A-100 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-100. General definitions. For the purposes of this Chapter, the following definitions apply: "Assembler"means a person who unites or combines products, wares, or articles of manufacture so as to produce a change in form or substance of such items without changing or altering component parts. "Broker"means any person engaged or continuing in business who acts for another for a consideration in the conduct of a business activity taxable under this Chapter, and who receives for his principal all or part of the gross income from the taxable activity. "Business" means all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit, or advantage, either direct or indirect, but not casual activities or sales. "Business Day" means any day of the week when the Tax Collector's office is open for the public to conduct the Tax Collector's business. "Casual Activity or Sale" means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental, license for use, or lease transaction concerning real property nor any activity entered into by a business taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly engages in selling such property. "Combined Taxes"means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all applicable transportation taxes imposed upon gross income by this County as authorized by Article Ill, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter. "Commercial Property"is any real property, or portion of such property, used for any purpose other than lodging or lodging space,including structures built for lodging but used otherwise,such as model homes, apartments used as offices, etc. "Communications Channel"means any line,wire,cable, microwave,radio signal,light beam,telephone, telegraph, or any other electromagnetic means of moving a message. "Construction Contracting" refers to the activity of a construction contractor. "Construction Contractor"means a person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others,construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement to real property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any person receiving consideration for the general supervision and/or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract. "Delivery (of Notice) by the Tax Collector" means "receipt (of notice) by the taxpayer". "Delivery, Installation, or Other Direct Customer Services" means services or labor, excluding repair p II labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer's books and records. "Engaging ," when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers. "Equivalent Excise Tax" means either: (1) a Privilege Privile e or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or (2) an excise tax levied by a political subdivision of a state other than Arizona upon the transaction in question, and paid either to such jurisdiction directly or to the vendor; or (3) an excise tax levied by a Native American Government organized under the laws of the federal9 overnment upon the transaction in question, and paid either to such jurisdiction directly or to the vendor. "Federal Government" means the United States Government, its departments and agencies; but not including national banks or federally chartered or insured banks, savings and loan institutions, or credit unions. "Food"means any items intended for human consumption as defined by rules and regulations adopted by Department De artment of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106. Under no circumstances shall"food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. "Hotel" means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, inplace within the Town offering house, trailer, or other lodging lodging, wherein the owner thereof,for compensation,furnishes lodging to any transient,except foster homes,rest homes, sheltered care homes, nursing homes, or primary health care facilities. "Jet Fuel" means jet fuel as defined in A.R.S. Section 42-5351. "Job Printing" means the activity of copying or reproducing an article by any means, process, or method. "Jobrintin " includes engraving of printing plates, embossing, copying, micrographics, and P 9 photo reproduction. "Lessee" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Lessor" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Licensing(for Use)"means any agreement between the user("licensee")and the owner or the owner's ' ' useof the licensor's property whereby the licensor receives consideration, agent ( licensor') for the p p Y where such agreement does not qualify as a "sale" or"lease" or"rental" agreement. "Lodging (Lodging Space)" means any room or apartment in a hotel or any other provider of rooms, 9 9 trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanyingthe use and possession of said dwelling space, including storage or parking space for the property of said tenant. "Manufactured Buildings"means a manufactured home, mobile home or factory built building,as defined in A.R.S. Section 41-2142. "Manufacturer" means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations. "Miningand Metallurgical Supplies"means all tangible personal property acquired by persons engaged 9 in activities defined in Section 8A-432 for such use. This definition shall not include: (1) janitorial equipment and supplies. (2) office equipment, office furniture, and office supplies. (3) motor vehicles licensed for use upon the highways of the State. NOW "Modifier" means a person who reworks, changes, or adds to products, wares, or articles of manufacture. "Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State. "Occupancy (of Real Property)" means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property. "Out-of-Town Sale" means the sale of tangible personal property and job printing if all of the following occur (1) transference of title and possession occur without the Town; and (2) the stock from which such personal property was taken was not within the corporate limits of the Town; and (3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the situs of the receipt of the order. For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out-of-Town storehouses and out-of-Town retail branch outlets from a primary storehouse within the Town. "Out-of-State Sale" means the sale of tangible personal property and job printing if all of the following occur: (1) The order is placed from without the State of Arizona; and (2) the order is placed by other than a resident of the State to be determined in a manner similar to "resides within the Town"; and (3) the property is delivered to the buyer at a location outside the State; and (4) the property is purchased for use outside the State. "Owner-Builder" means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property. "Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from any general or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of taxation of transactions with its parent corporation. "Prosthetic" means any of the following tangible personal property if such items are prescribed or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist, osteopathic physician or surgeon, psychologist,hearing aid dispenser, physician assistant, nurse practitioner or veterinarian: (1) any man-made device for support or replacement of a part of the body, or to increase acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces. (2) insulin, insulin syringes, and glucose test strips sold with or without a prescription. (3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes. (4) drugs or medicine, including oxygen. (5) equipment used to generate, monitor, or provide health support systems, such as respiratory equipment, oxygen concentrator, dialysis machine. (6) durable medical equipment which has a federal health care financing administration common procedure code,is designated reimbursable by Medicare,can withstand repeated `" use, is primarily and customarily used to serve a medical purpose, is generally not useful to aP erson in the absence of illness or injury and is appropriate for use in the home. "Qualifying Community Health Center" of the United (al) means an entity that is recognized as nonprofit under Section 501(c)(3) States Internal Revenue Code, that is a community-based, primary care clinic that has a community-based board of directors and that is either: (-1•a) the sole provider of primary care in the community. (2b) a nonhospital affiliated clinic that is located in a federally designated medically P underserved area in this State. (b2) includes clinics that are being constructed as qualifying community health centers. "Qualifying Health Care Organization" means an entity that is recognized as nonprofit under Section 501(c)of the United States Internal Revenue Code and that uses, saves or invests at least eighty per cent of all monies that it receives from all sources each year only for health and medical related educational and charitable services, as documented by annual financial audits prepared by an independent certified public accountant, performed according to generally accepted accounting P standards and filed annually with the Arizona Department of Revenue. Monies that are used, saved or invested to lease,P urchase or construct a facility for health and medical related education and charitable services are included in the eighty percent(80%) requirement. "Qualifying Hospital" means any of the following: (1) a licensed hospital which is organized and operated exclusively for charitable purposes, noP art of the net earnings of which inures to the benefit of any private shareholder or individual. (2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated erated in conjunction with a licensed nursing care institution or a licensed kidney dialysis sis center,which provides medical services, nursing services or health related services and is not used or held for profit. (3) a hospital,hos ital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State. (4) afacility that is under construction and that on completion will be a facility under subdivision (1), (2), or(3) of this paragraph. "Receipt(of Notice) by the Taxpayer"means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer's address of record with the Tax Collector. "Remediation" means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result 9 g from a release or threat of release of a hazardous substance that will or may affect the waters of the State. Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation usingmicrobes that are nonpathogenic, nonopportunistic and that are naturally 9 occurring. Remediation activities may include community information and participation costs and providing an alternative drinking water supply. "Rental Equipment"means tangible personal property sold, rented, leased, or licensed to customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that: (1) (Reserved) 21 the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (32) the item so claimed as"rental equipment"is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Rental Supply"means an expendable or nonexpendable repair or replacement part sold to become part of"rental equipment", provided that: 41111116 (1) the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of"rental equipment"to which the purchased item is intended to be attached as a repair or replacement part; and (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as"rental equipment"is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Repairer" means a person who restores or renews products, wares, or articles of manufacture. "Resides within the Town" means in cases other than individuals, whose legal addresses are determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town. "Restaurant" means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business,which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a"restaurant", and not a "retailer". "Retail Sale(Sale at Retail)"means the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such property. "Retailer" means any person engaged or continuing in the business of sales of tangible personal property at retail. 411P "Sale"means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions,of property for a consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. "Sale"also includes the fabrication of tangible personal property for consumers who, in whole or in part,furnish either directly or indirectly the materials used in such fabrication work. "Speculative Builder" means either: (1) an owner-builder who sells or contracts to sell, at anytime, improved real property (as provided in Section 8A-416) consisting of: A) custom, model, or inventory homes, regardless of the stage of completion of such homes; or B) improved residential or commercial lots without a structure; or (2) an owner-builder who sells or contracts to sell improved real property, other than improved real property specified in subsection (1) above: A) prior to completion; or B) before the expiration of twenty-four(24) months after the improvements of the real property sold are substantially complete. "Substantially Complete" means the construction contracting or reconstruction contracting: (1) has passed final inspection or its equivalent; or (2) certificate of occupancy or its equivalent has been issued; or (3) is ready for immediate occupancy or use. "Supplier"means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, %ow manufacturers,modifiers,assemblers,repairers,or those engaged in the business of providing services which involve the use, sale, rental, lease, or license of tangible personal property. "Tax Collector" means the Town Council or its designee or agent for all purposes under this Chapter. "Taxpayer" means any person liable for any tax under this Chapter. "Telecommunication Service"means any service or activity connected with the transmission or relay of sound, visual image, data, information, images, or material over a communications channel or any combination of communications channels. "TRANSIENT" MEANS ANY PERSON WHO EITHER AT THE PERSON'S OWN EXPENSE OR AT THE EXPENSE OF ANOTHER OBTAINS LODGING SPACE OR THE USE OF LODGING SPACE ON A DAILY OR WEEKLY BASIS,OR ON ANY OTHER BASIS FOR LESS THAN THIRTY(30)CONSECUTIVE DAYS. "Utility Service" means the producing, providing, or furnishing of electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers. Section 2. Section 8A-266 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-266. Exclusion of motor carrier revenues from gross income. There shall be excluded from gross income the gross proceeds of sale or gross income derived from any of the following: (a) a motor carrier's use on the public highways in this State if the motor carrier is subject to a fee prescribed in A.R.S.TITLE 28, CHAPTER 15,ARTICLE 4 OR A.R.S. Title 28, Chapter 16, Article 4. (b) Leasing, renting or licensing a motor vehicle subject to and upon which the fee has been paid under A.R.S. Title 28, Chapter 16. (c) The sale of a motor vehicle and any repair and replacement parts and tangible personal property becoming a part of such motor vehicle, to a motor carrier who is subject to a fee prescribed in A.R.S. Title 28, Chapter 16 and who is engaged in the business of leasing, renting or licensing such property. (d) for the purposes of these exclusions, "motor carrier" includes a motor vehicle weighing 26,000 pounds or more, a lightweight motor vehicle which weighs 12,001 pounds to 26,000 pounds and a light motor vehicle weighing 12,000 pounds or less,which pay the fee prescribed in A.R.S.TITLE 28, CHAPTER 15 OR A.R.S. Title 28, Chapter 16. Section 3. Section 8A-410of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-410. Amusements, exhibitions, and similar activities. (a) The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in THE BUSINESS OF PROVIDING AMUSEMENT THAT BEGINS IN THE TOWN OR TAKES PLACE ENTIRELY WITHIN THE TOWN,WHICH INCLUDES the following type or nature of businesses: (1) operating or conducting theaters, movies,operas,shows of any type or nature, exhibitions, concerts, carnivals, circuses, amusement parks, menageries, fairs, races, contests, games, billiard or pool parlors, bowling alleys, skating rinks, tennis courts, golf courses, video games, pinball machines, public dances, dance halls, sports events, jukeboxes, batting and driving ranges, animal rides, or any other business charging admission for exhibition, amusement, or entertainment. (2) (Reserved) (b) d) DEDUCTIONS OR EXEMPTIONS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION: (1) (RESERVED) (2) AMOUNTS RETAINED BY THE ARIZONA EXPOSITION AND STATE FAIR BOARD FROM RIDE TICKET SALES AT THE ANNUAL ARIZONA STATE FAIR. (3) INCOME RECEIVED FROM A HOTEL BUSINESS SUBJECT TO TAX UNDER SECTION 8A-444,IF ALL OF THE FOLLOWING APPLY: (A) THE HOTEL BUSINESS RECEIVES GROSS INCOME FROM A CUSTOMER FOR THE SPECIFIC BUSINESS ACTIVITY OTHERWISE SUBJECT TO AMUSEMENT TAX. (B) THE CONSIDERATION RECEIVED BY THE HOTEL BUSINESS IS EQUAL TO OR GREATER THAN THE AMOUNT TO BE DEDUCTED UNDER THIS SUBSECTION. (C) THE HOTEL BUSINESS HAS PROVIDED AN EXEMPTION CERTIFICATE TO THE PERSON 4111 ENGAGING IN BUSINESS UNDER THIS SECTION. (4) INCOME THAT IS SPECIFICALLY INCLUDED AS THE GROSS INCOME OF A BUSINESS ACTIVITY UPON WHICH ANOTHER SECTION OF THIS ARTICLE IMPOSES A TAX,THAT IS SEPARATELY STATED TO THE CUSTOMER AND IS TAXABLE TO THE PERSON ENGAGED IN THAT CLASSIFICATION NOT TO EXCEED CONSIDERATION PAID TO THE PERSON CONDUCTING THE ACTIVITY. (5) INCOME FROM ARRANGING TRANSPORTATION CONNECTED TO AMUSEMENT ACTIVITY THAT IS SEPARATELY STATED TO THE CUSTOMER, NOT TO EXCEED CONSIDERATION PAID TO THE TRANSPORTATION BUSINESS. (C) THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE ARRANGING AN AMUSEMENT ACTIVITY AS A SERVICE TOA PERSON'S CUSTOMERS IF THAT PERSON IS NOT OTHERWISE ENGAGED IN THE BUSINESS OF OPERATING OR CONDUCTING AN AMUSEMENT THEMSELVES OR THROUGH OTHERS.THIS EXCEPTION DOES NOTAPPLY TO BUSINESSES THAT OPERATE OR CONDUCTAMUSEMENTS PURSUANT TO CUSTOMER ORDERS AND SEND THE BILLINGS AND RECEIVE THE PAYMENTS ASSOCIATED WITH THAT ACTIVITY,INCLUDING WHEN THE AMUSEMENT IS PERFORMED BY THIRD PARTY INDEPENDENT CONTRACTORS. FOR THE PURPOSES OF THIS PARAGRAPH,"ARRANGING"INCLUDES BILLING FOR OR COLLECTING AMUSEMENT CHARGES FROM A PERSON'S CUSTOMERS ON BEHALF OF THE PERSONS PROVIDING THE AMUSEMENT. Section 4. Section 8A-415 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-415. Construction contracting: construction contractors. (a) The tax rate shall be at an amount equal to four percent(4%)of the gross income from the business upon every construction contractor engaging or continuing in the business activity of construction contracting within the Town. (1) However, gross income from construction contracting shall not include charges related to groundwater measuring devices required by A.R.S. Section 45-604. No. (2) (Reserved) construction contractingshall not include gross income from the (3) gross income from sale of manufactured buildings taxable under Section 8A-427. (b) Deductions and exemptions. (1) Gross income derived from acting as a"subcontractor"shall be exempt from the tax imposed by this Section. (2) All construction contracting gross income subject to the tax and not deductible herein shall be allowed a deduction of thirty-five percent (35%). proceeds(3) gross The of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (A) Section 8A-465, subsections (g) and (p) (B) (Reserved) shall be exempt or deductible, respectively, from the tax imposed by this Section. (4) gross Theproceeds of sales or gross income that is derived from a contract entered into for the installation,assembly,repair or maintenance of income-producing capital equipment, as defined in Section 8A-110, That is deducted from the retail classification pursuant to Section 8A-465(g) that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income-producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph,"permanent attachment"means at least one of the following: (A) to be incorporated into real property. (B) to become so affixed to real property that it becomes part of the real property. (C) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (5) Thegross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. (6) Thegross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8A-465, subsection (g) shall e exempt from the tax imposed under this Section. (7) The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this State for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor,control or reduce air, water or land pollution shall be exempt from the tax imposed under this Section. (8) Thegross proceeds of sales or gross income received from a post construction contract to perform post-construction treatment of real property for termite and general pest control,including wood destroying organisms,shall be exempt from tax imposed under this section. (9) THROUGH DECEMBER 31, 2009, THE GROSS PROCEEDS OF SALES OR GROSS INCOME RECEIVED FROM A CONTRACT FOR CONSTRUCTING ANY LAKE FACILITY DEVELOPMENT IN A COMMERCIAL ENHANCEMENT REUSE DISTRICT THAT IS DESIGNATED PURSUANT TO A.R.S. § 9-499.08 IF THE CONTRACTOR MAINTAINS THE FOLLOWING RECORDS IN A FORM SATISFACTORY TO THE ARIZONA DEPARTMENT OF REVENUE AND TO THE TOWN: �; (A) THE CERTIFICATE OF QUALIFICATION OF THE LAKE FACILITY DEVELOPMENT ISSUED • BY THE TOWN PURSUANT TO A.R.S. §9-499.08, SUBSECTION D. (B) ALL STATE AND LOCAL TRANSACTION PRIVILEGE TAX RETURNS FOR THE PERIOD OF TIME DURING WHICH THE CONTRACTOR RECEIVED GROSS PROCEEDS OF SALES OR GROSS INCOME FROM A CONTRACT TO CONSTRUCT A LAKE FACILITY DEVELOPMENT IN A DESIGNATED COMMERCIAL ENHANCEMENT REUSE DISTRICT, SHOWING THE AMOUNT EXEMPTED FROM STATE AND LOCAL TAXATION. (C) ANY OTHER INFORMATION CONSIDERED TO BE NECESSARY. (10) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND OTHER PUBLIC SERVICES TO A DEVELOPMENT. (c) "Subcontractor" means a construction contractor performing work for either: (1) a construction contractor who has provided the subcontractor with a written declaration that he is liable for the tax for the project and has provided the subcontractor his Town Privilege License number. (2) an owner-builder who has provided the subcontractor with a written declaration that: (A) the owner-builder is improving the property for sale; and (B) the owner-builder is liable for the tax for such construction contracting activity; and (c) the owner-builder has provided the contractor his Town Privilege License number. (3) a person selling new manufactured buildings who has provided the subcontractor with a written declaration that he is liable for the tax for the site preparation and set-up; and provided the subcontractor his Town Privilege License number. Subcontractor also includes a construction contractor performing work for another subcontractor as defined above. Section 5. Section 8A-416 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-416. Construction contracting: speculative builders. (a) The tax shall be equal to four percent(4%)of the gross income from the business activity upon every person engaging or continuing in business as a speculative builder within the Town. (1) The gross income of a speculative builder considered taxable shall include the total selling price from the sale of improved real property at the time of closing of escrow or transfer of title. (2) "Improved Real Property" means any real property: (A) upon which a structure has been constructed; or (B) where improvements have been made to land containing no structure(such as paving or landscaping); or (C) which has been reconstructed as provided by Regulation; or (D) where water, power, and streets have been constructed to the property line. (3) "Sale of Improved Real Property" includes any form of transaction, whether characterized as a lease or otherwise,which in substance is a transfer of title of, or equitable ownership in, improved real property and includes any lease of the property for a term of thirty (30) years or more (with all options for renewal being included as a part of the term). In the case of multiple unit projects, "sale"refers to the sale of the entire project or to the sale of any individual parcel or