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HomeMy WebLinkAboutPackets - Council Packets (991) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 17, 2006 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 38-431.03(A)(1) concerning personnel matters, Council may vote to go into Executive Session for the annual evaluation of the Town Attorney RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 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 bep laced 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 g to Audience." In order to speak during "Call to Audience" please specify p Y what you wish to discuss when completing the blue speaker card. PRESENTATIONS Presentation of the revised Oro Valley DVD 1. CONSENT AGENDA In accordance with Section 2-4-6 of the Oro Valley Town Code, Consent Agenda items are items of business that are of a routine nature and shall g A enda, Council Regular Session 2 05/17/06 introduced "Toa rove the Consent Agenda", and shall be be by a motion pp considered by the Council as a single item. There shall be no debate or member of the council regarding any discussion by any item on the consent agenda, beyond asking questions for simple clarification. An y pulled at the request of a council member only and consent item may be q individually. The item pulled from the consent agenda may be considered discussed with full debate. (Consideration and/or possible action) A. Minutes — 03-22-06;04-05-06;04-12-06;04-26-06;05-01-06 B. BuildingCodes Activity Report— April 2006 C. CoyoteCoyote D. Resolution No. (R)06-32 Authorizing and Approving the execution of an Intergovernmental Agreement by and between the Town of Oro City Valley and the of Tucson to utilize Federal Transit Administration Funds, via FTA Grant AZ-90-X073 for the replacement of one (1) Coyote Run van E. Resolution No. (R)06-33pp g Approving the agreement between Town of Oro Valley and KAI Farms for a Groundwater Savings Facility Project (R)06-34 F. Resolution No. Authorizing and approving the Water Utility Department for the Town of Oro Valley to apply for a Technical e Grant from the Water Infrastructure Finance Authority Assistance (WIFA) for design of the Oro Valley Water Utility Phase 2 Reclaimed Water System Project G. Resolution No. (R)06-35 and approving the execution of a Authorizing Memorandum of Understanding (MOU) between the Town of Marana, g the Flowing Wells Irrigation District, The Metropolitan Domestic Water Improvement District and the Town of Oro Valley, to cooperate in tannin for the development of renewable water resources planningfor the H. Resolution No. (R)06-36 Approving authorization Mayor to contract with K & B Asphalt Co. in the amount of$25,500.00 for Coote Ride curbing, Project No. OV 30 05/06 13 Coyote g Reappointment of Pete Bistany and Doug McKee and appointment of I. pp Clark Reddin with terms effective July 1, 2006 — June 30, 2008 and t of RayPaolino fillingan unexpired term of July 1, 2005 — appointmen June 30, 2007, to the Planning & Zoning Commission J. Reappointment of TonyEichorn and Sarah Frost and appointment of Peter Lamm with terms effective July 1, 2006 — June 30, 2008, to the Finance & Bond Committee K. Reappointment of Bob Evans and Margot Hurst and appointment of Y Delaneyand Lyra Done with terms effective July 1, 2006 — Robert June 30, 2008 and appointment of Susannah Myerson filling an unexpired term effective May17, 2006 through June 30, 2007, to the Parks and Recreation Advisory Board L. Northern Pima CountyChamber of Commerce Quarterly Report — January 1, 2006 - March 31, 2006 05/17/06 Agenda, Council Regular Session 3 M. Metropolitan Tucson Convention and Visitor's Bureau Quarterly Report — January 1, 2006 — March 31, 2006 2. CONTINUED PUBLIC HEARING — ORDINANCE (0)06-07 AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 5, MAGISTRATE, SECTION 5-5-1, FEES, DECREASING THE DEFAULT JUDGMENT FEE FROM $50.00 TO $25.00 AND INCREASING THE DEBT SETOFF FEE FROM $9.00 TO $10.00; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH (Continued from 05/03/06) 3. PUBLIC HEARING — RESOLUTION NO. (R)06-37 INCREASE EXISTING POTABLE WATER RATES, INCREASE EXISTING RECLAIMED WATER RATES, INCREASE EXISTING RECLAIMED WATER RATES, INCREASE EXISTING GROUNDWATER PRESERVATION FEES, INCREASE EXISTING BACKFLOW PERMIT FEES, REVISE EXISTING NEW DEVELOPMENT CONSTRUCTION INSPECTION FEES, ESTABLISH NEW CONSTRUCTION WATER RATE AND ESTABLISH NEW HYDRANT METER RELOCATION FEES FOR THE ORO VALLEY WATER UTILITY 4. RESOLUTION NO. (R) 06-38 AUTHORIZING A PAY INCREASE FOR THE MAYOR AND TOWN COUNCIL MEMBERS OF THE TOWN OF ORO VALLEY IN THE AMOUNT OF $1,500.00 TO BE APPLIED PROSPECTIVELY BEGINNING JULY 1, 2006 5. DISCUSSION AND POSSIBLE ACTION REGARDING OPTIONS FOR ADOPTING A RECRUITMENT PROCESS TO FILL TOWN MANAGER POSITION 6. 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 1111/ POSTED: 05/05/06 4:00 p.m. (Ih) 05/17/06 Agenda, Council Regular Session 4 When possible, packet of agenda materials as listed above is available for a g at least 24 hours prior to the Council meeting in the office of the public inspection Town Clerk between the hours of 8:00 a.m. — 5:00p.m. complies The Town of Oro Valley with the Americans with Disabilities Act (ADA). If any person an with a disabilityneeds type of accommodation, please notify Y the Town Clerk's rk's Office at least five days prior to the Council meeting at 229- 4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing.. However those items not listed as a public hearing are for consideration and action bythe Town Council during the course of their business meeting. Members of the public may be allowed to speak on g these topics at the discretion of the Mayor and Council. If you wish to address the Town Council on any item(s) on this agenda, please p a complete speaker card located on the Agenda table at the back of the room p give it to the Town Clerk. Please indicate on the speaker card which item and number and topic you wish to speak on, or if you wish to speak during "Call to Audience", p lease specify what you wish to discuss when completing the blue speaker card. when the Please step forward to the podiumMayor calls your name to speak on the item(s) on theagenda which you are interested in addressing. your Please state name and address for the record. 2. Speak onlyon the issue currently being discussed by Council. Please p organizespeech, you will only be allowed to address the Council g yourp 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. Anymember of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. Position Statement Neighbors and Trail Users of Loma Linda Road and Loma Linda Trail • There is no justification for the widening as there is no increased usage.The number of residences in the area has remained unchanged. • Where are the Town's traffic count and accident statistics to prove the need?To the knowledge of the residents,there have been no accidents on the street in nearly 20 years. • Because there is no justification,it is a waste of taxpayers' funds.The Town is facing a potential shortfall in the'06-'07 fiscal year.Town officials stated that they were doing this project because the pavement is deteriorating.It appears to look much the same as it has for many years.The road is in fact in better condition than other roads in the Town and the County. • Which projects will not be done as a result of this project?Residents of the Oro Valley Country Club Estates have stated that they have tried for the past three years to resurface El Milagro, Bangalor,Buena Vista,and Oro Valley Drive.They were told by Oro Valley that there is no money available for that work.This demonstrates a lack of oversight,a lack of proper management,and a lack of fiscal responsibility.It is an inappropriate use of valuable and limited Town resources. A four-way stop to allow horses to cross at Calle Concordia and Loma Linda would be a far more intelligent use of tax dollars. • The Town has exhibited bad faith in their dealings with the stakeholders.Citizens were left out of the planning process.The concerns of the neighbors and trail users should be well known to the Town as they have been expressed numerous times and the trail has been a high-profile issue. Rather than approach the neighbors and ask us for our input into the design,the Town chose to design the project and award the bid on a consent agenda.After arranging a"done deal"they then sent out a vaguely worded letter which mentioned a paving project but said nothing about widening Loma Linda Road.In any other case where adjacent neighbors were directly affected by a change proposed by another individual or entity,there would be a hearing.The majority of the residents and trail users do not support this project.In this case,the Town acted as if this decision had no impact on the neighborhood.This process is contradictory to the Town's policies and statements about involving citizens.Affected property owners and trail users should be included in any future planning processes. • The engineering plans that citizens were shown appear to be inaccurate and incomplete.The current horse path and trail right-of-way is NOT shown in the plans.The scale and the dimensions of the plan do not match the dimensions of the actual street.If these plans are to be considered "blueprints",then the contractor is going to build the road in the present median and their seven foot right-of-way buffer on the east side of the road will occupy portions of the current roadway. How can citizens review and make constructive comments on a planned project with what appear to be blatantly incorrect specifications? • There are approximately 500 equestrians and numerous joggers,dog walkers and mountain bikers using the trail.The existing vegetation serves to buffer the trail users,who include young riders in training and riders of all ability levels,from the traffic on Loma Linda.The vegetation provides both visual and auditory protection. • The rip rap and curb at two separate junctures is a safety hazard for the trail users. Some other materials and methods must be utilized. • Efforts by citizens to preserve this trail date back to the 1970's. It was adopted as part of the Eastern Pima County Trails System Master Plan through Pima County. It was subsequently adopted by the Town of Oro Valley and is used by many people every day as it the only legal access to the CDO wash.It is the only "live"trail left in Southern Oro Valley that has not been closed by development.Both residents and Town staff members have spent a tremendous amount of time,effort and money to keep this trail open. What was the point of these efforts if access to, and the safety of,this same trail is destroyed by this action? • Additionally,the plan does not address the real safety issues at the intersection of Calle Concordia and Loma Linda. It is difficult for southbound,east turning traffic to see on-coming traffic because of the telephone pole obstructing the view of on-coming traffic.The white stripe needs to be repainted to correctly define the edge of Calle Concordia so that west bound traffic does not encroach on the junction with Loma Linda. IIMIIIIIMMINEk. •; , . ti,.........,... . N , • .. )4..,... ,.: ,-,... '-'Foo is*:,opiimitton.• ',?. .,.. . fc...@.eit.,i •.,. . 10 0 • : 0 - :' • .:. . 9/ace extr044., EXst-f..-.,-.!'•Rat) ,-.;,: ..- .. ' .' • c'. i :, : . : :li••::I, •:. .: ,tO Oalerfal ., 'r .::,... ,'' .,' ' .1,:,.,wo: 31d located by -,.‘,... ".: ,..,4, . ,. . . • , Rena'.V x 6004 section of asphalt 0„ poitii....•...ecoinpact subbase o 95% . I ThSfall.'i:" x 600' section ••••' new asphalt. .,N.., TO,i.n,,ii..,- for will field ve:lrylOCation . ,....=_.. 0. . •.,, : . - • . 4:'• ?r...'• i rANCHO V••,'.9*/.:;.$645070/ZW' '• Install R Concrete: -- . -..... • (ors.....,..:,;::ze) Plqaor 'ExfPIgge 05076n . • . • ST ft/W '111Pkic#P,'A'0040.4004,*,. a.op..,'., ..' '' '. • InStOli.:• Aiti and $0,!jg2':*:!,: . *-- ,-.:t4,f;: '• '; ,::-.:'. . - 00-•:: ::',1 application\ .. t. c 1 .,. ,... -• 1,, - , • .,,,,°';7. ,i'.-' .,.. • •••,, .i. ...: - 4'ti., • • - •. 0 lial....., •RIVI v - • .•,..: . ., ; ' 'Ext. eilet;$11,0".0.to.tfe i—: , UI . I."' a- ' • .protected with tt.defrhtiti - . 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LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER 5:32 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K C Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member EXECUTIVE SESSION AT OR AFTER 5:30 PM MOTION: MOTIONA by was made Vice Mayor Parish and SECONDED by Council Member Carter to go into an Executive Session pursuant to ARS § 38- V.* Council mayvote to go into executive session for the 431.03(A)(3) and (A)(4), purposes of consultation for and discussion of legal advice with the Town Attorney concerning the results of the Internal Revenue Service examination of reporting and compliance, and to consider and instruct its Town informationp g . regarding the Council's position on responding to the examination. attorneys rega g MOTION carried 7 — 0. MOTION was made byVice Mayor Parish to go out of Executive MOTION: A Session at 6:15 p.m. MOTION SECONDED by Council Member Dankwerth. MOTION carried 7 — 0. RESUME SPECIAL SESSION AT OR AFTER 5:30 PM 1. RESOLUTION NO. (R)06-17 DECLARING AND ADOPTING THE RESULTS OF THE BALLOT BY MAIL PRIMARY ELECTION HELD ON MARCH 14, 2006 Kathryn Cuvelier reviewed the results of the Ballot by Town Clerk K Mail Primary y Election. The votes cast for the candidates for Mayor and Council members were as follows: Oro Valley Mayor: — 6645 (56.92%) Nancy Young Wright — 5014 (42.95%) Paul Loomis 03/22/06 Minutes, Town Council Special/Study Session 2 Paul Loomis received 56.92% of the vote and is declared elected to the office of additional 4 year term commencing June 7, 2006 — Mayor and shall serve an May 2010. Oro ValleyCouncil Members (3 seats open): Paula Abbott 5669 (19.61%) (46%) K C Carter 5164 (17.86%) (42%) Don Cox 4877 (16.87%) (39%) Conn Culver 3902 (13.50%) (31%) Y Al Kunisch 4560 (15.77%) (37%) Kathy Pastryk 4693 (16.23%) (38%) No candidate for council member received a majority of the ballots cast (6195). Therefore, all six candidates runningfor 3 council member seats shall have their names placed on the general election ballot to be held on the 16th day of May 2006. # 1 Extension of Alternative Expenditure Limitation Question (75.86%)• Yes 8975 (Home Rule Option) No 2856 (24.15%) Question #2 Referendum on Ordinance No. (0)04-10 law 6999 (57.63%)entive Ordinance Yes Inc ) (Vestar/MarketPlace 5145 (42.37%)No Ms. Cuvelier stated that 53.6% of Oro Valley voters turned out for this election, turn-out. Shepointed out that since the May General Election which is a record will be combined with the Pima CountyBond election, voters will cast their ballots Therefore, if a voter would like to vote early, they must request an at the polls. t automaticall receive their ballot in the mail as they did early ballot and will no Y for the March election. MOTION: Council Member Carter MOVED to adopt Resolution No. (R)06-17, vote the v to of the March 14, 2006 Primary Election. MOTION SECONDED by Council Member Dankwerth. MOTION carried 7 — 0. 2. POSSIBLE DISCUSSION AND ACTION BY COUNCIL TO DIRECT STAFF REGARDING THE TOWN'S RESPONSE TO THE INTERNAL REVENUE SERVICE EXAMINATION OF TOWN INFORMATION REPORTING AND COMPLIANCE MOTION: Aby MOTION was made Vice Mayor Parish to direct the Finance Department to pay to the IRS the sum of $3800 which is the penalty assessed by the IRS for the Town's failure to handle 38 transactions with vendors in 03/22/06 Minutes, Town Council Special/Study Session q accordance with IRS requirements to ensure 1099 Miscellaneous Forms. MOTION SECONDED byCouncil Member Dankwerth. MOTION carried 7 — 0. MOTION: Aby MOTION was made Vice Mayor Parish to adjourn the special session at 6:25 p.m. MOTION SECONDED by Council Member Dankwerth. MOTION carried 7 — 0. STUDY SESSION AT OR AFTER 5:30 PM CALL TO ORDER: 6:25 p.m. PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Paula Abbott, Council Member K C Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member 1. Comcast Franchise Renewal Process — Discussion Town Attorney Melinda Garrahan explained that the Town's existing cable franchise agreementexpireson May21, 2007. At this point, the town's options are relatively limited. Sheexplained that in 1997 the Town entered into a cable franchise agreement in accordance with what was going on at the time. The 1110* is straight forward and touches on the fact that the franchisee may agreementg use the Town's rights of way, must pay to use them and needs to reimburse the Town for any use rightsway of those ofthat result in any cost to the Town. She agreement is now upfor renewal. Ms. Garrahan further explained stated that this that in June 2004, intent new franchisee, Comcast, sent the Town a letter of g to enter into renewal re-negotiations. By law there are 2 approaches to the p negotiations, a formal and informal approach. She stated that just as this notice the town and the 3 years started running for the renegotiations, there came to has been a great deal of activityboth at the State and Federal levels by the cable industry to limitmunicipalauthority over franchises. Ms. Garrahan explained r ument made was that cable was that one a disfavored in economic terms,argument because unlike "hard satellite TV, cable has facilities" in the ground and ' ' could charge for them. She stated that the state and federal municipalities g legislators havesympathetic been s athetic to those arguments; therefore, legislation is p Congress that would tremendously cut back on local authority. Ms. pending in Garrahan handed out some information from the International Municipal Lawyers Association explaining that the move is on again to push this federal legislation p g along. Ms. Garrahan explained that regardless of what the federal government will or won't do, the State of Arizona has already taken action and House Bill 2812 was already signed into law byGovernor Napolitano. She characterized the state Itu, legislation as saying to local government "this is the template for cable franchise y g 03/22/06 Minutes, Town Council Special/Study Session 4 renewal, you can onlyask for so much money, only address certain things and to rene , try the extent you to negotiate for benefits or giveaways by the cable franchisees, g that will be an off-set for the money received and gross revenues are defined specifically to the provision of video programming." No fees for commercial or p Y other fees are allowed. She explained that this new bill goes into effect July 1, 2007 and Oro g Valley's agreement with Comcast expires May 2007. Therefore, the recommendation is to negotiate the renewal within the context of the new bill and that we negotiate for a relatively short renewal. In the past few years, have approached franchise renewal in a variety of ways. She municipalitiespp stated y y g g the "heyday"" of getting a lot of "goodies" out of the cable franchise renewal process has come and gone. In answer to auestion by Council Member Abbott, Ms. Garrahan stated that a there will not be much difference between what is in the Town's current agreement and what will be in a new agreement. Mayor Loomis stated that the only thing to negotiate would be the addition of a public service channel. It was clarified that there would be no change in the franchise fee amount collected by the Town. Mayor Loomis agreed that at this point there is no need to hire a consultant since the relationship the Town has with Comcast is much better than it used to be and we are able to work this amongst ourselves. He suggested continuing with the negotiations and that staff bring the agreement forward to Council when it is ready. 2. Codification of the Oro Valley Design Guidelines — Discussion CommunityDevelopment Director Brent Sinclair gave the background of how the Design Guidelines were developed. He explained that there are 6 major sections in theg uidelines: Site Planning, Architectural Design, Landscape Design, Signage, Residential and Infill Projects, and Commercial/Office Projects. He then explained the comprehensive and thorough development plan review process. PlanningZoning and Administrator Sara Moore gave an overview of the Design Guidelines. She explained that having the design guidelines specifically referred to in the Code and published as an appendix to the Code, enhances its authority in the design review process. She stated that there is a national trend to look at more design review which can be done using many methods. She explained that much of the standards for subdivisions, development plans and commercial projects are in the Zoning Code, which provides a greater ability to apply design guidelines. She explained that it is difficult to codify good design and the Town ter doesn't get to excellent design through a Zoning Code. There is a grey 03/22/06 Minutes, Town Council Special/Study Session getting to excellence usingDesign Guidelines, and going through a certainty of g e g design process review that is open-ended and subjective allows for some flexibility. Council Memberp Gillaspie explained that he placed this on the Agenda to force a debate amongst the Council and members of the public to define and clarify as a community w here our boundaries are for using Design Guidelines. He stated that his perception is that in manyinstances in Oro Valley, it is a great source of contention with some of our citizens who feel that Oro Valley is not enforcing the Design Guidelines. He stated that the process used in Oro Valley is much more rigorous than anyother place he has seen and the net result has been very good. He asked if the Town Council chooses to require modifications to a plan or final plat that reasonably relate to the design standards, but development previously negotiated in the design review process, or were not pre y agreed to by the petitioner, willthey be sustainable, will they be defensible in Court?� He stated that in his perception, he has witnessed this with the Development Review Board (DRB) where theydon't feel empowered to put a condition on a development plan or plat that maybe in the best interest of this community. He stated question this has not been answered, it is cause for a lot of fighting. Vice Mayor Parish stated that he doesn't think that most of the citizens in Oro Valley don't think that the Town is following the Design Guidelines. He stated whether or not it is sustainable will be determined by the reasonableness of the tilib condition. If our decision is reasonable and based on good sound judgment, we can sustain any conditionwe place lace on the development. The argument is what is reasonable? He felt that sometimes in the past, the DRB has allowed some expectations to effect they way they make decisions. He stated unreasonablep the pendulum keepsswinging in both directions and if we could keep it in the g middle, we'd be better off. In response to Mayor Loomis, Community Development Director Brent Sinclair explained ined that staff and the DRB apply the Design Guidelines at the preliminary platg . plat stage. The final is mostly complete and ready for filing when it is submitted. Therefore, there are not a lot of opportunities to make changes withoutg or years"unwinding" months of work. However, Mr. Sinclair explained plan the development ment is different because it is a continual process and the Guidelines area lied bystaff before it gets to the DRB. Then the DRB Design pp . Council mayadd additional design guidelines, as well. He explained that and the it is not too late for Council to add anything, given the developer doesn't have to re-design n the entire site. Then, this would not just be a design issue, but a whole development issue. Council Member Carter stated that he has written a lot of specifications and he thinks the appear Design Guidelines a pear to be flexible and can be adjusted if needed. 