unit. (4) "Partially Improved Residential Real Property,"as used in this Section, means any improved real property, as defined in subsection (a)(2) above, being developed for sale to individual homeowners, where the construction of the residence upon such property is not substantially complete at the time of the sale. (b) Exclusions. (1) In cases involving reconstruction contracting, the speculative builder may exclude fromross income the prior value allowed for reconstruction contracting in g determining his taxable gross income, as provided by Regulation. (2) Neither the cost nor the fair market value of the land which constitutes part of the improved real property soldmay be excluded or deducted from gross income subject to the tax imposed by this Section. (3) (Reserved) P A speculative builder may exclude gross income from the sale of partially improved (4) residential real property as defined in (a)(4) above to another speculative builder only if all of the following conditions are satisfied: I real Th e speculative builder purchasing the partially improved residentia(A) property has a valid Town privilege license for construction contracting as a p g speculative builder, and the seller with a (B) At the time of the transaction, the purchaser provides properly completed written declaration that the purchaser assumes liability for P Y and will pay all privilege taxes which would otherwise be due the Town at the time of sale of the partially improved residential real property; and (C) The seller also: (i) maintains proper records of such transactions in a manner similar to in this chapter relating requirements providedp to sales for resale; and buyer for the (ii) retains a copy of the written declaration provided by the bu y transaction; and (iii) is properly licensed with the Town as a speculative builder and provides the Town with the written declaration attached to the Town privilege tax return where he claims the exclusion. (c) Tax liabilityfor speculative builders occurs at close of escrow or transfer of title,whichever the followingprovisions, relatingto exemptions,deductions occursearller,andlssubjectto and tax credits: (1) Exemptions. The proceeds of sales or gross income attributable to the purchase of (A) gross• orother tangiblepersonal property that is exempt from machinery,equipment g P P or deductible from privilege or use tax under: (i) Section 8A-465, subsections (g) and (p) (ii) (Reserved) shall be exempt or deductible, respectively, from the tax imposed by this Section. B The gross proceeds of sales or gross income received from a contract for the ( ) environmentallycontrolled facilityfor the raising of poultry construction of an for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. Th e gross proceeds of sales or gross income that is derived from the (C) installation,assembly,repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8A-465, subsection (g) shall be exempt from the tax imposed under this section. D The gross proceeds of sales or gross income that is derived from a contract ( ) entered into with a personengaged who is ed in the commercial production of gg livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure,project,development or improvement used directly and primarily to prevent, monitor, control or reduce air,water or land pollution shall be exempt from the tax imposed under this Section. (E) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND OTHER PUBLIC SERVICES TO A DEVELOPMENT. (2) Deductions. (A) All amounts subject to the tax shall be allowed a deduction in the amount of o thirty-five percent(35%). B The gross proceeds of sales or gross income that is derived from a contract ( ) entered into for the installation,ll ion assembly, repair or maintenance of income- producing roducing capital equipment, as defined in Section 8A-110, that is deducted from the retail classification pursuant to Section 8A-465(g), that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure,project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income- producing capital equipment, the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, "permanent attachment"means at least one of the following: (i) to be incorporated into real property. (ii) to become so affixed to real property that it becomes part of the real property. (iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (3) Tax credits. The following tax credits are available to owner-builders or speculative builders, not to exceed the tax liability against which such credits apply, provided such credits are documented to the satisfaction of the tax collector (A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder. (B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property. (C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported. Section 6. Section 8A-417 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-417. Construction contracting: owner-builders who are not speculative builders. (a) At the expiration of twenty-four (24) months after improvement to the property is substantially complete,the tax liability for an owner-builder who is not a speculative builder shall be at an amount equal to four percent(4%) of: (1) the gross income from the activity of construction contracting upon the real property in question which was realized by those construction contractors to whom the owner-builder provided written declaration that they were not responsible for the taxes as prescribed in Subsection 8A-415(c)(2); and (2) the purchase of tangible personal property for incorporation into any improvement to real property, computed on the sales price. (b) The tax liability of this Section is subject to the following provisions, relating to exemptions, deductions and tax credits: (1) Exemptions. (A) The gross proceeds of sales or gross income attributable to the purchase of machinery,equipment or other tangible personal property that is exempt from or deductible from privilege or use tax under: (i) Section 8A-465, subsections (g) and (p) (ii) (Reserved) shall be exempt or deductible, respectively, from the tax imposed by this Section. (B) The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry • for the production of eggs and the sorting, or cooling and packaging of eggs shall be exempt from the tax imposed under this Section. C The gross proceeds of sales or gross income that is derived from the ( ) installation,assembly, repair or maintenance of cleanrooms that are deducted from the tax base of the retail classification pursuant to Section 8A-465, subsection (g) shall be exempt from the tax imposed under this Section. D The gross proceeds of sales or gross income that is derived from a contract ( ) who is engaged in the commercial production of entered into with a person livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the construction, alteration, repair, improvement, movement, wrecking or demolition or addition to or subtraction from any building, highway, road, excavation, manufactured building or other structure,project,development or improvement used directly and primarily to prevent, monitor, control or reduce air,water or land pollution shall be exempt from the tax imposed under this Section. (E) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND OTHER PUBLIC SERVICES TO A DEVELOPMENT. (2) Deductions. (A) All amounts subject to the tax shall be allowed a deduction in the amount of thirty-five percent (35%). (B) The gross proceeds of sales or gross income that is derived from a contract entered into for the installation, assembly, repair or maintenance of income- producing capital equipment, as defined in Section 8A-110, that is deducted from the retail classification pursuant to Section 8A-465(g), that does not become a permanent attachment to a building, highway, road, railroad, excavation or manufactured building or other structure, project, development or improvement shall be exempt from the tax imposed by this Section. If the ownership of the realty is separate from the ownership of the income- producing capital equipment,the determination as to permanent attachment shall be made as if the ownership was the same. The deduction provided in this paragraph does not include gross proceeds of sales or gross income from that portion of any contracting activity which consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of the income-producing capital equipment. For purposes of this paragraph, "permanent attachment"means at least one of the following: (i) to be incorporated into real property. (ii) to become so affixed to real property that it becomes part of the real property. (iii) to be so attached to real property that removal would cause substantial damage to the real property from which it is removed. (3) Tax credits. The following tax credits are available to owner-builders and speculative builders, not to exceed the tax liability against which such credits apply, provided such credits are documented to the satisfaction of the tax collector: (A) A tax credit equal to the amount of town privilege or use tax, or the equivalent excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge paid directly to the vendor with respect to the tangible personal property incorporated into the said structure or improvement to real property undertaken by the owner-builder or speculative builder. (B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged separately to the speculative builder, by a construction contractor, on the gross income derived by said person from the construction of any improvement to the real property. (C) No credits provided herein may be claimed until such time that the gross income against which said credits apply is reported. The limitation period for the assessment of taxes imposed by this Section is measured (c) basedisreportable, that is, in the reporting period that upon when such liability pP encompasses the twenty-fifth (25th) month after said unit or project was substantially complete. Interest and penalties, as provided in Section 8A-540, will be based on reportable date. (d) (Reserved) Section 7. Section 8A-444 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-444. Hotels. The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engaging or continuing in the business of operating a hotel charging for lodging and/or lodging space furnished to any: (a) Person. (b) (Reserved) (B) EXCLUSIONS. THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE: (1) INCOME DERIVED FROM INCARCERATING OR DETAINING PRISONERS WHO ARE UNDER THE JURISDICTION OF THE UNITED STATES,THIS STATE OR ANY OTHER STATE OR A POLITICAL SUBDIVISION OF THIS STATE OR OF ANY OTHER STATE IN A PRIVATELY OPERATED PRISON, JAIL OR DETENTION FACILITY. (2) GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS PROPERLY INCLUDED IN ANOTHER BUSINESS ACTIVITY UNDER THIS ARTICLE AND THAT IS TAXABLE TO THE PERSON ENGAGED IN THAT BUSINESS ACTIVITY, BUT THE GROSS PROCEEDS OF SALES OR GROSS INCOME TO BE DEDUCTED SHALL NOT EXCEED THE CONSIDERATION PAID TO THE PERSON CONDUCTING THE ACTIVITY. (3) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM TRANSACTIONS OR ACTIVITIES THAT ARE NOT LIMITED TO TRANSIENTS AND THAT WOULD NOT BE TAXABLE IF ENGAGED IN BY A PERSON NOT SUBJECT TO TAX UNDER THIS ARTICLE. (4) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM TRANSACTIONS OR ACTIVITIES THAT ARE NOT LIMITED TO TRANSIENTS AND THAT WOULD NOT BE TAXABLE IF ENGAGED IN BY A PERSON SUBJECT TO TAXATION UNDER SECTION 8A-410 OR SECTION 8A-475 DUE TO AN EXCLUSION, EXEMPTION OR DEDUCTION. (5) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM COMMISSIONS RECEIVED FROM A PERSON PROVIDING SERVICES OR PROPERTY TO THE CUSTOMERS OF THE HOTEL. HOWEVER, SUCH COMMISSIONS MAY BE SUBJECT TO TAX UNDER SECTION 8A-445 OR SECTION 8A-450 AS RENTAL, LEASING OR LICENSING FOR USE OF REAL OR TANGIBLE PERSONAL PROPERTY. (6) INCOME FROM PROVIDING TELEPHONE,FAX OR INTERNET SERVICES TO CUSTOMERS AT AN ADDITIONAL CHARGE,THAT IS SEPARATELY STATED TO THE CUSTOMER AND IS SEPARATELY MAINTAINED IN THE HOTEL'S BOOKS AND RECORDS. HOWEVER, SUCH GROSS PROCEEDS OF SALES OR GROSS INCOME MAY BE SUBJECT TO TAX UNDER SECTION 8A-470 AS TELECOMMUNICATION SERVICES. - - - --v -� � ��1� - -� � - - -� - ••- - _ - • 'v _� • .iip • • v • v • •• . • ••vl lv• • • • •v ._. • •• • V vl - - -- - - tax imposed by this Section. Section 8. Section 8A-447of the Tax Code of the Town of Oro Valley is amended to read: Sec.8A-447. Rental,leasing,and licensing for use of real property: additional tax upon transient lodging. In addition to the taxes levied as provided in Section 8A-444, there is hereby levied and shall be collected an additional tax in an amount equal to six percent(6%)of the gross income from the business activity of any hotel engaging or continuing within the Town in the business of charging for lodging and/or lodging space furnished to any transient. " _ - " --:---- - - - - - -a, a charge is made. Section 9. Section 8A-450 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-450. Rental, leasing, and licensing for use of tangible personal property. (a) The tax rate shall be at an amount equal to two percent(2%)of the gross income from the business activity upon every person engaging or continuing in the business of leasing, licensing for use, or renting tangible personal property for a consideration, including that which is semi-permanently or permanently installed within the Town as provided by Regulation. (b) Special provisions relating to long-term motor vehicle leases. A lease transaction involving a motor vehicle for a minimum period of twenty-four(24) months shall be considered to have occurred at the location of the motor vehicle dealership, rather than the location of the place of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold, transferred, or otherwise assigned to a lease financing institution; provided further that the city or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent excise tax upon the transaction. (c) Gross income derived from the following transactions shall be exempt from Privilege Taxes imposed by this Section: (1) rental,leasing,or licensing for use of tangible personal property to persons engaged or continuing in the business of leasing, licensing for use, or rental of such property. (2) rental, leasing, or licensing for use of tangible personal property that is semi-permanently or permanently installed within another city or town that levies an equivalent excise tax on the transaction. (3) rental, leasing, or licensing for use of film,tape,or slides to a theater or other person taxed under Section 8A-410, or to a radio station, television station, or subscription television system. (4) rental, leasing, or licensing for use of the following: (A) prosthetics. (B) income-producing capital equipment. (C) mining and metallurgical supplies. These exemptions include the rental, leasing, or licensing for use of tangible personal property which, if it had been purchased instead of leased, rented, or licensed by the lessee or licensee, would qualify as income-producing capital equipment or mining and metallurgical supplies. (5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital,qualifying community health center or a qualifying health care organization, except when the property so rented, leased, or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or rental, leasing, or licensing for use of tangible personal property in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3)of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (6) separately billed charges for delivery, installation, repair, and/or maintenance as provided by Regulation. (7) charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services. (8) the gross income from coin-operated washing, drying, and dry cleaning machines, or from coin-operated car washing machines. This exemption shall not apply to suppliers or distributors renting, leasing, or licensing for use of such equipment to persons engaged in the operation of coin-operated washing, drying, dry cleaning, or car washing establishments. (9) rental, leasing, or licensing of aircraft that would qualify as aircraft acquired for use outside the State, as prescribed by Regulation, if such rental, leasing, or licensing had been a sale. (10) rental, leasing and licensing for use of an alternative fuel vehicle as defined in • . . - - 6- : :;• if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. Section 1-215. Section 10. Section 8A-455 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-455. Restaurants and Bars. (a) The tax rate shall be at an amount equal to two percent(2%)of the gross income from the business activity upon every person engaging or continuing in the business of preparing or serving food or beverage in a bar, cocktail lounge, restaurant, or similar establishment where articles of food or drink are prepared or served for consumption on or off the premises, including also the activity of catering. Cover charges and minimum charges must be included in the gross income of this business activity. (b) Caterers and other taxpayers subject to the tax who deliver food and/or serve such food off premises shall also be allowed to exclude separately charged delivery, set-up, and clean-up charges, provided that the charges are also maintained separately in the books and records. When a taxpayer delivers food and/or serves such food off premises, his regular business location shall still be deemed the location of the transaction for the purposes of the tax imposed by this Section. (c) The tax imposed by this Section shall not apply to sales to a qualifying hospital, qualifying community health center or a qualifying health care organization,except when sold for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512. (d) The tax imposed by this Section shall not apply to sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42-1310.01(a)(48), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. (e) The tax imposed by this Section shall not apply to sales of prepared food, beverages, condiments or accessories to a public educational entity, pursuant to any of the provisions of Title 15,Arizona Revised Statutes,to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. (f) For the purposes of this Section,"accessories"means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. Section 11. Section 8A-465 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-465. Retail sales: exemptions. Income derived from the following sources is exempt from the tax imposed by Section 14-460: (a) 9sales of tangible personal property to a person regularly engaged in the business of selling such property. (b) out-of-Town sales or out-of-State sales. (c) charges for delivery, installation, or other direct customer services as prescribed by Regulation. (d) charges forrepair services as prescribed by Regulation, when separately charged and separately maintained in the books and records of the taxpayer. (e) sales of warranty, maintenance, and service contracts, when separately charged and separately maintained in the books and records of the taxpayer. (f) sales of prosthetics. (g) sales of income-producing capital equipment. (h) sales of rental equipment and rental supplies. (i) sales of mining and metallurgical supplies. (j) sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use fuel to a holder of a valid single trip use fuel tax permit issued under A.R.S. Section 28-5739,or sales of natural gas or liquefied petroleum gas used to propel a motor vehicle. (k) sales of tangible personal property to a construction contractor who holds a valid Privilege Tax License for engaging or continuing in the business of construction contracting where the tangible personal property sold is incorporated into any structure or improvement to real property as part of construction contracting activity. (I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or delivers the motor vehicle to a destination outside this State. (m) sales of tangible personal property which directly enters into and becomes an ingredient or component part of a product sold in the regular course of the business of job printing, manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible personal property which is consumed or used up in a manufacturing, job printing, publishing, or production process is not an ingredient nor component part of a product. (n) (Reserved) (1) (Reserved) (2) (Reserved) (o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar establishments of articles consumed as food, drink, or condiment,whether simple, mixed, or compounded, where such articles are customarily prepared or served to patrons for consumption on or off the premises,where the purchaser is properly licensed and paying a tax under Section 8A-455 or the equivalent excise tax upon such income. (p) sales of tangible personal property to a qualifying hospital, qualifying community health center or a qualifying health care organization, except when the property sold is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512 or sales of tangible personal property purchased in this State by a nonprofit charitable organization that has qualified under Section 501(c)(3)of the United States Internal Revenue Code and that engages in and uses such property exclusively for training, job placement or rehabilitation programs or testing for mentally or physically handicapped persons. (q) sales of food for home consumption. (r) sales of the following to persons engaging or continuing in the business of farming, ranching, or feeding livestock, poultry or ratites: (1) seed, fertilizer, fungicides, seed treating chemicals, and other similar chemicals. (2) feed for livestock, poultry or ratites, including salt, vitamins, and other additives to such feed. (3) livestock, poultry or ratites purchased or raised for slaughter, but not including livestock purchased or raised for production or use, such as milch cows, breeding bulls, laying hens, riding or work horses. (4) (Reserved) This exemption shall not be construed to include machinery, equipment, fuels, lubricants, pharmaceuticals, repair and replacement parts, or other items used or consumed in the running, maintenance, or repair of machinery, equipment, buildings, or structures used or consumed in the business of farming, ranching, or feeding of livestock, poultry or ratites. (s) sales of groundwater measuring devices required by A.R.S. Section 45-604. (t) sales of paintings, sculptures or similar works of fine art, provided that such works of fine art are sold by the original artist; and provided further that sales of"art creations", such as jewelry,macrame,glasswork, pottery,woodwork, metalwork,furniture,and clothing,when such "art creations" have a dual purpose, both aesthetic and utilitarian, are not exempt, whether sold by the artist or by another. (u) sales of aircraft acquired for use outside the State, as prescribed by Regulation. (v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562 and 3-563. (w) (Reserved) (x) sales of food and drink to a properly licensed restaurant which provides such food and drink without monetary charge to its employees for their own consumption on the premises during such employees' hours of employment. (y) (Reserved) (z) gross income received for tangible personal property consisting of manufactured items destroyed by being subjected to destructive stress, strain or similar testing,for the purpose of developing engineering information or for the purpose of quality control, but only to the extent that a sale of said property would otherwise be exempt by the provisions of this Chapter. (aa) the sale of tangible personal property used in remediation contracting as defined in Section 8A-100 and Regulation 8A-100.5. (bb) sales of materials that are purchased by or for publicly funded libraries including school district libraries, charter school libraries, community college libraries, state university libraries or federal, state, county or municipal libraries for use by the public as follows: (1) printed or photographic materials. (2) electronic or digital media materials. (cc) sales of food, beverages, condiments and accessories used for serving food and beverages to a commercial airline, as defined in A.R.S. § 