03/22/06 Minutes, Town Council Special/Study Session 6 Vice Mayor Parish asked how Design Guidelines inter-relate with a planned area development (PAD). Ms. More explained that a PAD is an alternate zoning category. The general rule is if there is something specifically mentioned and established in a PAD then that supersedes the Town's Zoning Code and Design Guidelines. If it is silent, for instance, if a PAD does not have any Design Guidelines, then the Town's Design Guidelines will apply. Therefore, you have the same development with different rules, depending upon its location. Council Member Dankwerth asked that for future developments, whatever design is agreed to should be appropriate to what the identity is in Oro Valley, and that it also should be respectful of that identity and respectful of the environment in which it is located. Council Member Gillaspie stated that there needs to be some sort of affirmation by the Town Council that it is okay for our staff to do their job and apply that Code to its fullest extent before it gets to the Town Council and that it is okay to use every tool staff can because in the end we will have a better product. Design review and plat review is intended to bring the design into compliance with the Code, but the process itself makes it so that the Council cannot challenge it if they approve it. He stated if staff has the affirmation from the Town Council based on what our citizens have said in the ratification of the General Plan, then most cases, we will get the best product that we can. He asked Council to ,,.eally think about this and try to understand what this means so our staff has direction which filters down to our Boards & Commissions. He knows it is tough sometimes to know how far they can go. Mayor Loomis stated staff does a very good job of making developments conform to the overall guidance of the General Plan and what fits into the community. Remember that there is a lot of push back that continues all the way to the Council. The Council is the last opportunity and in most cases, when a developer has made it this far, they are not willing to go back and start over again. In most cases, the developer can be convinced that it is in their best interest to make changes or add a condition. Council Member Abbott felt that it was good to discuss this issue. Our intent is to achieve quality developments and improve the product, but we should try to eliminate some of the ambiguity in the Design Guidelines, such as using "shall" instead of "should" where we can. Ms. More stated that the Zoning Code is always stronger than Design Guidelines. Mayor Loomis stated that we are looking at this as a set of Design Guidelines because we have a Code that has the "shalls" and requirements in it, and if we to make the guidelines too strict, then why not just include them in the Zoning 03/22/06 Minutes, Town Council Special/Study Session 7 Code? If established as a Guideline and not as a requirement, it leaves the opportunity for the developer to create what works and then go through the process. Council Member Culver expressed support for keeping these as "guidelines" and not being codified for the reason that what may fit in one neighborhood may not fit in another, or it might not be appropriate in one location but is appropriate for another, so to be locked into something that is so rigid without any flexibility, would be limiting ourselves. She agreed with staff that these guidelines should be left as they are so that we have the flexibility and the ability to make something fit in the best manner that it possibly can in the location where it is designed to be. In answer to a question by Council Member Gillaspie, Mr. Sinclair stated that the fact that this document doesn't have "shalls" doesn't handicap staff. In many ways it helps with negotiations. He gave an example of a development that might come in that has vested rights to do something, but it looks awful; Planning staff has the ability to "push/pull" and use these Guidelines to get a better development without "hammering" them. Each development should be treated on a case-by-case basis. Vice Mayor Parish clarified that from his perspective, the Zoning Code is designed to meet a minimum standard and by using "push/pull" of Design Guidelines, our staff, DRB and our citizens have the ability of raising the quality 111110 of a development and helping it to be compatible and fit in with its surrounding area vs. having "shalls" that don't allow for flexibility or negotiation. Council Member Gillaspie stated people get wrapped around the axle about the word "shall" but how you interpret "shall" is different for every person. So it is not the meaning of the word "shall" as much as the legal affect of"shall." He stressed the importance of adequately training and providing resources for our Boards and Commissions so that they understand they are part of the game plan of Oro Valley to leverage what we get back from the developers who come here, so that the burden is not totally on staff. Staff has to be backed up by the recommending bodies and the Town Council. ADJOURNMENT MOTION: Council Member Culver MOVED to adjourn at 7:35 p.m. MOTION seconded by Council Member Carter. MOTION carried 7 — 0. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk DRAFT ORO VALLEY TOWN COUNCIL REGULAR SESSION APRIL 5, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member EXCUSED: Paula Abbott, Council Member Barry Gillaspie, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A MOTION was made by Vice Mayor Parish and SECONDED by do Council Member Dankwerth to go into Executive Session at 6:01 p.m. for the '` following purpose: Pursuant to ARS 38-431.03(A)(3) and (A)(4), Council may vote to go into Executive Session for the purposes of consultation for and discussion of legal advice with the Town Attorney concerning the results of the March 7, 2006 Internal Revenue Service examination of Town information reporting and compliance, and to consider and instruct its attorney's regarding the Council's position on responding to the examination. Mayor Loomis announced that in addition to the Town Council, the Town Manager, the Town Clerk and the Town Attorney, Chief of Police Danny Sharp and Commander Charlie Lentner would also be present in Executive Session. MOTION CARRIED, 5 — 0. MOTION: A MOTION was made by Vice Mayor Parish and SECONDED by Council Member Dankwerth to go out of Executive Session at 6:35 p.m. Motion carried, 5 — 0. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:00 P.M. PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor 04/05/06 Minutes, Council Regular Session 2 K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member EXCUSED: Paula Abbott, Council Member Barry Gillaspie, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings and events. COUNCIL REPORTS — Vice Mayor Parish reported that he and Special Project Coordinator Scott Nelson visited with Pinal County's Planning Department regarding growth the that will be occurring directly north of Oro Valley in Pinal County. He explained that there will be approximately 15,000 homes/dwelling built in the next 2 to 5 years. He stated that this amount of new homes will units tl effect the roadwaysystem into and through Oro Valley and he suggested greatly Y meetings be scheduled with Pinal County to study how this growth will affect that g OroValley and how the two jurisdictions can work together to plan for this future growth. DEPARTMENT REPORTS Chief Sharp introduced Liz Wright, the Police Department's new Public Information Officer. Town Engineer Craig Civalier reported that he met with the PTO for Wilson Schools regarding intersection improvements at La Cholla and Glover Road. He g g explained that there will be an interim solution by restricting turns at Glover to right-out only and installing temporary traffic control signs. TOWN MANAGER'S REPORT — No comments. ORDER OF BUSINESS Mayor Loomis moved Item 9 forward (before Item 3) on the Agenda. CALL TO AUDIENCE Bob Black, 1920 W. Desert Highlands Drive, expressed concerns regarding fire services in the Town. He stated that he felt that the citizens had been kept out of IMF therocess and changes regarding fire/ambulance services provided by Rural p 04/05/06 Minutes, Council Regular Session 3 Metro Fire Department and Golder Ranch Fire District. He questioned the p changes and urged the Council to be responsible and to serve the needs of all ,. : the citizens of Oro Valley. Al Melvin, 38665 S Sandcrest Drive, introduced himself to the Town Council and explained that he was a conservative Republican candidate running for the State Senate. He urged people to look at the websites of all the candidates running for the House and Senate from Legislative District 26. Richard Taylor,for, 11401 N. Scioto Avenue, expressed concerns regarding the wideningof a portion of La Canada Drive and the impact to the homeowners on the west side of the road. He presented copies of petitions collected from homeowners expressing their concerns and requesting a meeting with the p g Assistant Town Manager and the Town Engineer to look for resolutions to their concerns. In response to Mr. Black's comments regarding fire services, Vice Mayor Parish party stated that the onlyart interested in making a profit is the non-governmental party which is Rural Metro Fire Department. He further explained that Rural Metro was never envisioned as a fire department that would take care of the Town, instead it was set up to serve rural areas. He also stated that everyone haste opportunityhto impact the way Golder Ranch Fire District is governed as it p has a Fire Board whose members are elected officials. He also stated that the leo new agreement between Rural Metro and Golder Ranch will improve EMS services and response times. Council Member Culver stated that a meeting has been scheduled with the Town Engineer regarding the La Canada widening and Mr. Taylor will be contacted g g g with specifics. 1. PRESENTATIONS Mayor Loomis read a Proclamation proclaiming the week of April 3 — 9, 2006 as "Coyote Run 100,000" week in honor of the outstanding service that the transportation system has provided to the residents of Oro Valley. Mayor Loomis and Town Manager Chuck Sweet thanked Chuck Kidwell, Coyote Run Administrator, for work well done. 2. CONSENT AGENDA Mayor Loomis pulled Item F and Item K from the Consent Agenda for discussion. Y MOTION: A motion was made by Council Member Dankwerth to approve the Consent Agenda minus Items F and K. Vice Mayor Parish seconded the motion. Motion carried, 5 — 0. 04/05/06 Minutes, Council Regular Session 4 tho A. Minutes — 02/22/06, 03/01/06, 03/15/06 Safety B. BuildingActivity Report— February 2006 C. Police Department Report — February 2006 p 1, 2006 - Appointment of Thomas Gribb and Scott Leska effectiveJuly D. App June 30, 2008reappointing and rea ointin Harold Kandetzke and Dan Sturmon to the Development Review Board with terms ending June 30, 2008 E. Appointment of Kent Russell to fill the immediate vacancy on the Municipal Property Corporation with a term ending September 30, p y p 2007 F. Resolution No. 8 Authorizing the Town Manager to negotiate with Burns Wald-Hopkins kins Architects, the terms of a contract approved as to form bythe Town Attorney, up to an amount of$291,070.00, limited to Naranja Narana Town Site Facility Programming and Concept Design Scope n Sco e of Work and borrowing $77,859.00 from the contingency g fund to be used to begin Phase 1 (PULLED FOR DISCUSSION) G. Resolution No. Authorizing and approving a contract with Gilbert Pump Equipment& E ui ment Co. in the amount of $34,646.00 to furnish and install a replacement submersible pump and motor for well D-8 H. Resolution No. (R)06-20 Authorizing the Mayor to contract with Cactus Transport, Inc. in the amount of $199,993.67 for Tangerine p Meadows pavement rehabilitation, Project No. OV Hills and Tangerine 30 01/02 01 ‘4100 I. Resolution No. (R)06-21 Authorizing the Mayor to contract with K & B Asphalt Co. in the amount of $223,228.00 for Rancho Verde Pavement Rehabilitation, Project No. OV 30 05/06 09 J. Resolution No. (R)06-22 Award of contract for professional engineering services to Bernard Deutsch Associates, Inc. in the Study of $167,716 for the Town wide Municipal Space Needs and the Municipal Services Center Master plan Kpp OV12-02-11 A Approval of a 2 year time extension requested by Goldstein Construction Management Inc., representing Hardy Oracle Group LLC, for a Master Development Plan and Specific Development Pan, property Ilocated on the northeast corner of Oracle Road and Hardy Road, Parcel 225-12-065A (Plan to expire March 3, 2008). (PULLED FOR DISCUSSION) pp L. OV12-04-14A Approval of a 6 month time extension requested by Lewis and Roca, representing Diversified Partners, for a Preliminary Plat, located on the southwest corner of Tangerine Road and First Avenue, Parcel 224-02-017A (Plat to expire June 15, 2006). M. Opp V5-06-02 Approval of Public Art for the Mercado at Canada Hills commercial development, for 3 abstract post-modern interpretative p bronze sculptures, located on La Canada, just north of the Fry's, Parcels # 224-25-024E & 224-25-575A N. Approval of settlement of the Hopson Property Condemnation pp for a negotiated purchase price of approximately95000$ Litigation g 04/05/06 Minutes, Council Regular Session 5 F. RESOLUTION NO. (R)06-18 AUTHORIZING THE TOWN MANAGER TO NEGOTIATE WITH BURNS WALD-HOPKINS ARCHITECTS, THE TERMS OF A CONTRACT APPROVED AS TO FORM BY THE TOWN ATTORNEY, UP TO AN AMOUNT OF $291,070.00, LIMITED TO THE NARANJA TOWN SITE FACILITY PROGRAMMING AND CONCEPT PT DESIG N SCOPE OF WORK AND BORROWING $77,859.00 FROM THE CONTINGENCY FUND TO BE USED TO BEGIN PHASE 1 In response questions uestions from Council Member Dankwerth, Town Manager Sweet explained that when advance expenses (for planning, surveying, Chuck p set ssa on a verylarge project, a Reimbursement Resolution is etc.) are necessary g up. The monies that are beingborrowed from the Contingency Fund would be paid back beginning approximately in a roximately two to three years (once the debt bythe voters or by action of the Council.) He further instrument is approved � he the programming and scope of work portions of t explained that completing p g N a ra nj a Town Site was critical in order to take it forward to the voters so that the total cost of the project can be presented for their consideration. Council Member Dankwerth also requested that the bid amounts from the two other companies that submitted on the project be provided to her. MOTION: Vice Mayor or Parish moved to approve Item F. Council Member Culver NW, seconded the motion. Motion carried, 5 — 0. K. OV12 02 -11 A APPROVAL OF A 2 YEAR TIME EXTENSION REQUESTED BY GOLDSTEIN CONSTRUCTION MANAGEMENT INC., REPRESENTING HARDY ORACLE GROUP LLC, FOR A MASTER DEVELOPMENT PLAN AND SPECIFIC DEVELOPMENT PLAN, PROPERTY LOCATED ON THE NORTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, PARCEL 225-12-065A (PLAN TO EXPIRE MARCH 3, 2008) responsetoquestions from Mayor Loomis regarding the request for a two year In extension sion verses the normal extensions of 6 months or 1 year), the applicant, Gene Goldstein, explained lained that he was not aware of regulations that provided a of 6 months or 1year for extensions. He stated that he would have no timeline issue asking a 1-year for extension instead of a 2-year extension. He further explained that the Phase I Development Plan has been approved and they are with tenants for thisphase. Mr. Goldstein stated that a 1-year extension working would give them enough time to finalize their tenant's needs, grading and building plans, etc. MOTION:• Council Member Culver moved to grant a one (1) year time extension, expiring March 3, 2007. Council Member Dankwerth seconded the motion. Motion carried, 5 — 0. 04/05/06 Minutes, Council Regular Session 6 9. OV120501 REQUEST FOR APPROVAL OF A MASTER DEVELOPMENT PLAN FOR A COMMERCIAL CENTER, LOCATED IN PROXIMITY TO THE SOUTHEAST CORNER OF ORACLE ROAD AND HARDY ROAD, DIRECTLY SOUTH OF THE CIRCLE K, PARCEL 225- 14- 166B MOTION: Vice Mayor Parish MOVED to CONTINUE Item 9, OV12-05-01, at the request of the applicant to the April 19, 2006 Town Council meeting. Council Member Dankwerth SECONDED the motion. Motion carried, 5 — 0. 3. PRESENTATION OF THE ORO VALLEY WATER UTILITY COMMISSION 2006 ANNUAL REPORT it Director PhilipSaletta presented a PowerPoint presentation, Water Utility . mission and goals of the Water Utility, and highlighted the following reviewed the points regarding the Water Utility Commission's 2006 Annual Report: g g • Resources o Groundwater Supply13,384 AF/year (AF=Acre Feet) o Reclaimed Water 1,500 AF/year o Effluent Water 1,000 AF/year o CAP Water 1,000 AF/year o Long Term Storage Credits 19,200 AF • Assets INOP o Reservoirs 19 o Reservoir Capacity 9,088,000 Gallons o Wells 21 o Well Pumping Capacity 11,182 GPM o Pump Stations 23 o Water Mains Operate over 340 miles of mains • Water Quality o 1,630 Samples taken in 2005 o Meet all standards of ADEQ and EPA o Annual Water Quality Report mailed do all customers • Current Water Supply o Developed Water Resources • Groundwater: 13,384 AF/year • Reclaimed Water: 1,500 AF per year o Undeveloped Water Resources • CAP Water: 6,748 AF/year • Additional 3,557 AF in 2007 • Effluent Water: 1,000 AF/year • Long Term Storage Credits:19,211 AF • Water Resource Planning o Investigate alternatives for future water supply and delivery 04/05/06 Minutes, Council Regular Session 7 o Regional Cooperation SAWUA (Southern Arizona Water Users ,NW Association) Proposal osal & Northwest Providers Memorandum of Understanding) ■ Water Conservation Program o Incentives o Consultations o Water Audits (have saved over 10 million gallons) o Education o Membershipin Water CASA (Conservation Alliance of Southern Arizona) • Utility Operations o Production, Distribution, Engineering, Customer Service • Security • Capital Improvements o Include Golf View Drive main replacement, Exploratory Bore, Reclaimed Water System-Phase ■ Financial Highlights o Approximately 17,300 customers o Sold 3,248,106,000 gallons of water o Water Sales Revenue: $10,025,928 o Billing Collection — 99.99% Mayor Loomis congratulated the Water Utility staff on the Town's water quality IOW and the fact that there have been no significant problems in over four years. MOTION: Council Member Carter moved to accept the Water Utility Commission p 2006 Annual Report. Council Member Culver seconded the motion. Motion carried, 5 — 0. 4. RESOLUTION NO. (R)06-23 PROVIDING NOTICE OF INTENT TO ESTABLISH AND INCREASE WATER RATES, FEES AND CHARGES FOR THE ORO VALLEY WATER UTILITY AND ESTABLISHING THE PUBLIC HEARING DATE OF MAY 17, 2006 AT 7:00 PM reported Utility Director PhilipSaletta re orted that per Arizona State Statute, must adopt a Notice of Intent to increase water rates and also municipalitiesp y make a Water Rate Analysis Report available for public review thirty days prior to the public hearing. He explained that approval of Resolution (R)06-23 begins the g formalprocess for this requirement and sets the public hearing date for May 17, 2006. Mr. Saletta further explained that the water rates analysis was performed by the Water Utility staff, reviewed by a consultant, and also reviewed by Town Management and the WUC (Water Utility Commission.) He stated that the WUC is recommending moving forward with the proposed water rate increases. 04/05/06 Minutes, Council Regular Session 8 MOTION: Council Member Carter moved to approve Resolution (R)06-23 providing Notice of Intent to establish and increase water rates, fees and charges for the Oro Valley Water Utilityand establishing a Public Hearing date for May 17, 2006. Council Member Dankwerth seconded the motion. Motion carried, 5 -0. 5. PUBLIC HEARING — RESOLUTION NO. (R)06 —24 ADOPTING THE TOWN OF ORO VALLEY TRANSIT SERVICES DIVISION FARE RATE INCREASE Transit Services Administrator Chuck Kidwell reviewed the Council Communication and stated that Coyote Run which provides transit services for elderly and disabled residents has been in operation since 1996. He further explained that since October 1996, over 100,000 passenger trips have been Coyote Run and thisyear's projection of 17,000 passenger trips with provided by an approximate total of 220,000 service miles being estimated. Mr. Kidwell explained that through the continued growth of Coyote Run, the fares have remained the same. Mr. Kidwell then reviewed overhead maps depicting Coyote Run's Service Area Round TripFares. He explained that the rate which has been in effect since and 1996 is based on three zones with round-trip tickets ranging from $2.00 to $6.00. He explained that while their expenditures are increasing (increase in service 14. demand, rising fuel costs, an aging vehicle fleet that is in need of maintenance, and the need for new vans to replace older vehicles), the funding sources are remaining flat with some funding sources (LTAF II) being dissolved. He then reviewed Coyote Run's budget for 2006/07 and explained that staff is recommending that rates be increased to $4.00 up to $12.00 for a round trip ticket, doublingthe current fees, which would become effective on July 1, 2006. In question resp to a from Council Member Dankwerth, Mr. Kidwell explained that theycurrently have a "sliding fee" to help those that can not pay p for their fares. In a response to question from Council Member Culver, Mr. Kidwell explained p that an annual surveyof current customers showed that 80% of those responding to the survey supported a fare box increase. He reported that 90 surveys were p handed out and 57 of those surveys were returned. In response to questions from Vice Mayor Parish, Mr. Kidwell explained that p information regarding f rmation re ardin the availability of any LTAF II funds would not be available until September or October of this year. He stated that these funds were a good source of supplemental income for Coyote Run, but there was not a good way to budget for these monies as they were made available after the Town's budget o was approved. He further explained that approximately 50% of their customers' mer,,, trips are for medical reasons, with education and employment coming in second. 04/05/06 Minutes, Council Regular Session 9 Mayor Loomis opened the public hearing. There being nospeakers,Bakers, the public hearing was closed. Parish moved to approve Resolution (R)06-24, adopting MOTION: Vice Mayor pp the Town of Oro Valley Transit Division fare rate increase. Council Member Carter seconded the motion. Vice Mayor Parish commented that manyemployers are interested in supporting transportation projects. He also stated that education funding and grants are available and he urged staff to look into some of these options. MOTION CARRIED, 5 — 0. Mayor Loomis recessed the meetingat 8:05 p.m. The meeting resumed at 8:12 p.m. 6. OV 12-05-28 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT/DEVELOPMENT PLAN FOR THE VISTOSO TOWN CENTER, LOCATED AT THE CORNER OF RANCHO VISTOSO BOULEVARD AND MOORE ROAD, PARCEL #219-21-001D Steve Solomon, Canada Vistas Homes, reported that the Rancho Vistoso Town parcel Center is an 87 acre at the southeast corner of Rancho Vistoso Boulevard and Moore Road. He explained that when the Rancho Vistoso Planned Area Development (PAD) was developed, this area's zoning included commercial, andgovernment office facilities in the anticipation that this property residential,would be the Town Center. Mr. Solomon stated that this property is also the actual location of the Hohokam Honey Bee Village archaeological site which comprises 13 of the 87 acres. Mr. Solomon further explained that at the suggestion of Mayor Loomis, all of the parties were brought together to come up with an integrated development vested g g preservationplan lan for the entire area. The Honey Bee Village Working Group was group formed rou and this has been meeting to formulate the plan for this property. explained that the proposed plan has four main components: 1) Core Area He p p which consists of the Hohokam Village (13 acres) (donated by Canada Vistas Homes); 2) Single-Family leFamil home section (52 acres); 3) Residential condominiums and 4) Commercial section (10 acres.) He explained that a draft (14 acres); Conceptual Plan was reviewed and approved by the Town Council on July 6, 2006 and subsequently pp approved bythe Tohono O'Odham Nation on September 2006. He also reported that the Honey Bee Village Working Group continues 14, p meet to prepare a detailed site and use plan for the preserve which will to p p Council. ultimately be reviewed bythe Development Review Board and the Town ultim y 04/05/06 Minutes, Council Regular Session 10 Henry Wallace, Desert Archaeology, reported orted that field work will be started in 1 — tar p He the State Historic Preservation Office. 2 weeks pending approval from l work will involve trenching to help map out the prehistoric explained that initial features that are underground. process This will take about two months and will concentrations of the village. He stated that areas will be identify the main for the selected for more extensive excavation and some areas will be opened up public's viewing sometime in the summer. Further discussion followed regarding: • Major problems during the trenching, excavating, etc. Much research has . regarding Hohokam Villages so they have a very good idea of been done rega g g design, etc. If something major is found, documentation the village'sg would be completed. State regulatory agencies would have the option to stop further work if they felt further study was needed. ■ An agreementCounty with Pima and the State Historic Preservation Office exists regarding re ardin the levels of research and excavation that should occur. ■ itigatio n includes systematic stematic trenching, excavation, research of overall M structure, and detailed study of the prehistoric housing. ■ An agreement with the Arizona State Museum provides that any artifacts that are found are analyzed and stored at the Museum. ■ Timing project of is based on contract with Pima County (1 year) and the development can elo ment begin once the State Historic Preservation Office has g given their approval. ■ Onc e Desert Archaeologyhas determined where things are, they will meet with Pima Countyand the State Historic Preservation Office to review their recommendations for further excavation. • project Goal of is to excavate sensitive areas. The area outside the preserve will also be trenched so they will know where things might lie but they will not excavate everything, only sample areas. • Desert Archaeology will be monitoring the initial grading during the development process. • A part e of this development will remain undisturbed. • Archaeologists always want to preserve as much as possible of any historic site. Realistically, they know that development will occur but the central area will be preserved. Excavation of areas outside of the core will providea great reat amount of knowledge about the village and lay the groundwork undwork for educatingthe public about what was there which will make the preserve more valuable in the future. Mr. Solomon stated that the Core Area will