42-5061(A)(5949), that serves the food and beverages to its passengers, without additional charge, for consumption in flight. For the purposes of this subsection,"accessories"means paper plates,plastic eating utensils, napkins,paper cups,drinking straws,paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (dd) in computing the tax base in the case of the sale or transfer of wireless telecommunication equipment as an inducement to a customer to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470, gross proceeds of sales or gross income does not include any sales commissions or other compensation received by the retailer as a result of the customer entering into or continuing a contract for the telecommunications services. (ee) for the purposes of this Section, a sale of wireless telecommunication equipment to a person who holds the equipment for sale or transfer to a customer as an inducement to enter into or continue a contract for telecommunication services that are taxable under Section 8A-470 is considered to be a sale for resale in the regular course of business. (ff) sales of alternative fuel as defined in A.R.S. § 1-215, to a used oil fuel burner who has received a Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. §49-426 or§ 49-480. (gg) sales of food, beverages, condiments and accessories to a public educational entity, pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such items are to be prepared or served to individuals for consumption on the premises of a public educational entity during school hours. For the purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (hh) sales of personal hygiene items to a person engaged in the business of and subject to tax under Section 8A-444 of this code if the tangible personal property is furnished without additional charge to and intended to be consumed by the person during his occupancy. (ii) For the purposes of this Section, the diversion of gas from a pipeline by a person engaged in the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of the pipeline. (jj) Sales of food, beverages, condiments and accessories to a nonprofit charitable organization that has qualified as an exempt organization under 26 U.S.0 Section 501(c)(3)and regularly serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of this subsection,"accessories"means paper plates,plastic eating utensils,napkins,paper cups,drinking straws,paper sacks or other disposable containers, or other items which facilitate the consumption of the food. (kk) (Reserved) {-f+)(kk) sales of motor vehicles that use alternative fuel as defined in A.R.S. § 43-1083 if such vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as defined in A.R.S. § 1-215. Section 12. Section 8A-470 of the Tax Code of the Town of Oro Valley is amended to read: Sec. 8A-470. Telecommunication services. (a) The tax rate shall be at an amount equal to zero percent(0%)of the gross income from the business activity upon every person engaging or continuing in the business of providing telecommunication services to consumers within this Town. (1) Telecommunication services shall include: (A) two-way voice, sound, and/or video communication over a communications thirchannel. (B) one-way voice, sound, and/or video transmission or relay over a communications channel. (C) facsimile transmissions. (D) providing relay or repeater service. (E) providing computer interface services over a communications channel. (F) time-sharing activities with a computer accomplished through the use of a communications channel. (2) Gross income from the business activity of providing telecommunication services to consumers within this Town shall include: (A) all fees for connection to a telecommunication system. (B) toll charges, charges for transmissions, and charges for other telecommunications services; provided that such charges relate to transmissions originating in the Town and terminating in this State. (C) fees charged for access to or subscription to or membership in a telecommunication system or network. (D) charges for monitoring services relating to a security or burglar alarm system 9 Y located within the Town where such system transmits or receives signals or data over a communications channel. (E) CHARGES FOR TELEPHONE, FAX OR INTERNET ACCESS SERVICES PROVIDED AT AN ADDITIONAL CHARGE BY A HOTEL BUSINESS SUBJECT TO TAXATION UNDER SECTION 8A-444. (b) Resale telecommunication services. Gross income from sales of telecommunication services to another provider of telecommunication services for the purpose of providing the purchaser's customers with such service shall be exempt from the tax imposed by this Section; provided, however, that such purchaser is properly licensed by the Town to engage in such business. (c) Interstate transmissions. Charges by a provider of telecommunication services for transmissions originating in the Town and terminating outside the State are exempt from the tax imposed by this Section. (d) (Reserved) (e) However, gross income from the providing of telecommunication services by a cable television system, as such system is defined in A.R.S. Section 9-505, shall be exempt from the tax imposed by this Section. (f) Prepaid calling cards. Telecommunications services purchased with a prepaid calling card that are taxable under Section 8A-460 are exempt from the tax imposed under this Section. (g) Internet Access Services - the gross income subject to tax under this section shall not include sales of internet access services to the person's subscribers and customers. For the purposes of this subsection: (1) "Internet"means the computer and telecommunications facilities that comprise the interconnected worldwide network of networks that employ the transmission control protocol or internet protocol, or any predecessor or successor protocol, to communicate information of all kinds by wire or radio. (2) "Internet Access" means a service that enables users to access content, information,electronic mail or other services over the Internet. Internet access does not include telecommunication services provided by a common carrier. Section 13. Section 8A-475 of the Tax Code of the Town of Oro Valley is amended to read: I Sec. 8A-475. Transporting for hire. The tax rate shall be at an amount equal to two percent (2%) of the gross income from the business activity upon every person engagingor continuing in the business of providing the following forms of transportation for hire from this Town to another point within the State: (a) transporting persons ortin of or property by railroad; provided, however,that the tax imposed by this subsection shall not apply to transporting freight or property for hire by a railroad operating exclusivelyin this State if the transportation comprises a portion of a single P 9 shipment of freight or property, involving more than one railroad, either from a point in this P 9 State to aP oint outside this State or from a point outside this State to a point in this State. Forur oses of this paragraph, "a single shipment" means the transportation that begins P P at theP oint at which one of the railroads first takes possession of the freight or property and continues until the point at which one of the railroads relinquishes possession of the freight or property to a party other than one of the railroads. (b) transporting of oil or natural or artificial gas through pipe or conduit. (c) transporting of property by aircraft. (d) transporting trans ortin of persons or property by motor vehicle, including towing and the operation ofP rivate car lines, as such are defined in Article VII, Chapter 14, Title 42, Arizona Revised Statutes; provided, however, that the tax imposed by this subsection shall not apply to: (1) gross ross income subject to the tax imposed by Article IV, Chapter 16, Title 28, Arizona Revised Statutes. (2) gross ross income derived from the operation of a governmentally adopted and controlled program to provide urban mass transportation. (3) (Reserved) (4) (Reserved) (E) (RESERVED) (F) DEDUCTIONS OR EXEMPTIONS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION: (1) INCOME THAT IS SPECIFICALLY INCLUDED AS THE GROSS INCOME OF A BUSINESS ACTIVITY UPON WHICH ANOTHER SECTION OF ARTICLE IV IMPOSES A TAX, THAT IS SEPARATELY 4 STATED TO THE CUSTOMER AND IS TAXABLE TO THE PERSON ENGAGED IN THAT CLASSIFICATION NOT TO EXCEED CONSIDERATION PAID TO THE PERSON CONDUCTING THE ACTIVITY. (2) INCOME FROM ARRANGING AMUSEMENT OR TRANSPORTATION WHEN THE AMUSEMENT OR TRANSPORTATION IS CONDUCTED BY ANOTHER PERSON NOT TO EXCEED CONSIDERATION PAID TO THE AMUSEMENT OR TRANSPORTATION BUSINESS. (G) THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE ARRANGING TRANSPORTATION AS A CONVENIENCE TO A PERSON'S CUSTOMERS IF THAT PERSON IS NOT OTHERWISE ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS,FREIGHT OR PROPERTY FOR HIRE.THIS EXCEPTION DOES NOT APPLY TO BUSINESSES THAT DISPATCH VEHICLES PURSUANT TO CUSTOMER ORDERS AND SEND THE BILLINGS AND RECEIVE THE PAYMENTS ASSOCIATED WITH THAT ACTIVITY, INCLUDING WHEN THE TRANSPORTATION IS PERFORMED BY THIRD PARTY INDEPENDENT CONTRACTORS.FOR THE PURPOSES OF THIS PARAGRAPH, "ARRANGING" INCLUDES BILLING FOR OR COLLECTING TRANSPORTATION CHARGES FROM A PERSON'S CUSTOMERS ON BEHALF OF THE PERSONS PROVIDING THE TRANSPORTATION. Section 14. Regulation 8A-447.1 of the Tax Code of the Town of Oro Valley is amended to read: Regulation 8A-447.1 of the Tax Code of the Town of Oro Valley is repealed. 4 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: APRIL 18, 2007 TO: HONORABLE MAYOR& COUNCIL FROM: SARAH MORE, PLANNING AND ZONING DIRECTOR SUBJECT: RESOLUTION NO. (R) 07- 55 CONSIDERATION AND POSSIBLE ACTION TO CALL FOR THE PREPARATION OF A FULL ENVIROMENTAL IMPACT STATEMENT BY THE U.S. FOREST SERVICE FOR THE PROPOSED ROSEMONT MINE. BACKGROUND: Augusta Resources Corporation submitted a draft plan of operation to the United States Forest on July 31, 2006 to develop the Rosemont mine on private and Forest Service land within the Santa Rita Mountains south of Tucson. In considering the proposal for the Rosemont mine the United States Forest Service is the principal regulatory agency with oversight and approval authority and that the federal approval process is covered under the National Environmental Policy Act and the regulations promulgated there under. Past mining operations in Pima County and elsewhere have resulted in adverse environmental impacts including loss of habitat, loss of land for recreation, water quality impacts, and disturbed lands resulting in fugitive dust emissions, and the typical legacy left behind from prior and existing local mines have placed indue costs and adverse impacts on taxpayers within Pima County and the Town of Oro Valley with few local enefits. For the Mayor and Town Council benefit attached is a February 20, 2007 Pima County memorandum on "Protecting Pima County's Natural Resource Assets and Lands from Mining Activities". SUGGESTED MOTIONS: I move to approve Draft Resolution (R) 07- 55 To call for the preparation of a full environmental impact statement by the United States Forest Service for the proposed Rosemont mine. OR I move to deny Draft Resolution (R) 07-55 To call for the preparation of a full environmental impact statement by the United States Forest Service for the proposed Rosemont mine. ATTACHMENTS: 1. Draft Resolution (R) 07- 55 To call for the preparation of a full environmental impact statement by the TJnited States Forest Service for the proposed Rosemont mine. 2. February 20, 2007 Pima County Memorandum TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page ri Sarah More, Planning and Zoning Director rene Watson, Assistant Town Manager atv, David Andrews, Town Manager RESOLUTION NO. (R) 07- 55 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, TO CALL UPON THE U.S. FOREST SERVICE TO PREPARE A FULL ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED ROSEMONT MINE. WHEREAS, Augusta Resources has announced its intention to conduct mining operations on mineral leases that it has acquired in an area on U.S. Forest Service lands located in the Santa Rita Mountains; and WHEREAS, mining operations significantly and irreversibly affect existing and future land uses on mined lands and adjacent lands; and WHEREAS, the size and scope of the proposed Rosemont Mine will have significant, but unknown, impact on water supply and water availability in the immediate area; and WHEREAS, the area to be affected by the mining will result in the loss of lands that are presently used for recreational activities; and WHEREAS, mining operations in Pima County and elsewhere have resulted in adverse environmental impacts including loss of habitat, loss of land for recreation, water quality impacts, and disturbed lands resulting in fugitive dust emissions; and WHEREAS, the U.S. Forest Service is the principal regulatory agency with oversight and approval authority and the federal approval process is covered under the National Environmental Policy Act and the regulations promulgated thereunder; and WHEREAS, The proposed Rosemont mine is an issue of regional concern that could affect future generations; and WHEREAS, The Town of Oro Valley is committed to the preservation of environmentally sensitive lands and water quality; and WHEREAS, it is in the best interest for the health, safety and welfare of the residents in the Town of Oro Valley that the Town calls upon the U.S. Forest Service to prepare a full environmental impact statement for the proposed Rosemont Mine. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: That the Mayor and Town Council call upon the U.S. Forest Service, as part of its review of the Rosemont Mine application, to prepare a full Environmental Impact Statement to Ned address many qregarding arding mine operations, including impacts to water. g PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 18th day of April , 2007. TOWN OF ORO VALLEY, ARIZONA I,I Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: .4401 Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: tor Pt 0 Board of Su ervisors Memorandum •.\' j February 20, 2007 Protecting Pima County's Natural Resource Assets and Lands from Mining Activities Background The County has spent a considerable amount of public resources protecting our natural open space reserves from the threat of mining activities and, in particular, the filing of speculative mining claims for mineral exploration on County-owned public lands. Even our Tucson Mountain Park is subject to such threats. In 1981 , the Bureau of Land Management (BLM) received a notice for oil and gas exploration within Tucson Mountain Park. The County clearly opposed such exploration, and in a County letter by Gene Laos, then Director of Parks and Recreation, stated "In 1974 the people of this community voted overwhelmingly to outright purchase an additional 2,000 acres for Tucson Mountain Park just so this type of thing would not happen. We have literally spent millions of dollars restoring and revegetating the old mineral scars from the 1920-1950 and we are not about to sit idle and watch this whole sequence of events occur %SIP again." Tucson Mountain Park was established in 1929, and the United States Department of the Interior withdrew Tucson Mountain Park from mining and homesteading that same year. In 1959, a portion of the park was reopened to mineral entry by the Department of the Interior. The reopening, and prospect of mining operations in Tucson Mountain Park, caused an immediate explosion of public furor and outcry, which resulted in the withdrawal to mineral entry, and established the Tucson Mountain District of Saguaro National Park. More recently, the history of our opposition to mining leases on State Trust land within Davidson Canyon has been well documented. Our opposition and concern, however, was unable to convince the State Land Commissioner not to issue an already expired mineral lease on State Trust property in a significantly sensitive and valuable ecosystem, Davidson Canyon (Figure 1). We continue to appeal the State Land Commissioner's decision. We are now also opposing an application for mineral extraction of mineral rights owned by the federal government under State leased property a few hundred yards away from the recently issued mineral lease by the State. In 2005 we began retaining outside legal counsel with expertise in mineral rights to object to and fight mining claims filed on property acquired by the County for open space at Rancho Seco. In the case of Rancho Seco, it was determined that individuals locating claims on the County's property were more of a nuisance than a real threat due to limited mineral values in the area. Staff continues to have to monitor the situation. Mining activities on federal in-holdings adjacent to our acquired lands at Rancho Seco have caused considerable destruction of the natural landscape and potential environmental contamination (Figure 2). You will remember that during the acquisition hearings for Rancho Seco, individuals conducting mining activities on BLM parcels within Rancho Seco alleged that the property was a toxic waste dump. County testing of lands we acquired resulted in the County fencing off old mine tailings because of contaminants in the soil. We determined that levels of these contaminants were significant enough that public contact with the soil could have resulted in adverse health effects. BLM was notified of the The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 2 statements made by these individuals, and the County requested that BLM take appropriate action to ensure that any contamination in this area by these individuals be remediated. These individuals continue to conduct mining activities on federal lands adjacent to County lands. Over the last year, our objections to the proposed Rosemont Mine in the Santa RitaMountains within the Coronado National Forest were filed with the United States Forest Service and our Congressional delegation. The proposals for this mine would directly impact the County's preserves along Cienega Creek and Davidson Canyon by damming up Barrel Canyon, thus reducing flows to Davidson Canyon and Cienega Creek (Figures 3-5). Just last week we were notified of a potential filing of mining claims and mineral exploration by BHP (the mining company responsible for the copper mine in San Manuel, see Figure 6, that ceased operations in 1999) on the County-owned Six-Bar Ranch in the San Pedro Vafey, along a key tributary to the San Pedro River. Filing of mining claims, trespass and mineral extraction or the mineral exploration activities associated with mining claims have become a major threat to our preservation of natural resources, a significant potential threat to public health, and a financial drain on taxpayers. A comprehensive approach is necessary to resolve these threats, manage the filing of speculative mining claims, and to mitigate the adverse effects of mineral extraction. Legacy of Mining Activities in Pima County Arizona has a long history associated with mining extraction of our mineral resources. Pima County has been the State's largest producer of copper from time to time. We have a number of other mining activities that have occurred throughout the State in the last 200 years. It is readily apparent that Arizona's rapid population expansion and urban growth, now the fastest growing state in the country, is not compatible with historic or continuing mineral extraction activities. One of the largest issues associated with past mining activities is the lack of any meaningful reclamation or mitigation of adverse impacts experienced by local communities from these practices. Over 35,000 acres, an area almost twice the size of Tucson Mountain Park, have been or are being used for mineral extraction purposes in Pima County. Much of this land is idle open pits or tailings ponds not now producing any valuable minerals. To my knowledge there are no plans by any inactive or active mine, particularly an open pit copper mine, to attempt to restore the natural landscape through the removal of tailings, depositing the same in the existing open pit, and restoring the general natural landscape. There has been almost no meaningful reclamation of any open pit copper mine, or for that matter, any former large sand and gravel operation in Pima County. Mining can have a profound effect on aquatic ecosystems. Although the extraction of minerals has a negative impact on the landscape, it is the processing of ore that greatly impacts aquatic resources. Most of the mining in Pima County is performed using open pit mines, which process the ore via a flotationp rocess using water. The rejected materials from this process are then The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 3 discarded into tailings ponds where the water evaporates, leaving a large pile of mineralized materials. Possible impacts on aquatic habitats from mining include the reduction of water resources from increased groundwater pumping and the siltation of streams and reduced water quality due to runoff from the tailings piles. Cocio Wash — Avra Valley The loss of an entire native fish population along Cocio Wash in Avra Valley is a good example of the potentially damaging effects that mining can have on aquatic ecosystems. In 1967, an Arizona Game and Fish Department (AGFD) biologist discovered the federally endangered Gila topminnow in the Cocio Wash, about 1 .5 miles downstream of the Silverbell Mine (Figure 7). Several years later, in 1973, Arizona State University biologist W.L. Minckley informed the BLM that the endangered Gila topminnow occurred on a mix of federal and private lands. Minckley also found longfin dace and leopard frogs at the Cocio Wash site. The owner of the mine commissioned Dr. Minckley to study the effects of mine seepage on the downstream riparian community. Dr. Minckley noted that copper and lead were highly concentrated at the site, and that the seepage from the Silverbell Mine tailings may present long-term damage to the animals found at Cocio Wash. In 1980, the longfin dace and leopard frogs had disappeared from the site, but the Gila topminnow remained. At the same time, green sunfish from a tailings pond at the mine had been washed downstream into Cocio Wash and topminnow numbers seemed low. Subsequent floods washed out the sunfish in 1981, and while the topminnow survived the floods, they could not survive the gray clay and siltation from the mine tailings that were washed into the Cocio Wash pools. BLM biologist Bill Kepner reported, "Our 1982 studies indicate that the Cocio Wash topminnow population is now extinct in that habitat due to recurrent mine spill and inundations by mine tailings." From 1973 to1982, the site was heavily managed by BLM and AGFD. Despite having been protected by federal law, and having survived for thousands of years as a relic population, the combined management actions were not enough to protect the Cocio Wash drainage from the mine seepage and tailings deluge from the Silverbell Mine. Cieneqa Creek — Clay Mines As you know, Pima County has a long-standing interest in acquiring State Trust lands in the area to consolidate the Cienega Creek Natural Preserve, established in 1986 by the Board of Supervisors. Since that time, the County has acquired certain State Trust lands in the vicinity, and more are identified for acquisition via the County's 2004 Bond Program. The clay-laden runoff from active and abandoned mineral operations on State leased lands nearby pose a continuing threat to the ecological integrity of the Cienega Preserve by damaging native plant cover and soils. Another problem is the threat of non-native species entering the Preserve. This was the subject of a survey of one of the artificial ponds and impoundments created by mining by AGFD in 2002. AGFD found bullfrogs and bluegill sunfish in the claypit '` pond closest to Cienega Creek. Both of these species are considered highly detrimental to native aquatic species of Arizona. The Honorable Chairman and Members, Pima County Board of Supervisors ProtectingPima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 4 Cienega Creek has been designated a Unique Waters of the State of Arizona. The Unique from designation confers the State's highest level of protection f om de gradation of water quty. anti-degradation. The anti-de radation requirements state that no further surface water quality degradation which would interfere with or become injurious to existing uses is allowable. The StateLand Department has failed to take the measures needed to rectify the discharge of P clay to the tributaries of Cienega Creek from the existing operations (Figure 8). Furthermore, State Department to Land De records indicate the State Land Department required restoration and damage bonds to be posted in the amounts of $5000 per lease, amounts which are grossly inadequate relative to what was and still is needed to rectify problems at the sites. Another problematic issue is the traffic created by the mines. In the past, haul trucks from mineral leases have exceeded load limits for County bridge structures. A stop-gap solution was the construction of a dip crossing at Mescal Wash. The dip crossing facilitates resource damage in the Preserve by unauthorized vehicular intrusions, particularly now that the Cienega Valley is being used by immigrant and drug traffic. Pima Pineapple Cactus The Pima pineapple cactus is a federally endangered species found in southern Pima County. Mining has resulted in the loss of hundreds of acres of potential habitat for this species. The various mines near Green Valley cover thousands of acres of formerly potential habitat. When the Mission Mine was expanded in the 1980s, dozens of Pima pineapple cactus were destroyed as mine tailings covered the cactus and the surrounding landscape (Figure 9)1. Actions associated with mineral extraction, such as constructing roads, tailings piles, and settling or leaching ponds can also contribute to habitat loss and are expected to continue or increase throughout the range of the cactus. Invasive Species As a result of the changed and disturbed surfaces of a mining operation, many mining sites are colonized by invasive non-native species. Once established on-site, invasive species can spread into the natural surrounding areas. One species of particular concern in Pima County is buffelgrass. Buffelgrass chokes out native plants, and for ten months of the year, provides fuel for devastating fires that can destroy desert vegetation. The desert is not a fire-adapted ecosystem. Originally planted to stabilize slopes, buffelgrass is found on roadsides and on the tailings slopes of many of the Green Valley mines. The first known buffelgrass fire was in 1994, at the Duval Mine (Figure 10)2. 