remain preserved at this point as excavations were done in the 1980's with many features identified at that time. He explained ined that the remainder of the area will be trenched and explored under the contract with Pima Countyand Desert Archaeology. He further reviewed the p proposed development of the site and explained that the Rancho Vistoso PAD allows for residential, community/commercial uses including restaurants and offices. He explained that the PAD also provides for the development standards 04/05/06 Minutes, Council Regular Session 11 but where the PAD "is silent," the Town's Zoning for each type of use :. Development Standards are used. Mr. Solomon then reviewed the following aspects of the development: • Single Family Homes o 145 lots on 52 acres o Curved streets o Mix lot and home sizes o Vary setbacks o All lots back up to Open Space with a minimum of 25 feet of natural p open space between each lot o Extensive trail system within the subdivision ■ Archaeological Park o 1/2 acre set a park for this designed for intense uses, re-creation of historic sites, education, active displays, etc. • Visual Impact of project • Condominium Units o 124 units on 14 acres o Open view corridors from preserve o Parking inside buildings with exterior garage doors o Back up to natural open space • Commercial o Central neighborhood mall concept o Parking kept ke t to minimum and will be placed on the sides of the complex o Walking path with interpretive signage o Shops, restaurants, offices o Different elevations on site separated by landscaping o Artifacts preserve cts from will be lent back to the site for public display through an agreement with the Arizona State Museum o 85,000 sq. ft. retail space on 10 acres with 326 parking spaces • Protections Specificprotections provided in Plat Notes (General Notes 47 & 48) o S peci o Recorded Conservation Easements o Preserve wall - funded by a grant from the Tohono O'Odham Nation o Restricted accesses o Vistoso Guidelines (CC&Rs) o Eyes on the Park Discussion followed regarding guest parking and entrances for the condominiums, major archaeological findings, heights of buildings on commercial pads and drainage. Mayor Loomis recessed the meetingat 9:05 p.m. The meeting resumed at 9:15 p.m. utes Council Regular Session 12 04/05/06 Min , Administrator Sarah More reviewed the Council Planning and Zoning Communication. She stated that staff recommends approval for the preliminary plat and development plan based on the following factors: there is compliance with applicable Zoning Code requirements;ments' there would be no adverse effect on • the conditions recommended in Exhibit "A"; the surrounding land uses subject to . there is substantive conformance with the General Plan and Design Guidelines; ' Board (DRB) has recommended approval. She the Develo ment Review andDevelopment development that approval of the preliminary plat and plan are also explainedpp comprised of the appsloped area of 1) an open space trade, 2) encroachment, an alternative parking analysis. and 3) Ms. More then commended Mr. Solomon for his time, efforts, design of the project and dedication of the preserve. She stated that the Town of Oro Valley can bep roud of this quality development. Mayor Loomis opened the floor for public comment. Amphitheater School District thanked Ken Scoville representing Mr. Solomon and Canada Vistas Home fore g nterin into a donation agreement with the School District. BillEye Place, stated that Mr. Wallace, the archaeologist, Adler, 10720 N. Eagle y had stated that he did notyet et know the full story of the Hohokam Village. Mr. Adler said that he felt that it was illogical and unnecessary to approve a development planknowing without the full archaeological story of what was that he would rather the Council revisit the development underground. He stated Bolo ical ort was made available at which time they plan once the full archa g rep could determine what was appropriate.ro riate. He also questioned the fact that the complies with ZoningCode development standards as there are no project development standards for mixed uses. Mr. Adler also stated that he felt that the proposal was too intense for the site. Culver commented that as the Council Communication Council Member residential) condominiums and single-family resid ) indicates, each entity (commercial, are stand-alone developments and what is unique about this project is that all beingreviewed simultaneously in order to provide a components are that this to development.comprehensive approach Therefore, she disagreed was a mixed-use project. Member Culver moved to approve OV12-05-28, Canada MOTION: Council ment Plan with the conditions listed in Exhibit "A". Vistas Preliminary Plat/Develop s� • • 04/05/06 • Minutes, Council Regular Session 13 • EXHIBIT "A" OV 12-05-28 Vistoso Town Center 1. Building permit plans will be submitted when the tenant for the restaurant that time, a more specific odor abatement space is known. At plan shall p be submitted for approval bythe Planning and Zoning Administrator and Building Official. 2. The Town of Oro Valleyand the commercial property owner(s) shall identify and provide off-site parking opportunities to accommodate events or activities that will attract numbers of visitors beyond what was envisioned aspart of theapproved "Alternative Parking Analysis. 3. Add as a General Note the following: "Coordination for special events go through the Rancho Vistoso Homeowners' Association". ENGINEERING 4. Moore Road dedication to the Town of Oro Valley and construction shall be completed prior to the issuance of any Certificate of Occupancy for the entire commercial, the entire condominium and residential portion of the development that are north of Vista Del Pasado Lane and Honey Bee Preserve intersection due to emergency vehicle access considerations. g 5. Full traffic signalization shall be constructed and operational at the intersection of Rancho Vistoso Boulevard and Moore Road prior to the ter.► release of any n Certificates of Occupancy for all structures contained within this project. 6. A Regional TrafficReportdetermining both the geometric configuration of the intersection of Rancho Vistoso Boulevard/Moore road and cross q section requirements of Moore Road along the northern boundary of this project shallapprovedby be the Town Engineer prior to the issuance of any grading permits for the entire project. 7. Final approval of on-site improvement plans shall not be issued until the detailed analysis of site distances is completed and approved by the Town Engineer for adequate intersection design. This includes the detailed analysis of the current configuration and survey of Rancho Vistoso y Boulevard and the construction documents for onsite improvements and landscape plans. 8. Provide engineering data supporting the statement "Encroachment analysis is not necessary for this insignificant encroachment" concerning the encroachment of the toe-of-slope into the floodplain at the eastern corner of Building R16 on Sheet#4. Council Member Dankwerth seconded the motion. 04/05/06 Minutes, Council Regular Session 14 DISCUSSION: Vice Mayor Parish commented thatunique,this was a , original development and great strides were takenby q Mr. Solomon to include all entities and to preserve the core area. He stated th at General Note #48 regarding archaeological findings was offered by Mr. Solomon and his generosity shows that he wants to be a part of this community. involved in the project and said that it was a difficult Mayor Loomis thanked all project. He stated that Mr. Solomon has been extremely flexible and pro-active in work with all the parties to make a development that his approach in trying to will offer a wide variety of opportunities. MOTION CARRIED, 5 — 0. 7. RESOLUTION NO. (R)06-25 ADOPTING THE DEPARTMENT OF ECONOMIC SECURITY (DES) JULY 1, 2005 ESTIMATED POPULATION , FIGURE OF 39,400 TOWN RESIDENTS FOR THE PURPOSE OF ESTIMATING THE TOWN'S SHARE OF STATE SHARED TAX DISTRIBUTIONS Finance Director Stacey Lemos reviewed the Council Communication and Arizona State Statutes allows cities and towns to choose from a low explained that variety of populationestimates to modifythe amounts usedin the formula for distributing state shared revenues. The Town of Oro Valley must choose between continuing to use the 2000 Decennial Census Figure of 29,777 or the July 1, 2005 Department of Economic Security population estimate of 39,400 explained that the population figures will be used as the basis for residents. She p p distributing a variety of state shared revenues to the Town beginning in fiscal year 2006/2007 and remaining in effect through June 30, 2011. MOTION: Council Member Dankwerth moved to approve Resolution (R)06-25 approving thea p Department tion of the De artment of Economic Security (DES) July 1, 2005 EstimatedPopulationFigure Fi ure of 39,400 Town residents for estimating State Shared Tax Distributions to the Town of Oro Valley for the last half of the decade. Council Member Culver seconded the motion. Motion carried, 5 — 0. 8. PUBLIC HEARING - ORDINANCE NO. (0)06-05 RELATING TO SPEED LIMITS; AMENDING ORO VALLEY TOWN CODE SECTION 11-3-4, "SPEED LIMITS"; AMENDING THE SPEED LIMIT ON LA CHOLLA BOULEVARD BETWEEN THE FLASHING LIGHTS, THROUGH THE WILSON SCHOOL CROSS WALK, BOTH NORTHBOUND AND SOUTHBOUND, TO 15 MILES PER HOUR; 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 yi,,, PROCEEDINGS EEDINGS THAT HAVE ALREADY BEGUN THEREUNDER 04/05/06 Minutes, Council Regular Session 15 Town Engineer Craig Civalier reviewed the Council Communication and explained that staff is recommendingthat the speed limit between the flashing lights and the far end of the Wilson School crosswalk for both the northbound changed from 45 mph to 15 mph and southbound traffic be c to further protect the g students and residents when crossingLa Cholla Boulevard in the crosswalk near Wilson School. public hearing. There being no speakers, the public Mayor Loomis opened the g hearing was closed. MOTION: Council Member Carter moved to adopt Ordinance (0)06-05. Council Member Dankwerth seconded the motion. Motion carried, 5 — 0. ITEM 9 WAS MOVED FORWARD ON THE AGENDA (before Item 3.) -25 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT 10. OV12 05 , FOR A 69 LOT SUBDIVISION WITHIN ROONEY RANCH AREA Z, LOCATED ON THE SOUTHEAST CORNER OF NARANJA DRIVE AND FIRST AVENUE, PARCEL 220-09-0160 Pepperviner Homes, Inc. stated that The WLB Group, representing John Holley, p p . were requesting Council's approval of a preliminary plat for a 69 lot they q g subdivision within Rooney Ranch Area Z. He explained that the streets will be and there will be twogated entries into the residential portion of the private project. Mr. Holleyexplained that the southern entry will line up with the new traffic sinal and the traffic improvements will be coordinated with the g development. He then stated that the plan was in accordance with the p Development Plan that was submitted several years ago with the modifications that lots have been reduced in size, an extensive trail system has been into the project and there is a 500 foot setback from the CDO Wash. incorporated Community Development Develo ment Director Brent Sinclair reported that originally the Planned Area Development (PAD) provided for a combination of mixed uses including singlefamily residential, multi-family residential, open space and commercial; however, a 2004 PAD amendment changed the site to residential except for once small piece of commercial which still remains. (The commercial not included in this preliminary plat proposal.) He further explained that portion is preliminary plat is a variation of the original tentative development plan. thep ry Those variations include a reduction in the number of residential lots, the street design/configuration improved,uration is im roved, two methods of ingress and egress have been provided and there is a better design for the recreational area. Mr. Sinclair also explained that with the addition of General Note 47, visibility issues have been Mr. Sinclair then reported that the Development Review Board addressed. p recommended approval of this project and the project meets the applicable Zoning Code requirements. • 04/05/06 Minutes, Council Regular Session 16 followed regarding the left-turn lanes from the project as they Further discussiong g „ will be incorporated with the First Avenue Widening Project, access into Area "A , and possible sound walls beinginstalled by the developer for Lots 1 , 11, 12, and 13. MOTION: Vice Mayor or Parish moved to approve OV12-05-25, Preliminary Plat for a 69 lot subdivision with Conditions as listed in Exhibit "A" (as distributed in the Council Communication) with the following added conditions: Add a General Note that specifically outlines the access to Area A on the private road as p y demonstrated in drawings;the drawin s; and Sound Walls will be provided for Lots 1, 11, 12, and 13 and will be called out on the Final Plat. Council Member Dankwerth seconded the motion. Motion carried, 5 — 0. 