1 U.S. Fish and Wildlife Service. August 20, 1993. "Endangered and Threatened Wildlife and Plants: Determination of the Endangered Status of the Plant Pima Pineapple Cactus." Federal Register. Final Rule. Vol. 58, No. 183. pp 49875 2 Doster, Stephanie. No date. "Battling Buffelgrass." Institute for the Study of Earth. Accessed: http://www.ispe.arizona.edu/news/articles/buffelgrass.html The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 5 Water Use In 2005, water use for metal mining accounted for 10 percent of the total water use in the Tucson Active Management Area (AMA) or enough water to serve about 45,000 households for one year3. The agriculture sector used 30 percent, while the municipal sector used 55 percent and other industrial sectors used five percent of the water in the Tucson AMA4. A significant portion of the water extracted for metal mining comes from Phelps-Dodge's wells at Canoa Ranch. The groundwater pumping in the area lowers the water table, and affects the long-term viability of the riparian habitat. Unlike the municipal sector, mines are not required to use or recharge CAP water or reclaimed water in the Tucson AMA to offset their groundwater pumping. State laws do not impose restrictions upon their groundwater use to protect nearby wells from excessive rates of depletion. Bankruptcy Mining is inherently risky, not only due to the nature of the global metals market, but also because contamination risks have been consistently underestimated by the industry. These VIP risks sometimes mean even large mining companies can go bankrupt. In 2005, 106-year old ASARCO filed for bankruptcy, blaming environmental liabilities, including asbestos-related litigation5. The move allowed parent company Grupo Mexico to isolate the most profitable parts of the company from about $1 billion in liabilities, including 19 Superfund sites. The Government Accountability Office said United States Environmental Protection Agency officials expect more such bankruptciess. ASARCO promised the San Xavier District of the Tohono O'odham Nation that reclamation of the Mission Mine would be done. There is a $10 million bond for reclamation on the reservation. The San Xavier District has tried to increase the bonds to get adequate financial assurance that reclamation will be done, but they have not succeeded. ASARCO's bankruptcy means that the promises to the tribe are just one liability among many that the bankruptcy courts and banks are negotiating across the country. Filing for protection under bankruptcy could mean that ASARCO will walk away from their obligations to the tribe and others. 3 An acre-foot is 325,851 gallons, enough to serve two average households for one year. For 22,400 acre-feet, this is enough water to serve about 45,000 households for one year. 4 http://www.azwater.gov/WaterManagement_2005/Content/AMAs/TucsonAMA/TAMA_documents/2 005_TAMA_Water_Use_Summary.pdf 5 Stauffer, Thomas, Joseph Barrios and Andrea Kelly, 2005. "Asarco seeks bankruptcy protection", Arizona Daily Star, August 11, 2005. N`' 6 Blumenthal, Les, 2006. Asarco leaves legal heartburn. The News Tribune. March 20th, 2006. Accessed at http://www.wncja.org/documents/news/2006-3-20%20News%20Tribune%20- %20Asarco%201eaves%201egal%2Oheartburn.doc on January 30, 2007. The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 6 1872 Mining Law The landscape of the western United States is littered with mining claims that survive indefinitely, whether mining occurs or not. The free access to minerals on state, private, county and federal lands under the 1872 Mining Law makes it very difficult to assure land is protected or managed. The 1872 Mining Law also makes it possible for individuals to "lock up" access to the mineral estate, even when there is no real intent to mine. There is a long history of abuses of the 1872 Mining Law by individuals who have no intention to mine. For instance, in the 1970s, a person named Merle Zweifel filed claims on 600,000 acres of land along the future route of the Central Arizona Project. While he reportedly acknowledged that he would never actively explore for minerals there, Zweifel did apparently make money filing nuisance claims'. The federal government had to sue Zweifel to clear the claims placed on the five billion-dollar Central Arizona Project. In a similar manner, claims were placed for iron ore in the 1970s on Casas Adobes Estates, a subdivision in Tucson. After a costly court battle with the surface owning residents, the claims were successfully contested. Eventually Congress withdrew large areas around Tucson and Phoenix from mineral entry to prevent a recurrence of spurious claims on otherwise valuable landse. Management Challenges Currently at Tucson Mountain Park, we have an estimated 100 remnants of mining exploration. Most of these are small exploration holes with small waste piles. About a dozen involve a mining shaft. Currently, three different abandoned mines are routinely monitored for bat population status in Tucson Mountain Park and two have vandal proof gates installed. Abandoned mines pose a number of challenges for our management activities. First, they present immediate public hazards. In almost every case the public routinely ignores signage, fencing and even gate barriers to explore the shafts. This is an ongoing concern and management activity. Also, open exploration pits pose similar hazards for cross country hikers, equestrian riders or mountain bikers. In some cases the mine waste associated with exploration sites may pose environmental hazards. We have situations on several open space properties, including Rancho Seco, where after environmental testing, the area around a site has been fenced to restrict public use as a 7 B. Newman, "Never Mined: Merle Zweifel Claims Acres of Mineral Land, But What is He Up To?" Wall Street Journal, Jan. 20, 1972, in Leshy, John. The Mining Law. Resources for the Future. Washington, D.C. p.79 John Lacy, "Conflicting Surface Interests: Shotgun Diplomacy Revisited, "Proceedings of the Rocky Mountain Mineral Law Institute," vol. 22 (1976) in Leshy, John. The Mining Law. Resources for the Future. Washington, D.C. p.80 The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 7 precautionary action. This also can lead to impacts to localized watersheds and water courses. If there is milling or processing activity associated with abandoned mines, the potential for airborne, surface and subsurface contamination increases. Costs for testing and fencing can easily run over $15,000 to $20,000 for an area of mining activity of less than two or three acres. Formal remediation can run into the hundreds of thousands of dollars, or more. One situation that is seldom discussed as a product of mining activity is that historic mining locations are natural attractions to current weekend miners or rock hounds. Depending on the type of mineral being sought, some sites attract continued and repeated exploration and even limited mining activity because of the presence of past activity. Consequently, some sites never get a chance to restore naturally. When trying to close mine shafts we also encounter significant costs. If the mine has any Y 9 historic presence of use we need to do historic surveys. All shafts need to be evaluated for biological values, especially for bats, and special status species under the Sonoran Desert Conservation Plan. A simple shaft can require $5,000 to $7,000 just for the baseline survey needs. Depending on the results, the shaft may be fenced, gated, filled in or other approaches to closure appropriate for the location and hazard. Formal gating of a shaft could run $10,000 to $15,000 depending on size, complexity of the gating system and necessity to accommodate bat/wildlife use. This is also if the location allows motorized vehicles access to the shaft. If gating items and personnel need to be flown in the price can double. Public Health Risks Active copper mines release other toxic substances in the course of crushing and concentrating the ore-bearing rock. The Environmental Protection Agency's (EPA) Toxic Release Inventory indicates that Phelps-Dodge's Sierrita Mine near Green Valley released 1053 pounds of mercury, and 1 ,243,048 pounds of lead, in 2004 (Figure 1 1 ). The Mission Mine, operated by ASARCO, a subsidiary of Grupo Mexico, emitted 1 ,21 1,184 pounds of lead in 2004. It is located near Sahuarita. Over 100 miles of streams in Arizona are considered impaired by excessive copper, which can be toxic to aquatic organisms. Arizona's mines are the largest known sources of impairments for rivers and streams9. Processing methods for copper can enhance the concentration of naturally occurring radioactive materials coming from mines. EPA has compiled data regarding the concentration of radioactive substances in the Arizona copper belt. The results show that certain common mining practices can concentrate soluble pollutants such as uranium and thorium in groundwater'''. Elevated 9 National Assessment Database, Environmental Protection Agency. NNW 10 U.S. Environmental Protection Agency, 1999. Technologically Enhanced Naturally Occurring Radioactive Materials in the Southwestern Copper Belt of Arizona. Office of Radiation and Indoor Air, EPA 402-R-99-002. The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 8 levels of uranium have been detected in groundwater at Phelps-Dodge's mines near Green Valley. EPA and ADEQ are looking into the issue and trying to get Phelps-Dodge to respond. High levels of sulfate and other non-toxic salts have entered groundwater in Green Valley from the Sierrita Mine. There is no enforceable health standard for sulfate, but it can cause problems with taste and digestion. As a result of concern expressed by Green Valley residents, Phelps-Dodge is providing a temporary replacement for two wells in the sulfate contaminant plume owned by Community Water in June 2005 until a permanent solution is developed and implemented. Many of the mining facilities also have the potential to generate large amounts of dust (Figures 12-15). Such dust, or PM 10, is one of the most serious air quality health concerns in Pima County and can cause a variety of health problems, including breathing difficulties, respiratory pain, reduced lung function, weakened immune system, increased severity of acute bronchitis and asthma, heart attacks and premature death (1 to 8 years). Pima County has been interested in acquiring the BLM's surplus 540-acre Saginaw Hill property for park purposes since the 1980s because of its excellent location in a growing region of the County, but has been unable to do so because the property includes the toxic remnants of mining activities that began in the late 1 9th Century and continued into the 1950s (Figures 16-17). A limited environmental assessment conducted for Pima County in 1988 found problematic levels of a number of metals on the Saginaw Hill property, including aluminum, cadmium, copper, lead, and zinc. Acidic vapors were also noted on the site, and a variety of physical hazards were also present, including adits, shafts, test pits, tailings piles, and slag dumps. A 2005 study conducted by the BLM at Saginaw Hill detected several chemicals of concern (CDCs) on the property, including arsenic, lead, antimony, copper, mercury and thallium. The study found that "Concentrations of these metals in waste material significantly exceed all risk-based guidelines and therefore pose a potential threat to human health and the environment" In addition, groundwater is contaminated in the direct vicinity of one of the property's mining sites, raising concerns about impacts to the surrounding area's drinking water. The BLM is actively pursuing the remediation of the site, but even the most bare-bones solution is expected to cost more than $2 million, and its ultimate efficacy remains in question. Past Mitigation and Reclamation Inadequate Arizona state law requires mines to rehabilitate some of the land surface damaged by mining. But the law allows companies to determine the reclamation costs, which guarantees the costs will be underestimated. In addition, the state does not require the company to put up physical assets, cash, bonds or fully funded insurance policies. The State accepts "corporate guarantees," which are essentially the company's promise to pay. Bankruptcy can mean that taxpayers are left with a company's unfunded reclamation liabilities. The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 9 State lawsP rohibit counties from exerting authority over the mine reclamation costs or activities. In 2006legislation (HB 2317) was passed to prohibit counties from requiring or regulating reclamation of mines. Counties were previously prohibited from passing zoning ordinances regulating or prohibiting mining. Pima County is assisting with reclamation efforts. Since 1998, Pima County has worked with ASARCO to build soil and revegetate the Mission Mine waste piles through the use of high-quality biosolids. The University of Arizona's Water Quality Center has been monitoring and evaluating the environmental and health impacts related to the mine tailings reclamation with biosolids. Rapid revegetation of mine tailings is possible with a combination of biosolids and native9 rass seedings, even without irrigation. Sites revegetated in 1998 and 2000 still have a higher percentage of cover under non-irrigated conditions than is typical for undisturbed 9 Sonoran desert scrub (Figures 18-19)'1. While the County'smighthelp,biosolids hel , they are but a "drop in the bucket" of unfunded mining reclamation and mitigation needs. ASARCO's estimated liability for the Mission Mine reclamation and cleanup is around $415 million, and the land surface from which native cover has been greatly disturbed or removed entirely covers around 11 ,300 acres. ' •w11P ASARCO started the Mission Mine near Sahuarita in the 1950s. By 1959, ASARCO had received a lease issued by the Bureau of Indian Affairs (BIA) to extend their operations on to the San Xavier District of the Tohono O'odham Nation. Many environmental laws were passed by Congress in the 1970s, but the federal government has not successfully imposed these laws upon this mining operation. To date, there is no approved mining plan or reclamation plan for theP ortion of the mine on tribal land, nor is there an aquifer protection permit'. The tribe is concerned about the sulfate groundwater contaminant plume and movement of tailings downstream by air and surface water. Strategies to Protect the Natural Ecological Resources of County-Owned Property and Protect the Public Health from Adverse Impacts Due to Mineral Exploration and Mining There are several strategies the County is undertaking to protect natural open space reserves owned by the County and others in Pima County, as well as to address public health concerns and protect local taxpayers. 1 . The County has provided the State Land Department with recommendations on how to administratively reform their mining application review process so that impacts to the value of adjacent State Trust lands are better considered, as well as expanding the environmental review process to match the federal process. Pima County Wastewater Management Department, 2006. Pima County Green Valley BNROD Biosolids Land Application, Mine Tailings Reclamation at ASARCO's Mission Complex, April 2006. 12 There is an IGA between BLM and the State which in theory allows the state to require an APP on tribal lands. • • The Honorable Chairman and Members, Pima County Board of Supervisors Protecting Pima County's Natural Resource Assets and Lands from Mining Activities February 20, 2007 Page 10 2. The County continues to pursue an appeal of the approval of the Davidson Canyon mineral leases by the State Land Commissioner. 3. The County continues to be actively involved in reviewing and making recommendations on mining applications at both the state and federal level. This includes the proposed Rosemont Mine on Forest Service land in the Santa Ritas. 4. The County is pursuing Congressional withdrawal from mining of certain lands via our Congressional delegation. 5. The County intends to be more involved in the long-term land use planning of lands associated with mining, so that the lands can be planned for an economically beneficial use post mining. 6. The County is cooperatively working with the University on reclamation projects such as the use of biosolids. 7. The County will continue to encourage compensatory acquisition of lands to offset the irreversible losses that come with digging up the land surface through open pit mining. Off-site land acquisitions funded by the mining industry should help build the Conservation Lands Systems for the Sonoran Desert Conservation Plan. Summary and Recommendations In summary, current mining practices and current mining laws are not compatible with the rapidly growing population in this County, the conservation of our diverse sky islands, rare riparian areas, Sonoran Desert habitats, and our strong tourism industry. The legacy of mining in Pima County has negatively impacted our natural open space, public health, and the taxpayers financially. The County has been proactive in addressing these issues, to the extent that we can, through comments to agencies that regulate and authorize mining in Pima County. Congressman Raul Grijalva will be holding a hearing at 10:00 a.m. on Saturday, February 24, 2007, in the Board of Supervisors hearing room. The hearing will be on behalf of the Subcommittee on National Parks, Forests and Public Lands, which Congressman Grijalva chairs, and the Subcommittee on Energy and Mineral Resources. The hearing will focus on the proposed mining operation on the Rosemont Ranch and adjoining National Forest lands, and on the 1872 Mining Act generally. In preparation for this hearing, I respectfully recommend that the Board approve the attached Resolution that addresses issues discussed in this memorandum and reiterates the Board's support for the closing of lands to mineral entry in the Coronado National Forest and lands owned by the County that are subject to federal mineral rights. Respectfully submitted, Cr - P C.H. Huckelberry County Administrator CHH/jj (February 15, 2007) Attachments f-)e- ALTERNATIVE SUGGESTED RESOLUTION FOR ITEM #4 4/18/07 R TOWN OF ORO VALLEY L �r 'f�E L,r ' .. iou -.i. •ice;-� ..-L COUNCIL COMMUNICATION MEETING DATE: APRIL 18, 2007 REVISED PACKET MATERIALS TO: HONORABLE MAYOR & COUNCIL FROM: SARAH MORE, PLANNING AND ZONING DIRECTOR SUBJECT: RESOLUTION NO. (R) 07- 55 CONSIDERATION AND POSSIBLE ACTION TO STRONGLY OPPOSE AUGUSTA RESOURCES CORPORATION PROPOSED ROSEMONT MINE. Attached is an Alternative Suggested Draft Resolution for Item number 4. Additional background information has been provided based on Council Member requests. The attached information refers to the paragraphs reading: WHEREAS, a recent study of 70 Environmental Impact Statements for modem-era hard rock mines found that water quality impacts from hard rock mines are consistently underestimated and therefore the mitigation is consistently inadequate; and WHEREAS, a recent geological survey of the site brings into question the stability of the high wall natural rock rmations above the proposed mining pit; and SUGGESTED MOTIONS: I move to approve Draft Resolution (R) 07- 55 To strongly oppose Augusta Resources Corporation proposed Rosemont mine. OR I move to deny Draft Resolution (R) 07- 55 To strongly oppose Augusta Resources Corporation proposed Rosemont mine. ATTACHMENTS: 1. Alternative Suggested Draft Resolution (R) 07- 55 To strongly oppose Augusta Resources Corporation proposed Rosemont mine. 2. Article, "Predicting Water Quality Problems at Hard Rock Mines: A Failure of Science, Oversight, and Good Practice." 1. Article from the Green Valley News and Sun I TOWN OF ORO VALLEY —OUNCIL COMMUNICATION Page 2 4eL'41 i )16/6-CCC— arah More, Planning and Zoning Director '4.2., -c.(___-- 7--4.-i- Jerene Watson, Assistant Town Manager David Andrews, Town Manager I • 11111 RESOLUTION NO. (R) 07- A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, STRONGLY OPPOSING THE PROPOSED ROSEMONT MINE. WHEREAS, Augusta Resource Corporation submitted a draft plan of operations to the U.S. Forest Service on July 31, 2006 to develop the Rosemont Mine on private and Forest Service managed public land within the Santa Rita Mountains south of Tucson; and WHEREAS, Augusta's July 31, 2006 plan of operations was not accepted by the U.S. Forest Service due to insufficient information; and WHEREAS, the U.S. Forest Service via the National Environmental Policy Act will be required to take into account consistency with local land use plans, which in this case is the Pima County Comprehensive Land Use Plan including the Conservation Lands System; and WHEREAS, Pima County is preparing an application for a Section 10 permit pursuant to the Federal Endangered Species Act via the U.S. Fish and Wildlife Service, and the land proposed for mining contains important ecosystems desired for protection; and WHEREAS, the typical legacy left behind from prior and existing mines places undue VIP costs and adverse impacts on the tax payers of Pima County with few local tax benefits, and is therefore unacceptable; and WHEREAS, a recent study of 70 Environmental Impact Statements for modem-era hard rock mines found that water quality impacts from hard rock mines are consistently underestimated and therefore the mitigation is consistently inadequate; and WHEREAS, water quality impacts to Davidson Canyon and Cienega Creek would be detrimental to rare riparian habitat along the creeks, the endangered species within the creeks, and the high quality water supply to the Tucson Basin; and WHEREAS, Augusta has not yet shown how the Rosemont Mine will conform to the Clean Water Act, Storm water and Section 404 permit requirements for the deposition of dredge and fill materials in waters of the United States; and WHEREAS, recent studies show that while the economic impact of the mining industry continues to decline in Pima County, the economic impact of recreation has climbed substantially; and WHEREAS, the building and operation of a large open pit mine in the Santa Rita Mountains will impact recreation opportunities and jobs; and . WHEREAS, a recent geological survey of the site brings into question the stability of the high wall natural rock formations above the proposed mining pit; and WHEREAS, Augusta has not yet proved that it has valid Forest Service mining claims; and WHEREAS, the information Augusta has provided to the public to date leaves many questions unanswered and is insufficient to determine if and how Augusta would be able to meet the five performance criteria outlined by the County to address the negative impacts associated with the proposed Rosemont Mine; and WHEREAS, the Mayor and Town Council of the Town of Oro Valley wish to go on record as being opposed to the proposed Rosemont Mine: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, AZ THAT: 1. The Mayor and Council of the Town of Oro Valley opposes Augusta Resource Corporation's proposed Rosemont Mine. 2. The Mayor and Council of the Town of Oro Valley hereby supports the withdrawal of all Pima County natural reserve parks from mineral entry, as well as Federal lands included in National Parks,Monuments, and Forests within Pima County. 3. The Mayor and Council of the Town of Oro Valley hereby supports the acquisition of these lands for conservation purposes. 4. The Mayor and Council of the Town of Oro Valley request the Arizona Congressional Delegation initiate the permanent withdrawal from mining and mineral exploration all federal lands within Pima County. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this day of , 2007. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: • Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: •• , 10 I n t rOc u C l O n • Do certain types of mines fail more often than others? • What can be done to address current failures and prevent A failure of science, oversight and future failures? good practice The Kuipers-Maest reports were prepared for a professional This paper is a summary, written for the layperson, of the audience The purpose of this paper is to translate and findings of a two-year research study on the accuracy of summarize the main findings of their research (for the lay- water quality predictions at hardrock mines. The study, person and the interested public), and to offer common conducted by Jim Kuipers and Ann Maest', brings to sense recommendations based on those findings with an eye light a decades-long failure by government regulators, toward protecting natural resources and public health. industry, and consultants to recognize and correct deficient procedures and methods for predicting contamination of water at hardrock mines. Kuipers and Maest have discovered that,in practice,there is The Context a failure to compare predictions made before the mines are permitted with the actual results. The predictive modeling Why this research was necessary results are not adjusted to account for real-life failures this, despite the fact that at the vast majority of mines,problems were worse than predicted. Establishment of credibility in The Environmental and Public Costs of Faulty modeling requires that the predictions be tested, and then Predictions the models adjusted based on the results. This process The failure to accurately predict and manage water quality appears broken when it comes to predicting the impact of impacts can result in significant negative impacts on clean mines on water quality for mine permits. water and steep taxpayer liabilities for the costs of cleanup. To permit mines, federal law2 requires regulators to apply Consider one often-cited example the Summitville gold scientific approaches to predict the environmental impacts of mine in Colorado. Water pollution at this mine has cost . the mine proposal—including surface water and groundwater American taxpayers more than $200 million in cleanup quality impacts. The accuracy of these water quality costs. The majority of that money has been spent mitigating predictions is of significant public concern. Mining's impacts acid drainage and cyanide releases that were not predicted on water quality may affect municipal,agricultural,and rural during the permitting process. When pollution spilled from water supplies;important commercial,subsistence and sports a containment pond, 18 miles of the Alamosa River were fisheries;wildlife populations; tourism; and recreation. One effectively killed — impacting not only the aquatic life in of the reports from the study, Comparison of Predicted and the river,but also the adjacent farms and ranches that relied Actual Water Quality at Hardrock Mines(Comparison Report), upon the Alamosa for irrigation and livestock watering. • asks a basic question that government regulators, industry While it maybe argued that Summitville is one of the officials and consultants should have asked long ago:"V worst-case examples, problems abound. According to 1 Do predicted water quality impacts match reality? the U.S. EPA's Abandoned Mine Land Team, the cost of mine cleanup at sites on the National Priorities List (i.e., la The answer, in short, is no. The Comparison Report Superfund sites, like Summitville) in the United States is it reveals: $20 billion — almost 3 times the EPA's FY 2007 budget • request. Longterm water treatment and management is et �+ 100 percent of mines predicted compliance with water q g la quality standards before operations began (assuming often the single most significant cost associated with mine E pre-operations water quality was in compliance). cleanup. as • 76ercent of mines studied in detail exceeded water In fact, there is an increasing number of mine sites I.CL P quality standards due to mining activity. throughout the U.S. that will require water treatment in perpetuity. In the arid west,these types of long-term impacts • h � Mitigation'measures predicted to prevent water quality • - ,. place a tremendous burden on downstream communities t:?/.tit*:" exceedances4 failed at 64 percent of the mines studied in who must deal with the consequences of failed redactions. ��� detail. q P , 21For example, government regulators have determined Along with more analysis of this question, the Comparison that the Zortman Landusky mine, located near the Fort 6 65 a P P Report and the companion report on methods and models Belknap Reservation in Montana,will continue to generate used to predict water quality (Methods and Models Report), acid mine drainage for thousands of years. As a result, the C s also seek to answer the necessary follow-up questions: Fort Belknap Tribes are faced with a continual threat to important tribal water resources, and the state of Montana • In cases where predicted water quality impacts fail to will be spending tens of millions in public funds for Long- a match reality,why do they fail?ai. s a term water treatment. Y l In order to ensure clean water and protect taxpayers from federal offices that processed the studies did not have copies liability for cleanup costs it is important to understand the of them. Furthermore, in many cases, the authors were frequency and magnitude of failures in predicting water forced to submit Freedom of Information Act requests and quality impacts. Consider that at most major mines, pay fees to obtain copies of these studies. Similarly, water operators are required to post financial assurances prior to quality from mines was inordinately difficult to obtain and operating. This is the good news. These assurances are in most cases required personal visits to agencies and long supposed to guarantee that, should the mine operator go hours sorting through paper files. bankrupt, the mine site will be reclaimed at no cost to the tax ager. However, the bad news is that these financial Taken together,the absence of previously published research P and the difficulty in gathering information is evidence of a assurances are based upon expected reclamation costs and data gapthat surprised the authors and mayhelpexplain expected reclamation costs are based in large part upon P . P water quality predictions. the previous lack of a comprehensive study of this nature. Previous research byKuipers demonstrates that taxeIt is important to note that the predictions data were Jim KuP Pa Yrs available—no matter how difficult to obtain—onlybecause are potentially liable for up to $20.4 billion' in financial . assurance shortfalls at existingmine sites (in addition to the National Environmental Policy Act(NEPA) requires it. i Wthout NEPA, this study would have been impossible to the $20 billion for Superfund sites) —due in large part to conduct. inaccurate water quality predictions. A Tool for Many Audiences A Growing Problemn. While the research focuses on the underlying scientific and Without correction, the environmental and financial engineering processes that form the basis of water quality impacts of faulty predictions could grow. Recent increases g g q ty predictions, its recommendations are intended for use by in metals prices have triggered an increase in the number of manyaudiences to increase the effectiveness of future mine new mines being proposed in the United States.According to the Bureau of Land Management, new mining claims water quality predictions—directly and indirectly: 0, filed in 2006 are on track to more than quadruple since • This study should be useful to the scientific and metals prices began their precipitous rise in 2002. engineering communities for suggesting ways to better • characterize risks to water quality and to better apply In the United States alone there are approximately 1801:a0.101P!..!ir:44'47.,mitigation methods to minimize or prevent potential large hardrock mines—in nearly all regions of the country imacts. — that are in various stages of permitting, development, P operation or reclamation and closure. In order to better • The regulatory community can look to these reports, protect important water resources and reduce future especially Methods and Models, for recommendations economic liability, improvements must be made in the on how to fundamentally improve the permitting prediction and prevention of impacts to water quality at process to ensure a more accurate analysis of potential these sites. On the positive side, the increase in metals mining impacts. The inherent uncertainty in water s. prices has resulted in fewer bankruptcies in the sector and quality predictions and mitigation failures should be it is bankruptcies that trigger the use of reclamation bonds conservatively viewed in order to ensure mine permitting > for mine site reclamation and water treatment. This may decisions that are more protective of human health and provide regulators and industry officials with a window of the environment. The integrity of the mine permitting opportunity to solve the underlying problems with water process is dependent on the use of accurate methods and quality prediction. models. • This report can be utilized by the mining industry to Unprecedented Research:the absence of improve currentPracuces and more accuratelyPredict W""w kaS !`S,x previous studies and the data gap consequences and ameliorate potential effects. It:!! When they began their research, the authors expected to ■ It can be utilized by the insurance and investmentitagi incorporate data from some mines where government industry as a tool to better understand the potential risks 'ry _90, 5'0 Thi officials had already completed a comparison of predicted and costs associated with mining, and as a basis to re- and actual water quality impacts. However, they were assess risks at current mines. unable to find comparisons of water quality predictions and • And finally,it can be utilized by the interested public to actual water quality impacts of mines. more effectively advocate for water quality protections ilk The authors found that no single repository exists for in the permitting process and to advocate in the public t=µz yaw the Environmental Impact Statements (EISs) currently arena for legislative and regulatory changes that better mandated under federal law. EISs contain the water quality protect water resources. predictions analyzed in the study. In some cases, local 'kkx A: low Do i Water Major Findings:Chronic Underestimates of Water Quality Problems OualitvlmpactsMatch ty Prediction on vs. Reality: Overall Water Q_ualitImpactsacts-ea ? to Ground and Surface Water As indicated above, the answer is usually no particularly Of the 25 mines sampled: when high risk mines,such as those with close proximity to ■ 76% of mines polluted groundwater or surface water water resources,are considered. severely enough to exceed water quality standards. Sampled Mines • 60%of mines polluted surface water severely enough to Sam P exceed water quality standards. To arrive at this answer the authors initially reviewed • At least 13 mines (52%) polluted groundwater severely 104 Environmental Impact Statements (EISs) and enough to exceed water quality standards. Environmental Assessments (EAs) for 71 major hardrock mines in the United States.' The mines covered all Predictions vs.Reality:the Failure of Mitigation important mineral sectors (gold, silver, copper, platinum group metals,molybdenum,lead,and zinc)and ten mining In the cases where water quality standards were exceeded,in states (Alaska, Arizona, California, Idaho, Montana, New some cases the mine proponent anticipated the potential for Mexico,Nevada,South Dakota, Utah, and Wisconsin). pollution and prepared mitigation strategies(e.g.a mine waste dump lined with plastic to prevent acid drainage leaching into A representative subset of 25 case study mines was then groundwater). Predictions of the efficacyof mitigation were selected to evaluate the accuracyof the water quality g �� g quaty no more reliable than overall predictions of water quality: predictions. Environmental impact reports for these mines were evaluated for predictions related to surface water, ■ 73% of mines exceeded surface water quality standards groundwater, and mine drainage quality during and after despite predicting that mitigation would result in mining. These predictions were then compared with actual compliance. The other 4 mines didn't predict the need water quality conditions during and after mining. for mitigation. ■ 77% of mines that exceeded groundwater quality Potential& Predicted Water Quality standards predicted that mitigation would result in compliance. The other 3 mines didn't predict the need The authors discovered a two-tiered system for water quality for mitigation. predictions, one-tier of which was based not on sound g science,but on unsupported"good faith"projections. Predictions vs.Reality:Mines near Water with Elevated The two tiers of"predictions"made about water quality in Acid Drainage or Contaminant Leaching Potential are ut 43, environmental assessments are referred to by the authors as High Risk "potential"and"predicted"water quality: Some mine projects are so high risk that water quality • Potential water quality is the expected water quality exceedances are a near certainty: those mines that are both conditions in the absence of mitigation efforts by the near groundwater or surface water resources, and possess an operator. elevated potential for acid drainage or contaminant leaching. • Predicted water quality takes the effect of mitigating • 85% of the mines near surface water with elevated measures into account. It is what mine operators forecast potential for acid drainage or contaminant leaching actual water quality will be during and after operations. exceeded water quality standards All the environmental reviews analyzed in the Comparison • 93% of the mines near groundwater with elevated x Report predict acceptable water quality after mitigation at potential for acid drainage or contaminant leaching mines where water quality standards were met before mining exceeded water quality standards. >' began. If this prediction were not made, the regulatory , • Of the sites that did develop acid drainage, 89% agency would not be able to approve the mine. 2 predicted that they would not. However,inadequate information was provided to demonstrate how the mitigation measures would actually prevent water Water Quality Pollutants quality impacts.Therefore,regulators were generally accepting Of the 19 mines that exceeeded water quality standards,the the final water quality predictions on"faith." pollutants that exceeded standards were as follows • Toxic heavy metals such as lead, mercury, cadmium, copper, nickel or zinc exceeded standards at 63% of mines. N:. • Arsenic and sulfate exceeded standards at 58%of mines. One of the study's most significant findings, however, is o where the practice of predicting weather and the practice • Cyanide exceeded standards at 53%of mines. of predicting water qualiry at mining operations part ways. Weather models are consistently reevaluated based on a comparison of predictions with actual weather conditions that occur subsequently. Why Do P i c t i o n s Fail ? Not so with the models used forredictin quality g water q tY In order to evaluate waterqualityimpacts duringthat mining operations. The very fact that the study is P eunprecedented shows that professionals who predict mine permitting process, government regulators rely on water wateruality do not revisit their predictions, and neither do quality predictions created by hydrologists and geochemists g and miningengineers usingcomputer models and other the regulators responsible for ensuring the accuracy of those P prediction. The models used for the predictions cannot be types of field or laboratory studies. Those predictions are improved if their failures and successes are not evaluated. only as good as the science upon which the models/tools are P Where predictions of water quality at mining sites are based, and the site characterization information supplied concerned,the scientific process is broken. to those models. So when water quality predictions fail to predict water quality for mining operations, they fail for Imperfect Science Imperfectly two general reasons: Appliedj 1. the science of mine water quality prediction is im erfect A mine water quality prediction model can only reach its P potential at any individual mine site if that site is correctly 2. the science of mine water quality prediction is imperfectly characterized (in terms of its hydrology and geochemistry) applied at mine sites to the extent possible. According to Maest and Kuipers, that potential is not being reached. The Imperfect Science of Mine Water Cluality Prediction There are two types of characterization failures described in the Comparison Report:hydrologic(related to water flow ht ;<> E } iiThe complexity of pollutants'interaction and movement in at a mine site) and geochemical (the chemistry, geology py groundwater and surface water systems at mines is difficult and mineralogy of the materials/minerals that comprise the to recreate in a model. This is addressed in detail in the mine site). companion report by Maest & Kuipers titled Predicting The Comparison Report documents that six of the 25 case Water Quality at Hardrock Mines: Methods and Models, p Uncertainties,and State-o-the Art. study mines were inadequately characterized hydrologically, f and that eleven of the case study sites were inadequately q Y According to Methods and Models, factors that complicate characterized geochemically. the prediction of water quality at mine sites range in scale other example of "imperfect science, imperfectly from small to large. On a small scale,for example, it is not applied„ is P P Y is the bias of mine water quality predictions made well known how minerals react in complex systems. On a byconsultants hired bythe prospective mine operator. This t large scale,geology,climate,methods of mining and mineral P P P processing, and mine waste management approaches varyproblem is implied by the number of site characterization P g' g PP failures, and by the failure to check the results of past mine among and within mine operations. These large scale water quality predictions. variations limit the degree to which information from one site can be applied to another. Regulatory agencies,both federal and state,allow the mining company to select and directly pay consultants to predict Also, extrapolation from the laboratory to the mine mine wateruali impacts, and to review and comment must address complicating factors such as environmental q tym P ' on (or even reject) those predictions, prior to release to :aKim Zig conditions, water and gas transport, differences in particle Off” a uali over the agency. It is an understatement to say that consultants size, and how these variables affect drama g q tY heavily influence mine water quality predictions. periods of decades or centuries. However, there is virtually no available field information describing the effect of these Unfortunately, given the client/customer relationship variables over extended periods of time.The lack of this field between prospective mine operators and their consultants, information introduces significant additional uncertainty consultants are rewarded for having favorable predictions. into predictions. On the other hand a prediction of poor water quality will as weather cannot be accuratelypredicted beyond a usually delay a permit,which increases the permitting costs. Just inputsWhile exceptions exist,consultants that predict poor water certain point because weather models and their are uality often are not rehired. This perverse incentive is � �, IIIIbor not perfect, the transport of pollutants through complex q z ' } contrary to the spirit of unbiased science, and contrary to geological and hydrological systems over the longer term, which can range from five years to tens of thousands of years the public interest. g is similarly difficult to predict. . i • nil ng Future Failures that this recommendation is supported by the Comparison Report which demonstrates that 93 /o of such mines near (and re Addressing C u r r e t groundwater, and 85% near surface water, exceeded water Failures)• quality standards. Some major mining companies are realizing that the life- Recommendations ife- ecommend 1 s cycle costs need to be clearly evaluated,including the costs of perpetual maintenance and water treatment after mine closure. Both the Comparisons and the Methods and Models Reports While some leaders in the industry are using life-cycle cost reveal that the prediction of future mine water quality is an estimates, this is still not a uniform industry standard,and uncertain business. And given the difficulty in modeling regulators ultimately must make the determination for natural systems, even if the all the recommendations many mine proposals. included here and in the Kuipers-Maest research are implemented, mine water quality prediction will always be Inform the public about the uncertainty of water quality an uncertain business. However,there is considerable room prediction. As part of the mine permitting process, for improvement. regulators should inform the public of the history of the accuracy of mine water quality predictions so they can Just as weather prediction has improved over time, so better determine the risk involved in a mine proposal. can mine water quality prediction if regulators and professionals in the sector learn from past predictions and improve characterization efforts. Improving Future Mine Water Quality Predictions With that in mind, the following recommendations are intended to help improve mine water quality predictions Ease access to predictions and results. Information today and in the future. regarding pre-mining, mining and post-mining water quality should be publicly available online, along with the associated mine water quality predictions made during the i s�Y K A �ii rf F t, Addressing the Consequences of the Existing �, �. permitting process. This will facilitate a more informed 4 ,4p,.., Prediction Process mine permit process for regulators and the public. Assess existing mines. If the results of the Comparison Review original predictions as water quality develops s Report are extrapolated to all operating major mines,waterduring mining. Mine operations should be regularly quality standards would be exceeded at roughly 75%of all assessed to determine if they are departing from mine water mines in the United States. Regulators should, in a public quality predictions. This will allow regulators and mine process,canvass all permitted mines to: operators to take early action when mine water quality ■ determine which mines are exceeding water quality begins to depart from the predicted. vow isistandards, Consult past predictions at other mines. When • evaluate how surrounding communities and the permitting a mine, regulators should be required to seek environment are beingaffected,and what cleanup steps similar mines, or similar aspects of different mines, and —V v are necessary, determine what predictions were made and what water lbw quality actually occurred. These mine analogs should be 'a. • revisit the original predictions,and publicly disclosed. al • • reassess the adequacy of the financial assurances provided Require improved characterization of mine sites. This 15 by mine operators to guarantee mine cleanup and long- recommendation is covered in much greater detail in the E term water treatment. Methods and Models Report. In summary,regulators should GP Incorporate orate uncertainty into permitting process. require better information about the mine site before, Al 2 Regulators should take a suitably precautionary approach to during and after operations. IX the mine permitting process, and require that mine design,.110% Require more research on the effectiveness of mine water 9.1 mitigation and financial assurance calculations prepare for quality mitigation. The Comparison Report found that reasonable worst-case rather than best-case scenarios. 