11. DISCUSSION AND/OR POSSIBLE ACTION BY COUNCIL TO: 1) AUTHORIZE STAFF TO PAY TO THE IRS THE AMOUNT ASSESSED FOR UNDERPAYMENT OF TAXES RELATING TO GROUP-TERM LIFE INSURANCE BENEFITS (APPROXIMATELY $4189.41); 2) DIRECT STAFF TO PROTEST CERTAIN ITEMS OF THE MARCH 7, 2006 INTERNAL REVENUE SERVICE EXAMINATION OF TOWN INFORMATION REPORTING AND COMPLIANCE; 3) AUTHORIZE THE TOWN MANAGER TO PAY UP TO $12,000 OF THE ASSESSMENT FOR USE OF TOWN VEHICLES UPON A DETERMINATION THAT, IN CERTAIN INSTANCES, PAST USE PROBABLY WAS NOT T COVERED BY IRS REGULATIONS; AND 4) PROVIDE CERTAIN LIMITED SETTLEMENT AUTHORITY TO THE TOWN ATTORNEY, IN CONSULTATION WITH THE TOWN MANAGER, TO COMPROMISE AND SETTLE THE TOWN'S PROTEST, IN WHOLE OR IN PART Town AttorneyMelinda Garrahan reviewed the Council Communication regarding the findings of an IRS report dated March 7, 2006. g g MOTION: Council Member Dankwerth moved that: The Finance Department be authorizedpay toto the IRS the amount assessed for the underpayment of taxes 'n to the examination of group-term life insurance benefits, which amount is relating bythe Finance Department to be $4189.41; and that the Finance estimated Department be authorized to pay up to $12,000 to the IRS towards the assessment for underpayment of taxes relating to the use of assigned Town vehicles, as maybe determined appropriate by the Town Manager, in . with the Town Attorneyand Finance Director, based upon a detailed consultation Isis to determine which usage reasonably fell within certain "safe harbor' analysis y regulations governing employee use of Town vehicles; and that the Town Attorney and Finance Director be authorized to pursue protest of the assessment for r the claimed underpayment of taxes relating to the Town uniform allowance and the assessment for the claimed underpayment of taxes relating to Town- provided rovided vehicles, except for such vehicle use as the Town Manager may determine does not reasonablyappear to fall within the "safe harbor" regulations; Nor and thaY t the Town Attorne , in consultation with the Town Manager, be 04/05/06 Minutes, Council Regular Session 17 authorized to compromise and settle the Town's protest, in whole or in part, • into a consent judgment that the Town will based upon. agreement or entry revise its policies and future practices to conform to IRS requirements and/or a ment for the claimed underpayment of taxes in an amount not to exceed payment y $25,000. Council Member Culver seconded the motion. Motion carried, 5 — 0. 12. FUTURE AGENDA ITEMS — None presented. ADJOURNMENT MOTION: A MOTION was made byCouncil Member Carter and SECONDED Iver to adjourn at 10:25 p.m. Motion carried, 5 — 0. by Council Member Cu j� Prepared by: Roxana Garrity, CMC Deputy Town Clerk thevorp I foregoing minutes are a true and correct copy of the hereby certify that g g session of the Town of Oro Valley Council of Oro minutes of the regularday Valley, Arizona held on the 5th of April, 2006. I further certify that the meeting was dulycalled and held and that a quorum was present. Dated this day of , 2006. Kathryn E. Cuvelier, CMC Town Clerk • DRAFT MINUTES ORO VALLEY TOWN COUNCIL/HISTORIC PRESERVATION COMMISSION JOINT STUDY SESSION APRIL 12, 2006 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE JOINT STUDY SESSION: AT OR AFTER 6:00 P.M. CALL TO ORDER 6:05 p.m. ROLL CALL PRESENT: TOWN COUNCIL: Paul Loomis, Mayor Paula Abbott, Council Member K.C. Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member EXCUSED: Terry Parish, Vice Mayor IMP HISTORIC PRESERVATION COMMITTEE PRESENT Pam Sarpalius, Chair Robert Baughman, Vice Chair Pat Sturmon, Member Jim Kriegh, Town Historian Nancy Manger, Member Al Kunisch, Member Sybil Needham, Member Emily Graves, Student Liaison 1. DISCUSSION WITH BOB SHELTON REGARDING "OLD TUCSON" MEMORABILIA Bob Shelton, former owner of "Old Tucson" Movie Studios, presented a short backgroundyears of his at Old Tucson. He then explained that he had a large inventoryof movie memorabilia and collectibles from his years at Old Tucson. explained that he is in the process of putting together his and several other He private collectionsdisplay to dis la in a museum setting. Mr. Shelton stated that he has visited with Jim Kriegh (Town Historian) who suggested that the Steam Pump Ranch site would be a wonderful place to have the museum to showcase these items. 4/12/06 Minutes -Joint Study Session 2 Town Council and Historic Preservation Commission Mr. Shelton reported that his collection includes antique movie projectors, props, wardrobes includingitems from John Wayne and Elizabeth Taylor), equipment and over 300 movies made at Old Tucson. The other collections that may be included in the museum consist of the World of Miniatures (wood carving collection,) the Castaneda Museum of Ethnic Costumes and possibly memorabilia from famous stunt men. He explained that if they had the room for these large place collections, theywould these collections into one area which would provide a historic and entertaining venue. Furthera uestions and discussion followed regarding: • Space requirements (each collection would require approximately 1,500 - 2,000 sq. ft.) • Time frame — Currentlyorganizing and inventorying collections. Would space verysoon for warehousing and preparation of collections for need placingin actual museum setting. No specific time line for setting up museums but would want to do as soon as possible. • Costs Display— Dis la costs would be borne by the museum owners. Public building costs would need to be negotiated. • seum would developa revenue stream for owners and the Town. Mu Specifics would need to be worked out. • Co llections would not be donated but would be installed under some type of Lease arrangement. • Arizona Historical Society and University of Arizona Museum want 100. collections but owners do not want the collections placed in a basement. The collections need to be seen and enjoyed by the general public. • Historic Steam PumpRanch area seems to be very suitable for this type of venuep Create campus-like setting including the museum, commercial areas, etc. • O g ri inal movie films are in archives of Congress. Many films have been transferred to a media source so that they could be shown repeatedly in a small theater within the museum. • Displays (permanent vs. revolving) - Depends on size of facility, if there is enough room, most of the items could be displayed. g • There are no preconceived conditions/requirements for the museums. Owners of collections are flexible but would want to place their collections where they would be most visible and appreciated. • The Steam Pump Ranch project was approved under the 2004 Pima County Bond Election. Negotiations for purchase are under way and the Co y g Town anticipates closure in 2006. Once property is acquired, a Master Plan process will take place. • Operating and maintenance costs — Admissions could be charged but may p g possibly corporate need underwriting, grant monies, etc. to operate museum. • These museums could possibly be the biggest tourist draw in Pima lir County. a great would be thing for the Town of Oro Valley. They would 4/12/06 Minutes -Joint Study Session 3 Town Council and Historic Preservation Commission (IOP also provide educational opportunities and hands-on learning for local school students. • M r. Shelton will also be visiting with other municipalities regarding a place for the museums but he will keep the Town of Oro Valley informed. Mayor Loomis recessed the meetingat 7:00 p.m. The meeting resumed at 7:10 p.m. 2. REVIEW AND DISCUSSION REGARDING THE DRAFT HISTORIC PRESERVATION ORDINANCE Community Development Director Brent Sinclair explained that the Historic Comm y p . tion Commission (HPC) was created in December 2004 and one of their Preserva charges was a comprehensive to develop Historic Preservation Ordinance which wouldprovidelegal a le al and planning framework for engaging in historic preservation activities in Oro Valley. Mr. Sinclair then reviewed the draft Historic Preservation Ordinance which the following: Mission and Objectives, Definitions, Historic Property includesg Register, Historic Preservation Commission (Membership, Officers, Terms, Rules, Incentives, Historic Landmark Designation Process, Powers and Duties) Historic District Designation, Certificate of Appropriateness (Alterations, Restorations, Renovations, Construction, Demolition/Removal), Maintenance and Repair, Economic Hardship, Appeals, Violations and Enforcement, and Severability. Discussionregarding followed re ardin the different aspects of the proposed Ordinance with the followingitems to be reviewed and possibly revised: . • wordingon the Ordinance as "top level" not the Commission itself. Focus • Create a series of flow charts that explain the steps for processes (i.e. establishing the Historic Landmark Designation and Historic District Designation). This would make the processes easier to understand. • Pag �e 1 D.1 Objectives: Remove "To promote the adoption of an ordinance" as it is redundant. Possibly add "Promote the review, maintenance and currency of the adopted Ordinance." • Pae 2 - Director: Remove the words "Means the". g • Page 4 Term of Office: Terms are different than that of the other Town's Boards and Commissions. May need to reconsider terms and/or review the termolic for all Boards and Commissions. Need to retain historical p Y provided e by the members. Need to open the door for new members. HPC members could remain on the Commission as advisors once their terms are capped. Possibly set up an apprenticeship program to help g brin in new members that would be ready to take on projects, etc. • Page 5 - Possibly strike last sentence of Item K ("Such acquisition may include theurchase of acceptance of donated property.") p • Page 6 - Incentives: Waiver of Application Fees. Commission would request this if it were considered a "deal breaker." Director being referred . 4/12/06 Minutes -Joint Study Session 4 Town Council and Historic Preservation Commission • to is the Community Development Develo ment Director. Recommend that incentives be on a case-by-case basis. • Page 6 Landmark Designation: A voluntary process and is normally a designation reviewed bythe HPC. (A Historic District is a Zoning function that would come before the Council for their consideration.) • Page 8 Historic Designation,ric District Desi nation, Paragraph B: If differences of opinion occur between the Historic District Designation and the Zoning regulations, language the lan a created for the district takes precedence. g Change the wordingfrom "the Historic Preservation Ordinance takes precedence" language to "the lan e of the created District takes precedence." g • Page 13 — Economic Hardship, Paragraph B: As volunteers, does the � � ' ? Commission want this responsibility. Should Commission defer or make a recommendation to the elected officials rather than the HPC being the ultimate decision-maker? o HPC's decisions can be appealed to the Council. o Further define Economic Hardship. (Get legal definition.) Should have clearg uidelines as to how to determine an economic hardship. • Page 13 Violations and Enforcement: Class 1 misdemeanor. Don't think Town has power to initiate a felony, but can apply stronger penalties. Possibly placestops sto s on building permits for further development until historic site is rebuilt. Make this section strong and straight-forward so it won't be subject to interpretation. (Legal Department will look at expanding andin violations and enforcement criteria/penalties.) Mayor Loomis stated that the draft ordinance was a good ordinance and a lot of thought and detail went into its creation. He then thanked the HPC for all their hard work. ADJOURNMENT MOTION: A MOTION was made by Council Member Culver and SECONDED by Council Member Gillaspie to adjourn at 8:50 p.m. Motion carried, 5 — 0. (Council Member Dankwerth left the meeting at approximately 8:05 p.m.) Prepared by: Roxana Garrity, C M C Deputy Town Clerk DRAFT MINUTES JOINT STUDY SESSION ORO VALLEY TOWN COUNCIL AND WATER UTILITY COMMISSION APRIL 26, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE JOINT STUDY SESSION AT OR AFTER 5:30 p.m. CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Kenneth Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member (arrived at 6:30 p.m.) EXCUSED: Paula Abbott, Council Member WATER UTILITY COMMISSION: Mike Caporaso, Chair Gregg Forszt, Vice Chair Davie Powell, Member Harold Vaubel, Member 1) INTRODUCTIONS Mayor Loomis announced that this joint session was primarily to discuss the water y rates analysis report and the necessary steps needed in order to change water rates. 