3 where predictions of good mine water quality were predicated f: Better screen high-risk mines. Regulators must upon the mine operator using mitigation strategies, mine y K water qualityusuallyexceeded water qualitystandards. „�,�, demonstrate concrete improvement in the accuracy of at mine water quality predictions and mitigation efforts. For More research is needed to determine how and why these IS example, additional regulatory scrutinyshould be given to mitigation efforts fail,and how to improve them. p � g rY „1•„ the highest risk proposals such as those mines near water Change the procedure for selecting consultants to resources and with elevated acid drainage or contaminantiiii. avoid the present conflict of interests. Agencies should 1 leaching potential. In cases where the risks are too high,CD independently select and pay the consultants to conduct the in regulators should not permit mines. It should be noted y y. i.:ti; .t'1vr Q. studies. This will limit the ability of a mining proponent to influence the outcome of the predictions. The mine proponent can comment on the study, similar to public interest organizations, but they should not be able to exert kV' sufficient influence to bias the outcome. Y' Increase government expertise. Many state and federal agencies are not sufficiently funded to employ staff with f{Ot k: \ti ry the technical expertise to provide appropriate analysis and oversight of the mine permitting process. Increased funding should be incorporated into agency budgets to ensure that technical expertise is available for permit review : nii S R,IfOrtr5r:04:01 ni 4{v SJ�C•'i•M ia?%s Yv� { • Endnotes 1. Jim Kuipers, PE, is a mining engineer with Kuipers & Associates in Butte, Montana, and Ann Maest, PhD, is an environmental geochemist with Buka Environmental in Boulder,Colorado. 2.The National Environmental Policy Act requires a science- based review of mine proposals when federally-owned land is affected, or when a federal permit is required (e.g. the Clean Water Act requires a permit when a mine discharges into waters of the United States). Many states have similar laws, based on NEPA, that apply to mine proposals even when federal land is not involved. 3. Mitigation is the effort by a mine operator to prevent or reduce pollution. For example, some mine waste (e.g., tailings impoundments) is underlain by thick plastic to prevent contaminants from moving into nearby water resources. 4. In this paper, an "exceedance" is the presence of a pollutant in concentrations higher than a water quality standard. This is different from a water quality"violation," which is a breach in the terms of a water quality permit. A water quality permit, although based on standards, may allow exceedances under some conditions. A mine operator is legally liable for a water quality violation. 5. Mitchell, Larry D., a staff paper prepared for the Environmental Quality Council, "Zortman and Landusky Mines: HJ 43 Water Quality Impacts,October 2004. 6. Kuipers,J,2003,Putting a Price on Pollution:Financial Assurance for Mine Reclamation and Closure. This report was funded by Mineral Policy Center. 7.Many mines have multiple EISs or EIAs for different eras •_ of mining. v 0 a.. fu tQ 311 iL O; i via z► CD 'rint Version :. http://www.gvnews.com/articles/2007/01/31/news/news02.prt Wednesday,January 31,2007 Close Window--- -GREEN indow-- -G EEN VALLEY _........_... . _... s �z ? 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L.T. Pratt arimakes a suggestion. u✓ e "ins Patt, the local +tat`on commander,omm nde+ praises the work #�(- the t.s �'"-��v,� and '^'p t4 F r�:}"�.,`°t��'"� SAV t t Sheriff's Auxiliary �Volunteer .p1 E;„��'• �!'�«.. praises the �1so?k of the men and Y`.:ti en of SALT Volun3`..eers. ByEDick Kamp, Wick Environmental Liaison Editor's note: This is the first of a three-part series on the Rosemont mining controversy. Parts 2 and 3 will run in Friday's and Sunday's newspapers.. The Pima County Supervisors' unanimous decision to pass resolutions against the Rosemont mine represents a new and ambitious stage of commitment. The supervisors have decided to seek congressional withdrawal from mining on public lands and to find congressional funds to purchase lands threatened by mining in the county What motivated the supervisors to move into this new phase of action? How is it going to impact the ongoing efforts of Augusta Resource Corp. to get an open pit mine in the Santa Ritas over public objections? Why are the often-repeated arguments of Augusta Vice President Jamie Sturgess and President Gil Clausen that they will provide "350 well-paying jobs and 5 percent of U.S. copper production on 2 percent of the Nogales Ranger District" falling on deaf ears? What is likely to happen in the coming months, and why? After months of Republican Supervisor Ray Carroll, whose District 4 includes Green Valley, leading the anti-mining charge, another Republican Supervisor, Ann Day, District 1, said at the Jan. 16 hearing:" Augusta Resource is...proposing...innovative reclamation and mitigation technologies. And it sounds like the company is trying hard address the issues. "But, having said that, the industry knows that mining at this location in the Santa Ritas is unsustainable," she said. "Sustainability...is about creating a social willingness to accept mining. And this community in Southern Arizona does not accept that....the impacts of mineral extraction are felt very directly from a local perspective from blowing 4 1/31/2007 1:51 PM Print Version :. http://www.gvnews.com/articles/2007/01/31/news/news02.pr • tailings and air pollution. All the impacts of mining have left a very bad taste in the mouths of all of us. "Our whole world is changing," she said. "Our whole state is changing, and we're no longer copper and cattle. We're just a different world, and that's how we've come to this point today." Sturgess told the supervisors that the company is responding to "well-intentioned and loud innuendo rather than fact." More darkly, he later commented, that "there are some mean things going on with the county." Sturgess went on to quote Carroll from the Green Valley News on Jan. 19: "Then we had this study that came out on hard rock mining that indicated that 70 percent of every promise ever made by a mining executive has been proven to be false." It seems likely that Carroll was referring to a fairly exhaustive technical study released in December by the environmental group, Earthworks, It documented that 73 percent of mines on Federal Lands violating Clean Water Act standards in spite of their having been approved under the National Environmental Policy Act. Carroll made a semantic leap, and one can sympathize with Sturgess at the negative character slur. If one were to say that 70 percent of promises made by politicians haven't been kept, it would be hard to find an empirical study to back that one up. And he is correct that a lot of folks within Pima County government, mean or not, do not want a mine. The Santa Rita Mountains are a refuge, but mines and tailings are not. I fr) The bottom line in this long-term battle over a mine is Carroll, U.S. Reps. Raul Grijalva, Gabrielle Giffords, and tens of thousands of local residents in Southeast Arizona simply find the Santa Ritas a refuge from heat and urban-suburban development. They will battle a mine no matter what. Anti-mine advocates can and will spout the number of bird and animal species but in the end, the Santa Ritas are green desert sky island mountain ranges; cooler and prettier than the surrounding terrain. Tailings and pits—even Rosemont state-of -the- art tailings and pits and ponds—are aesthetically disgusting, except to a miner. The comments of one veteran mining engineer at the supervisors hearing that, "everyone knows that the best deer hunting is behind tailings dams and dumps" aside, those that will fight against this mine will do so with passion and aggression. Augusta and mining proponents will fight with a will to mine copper profitably. The company has shown a will to be socially aware: on water recharge issues as well as ... . ..... ..: creating a fund to be used for preservation in Pima County to compensate for mine-site environmental impacts. If Augusta succeeds, there will be bitterness that will not go away. If the environmentalists succeed, Augusta may or may not still make a profit and other mining attempts will be made in more welcoming areas. Rosemont will become a public lands environmental precedent. Tucson and Sonoita resident, Republican retired U.S. Rep. Jim Kolbe, said, "If I were Augusta, I'd have to say 'is this really worth it for us? To create a lot of enmity in an area we want to mine? 4 1/31/2007 1:51 PM . 'rint Version:. http://www.gvnews.com/articles/2007/01/31/news/news02.prt "To spend a lot of money on long legal battles and to give up any good will we might L have in this part of the country? There a lot of people in this area who will spend their money to fight this— and they have it." ........ ..... ..: Which county objections have enough merit that they may determine the fate of Rosemont? One county concern surfaced prior to the hearing that seems to have little basis in fact: the instability of the site for mining based on a state study, "Geologic Map of the Rosemont area, northern Santa Rita Mountains, Pima County, Ariz." One of the authors of the Arizona Geological Survey, Charles Furgason, said, "I can't honestly say why this site would be more or less stable than most of the other areas with similar ore bodies in southeast Arizona." However, most questions raised by the county are serious ones that will underlie the political and legal battles ahead. These include: Questioning the validity of AR mine and mill-site claims on federal land, potential for contamination of surface and groundwater, blockage by tailings of clean runoff for Davidson Canyon and Cienega Creek, potential for dust in the area and large trucks. aggravating air quality and safety. Pima County worries that although Augusta is voluntarily agreeing to recharge CAP water into the Tucson and Avra Valley basin, they may still overpump wells or cienegas in the Santa Ritas, permanently destroy habitat for wildlife and vulnerable species, and not conform to county land use and conservation guidelines. The county has raised the appropriateness of a new mine as part of Coronado Forest 0 Management Plan as well as within the County Sonoran Desert Conservation Plan. The county also wants Augusta to purchase nearly 8,000 acres for conservation as part of the company's proposed "environmental enhancement endowment" if they ultimately operate a mine. This point may be moot since they now oppose it. There may also be a subtle legal question which is whether the county can influence • mining on federal lands based on their own rulemaking. There is a 2004 2nd Judicial Court decision that backed up the right of Washoe County to deny a clay mining process special use permit that they felt would have a negative environmental impact on the county although the mining activities would take place on BLM land. County concerns will be justifications used for congressional withdrawal of land from new mining, and these questions will be integral to the county input to the NEPA process that the Coronado will probably eventually implement. Several roads are ahead: Congressional land withdrawal, possible use of federal Land and Water Conservation Funds to purchase lands, Coronado's NEPA evaluation, and what Pima County might do to purchase land or challenge mining in court. As well as litigation by environmentalists or Augusta over any decisions to deny or approve mining. Next: <What are valid mining claims? 111. The detailsDick Kamp researches, reports and analyzes environmental issues for the Wick newspapers. Relevant to questions of Federal land withdrawal from mining surrounding the proposed Rosemont minesite: as director of Border Ecology Project, he '4 1/31/2007 1:51 PM 'rint Version :. http://www.gvnews.com/articles/2007/01/31/news/news02.prt participated with residents of the Chiricahua mountains (where he has property). Jim Kolbe and John McCain in the creation of the Cave Creek Protection Act of 1993 — Congressional withdrawl from mining. Green Valley News & Sun 101-42 La Canada Drive, Green Valley,AZ 85622 520-625-5511 (phone) 520-625-8046(fax) Close Window 411. 11110 .4 1/31/2007 1:51 PM TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: April 18, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: David Andrews, Town Manager SUBJECT: Presentation and Possible Action on the Town of Oro Valley 2007 Strategic Plan SUMMARY: Strategic planning is a systemactic process for drawing a vision of a community's future. It helps communities control the future and is a means of understanding change, forecasting change, and setting a course of action to manage the expected implications of change. Even in the most negative situations, strategic planning is a positive means of moving forward. In mid-2006, the Oro Valley Town Council decided to update the Town's Strategic Plan. The purpose of this update was to enhance the original plan which was developed in 2005 and to broaden community support for the plan by inclusion of the Mayor and Council in the development of the plan. This allowed a broader range of community engagement and raised the level of enthusiasm for the Town's future. his document was prepared by the Town's facilitator and consultant, Partners for Strategic Action. The content of the document is based on the Town Council's retreat for strategic planning purposes that was held in July of 2006, the Department Head Retreat that was held in August of 2006, as well as the joint retreat with Council and Management that was held in October of 2006. Since that time, it has been edited by the council and staff for any minor clarifications or grammatical errors. The adoption of the Town of Oro Valley 2007 Strategic Plan will lay the foundation for the development and implementation of departmental strategic plans such as the Police Department and Information Technology Department. On March 21, 2007, Council Member Gillaspie made a motion, seconded by Council Member Carter, to approve the Town of Oro Valley2007 Strategic Plan and asked that a presentation be given at the April 18th pp g Town Council meeting to share the plan with the public. The motion also asked for a minor correction to the Financial Sustainability section, which staff has completed. ATTACHMENTS: 1. Final Draft—Town of Oro Valley Strategic Plan TOWN OF ORO VALLEY COUNCIL COMMUNICATION Pale ? SUGGESTED MOTION: I move to approve the Town of Oro Valley 2007 Strategic Plan or I move to.... 64- Vta David Andrews, Town Manager 1 . i (,,,,, Town . . of n Valley %fro 2007 Strate ic , 9 ....._ plan \ii>.k_LEY ....:00,,,",,.:,.„.....,_,... 04, 11,y '4..7, 0 1 '''',:::,:i,!..7:7,,, _z> ,y ^dF, ' s�Xt• ,,,,,r, .. ' iZf 144 f� ...4 11,!:41Sii !,;,,,s.,:4:ii,,,,,,;,,4.,„„. '4i.,:,„„,,i....„.:,. :,:411:4::"..,::::::...07Ple.i. t:!1.1 1111:,: i!:.1.-A7;*:',.0)..' ,$v.vC. d j 1.7v57 itgd: :::.13"Ar, x�ili �," `.�,.^ �� .a �3��.222 �f:C� M�Lf�.. ?�• Y i'•. f ri w%x66c of ,r'� ! +f/lL'�h� firt'./+r:.�.'•Y•i i/Y .3 a w k It.,:,:,,.,,,,..:0/".1111010;;;;;:tr .rs..}.fir.ri{::;.::>. n'rli•••�•j•••v.Y''nv1\g LADED March, 2007 Town of OValley �P�LEYq/Sli v 14:1.J o f�.f/f��� .M1s •h' • At0%-* jr;Jo f�.A T r sN °LINDED Acknowledgements Town Council Paul H. Loomis, Mayor bankwerth Vice-MayorHelen Paula Abbott, Council Member " C" Carter,Kenneth K Council Member BarryGillaspie, Council Member Al Council Member Kunisch, Terry Council Member Parish, Management David L. Andrews, Town Manager Jerene Watson, Assistant Town Manager Sandra Abbey, Human Resources Director Craig Civalier, Town Engineer Kathryn Cuvelier, Town Clerk George Dunscomb, Town Magistrate Melinda Garrahan, Town Attorney Mary Hartz-Musgrave, Library Administrator Bob Kovitz, Government and Community Relations Administrator MOP Stacey Lemos, Finance Director Sarah More, Planning 6( Zoning Director Ainsley Reeder, Parks and Recreation Director Philip Saletta, Water Utility Director Daniel Sharp, Chief of Police Suzanne Smith, Building Safety Director Kevin Verville, Information Technology Director David Welsh, Economic Development Administrator v�► 'The very essence of leadership is that you have to have a vision. You can't blow an uncertain trumpet. " mar - Theodore Hesburgh - Overview The Oro Valley Strategic Plan provides an examination of where the municipal organization is today, identifies priority focus areas, and outlines steps to move the community toward its vision. Simply put, the strategic plan is a document that provides direction to local decision-making and a tool to manage resources. In Oro Valley's 33 year history since incorporation, the challenge has been to balance the Town's long-term interests while being responsive to current community needs. After experiencing significant growth over the last decade, the community will soon be reaching build-out. As the community matures and growth slows, revenues generated by growth will diminish. Therefore, it is critical to ensure that the community has a realistic view of the Town's financial situation balanced against demands for services. Oro Valley is a "Community of Excellence." With this commitment comes a tremendous responsibility to sustain and balance needs, desires, and expectations. The Town of Oro Valley's Strategic Plan is a living document that guides the Town in its comprehensive community planning and prioritization process. It is purposely "strategic" in terms of its timeframe (3 to 5 years) because any successful organization must be flexible enough to respond to local and regional dynamics but comprehensive in its scope. The strategic plan provides direction for all municipal activities to move toward its ultimate community goal. The Oro Valley Strategic Plan will be reviewed and updated periodically by Town management and Council to ensure that the resources and focus are still pertinent. The strategic plan is grounded in the "vision" expressed in the Council adopted and voter ratified Oro Valley General Plan. The General Plan provides the long-term (15 to 20 years) vision for community growth, Page 1 development, and redevelopment. The following diagram presents the relationship of the Oro Valley Strategic Plan with other community documents. It is critical that all of these planning and policy documents are coordinated and tied to the community's general plan. Oro Valley General Plan Oro Valley Specific Topic Strategic Plan Plans A A • � •Zoning Departmental � Ordinances Strategic Plans Financial •Specific IncludingCapital Area Plans P� Sustainability •Desin and Personnel Plan Guidelines Requirements •Impact Fees and Other Ordinances Capital Specific Improvements Master Plans Plan and Studies • Annual Town Budget rrr. Page 2 "The future belongs to those who believe in the beauty of their dreams." - Eleanor Roosevelt - Community Vision Vision is the philosophy and unique image of the future if the community was successful. It's a future statement; a description of the desired future state for the community. Oro Valley's citizens drafted a community vision that was the foundation for the adopted General Plan. Oro Valley's vision is . . . To be a well-planned community that uses its resources to balance the needs of today against the potential impacts on future generations. Oro Valley's lifestyle is defined by the highest standard of environmental integrity, education, infrastructure, services, and public safety. It is a community of people working together to create the Town's future with a government that is responsive to residents and ensures the long-term financial stability of the Town. Page 3 "The ultimate test of management is performance. " - Peter Drucker - Organizational Mission The Town of Oro Valley is a "Mission" driven organization. The mission statement is the fundamental purpose of local government. It focuses on what is most important and sets in motion an organizational culture that encourages innovation and strives for excellence. Guiding Principles: • Committed to financial sustainability fundamentals • Building a strong team—between management, Town Council, and the community • Engaging everyone in the decision-making process • Consensus Decision-Making is how the Town operates • Building Strong Community Leadership is a key to success Aupt Our Mission is to: • Act with openness, respect, integrity, accountability and quality; • Preserve and promote health, safety and quality of life; • Continue to provide exceptional municipal services; • Ensure economic sustainability that maintains the community's quality of life; and • Become an efficient government that balances the Town's long-term interests while being responsive to present community needs. Organizational Values - We are strongly committed to: • Honesty and Integrity • Openness and Transparent Government • Fairness and Trust Worthiness • Respect for diversity • Creativity, Teamwork and Continuous Improvement • Excellent Customer Service Page 4 ti "Your legacy should be that you made it better 9 Y than it was when you got it. " - Lee Iacocca - Focus Areas The Oro Valley Strategic Strate is Plan outlines the goals and strategies for the municipal government to successfully address the community's vision. A series of five Focus Areas provide the framework for the Strategic Plan. These focus areas indicate where Oro Valleymust direct its attention in order to address community needs and desires. All of the Focus Areas are inter-related and not intended to be viewed independently. Implementing these Focus Areas will require leadership, financial commitment, effective management, and continual evaluation. The Focus Areas are: • Financial Sustainability • Quality of Life • • Protection of Environment and Cultural Assets • Economic Development ■ Leadership and Communication Within each Focus Area, there is a focus area description, goals, strategies, and community indicators, as defined below. The goals and strategies are designed to be action-oriented, thereby yieldin9 desired outcomes. The numbered goals and strategies do not indicate the order of priority for implementation. Focus Areas are strategic initiatives that will be addressed. Focus Area Discussion defines the focus area's situation. Goals describe a fundamental direction or broad course of action. are Strategies specific tasks that will be accomplished to assist in 9 implementing the related goal. Community Indicators are measures of activities that are important to the community. These indicators are used to track the progress toward established oals. Theyreveal whether the key organizational attributes are 9 going up or down, forward or backward, getting better or worse, or staying the same. Page 5 A. Financial Sustainability The current reliance the community has on growth and development to fuel its economy has left Oro Valley vulnerable to economic fluctuations. As the Town approaches build-out, development has slowed down and the revenue previously generated must be replaced. Revenue diversification is essential for the Town to provide services commensurate with the expectations of the community and to implement this Strategic Plan. Financial sustainability is defined as the Town's ability to ensure stable, long-term resources that do not fluctuate and the ability to fund existing service levels and have adequate future funding. Financial Sustainability Goals 1. Maintain a balanced budget. 