2) PRESENTATION ON WATER RATES ANALYSIS REPORT Water Utility Director Philip Saletta reviewed the Water Utility Commission recommendations for the water rates increase. He explained that several financial scenarios were evaluated based on review of the Utility's estimated cash reserves and revenue requirements, which included costs related to personnel, operations and maintenance, capital improvements and existing and future debt service. He gave a Power Pointp resentation of the "Summary of All Funds Debt Service Coverage Cash Reserves" and the following topics were identified and discussed: • Enterprise Fund. • AWRD Impact Fee Fund. • Development Impact Fee. 04/26/06 Town Council Joint Study Session 2 Minutes • Financial Considerations. • Financial Scenarios. • Consultant Review. • Preferred Financial Scenario Assumptions. • Preferred Financial Scenario. • Recommendations for Rates. • Impact to Customers. • Schedule. Mr. Saletta thanked staff, the Water Commission and the Red Oak Consultant for their participation in developing the water rates analysis report. The Commission has recommended the following changes for water rates, fees and charges for the Fiscal Year 2006 thru 2007: ► 5.0% percent increase in base rates and commodity rates for potable and reclaimed water rates. ► Increase the Groundwater Preservation Fee by $0.04 per 1,000 gallons for the potable and reclaimed water rates. ► Establish a Construction Water Rate equal to $4.76 per 1,000 gallons. ► Establish a "Time & Materials" rate for Hydrant Meter Relocation. ► Increase the existing Backflow Permit Fee from $35 to $50. ► Increase Construction Inspection Fees: $1,350 for 0-500 feet, $1.30 per foot thereafter. In addition staff reported that if the proposed rates are adopted, the average residential customer would experience a 5.8% increase which equates to $2.00 per month. The current charge for 10,000 gallons is $34.55 and would increase to $36.55. The 5.8% increase includes the proposed increase in water rates and the Groundwater Preservation Fee. On May 17, 2006, the Council will consider a Resolution to increase water rates, fees and charges. If the Resolution is adopted on May 17th, the new rates would become effective June 17, 2006. 3) DISCUSSION ON PROPOSED WATER RATES INCREASES Council identified and discussed the following issues: • What was the medium cost for residential use? • What was the percentage of high residential users? 04/26/06 Town Council Joint Study Session Minutes • The funding scenarios identified in Appendix "C" and "D" of the Water Utility 4111W Commission 2006 Annual Report. • Growth and the 400 new connections annually. • The impact of growth and impact fees and how impact fees would be used. p • The Alternative Water Resource Development (AWRD) Fund. • The strategy used to increase the water rates over a 5 year period. • Enterprise Funds. • Front loading the water rates to be higher in the first few years versus higher rates in the latter years. • Using a tier system for residential users. • C.A.P. Water. • Town Manager Chuck Sweet provided a brief history of the Town's water company and past water rate changes. Chair complimented Caporaso the subcommittee for doing an outstanding job in p setting the criteria and following the criteria that had been given to them as guidelines. He added that there had been a significant amount of analysis and discussion, but if Council so desired, the subcommittee could re-evaluate the criteria further if necessary. He expressed concern with the idea of having a tier pricing system because he felt it could create problems within lower income family households. Mayor Loomis stated that it would be good to have some numbers that would reflect 11101, the required cost adjustments necessary to increase the rates that meet the criteria for all 5Y ears. He suggested that these numbers be included in the council communication packet scheduled for distribution on May 17th. He reiterated the fact that the notice to the customers and the Notice of Intent would be identifying the fact that the Town was reviewing the rates. He explained that after the public hearing the rates would be fixed; and after the adoption of the resolution, the rate would become effective 30 days after the adoption. He thanked the Water Utility Commission for Y working so diligently in putting the budget together, creating the annual report and for g Y doing a great job. 4) DISCUSSION OF SCHEDULE a) Public Hearing for Proposed Water Rates Increase scheduled on May 17, 2006 at 7:00 p.m. at Council Chambers discussion regarding the meetingscheduled for May 17th, 2006. There was no g g ADJOURNMENT MOTION: A motion was made by Vice Mayor Parish to adjourn the meeting at 7:14 p.m. Council Member Dankwerth SECONDED the motion. Motion carried, 6-0. Prepared by, Linda Hersha, Office Specialist THE MINUTES FOR 5/1/06 WILL BE DELIVERED AS SOON AS POSSIBLE. THANK YOU ! ITEM "A" MAY 17TH COUNCIL MEETING ATTACHED PLEASE FIND THE MINUTES FOR THE MAY 1, 2006 BUDGET STUDY SESSION AND REVISED MINUTES FOR THE APRIL 26, 2006 JOINT STUDY SESSION WITH THE WATER UTILITY COMMISSION. THANK YOU! DRAFT MINUTES JOINT STUDY SESSION ORO VALLEY TOWN COUNCIL AND WATER UTILITY COMMISSION APRIL 26, 2006 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE JOINT STUDY SESSION AT OR AFTER 5:30 p.m. CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Terry Parish, Vice Mayor Kenneth Carter, Council Member Conny Culver, Council Member Helen Dankwerth, Council Member Barry Gillaspie, Council Member (arrived at 6:30 p.m.) EXCUSED: Paula Abbott, Council Member WATER UTILITY COMMISSION: Mike Caporaso, Chair Gregg Forszt, Vice Chair Dave Powell, Member Harold Vaubel, Member 1) INTRODUCTIONS Mayor Loomis announced that this joint session was primarily to discuss the water rates analysis report and the necessary steps needed in order to change water rates. 2) PRESENTATION ON WATER RATES ANALYSIS REPORT Water Utility Director Philip Saletta reviewed the Water Utility Commission recommendations for the water rates increase. He explained that several financial scenarios were evaluated based on review of the Utility's estimated cash reserves and revenue requirements, which included costs related to personnel, operations and maintenance, capital improvements and existing and future debt service. He gave a Power Point presentation of the "Summary of All Funds Debt Service Coverage Cash Reserves" and the following topics were identified and discussed: • Enterprise Fund. • AWRD Impact Fee Fund. • Development Impact Fee. 04/26/06 Town Council Joint Study Session 2 Minutes • Financial Considerations. • Financial Scenarios. • Consultant Review. • Preferred Financial Scenario Assumptions. • Preferred Financial Scenario. • Recommendations for Rates. • Impact to Customers. • Schedule. Mr. Saletta thanked staff, the Water Commission and the Red Oak Consultant for their participation in developing the water rates analysis report. The Commission has recommended the following changes for water rates, fees and charges for the Fiscal Year 2006 thru 2007: ► 5.0% p ercent increase in base rates and commodity rates for potable and reclaimed water rates. ► Increase the Groundwater Preservation Fee by $0.04 per 1,000 gallons for the potable and reclaimed water rates. ► Establish a Construction Water Rate equal to $4.76 per 1,000 gallons. • Establish a "Time & Materials" rate for Hydrant Meter Relocation. ► Increase the existing Backflow Permit Fee from $35 to $50. ► Increase Construction Inspection Fees: $1,350 for 0-500 feet, $1.30 per foot thereafter. In addition staff reported that if the proposed rates are adopted, the average residential customer would experience a 5.8% increase which equates to $2.00 per month. The current charge for 10,000 gallons is $34.55 and would increase to $36.55. The 5.8% increase includes the proposed increase in water rates and the Groundwater Preservation Fee. On May 17, 2006, the Council will consider a Resolution to increase water rates, fees and charges. If the Resolution is adopted on May 17th, the new rates would become effective June 17, 2006. 3) DISCUSSION ON PROPOSED WATER RATES INCREASES Council identified and discussed the following issues: • What was the median water use for re . 1tnpA . • What was thep ercentage of high residential users? 04/26/06 Town Council Joint Study Session 3 Minutes • The funding scenarios identified in Appendix "C" and "D" of the Water Utility Commission 2006 Annual Report. • Growth and the 400 new connections annually. • The impact of growth and impact fees and how impact fees would be used. • The Alternative Water Resource Development (AWRD) Fund. • The strategy used to increase the water rates over a 5 year period. • Enterprise Funds. • Front loading the water rates to be higher in the first few years versus higher rates in the latter ears. • Having additional' iers a conserva �o .w. r1 e • C.A.P. Water development .Ynoe t yet formally%• ♦ - - 1�y x yypA ate. preliminary cost estimate: �•.,: Council cannot exceed the proposed rate increases p, ..y it ��d in t p P Notice of 1,049pt. This will be verified by Legal a • Town Manager Chuck Sweet provided a brief history of the Town's water company and past water rate changes. Chair Caporaso complimented the subcommittee for doing an outstanding job in setting the criteria and following the criteria that had been given to them as guidelines. He added that there had been a significant amount of analysis and discussion, but if Council so desired, the subcommittee could re-evaluate the criteria further if necessary. He expressed concern with the idea of having a tier pricing system because he felt it could create problems within lower income family households. Mayor Loomis stated that it would be good to have some numbers that would reflect the required cost adjustments necessary to increase the rates that meet the criteria for all 5 years. He suggested that these numbers be included in the council communicationp acket scheduled for distribution on May 17th. He reiterated the fact that the notice to the customers and the Notice of Intent would be identifying the fact that the Town was reviewing the rates. He explained that after the public hearing the rates would be fixed; and after the adoption of the resolution, the rate would become effective 30 days after the adoption. He thanked the Water Utility Commission for working so diligently in putting the 5.r '1 R.j together, creating the annual report and for doing a great job. 4) DISCUSSION OF SCHEDULE a) Public Hearing for Proposed Water Rates Increase scheduled on May 17, 2006 at 7:00 p.m. at Council Chambers There was no discussion regarding the meeting scheduled for May 17th, 2006. g g ADJOURNMENT MOTION: A motion was made by Vice Mayor Parish to adjourn the meeting at 7:14 p.m. Council Member Dankwerth SECONDED the motion. Motion carried, 6-0. 