2. Develop a diverse revenue stream. 3. Maintain a contingency fund. 4. Ensure financial resources are available to support the expected level of community services. %Or Strategies: 1. Engage the public in dialogue about costs/benefits and trade-offs that results in a financial plan that identifies the short- and long-term revenue sources to ensure financial sustainability. 2. Engage the public, community, and Town Council to: a. Understand and cast a community vision. b. Understand how much projects and services cost and the long-term implications (i.e., need to understand the whole picture). c. Understand priorities, desires, and possibilities. d. Connect what the community wants to what is achievable. 3. Move toward program-based budgeting a. Identify services being provided, so the Town can make better choices. 4. Conduct Council work sessions regularly on financial sustainability. 5. Develop an annexation strategy that publicly acknowledges the residential- commercial trade-off that will eventually lead to greater sales tax revenue, including the necessary infrastructure improvements upon annexation. 6. Develop and implement a user fee philosophy and framework that reflects the true costs of services. Page 6 Community Indicators: ✓ Continued compliance with the Town's adopted budget policy guiding the use of contingency funds. ✓ Continue to maintain bond rating of at least A+ (Fitch Ratings and Standard and Poor's). ✓ Number of quarterly financial and budgetary performance reports provided to the Town Council and the Finance and Bond Committee. ✓ Consideration of new, stable revenue sources by the Town Council and/or the voting public of Oro Valley. ✓ Perform periodic reviews of Town user fees to ensure full cost recovery. ✓ Annual review and updating of Financial Sustainability Plan. Page 7 B. Quality of Life Quality of life means that Oro Valley maintains its excellent public services (which include education, open space and trails, parks and public safety) and that arts and entertainment are provided locally. Regional influences and development have a direct effect on the Town's future growth, development, and economic sustainability. The Town must develop and implement policies that will manage growth consistently with the Town's General Plan and protect the community's quality of life. Oro Valley's capacity to provide quality public service is critical to the quality of life in the Town. Therefore, additional programs and facilities are necessary to provide the level of services expected to maintain its "community of excellence" commitment. New and improved parks and open space, roadways, water facilities, town buildings, and other infrastructure are all necessary. The expansion of new infrastructure and the maintenance of existing infrastructure are requirements for community growth and essential for the Town's quality of life. Maintaining the infrastructure will strengthen the economic viability and quality of life in the Town. Oro Valley's Quality of Life Defined • Growth of quality, well-paying employers in the Town • Parks and recreation services easily accessible and affordable • Commitment to preservation of scenery through a thoughtful and unique built environment • Open space throughout the community • Business and diversity within the Town that keeps pace with community needs and desires • Safe and clean community • High quality of water • Good air quality Quality of Life Goals: 1. Preserve open space and manage development in order to protect our quality of life. 2. Facilitate economic growth to encourage citizens to live, work, and play in Oro Valley. 3. Ensure that quality and sufficient municipal facilities are provided in order to meet service demands and staffing needs. 4. Plan for and provide the necessary infrastructure to support community growth and preservation. Page 8 Strategies: 1. Monitor and collaborate with other entities on land use, transportation, water and economic development to ensure that growth and development within the Town's planning boundaries have a positive impact on Oro Valley's quality of life. 2. Develop benchmarks for Town services and community standards to fulfill citizen's expectations through their implementation. 3. Develop, implement and continually review a comprehensive strategic and operational plan for municipal facilities and infrastructure plan to ensure proper facility and infrastructure is developed, maintained, and replaced/upgraded to meet the community's short- and long-term needs. 4. Survey the leadership and community to identify the level of satisfaction with Town services and establish a baseline. Community Indicators: ✓ Level of citizen satisfaction as identified through a community survey ✓ Stable or increasing real estate values ✓ High library usage per capita ✓ High park usage per capita ✓ Number and growth of citizens and volunteers involved in Town programs ✓ Ratings in lifestyle magazines or polls ✓ Low crime rates per capita ✓ Low accident rates per capita Page 9 • C. Protection of the Environment and Cultural Assets For decades, the Oro Valley area has been a preferred place to live. The challenge is to sustain a spirit of volunteerism, and rich cultural, artistic, safe, and recreationally-oriented environments and assets that continue to contribute to the area's desirable quality of life. Protection of Environment and Cultural Assets Goals: 1. Protect environmentally sensitive lands consistent with community goals. 2. Maintain and acquire sufficient water resources to ensure that the community has an adequate water supply to sustain the Town's quality of life and support existing and future residential and commercial development. 3. Cultivate and sustain all historic, archaeological, cultural, parks, and recreational assets in a manner that achieves the community's shared vision of quality of life. Strategies: 1. Coordinate and leverage funding, either solely or in concert with other public or private entities, to identify and protect environmentally sensitive lands. 4110* 2. Coordinate and leverage funding, either solely or in concert with other public or private entities, to identify, acquire, and manage historic, cultural, parks, and recreational assets as may be necessary to sustain and expand them. 3. Maintain an assured water supply designation by planning and developing a renewable water supply (e.g., CAP and reclaimed water), providing a high quality potable water supply, promoting water conservation, and fostering regional cooperation for water development. Community Indicators: ✓ Increase number of environmentally-sensitive acres preserved. ✓ Implement studies and plans developed to protect the environment, archaeological, historical and cultural assets. ✓ Diversify funding sources (e.g., County IGAs, grants, joint venture partnerships, user and impact fees, etc.). • Increase number of arts and cultural events and venues. ✓ Implementation of alternative building and conservation efforts. imp Page 10 D. Economic Development The purpose of Economic Development is to increase the quality of life for the m citizens of Oro Valley and the business community by developing a positive business climate consistent with the community's values to ensure the long-term financial and economic sustainability of the Town. Economic Development touches everyone and everything within the community. Policies made now will have substantial y g Y impacts on the future. They will determine the services the Town can provide to its residents and the quality. The Town is committed to ensuring that future growth q ty balances the desires of the community with the Town's financial needs. Economic Development importantpart ment is an of implementing the General Plan Goals and Policies. Economic Development Goal: climate To provide a strong businessthrough the attraction, expansion, and retention of diverse employment, retail, and tourism opportunities. Strategy: P Encourage business development compatible with community's vision, through: ✓ Retention of businesses and professional talent ✓ Recruitment of businesses and professional talent ✓ Regional Cooperation ✓ Communication and Advocacy Community Indicators: ✓ Increased employment opportunities. ✓ Increased wages. ✓ Increased retail variety. ✓ Regular and efficient communication with the business community. ✓ Effective regional cooperation with economic development partners. ✓ Periodic review and updating of the Community Economic Development Strategy. Page 11 Pearls of Wisdom from -- Michael Abrashoff, "It's Your Ship" • The art of leadership lies in simple things-commonsense actions that ensure high morale and increase the odds of winning. • Leaders need to understand how profoundly they affect people, how their optimism and pessimism are equally infectious, how directly they set the tone and spirit of everyone around them. • No matter how fantastic your message is, if no one is receiving it, you aren't communicating. E. Leadership and Communication Leadership and communication are interrelated principles. You cannot have one without the other. Leadership is the ability to communicate a vision well, which in turn motivates people, transforming great ideas into action. It is what makes all achievement possible. Oro Valley is committed to the following leadership and communication principles: 1. Make communication a top priority within the organization and to the public. 2. Be open to other's ideas, seeking to generate unity and create a climate of 1100 trust. 3. Create instruments for communication. Through effective communication internally as well as externally, a leadership culture will be developed and strengthened at every organizational level. Leadership and Communication Goals: 1. Build trust through effective public outreach and communication. 2. Create an environment conducive of effective dialogue among the Council, staff, and community. 3. Improve intergovernmental relationships. 4. Encourage and develop leadership. Strategies: 1. Expand leadership and staff training opportunities. 2. Develop and implement a comprehensive public and organizational communications program. 3. Regularly conduct joint Council and staff workshops to ensure good imp communication and effective implementation of goals. Page 12 • • 4. Conduct a bi-annual community survey to identify levels of citizen expectations and satisfaction with Town services and quality of life indicators. 5. Initiate a public participation (P2) program. 6. Recruit talented employees with public relations and communication skills. Community Indicators: ✓ Consistency in implementing policy. ✓ Number of documented meetings with public participants. ✓ Amount budgeted annually for training (use creative approaches). ✓ Number of new training initiatives aimed at leadership development and civic engagement. ✓ High satisfaction level expressed from residents responding to community surveys. ✓ Stated Council expectations met. Page 13 • • APPENDIX • Oro Valley Analysis It was agreed that growing Oro Valley geographically offers many opportunities because of the following: ✓ Opportunity to control our destiny and quality of life ✓ Ability to be creative in planning ✓ Ability to increase revenues Oro Valley has become too big when we grow beyond our ability to maintain our community values and quality of life. The term "Bedroom Community" was used and defined. A bedroom community is one that allows a person to live here but they have to work somewhere else. As a result, the roadways become more congested as people have to leave for work and services. The voter ratified Oro Valley General Plan states that Oro Valley is a diverse community where people can live, work and ptc►y. It is a "Planned Community" that has services and employment. It was agreed that Oro Valley is not or should not become a bedroom community and the vision is to become a well-rounded community. Facts About the Future The participants identified the following "facts about the future" that will impact Oro Valley. These facts need to be addressed when discussing the community's vision and strategic direction. ✓ Cost of services will continue to go up. ✓ Town must find a way to fund citizen desired amenities. ✓ Need to provide or continue to provide quality services. ✓ The majority of the Town's sales tax revenues fund the general fund. ✓ Sales taxes are cyclical. ✓ Impact fees are one-time fees. ✓ Taxes impact people. ✓ User fees are directly related to use. ✓ Need to explore different revenue sources. ✓ Build out is coming and construction-related revenues will diminish. ✓ Increased public safety needs as population grows. Page 14 The Town of Oro Valley completed the following analysis by examining the community's "Strengths, Weaknesses, Opportunities, and Threats." The purpose of this exercise was to understand a "snap-shot" of the organization and community today. Strengths Weaknesses Potential to annex land to the north Need to plan better for water protection The Town has taken a leadership Lack of diverse funding sources position in regional issues Public safety is excellent and it is Poor public relations important to maintain this position as the community grows Schools are excellent Lack of diversified affordable housing Staff is excellent Lack of workforce Public relations are improved Lack of transit Codes and Standards are able to Lack of funding to enforce maintain the well-planned community environmental protection goals Boards, committees, and volunteerism Lack of funding for road improvements when needed Cr Purchased land for municipal expansion Lack of ROW for road expansion and parks Proactive in creating a regional Lack of sustainable revenue stream transportation system by making improvements on Tangerine, etc. Oro Valley is viewed as a leader in this area. Proactive leadership Lack of staff to provide training Overall Town Facilities Plan (in process) Lack of cross-training CPI Program Feeling of being overwhelmed Multi-use paths - working on connection Lack of Performance-based budgeting process Public Art Program More parks are needed Proactive regional leadership Lack of municipal facilities • Page 15 4 Strengths Weaknesses Maintenance of Quality of Life - public Lack of park/field space safety, codes & ordinances, schools, annexation opportunities Plans and funds to preserve cultural and historic sites Encroachment on airpark Council/staff training for committees/boards - needs funding Sustainable revenue stream to meet high community expectations Ability to sustain the high quality of life - impact of growth Opportunities Threats Geographic location Water aquifer drying up Growth area to the north Population growth to the north Environment State legislature making decisions that impact state-shared revenue Integrated fire service and emergency Recession service through town Cultural and historic sites Lack of adequate State funding to schools Private airpark Regional road impacts Impact of Quality of Life - economics, Impact of Quality of Life - regional population ulation to north, issues, transportation/infrastructure, environment/geographic location funding impacts, population to north, and water Page 16 ,..:,.,. • ,, ..:::::.:.,,,,:,:...„:„..„........,:.:.....,.......:::::......,......,.."""•..• 'I\,)' H I (2) 0 C ' .,,i ciD C)(....-1,- "....) 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The option that Council gave guidance to pursue included the Water Utility leasing office space and modular office buildings to be set at the future location of the Municipal Operations Center(MOC) located in Rancho Vistoso Neighborhood 3. Currently the Water Utility Staff is in the process of locating suitable office space to lease. When they have located such space, the Water Utility will present the lease to Council for approval. k A Staff committee has been established to implement the plan to install modular office units at the MOC. Members of the committee include staff from Public Works, Water Utility, Planning and Zoning, Building Safety and Information Technology Departments. The plan is tog round set two 1440 sq-ft, 24-ft by 60-ft modulars in the northwest corner of the site and construct the appropriate supporting infrastructure. These would house the Water Utility Operations Staff, the Public Works Engineering Field Staff and the Transit Division Coyote Run Staff from Calle Concordia. All approvals for the modulars would proceed directly through Council. Funding to initiate the engineering and design for permanent facilities is being planned in the next fiscal budget. Public Works Operations Staff would remain at Calle Concordia until permanent facilities at the MOC are ready for occupancy sometime in 2009 or 2010. The modular at Calle Concordia would be returned to the lessor as the Public Works Operations administrative staff would occupy the vacated space in the Pink Building. Fiscal Impact: Three-year lease scenario Modular lease $ 90,000 Modular setup 15,600 Utility Construction 130,000 Site Work 200,000 Security Fencing 200,000 im Total cost $ 635,600 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 Water Utility Lease Leased space $ 490,000 Tenant Improvements 100,000 Move in and set up 100,000 Lease cost $ 690,000 Total Interim Modular and Lease cost $ 1,325,600 Funding for the Water Utility lease will be provided from the Water Utility budget. Funding for the modular space at the MOC will be provided from the Water Utility budget, the Public Works Highway fund and MOC bond funds. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve the Water Utility leasing suitable office space and installing modular office space for designated field operations staff of Transit, Public Works and the Water Utility as interim facilities at the Municipal Operation Center in Rancho Vistoso Neighborhood 3 with all approvals proceeding directly through Council. OR I move to • Craig Civali- , Town n•ineer 7-7) fi. r ;� Philip Salet a, Water Utility Director *. 4 -4rit, Jerene Watson, Assistant Town Manager David Andrews, Town Manager ` v t v.!..........:........!.....„..............,.......:.,''.—. C, 0 7.4I z (I) .iiiii.1. 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I \� i-.- -D M 7] a Y•� .. \\ \c \ 't, 1 . 1 > 11 --i rr7 a _v > > 0 * --i c --.i al -1 0 i 7c) Krn 73 r -n C 0 i .......1 c 0:3C --I G) C C7 -I --‹ Z Z r-.,. 0r-. �aM - '''Ti -< ...< ...< z 0 (/) --I z Cr C *6- D Z z Z W 0 0 0 (i) -0 w u) (i) > ,,, * . C) in .., 4 t. ,i 1t b in .E.M 0 "E > 0 70 0 -< C r- 1 c 0) Xr\) in c3i -t:i r- (A) m 0 ""):1 z - K. >. _ ?, --i -0 --ii I -a in 7] 00 ° <Orr, N r- 0 -E3 7] U) .-t) m0 17) Ae'" 0 M U) U)M C/) 0---I-1 ,,,k 0 y�^ a,< z ..t,l i r d , n1• Y r, TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: April 18, 2007 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bob Kovitz, Governmental and Community Relations Administrator SUBJ: Community Relations Program On March 28, 2007, the Town Council was presented with Strategic Community Relations Program along with an implementation calendar and an internal media relations policy. Theur ose of this communication is to bring the Program to the Council at a regular p p meeting for ratification and adoption. The Program contains three essential sections Media, Community Education and Involvement and Professional Development. Media The Mediap ortion of the Program includes 20 separate action items that deal with press releases, television video alerts, creation of video opportunities, internal digital filming for later broadcast via the internet or television, press briefings with a variety of Town leaders, breakfast meetings with print media representatives, media tours of Oro Valley, increased use of guest columns and editorials, possible purchase of advertising space to share important messages, expansion of cable television broadcasts and our p p Granicus-based system, radio opportunities, increased number of Public Service Announcements, wider distribution of the "State of the Town" presentation, and further exploration of public service broadcast programs. Community Education and Involvement In this area, the Program includes the development of an original Oro Valley "destination" event, new displays for local meetings, update of the Town's special events procedures, development of a master calendar of activities throughout the Town, standardized protocolrecognizing for reco nizin elected and appointed leaders at events, improved coordination of Town attendance at local and regional events, initiation of a periodic citizen opinion survey, development of a new Town newsletter with greater publication frequency, y p organization of a speaker's bureau to be available for HOAs, and neighborhood groups, work with association managers to meet deadlines for HOA newsletters, increased cooperation with local schools, incentives for Town employees to participate in school p programs, coordination with Town's Constituent Services Office re. community issues and education, development of an intern program, and bring Town equipment and personnel to schools for demonstrations. Professional Development In order to assist Town employees in their relationships with the community, the Program proposes to provide ongoing media training to elected and senior appointed officials, development of internal training materials for new hires, training in presentation skills, membership in Toastmasters, improve written communications by standardizing the "look" of all Town printed materials, development of new materials to explain specific issues or operational areas, initiation of an upgraded employee newsletter that will assist all personnel in being knowledgeable about Town activities. In total, there are over 50 action items contained within the Program. As the Town moves forward with implementing these items, new ones will appear and older ones may drop off. It will be the responsibility of the staff to review the Program on an annual basis and to make any recommendations for changes. This means that the Program should be viewed as organic and that it will grow and change as the Town's needs and technology change. RECOMMENDATION The recommendation is that the Town Council adopt the proposed Community Relations Strategic Program subject to funding through the annual budget process. SUGGESTED MOTION I move to adopt the proposed Community Relations Strategic Program subject to funding through the annual budget process. Or.... I move Attachments: Draft Community Relations Strategic Program Bob Kovitz, Govern ental and Community Relations Adminis rator J--rene Watson, Assistant Town Manager Ditillet? David Andr ws, Town Manager • • Community Relations Program—Town of Oro Valley Overall Goal: To provide the citizens of Oro Valley with accurate and timely information about current issues, activities, and projects. Purpose: The purpose of the Community Relations Program is to lay out the many methodologies that may be used to meet the Program's overall goal. Each of these methodologies should be considered for the ways in which they contribute to the Program's goal, and these elements may be utilized in whole or in part, depending upon the issue, activity or project. Based on the Community Relations principles and the Media Relations policies, the 41161, Program contains the following elements: A. Media B. Community education and involvement C. Professional development A. Media Methods for dealing with the print and broadcast media are spelled out in the Media Relations Policy (attached). The Town recognizes that our ability to successfully place informational items is determined by the media's available space or time. These methods outline below should be endorsed by the Town Manager and the department heads, and distributed to all Town departments. 1. Press Releases The Town may issues press releases about upcoming events, volunteer opportunities, significant achievements, human interest stories, and major changes in Town personnel. There is not the expectation that these releases will be printed as submitted. Rather, the purpose of the releases is to bring this information to the attention of the media so that they can adequately plan their coverage or allocate space/time for the information contained in the releases. Town departmental representatives should contact the Community Relations Administrator at least 14 days in advance of any event to be publicized via a press release that would be sent to local or weekly media outlets. For media outlets that publish monthly (e.g., Oro Valley Magazine, Tangerine Magazine, Tucson Lifestyle), the information should be prepared and sent at least 60 days in advance. sF In addition, it is the responsibility of the Community Relations Administrator to initiate releases by staying current on all major initiatives undertaken by the Town. Departments may not always realize that some of their routine activities are worthy of media coverage. ACTION ITEMS: A. Issue press releases via FAX as well as e-mail to either NW Media or General Media. B. By e-mail, share releases with Mayor, Council and department heads and division administrators C. Post releases to Town website D. With input from Town Manager and department heads, bring additional stories about town activities to the attention of the appropriate media ' r 2. Television News and Video alerts activities or projects that will create opportunities for television There may be p � pp news coverage if the activities or projects are visually interesting. Since all of the local television studios are located some distance from Oro Valley, it may be difficult to attract video attention. On the other hand, news organizations may pp recognize opportunities that the Town had not considered (e.g., broadcasting from within the Police communications center as part of Town's designation as "Storm Ready."). The Community Relations Administrator will work with the departments to determine the suitability of activities and projects for news video coverage. The Administrator may then issue a Video Alert along with a press release in order to offer news broadcast opportunities. The Administrator should also contact News Directors and Assignment Editors to bring local stories to their attention. The Town should also pursue television news coverage of more routine matters if there is sufficient visual content or community-wide interest in the story. ACTION ITEMS A. More aggressively create video opportunities for television media. B. Do our own internal digital filming of significant events or activities and have those available for viewing and/or downloading from Town website 3. Press Conferences/Press Briefings When there is an item of significant interest, the Town may undertake a Press Briefing whereby the representatives of the print media are invited to an informal meeting to discuss the issues around the item. The Community Relations Administrator should convene the meeting and invite all of the staff participants who are involved with the particular issue. If possible, written material (including Council Communications and supporting documents) should be provided to the /liftermedia representatives. Press briefings must be held with consideration for the deadlines of the respective print media outlets. In rare instances, the Town may call a press conference to discuss serious issues. If such a conference is called, the Town Council should be so informed. The Town Manager, Mayor and Community Relations Administrator should meet prior to the conference to outline the points that will be covered. The Community Relations Administrator should serve as moderator for the press conference calling upon elected or staff officials who may make statements or take questions. If possible, written material should be prepared and distributed to media representatives at the press conference. ACTION ITEMS A. Continue to invite print and broadcast media representatives to briefings regarding upcoming issues, particularly those which will appear on an agenda or which are circulating through the community. ,Nsid B. Briefings may include departmental representatives, elected officials and/or line staff who have responsibility for a particular area. C. Prepare background material for media attendees at briefings. 4. General relations with media The Town should endeavor to create a positive working relationship with representatives of the media. This can be accomplished by keeping deadlines in mind and providing information as quickly as possible. The Town Manager and the Community Relations Administrator should develop a trusting relationship with reporters and editors of all media, including daily and weekly newspapers as well as television news departments. The Administrator should also keep all department heads appraised of any changes in media coverage (new reporters or editors). ACTION ITEMS ‘Nre A. Develop once-a-month breakfast or lunch meetings with print media representatives and Town Manager/Assistant Town Manager/Department heads for generalized discussions. B. Develop bi-annual tours for media representatives of Oro Valley to focus on pending developments, improvements, and current projects. 5. Letters to the Editor; Guest Op-Ed Pieces From time to time, the Town should submit Letters to the Editor and Op-Ed pieces regarding specific issues. These pieces should generally come from elected officials, although they should seek assistance from the Town Manager and Community Relations Administrator. Elected officials should confer with the Town Manager and the Community Relations Administrator to discuss appropriate use of these outlets. Stir ACTION ITEMS: A. Continue to monitor local media (and national media, when appropriate) for opportunities to share "our message" via guest editorials or letters. Alert editors, prepare and submit these pieces. B. Pursue a regular column by Council members and/or Town Manager to appear in the Explorer and/or the Star NW. If charged for ad space, budget appropriately. 6. Public Access Television In 2005, the Town began its participation in once-a-month broadcasts of "Government Connection," a regular feature on Access Tucson's PEG channels. This broadcast is carried on both Comcast and Cox channels. There is no charge to the Town for this participation, and the program is a 30-minute interview with a host and up to 2 guests (and a call screener to handle any phone calls to the guests during the live interviews). The broadcast is shown live on Wednesday nights and is repeated on tape twice more during the following week. Guests on Government Connection may include the Mayor and Town Council members, department and division heads, and other community leaders or representatives of community organizations (e.g., Northern Pima County Chamber, GOVAC). Each month, the Town Manager and the Community Relations Administrator will review a topics or issue and then solicit participation from the appropriate Town or community representatives. Guidelines or criteria for participation in the program may be developed. ACTION ITEMS: A. Expand the range of guests and topics that could be featured on Government Connection. Create criteria for participation. B. Take DVD's of Government Connection programs and have them available via Granicus on the Town's website. Promote the availability of these programs. C. Pursue live video broadcast of Town Council and other meetings via Granicus and/or local access television. 7. Radio There is a dearth of local-origination news programming on Tucson radio. There are a few live call-in type programs that may be appropriate for use occasionally. Radio—like television broadcasts to a wide audience, and Oro Valley issues may not attract enough listeners to particular broadcasts. Nevertheless, press releases should continue to be sent to all radio outlets (along withp rint and television media), and the Community Relations Administrator may endeavor to book Oro Valley leaders (Mayor, Council members, Town Manager) on local talk-shows, depending upon the issue at hand. ACTION ITEMS A. Book elected and appointed officials onto local radio broadcasts. Encourage call-in programs, with Oro Valley guests present in the studios or by telephone. 7. Public Interest Television Programming As a condition of their FCC licenses, local television stations are required to provide "public interest" programming about local issues. Most frequently, the programs may be viewed on Sunday mornings. Depending on the issue, it may be appropriate for Town leaders to be booked on these programs if the hosts or producers believe that there is sufficient community interest in the particular story or person. Public broadcasting (KUAT-Channel 6) covers local issues in depth. Releases and story ideas should be pitched to the producer of"Arizona Illustrated" or other locally focused programs. The Town should continue to take advantage of the PSA's that Comcast will prepare and broadcast (usually in the form of one slide, no audio). Now ACTION ITEMS: A. Place additional PSA's about Town activities and events with Comcast B. Improve turn-around time on Mayor's State of the Town speech -good broadcast C. Pitch more NW story ideas to "Arizona Illustrated" and Sunday-morning local interest programs B. Community Education and Involvement Based on the outline in the Community Relations Principles (separate document), the Town should create or take advantage of opportunities to become involved in local activities, Jro'ects and programs that will increase the visibility of the Town and its p leaders. 1. Town-initiated events When the Town is the main sponsor of events, it is important that Town leaders be present to indicate their support. They should be encouraged to mix with the other attendees and to show by their presence that they are involved community members. %iv Town-initiated events include but are not limited to the Tree Lighting Ceremony, Volunteer Recognition Dinner, Farmer's Market, Book Festival, Citizen Planning Institute, etc. ACTION ITEMS: A. Begin consideration of"destination" event that will draw visitors to Oro Valley. B. Develop a new off-the-shelf, easy set-up display that can be used by all departments for local fairs, conventions, meetings C. Update the Town's Special Events procedures, policies and code sections (if applicable) D. Develop a master calendar of all events and meetings,whether Town-sponsored or not. Initiate wide distribution of the calendar for improved coordination. 2. Oro Valley-based events sponsored by other organizations Many organizations sponsor events in Oro Valley that may or may not require resources from the Town. Nevertheless, it is equally important for Town leaders to be present at these events to demonstrate their support for the sponsor organization and Oro Valley citizens who may be participating. Events sponsored by other organizations include but are not limited to: GOVAC arts and music programs, the Independence Day celebration, the American Cancer Society's NW Pima County Relay for Life, the American Diabetes Association Walk, the Harvest of Hope festival, El Tour de Tucson, the Tucson Marathon, the Arizona Distance Classic, State of the Town luncheon,Northern Pima County Chamber Gala, etc. ACTION ITEMS: A. Develop invitation protocol for Town leaders when they are invited (or should be invited) to local and regional events. B. See Master Calendar and Special Events procedures, above. 3. Events specifically designed to share information Oro Valley already has an issue-based track record in holding open houses Ns) and community events to share information about specific projects. These have included roadway improvements, General Plan issues, annexation, reclaimed water, etc. Depending on the issues, these open houses may not attract a great number of participants. Therefore, they should not be relied upon as the sole method of designing information about specific issues. They are valuable, however, as one way to elicit feedback about projects and activities. Oro Valley Town leadership (elected and appointed) can attend these events, although their participation is not key. Their presence, however, helps to support the overall goal of increasing the visibility of town leaders. ACTION ITEMS: A. Coordinate Town leader attendance at these events (see Master Calendar, above) 4. Town Newsletter The Town newsletter ("Oro Valley Vista") is another opportunity to educate citizens regarding current issues, activities and programs. The newsletter has proven to be of particular significance in reaching newer residents who may not be aware of all of the services that the Town provides or supports; and it has generated phone calls from citizens who did not receive their copies of the newsletter. The newsletter is published in black and white format, and is mailed every two months to all Oro Valley postal customers. It contains brief articles about current projects,but also highlights ongoing programs and activities that may have already been featured in news publications. It may be possible to expand the newsletter to full color and monthly publication, depending upon the availability of resources. There may also be consideration of returning to a published page in a weekly newspaper that very briefly highlights upcoming meetings and current activities. The published newspaper page might then substitute for monthly publication of the newsletter. ACTION ITEMS: A. Gather research on newsletters from 6-10 other cities/towns to compare and see what style might be preferred or pieces taken to comprise a unique OV look (get copies of newsletters, costs to produce, time to produce,ways of distribution, etc.) B. Review and discuss with Town Manager preferences and then meet with Mayor/Council members to discuss and find out what they would like to see, including frequency of distribution, manner of distribution,within constraints (e.g., budget). If approved, begin monthly publication. . C. Set up a timeline by which the transition will be made and the steps to get there so the organization and Mayor/Council can know when this can be expected. Make sure it has lead time widelyannounced ahead P of the change. 5. HOA Publications and Meetings Homeowners and community associations are formed to protect and enforce the interests of property owners within a given subdivision or neighborhood. They vary greatly in their size and level of activity. Most HOA's in Oro Valley are administered by professional property management companies. Among these companies' duties may be the publication of a newsletter for all of its residents. Not all HOA's have newsletters or regular publications; those that do might only publish quarterly or periodically. Therefore, the Town cannot rely solely on HOA publications for the timely 'gm) dissemination of information. Certainly, if there is an issue of very specific interest, the HOA management company should be contacted. At that point, a decision can be made about whether to distribute written material and/or to participate in an HOA meeting Town leaders and senior staff members should make use of these associations as appropriate, but we should not be dependent upon them since they normally do not have any obligation to the Town. ACTION ITEMS: A. Publicize the availability of Town leaders to address HOA groups on general Town issues or issues specific to that neighborhood. B. Work with individual management companies and community managers to learn the deadlines and submittal requirements for their newsletters. Follow up with appropriate and timely news that they brir can carry for their members/residents. 6. School-based programs As the demographics of Oro Valley change and as the community attracts younger families with school-age children, it is appropriate to engage the schools in activities or programs. Since the Amphitheater School District forbids the distribution of printed material from sources outside of the school (except for health and safety material), we need to use other methods to connect with the schools. For example, we have taken our Streets equipment to the elementary schools for demonstrations to the early primary grades. In addition, we have participated in REACH (gifted) programs, Odyssey of the Mind competition, County School Superintendent job shadowing project, Teen Court in the Schools and Boy Scout training activities. Additional activities like Project Graduation and support for various clubs (e.g., Key Club, DECA) are appropriate. Many times, the Police Department may take the lead in activities because they have School Resource Officers present on the campuses. We should also maintain positive relationships with the principals and counselors at the schools, as well as the District's senior leadership (See Intergovernmental Relations Policy for further discussion). The Town should be meeting periodically with the Amphi School Board and the directors of Pusch Ridge Christian Academy and Immaculate Heart to discuss issues of mutual interest. ACTION ITEMS: • A. Arrange periodic joint meetings with Amphi School Board and/or governing boards of local parochial schools -.4ed B. Provide incentives for Town employees to be active in school programs and associations (e.g., DECA, Key Club, REACH, Odyssey of the Mind, etc). C. Initiate a formalized intern program both high school summer and university semester programs D. Create programs that bring municipal issues, equipment and personnel to the schools at all levels 7. Community Organizations The Town encourages participation and leadership in community service organizations such as Rotary, Kiwanis, Lions, Interfaith Community Services, Northern Pima County Chamber and Optimist clubs. The Town should adopt a budgeting policy for membership and meals when Town employees or leaders become members due to their Town employment or position. "mod The Town should also make its leadership available for presentations about current issues to these organizations. ACTION ITEMS: A. Develop a speaker's bureau of Town officials who are able to make presentations on a variety of topics; publicize the availability of these speakers to community organizations B. Invite varying groups of people in to breakfast with the Mayor, Council members or TM (e.g., Barbers and Beauticians Days) C. Create a policy for Town reimbursement of membership dues and fees when a community organization membership is required as a condition of employment or as part of a department's workplan. This policy should address both individual and town membership issues. . • C. Professional development Normally, staff development should be coordinated through the Human Resources Department. However, since public and community relations may be viewed as the responsibility of all elected officials and Town employees, it is desirable to develop the skills of those individuals. 1. Media training Frequently, department heads and Town Council members are contacted for stories in the media. In addition, the media will report what has been said at public meetings. We must understand that the media has a responsibility to report accurately what they see and hear. However, this does not mean that an editor's or reporter's opinion of what is important is the same as ours. Therefore, a story may run that emphasizes only the most extreme positions or uses only the most extreme quotes. Therefore, we should develop a curriculum that helps department heads and Council members in dealing with the media. This may be accomplished by: • Inviting editors and reporters to work sessions that focus on dealing with the media • Distributing written"tips" for dealing with the media • Videotaping of simulations for analysis; presentation of case studies for discussion • Including media training as part of the new Council member orientation (and as orientation of selected volunteer boards and commissions) ACTION ITEMS: A. Professional media training for our Council and executive team. B. Develop training materials that can be accessed by new hires who may be called on to deal with media. 2. Selected training for key personnel Each year, there are local training sessions presented by a wide range of professional organizations and presenters. Key personnel should be encouraged to attend these sessions to develop their communication and presentation skills. For example, Pima Community College offers many one-day or half-day classes on effective communications and the use of technology (e.g. PowerPoint). ACTION ITEMS: A. Explore costs for individual and group training opportunities that will enhance the skills of those making presentations to community groups, advisory boards and commissions and employee groups. 3. Toastmasters Toastmasters International provides a structure and forum for the development of speaking and organizational skills. Not only do the participants prepare short speeches, but they also learn the art of speaking extemporaneously and how to provide effective evaluation. Town management should participate or encourage their departmental staff to participate in the Town's Toastmaster program. This is particularly true for those staff members who have regular public contact or who make presentations to the Council or volunteer boards and commissions. ACTION ITEMS: A. Continue to promote Town-paid membership in Toastmasters Club. [Should it be a requirement among senior staff?] } B. If time is an issue, allow staff to attend and join other Toastmaster chapters. 4. Written Communication There may be Town employees who need assistance in their writing skills. Therefore, we may consider some basic training in proper grammar and business letter creation for employees who send out written communications. The overall goal of such training will be help us in educating our various publics by clearly explaining rules, policies and regulations that govern municipal matters. Therefore, the training should focus on both electronic communication(e-mail) and hard copy communication (FAX and letters). The training can also include various topics (e.g., responding to citizen complaints, providing information about upcoming events or hearings, etc.). ACTION ITEMS: A. Centralize and standardize the "look" of all materials that originate in Town Hall, regardless of department. B. Seek standardization of image by working with each department on their Town brochures to insure correct logo usage, content and visual appeal C. Assist in the development of needed informational materials that promote a service, explain an operational area or market the Town 5. Employee newsletter The Town has been without an employee newsletter for many years. With an employee population nearing 400, emphasis should be placed on sharing information with the employees since they are in touch with the • public on a daily basis. The "Messages from the Manager" currently serves this purpose in an abbreviated form. 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