04/26/06 Town Council Joint Study Session 4 Minutes Prepared by, 41Ib Linda Hersha, Office Specialist DRAFT MINUTES ORO VALLEY TOWN COUNCIL BUDGET STUDY SESSION MAY 1, 2006 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE STUDY SESSION: AT OR AFTER 5:30 p.m. CALL TO ORDER: 5:30 p.m. PRESENT: Paul Loomis, Mayor Paula Abbott, Council Member K. C. Carter, Council Member Conry Culver, Council Member Helen Dankwerth, Council Member EXCUSED: Terry Parish, Vice Mayor Barry Gillaspie, Council Member BUDGET & BOND COMMITTEE ADMINISTRATION LIAISONS: Lyra Done, Member Chuck Kill, Member STAFF PRESENT: Chuck Sweet, Town Manager David Andrews, Assistant Town Manager Stacey Lemos, Finance Director Wendy Gilden, Budget Analyst Melinda Garrahan, Town Attorney Kathryn Cuvelier, Town Clerk Kevin Verville, IT Administrator COUNCIL CANDIDATES:Don Cox Al Kunisch Kathy Pastryk 1. REVIEW OF TOWN MANAGER'S FY 2006/2007 RECOMMENDED BUDGET MEMORANDUM DATED APRIL 19, 2006 Town Manager Chuck Sweet reviewed his recommended budget of$103.7 million for FY 2006/2007 which is a $4.7 million or 4.7% increase from FY 2005/06. He explained that the 05/01/06 Minutes, Council Study Session 2 new formatbudgetdesigned of the is desi ed to address the Council's desire to streamline the budget review and ultimately focus more specifically on program budgeting. Mr. Sweet stated that there are some capital improvements. However, the primary focus of this year's recommended budget is to address the issue of providing market adjustments to the personnel of the Town's existing by getting the employees in the correct salary grade. He stated that this would help the Town to maintain the personnel we have and attract new employees to fill vacancies as they occur. Mr. Sweet entertained questions. Council Member DankwerthcomplimentedManager the Mana er and Finance Director for streamlining the budget format and making it "user friendly." Council Member Dankwerth asked the following questions: 1) Is it realistic to keep the personnel increases at zero this year? If we were able to come up with more money, possibly 2 positions could be hired this year. 2) Increase of 510 residential building permits over 05/06,which is 70 more building permits—what does that equate to? Finance Director Stacey Lemos stated that the revenue for 70 building permits would be an approximately$210,000. In answer to a question byCouncil Member Carter, Finance Director Stacey Lemos broke down pay adjustments3% the projected into 3 categories 1) COLA adjustment— (based on U of A forecast) effective across the board July 1, 2006; .4100, 2) Market adjustment for civilian employees: amounts derived come from the salary study conducted by the former HR Director in December 2005 comparing Oro Valley with 8 other comparable municipalities in Arizona. She explained that for those employees whose current salaries fall below the new minimums of the proposed pay scale, the Town Manager recommended those salaries be brought up to the minimum and beg iven a 4% market adjustment, if that differential was not already 4%. (In some cases,some employees will receive anywhere from a 4% to 15% increase based on bringing them upto the new minimum ranges). For those employees that their current salaries fall within the new proposed pay range, the Town Manager recommended they be given a market adjustment of 4% of the new pay ranges mid-point. She stated that there are some employees whose recommended pay grade did not change and, therefore, are currently being paid current market grades. Those employees are recommended to receive a 3% COLA, as well as a merit increase of up to 4% on their anniversary date. 3) Market adjustment for police employees: the police step plan was revised to be more competitive with the City of Tucson's pay scale, since we compete directly with the City of Tucson for those public safety positions. A new revised step plan was created and adjustments made for each of those individual steps in the pay plan, for each position. That applies to all dispatchers, records and property ID personnel and police commissioned positions, Sergeant and below. These adjustments range from 0%to 8% based on the step with an average of 4%. Mrs. Lemos explained that the merit and step increase applies to all positions town wide,based onp erformance. On an employee's anniversary date, they will be eligible to move up to the next 05/01/06 Minutes, Council Study Session 3 step in the police step plan or up to a 4% merit increase of their range and mid-point for civilian employees. Total cost to implement the entire competitive pay plan is $1.4 million. In answer to a question by Council Member Carter, Mrs. Lemos stated that the Arizona State Retirement System costs have been increasing every year. The Town's required contribution and match has been increasing because 1) a larger number of governmental employees are retiring andJ ro'ected to retire in the next several years, and 2) the fund's interest earned on their p investments took a dip after 9/11. Based on those factors, their actuarial studies are showing that they need to increase both employee and employer contributions so that they can fund their future obligations for those people that will be retiring. Council Member Abbott asked 1) how we compare with other municipalities with dental and life insurance percentage of coverage (100% employee/75% dependent), specifically how we compare with City of Tucson? 2) What percentage of employees will receive a market adjustment? 3) Referred to the 2003 Position Classification and FY 2004 Salary Plan. Town Manager Chuck Sweet explained that a compensation consultant presented this document in July 2003 and explained how the salary survey and job classifications were evaluated and changed at that time and how the market has significantly changed in many areas since that time. In answer to the first question by Council Member Abbott, Finance Director Stacey Lemos explained that all but 25 employees are proposed to receive a market adjustment. Mayor Loomis asked for the detail of the Market Adjustment Study prepared by the former HR Director. He acknowledged ed that Council received the Executive Summary, but he would like to have the detail including the benefits received by those 8 cities/towns we were compared to. Mr. Sweet stated that this detail will be distributed to the Council and he explained that the communities used in the Study were Apache Junction, Avondale, Gilbert, Goodyear, Marana, Paradise Valley, Peoria and Surprise. He explained that they looked at communities in a metropolitan urbanized area that most closely match Oro Valley in services and population. Mayor Loomis expressed concern with the recommendation of not hiring additional personnel thisear,because in meeting with employees, he heard about the need for additional resources. y He asked how the town can continue to grow and accept additional work without increasing our resources. Do we simply tread water this year? He stated he will be asking Department Heads if they plan to accomplish anything that is different from last year. He expressed concern with the spike in projected building permits and he asked what is changing? He asked to see some background numbers showing how well we have been forecasting projected growth. Mr. Sweet explained that projections are received by homebuilders telling us what is in their marketing plan for the upcoming year. Historically, when this information is received, it is oreduced discounted by 20/o. For instance, the projections came in at 639 permits and were by 20%. He referred to the Building Safety Monthly Report that Council receives every month that shows a comparison of the permits received each month with year to date. These projections are then cross checked with the Planning & Zoning Department to see if these numbers are realistic. 05/01/06 Minutes, Council Study Session 4 Mayor Loomis asked for a graph showing the last five years forecast against the number of permits issued. 2. REVIEW OF REVENUE PROJECTIONS Finance Director Stacey Lemos reviewed the projected revenues outlined on pages 1 —21 of the recommended budget for FY 2006/2007. 3. DISCUSSION OF DEPARTMENTAL PERSONNEL REQUESTS AND PROPOSED SALARY MARKET ADJUSTMENTS, COST OF LIVING ADJUSTMENTS AND STEP/MERIT INCREASES Finance Director Stacey Lemos distributed a hand-out showing the town wide personnel requests totaling 34.4 and the expenditures for those positions. She reviewed the departmental requests. The costs to fund these requests total $1,957,598. All positions with the exception of 1 Office Specialist in Building Safety and increase in hours for the part-time Office Assistant in the Clerk's Office were eliminated. 4. PROPOSED FUNDING FOR FY 2006/07 GENERAL FUND CAPITAL IMPROVEMENT PLAN (CIP) Mrs. Lemos distributed a hand-out showing the requested FY 2006/07 CIP Projects totaling $2,510,113. She reviewed the project descriptions, the assumption projects and stated that CIP Projects totaling $1,143,735 have been included in the Town Manager's recommended budget. In response to a question by Mayor Loomis, Mrs. Lemos stated that an additional CIP meeting will be held to discuss re-categorizing those CIP projects that are considered: 1) regular maintenance items 2) one-time projects and 3) super-size projects. Mayor Loomis called a recess at 6:40 p.m. Meeting resumed at 6:50 p.m. REVIEW OF ADMINISTRATION BUDGETS The Town Manager and Administrative Department Heads reviewed their proposed budgets for FY 2006/07: A. Town Council: • Revisit the Town Council Travel Policy by adding $3500 per Council member for travel and training expense. Some issues to be addressed in the Council Travel Policy will be discussed at a future study session. • Reduction in Citizen Corp Council expenditures due to focusing on individual preparedness rather than working on big projects. • Provide a COLA adjustment to coincide with the employee COLA effective July 1, 2006. • Include a salary adjustment for each Council member and concurrently reduce Travel expenses budgeted per Council member. 05/01/06 Minutes, Council Study Session 5 • Consider moving the Volunteer Recognition Dinner and requests for funds from outside organizations, such as Project Graduation, GOVAC, etc. out of the Town Council category. • Provide detail of$5,000 budgeted for Citizens Corps Council. B. Town Clerk: • Major accomplishment for next year: Improve public access to meeting minutes and public information by purchasing Granicus system to provide audio web-streaming of public meetings and improve efficiency of minute preparation. • Increase the part-time Office Assistant's hours by one hour per day. C. Town Manager: • Major accomplishment for next year: Revision of the Town's Strategic Plan. • The Departmental Strategic Plans will show their staffing needs and those needs will be incorporated into the Town's overall Strategic Plan. D. Human Resources: • Major accomplishment for next year: Implementing the Policy and Salary Changes. • Future projects - looking at the recommendations made during the Employee Focus Group meetings and revamping the Performance Appraisal Process. • Provide the growth in number of Town employees over the last 10 years vs. staff of Human Resources Department. • Provide the ratio of HR staff to employees from other jurisdictions and programs offered. E. Economic Development: • Major accomplishment for next year: Bring back to the Town Council an Economic Development Strategy and Guideline Policy that fits Oro Valley, Arizona. • New Economic Development Administrator David Welsh will begin his employment on May 15, 2006. • Provide a copy of the adopted Resolution (the Table) detailing percentage allocations for Bed Tax. • Paying $25,000 in FY 2005/06 and $25,000 in FY 2006/07 for TREO funding—pending additional Council discussion. Mayor Loomis called a recess at 8:00 p.m. Meeting resumed at 8:10 p.m. F. Finance: • Major accomplishment for next year: Implementing the Enterprise Resource Planning System (ERP) with the assistance of HR and IT and training of employees on this system. • Add to Finance Department goals "Provide timely forecasts and economic impact analysis of annexations." G. Information Technology/GIS Division: • Major accomplishment for next year: Implementing the Enterprise Resource Planning System (ERP) in conjunction with Finance and Hr Departments. • Newly revised website unveiled today; new permit search capability; email subscription service available. 05/01/06 Minutes, Council Study Session 6 Mayor Loomis mentioned that at a future budget session, the Council subcommittee report on the employee forums will be added. One item that will be discussed at that time will be resources needed and requested for FY 2006/07. Town Manager Chuck Sweet clarified for the record that his guidance is the Town Code and the Budget Policy that requires him to submit a balanced budget to the Mayor and Council. He stressed that each department's personnel requests are justified, truthful and ethical,but his dilemma is that the funding for the personnel requests doesn't fit the financial picture in front of the Town today. Council Member Dankwerth will bring back for consideration at a future Council meeting, the enactment of an Oro Valley Utility Tax H. General Administration: • The Procurement Analysis Project is close to being completed. Final documentation on that Study should be provided in mid-May 2006. • Breakdown of cell phone costs has not been provided due to lack of resources in researching and preparing this information. I. Municipal Debt Service: • The first billing for the Oracle Road Improvement District has been mailed. First payment will be due on July 1, 2006. ADJOURNMENT Council Member Culver MOVED to adjourn the study session at 8:45 p.m. MOTION SECONDED by Council Member Abbott. MOTION carried 5 —0. Prepared by: Kathryn E. Cuvelier, CMC Town Clerk pimmommmin Z r -4 c_n -I C� K (� -_IC� � cW' O = � � a, � o 0 0 0 Co o co CD a) � mm 73 70 B W CD r 0 `= m 303 3302 =, Z6 zi �' c� 0- m - rn 0N �' Dov cD -n �' — — 3 C7 3 Q° 3 o N -p 57", o00 . o cn -� ? °o rn 410 C7 rn n c� N Oo c11 n in 7), i 3 F a 0 Fri 0 U o a) U) -o * 3 CD3 , � c� � � -v --� (c a `< 0m 73 W 3 3 3 0 X 3 -D cat ii) n •=, ' o o a' a- o o cD 70 p n' 3 ET 3 cDir, = cD 0 21 CDCL Al �' O x 03 a Z 5 - ,,, — g D K 0) x 0 W co . W = L• G VI m p n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o0 0 Ow 0 0 VI w �, wwwwwGaww � � � o wwwN00 p U) 0 N w N N N N N N N N CO .� (o N ° 00 11 CO �l O w N O c0 00 w U1 rn U) -w S -p ° rn -'11 < if, Nt�1 O (Oei 3• � W Q1 -� i 0 -. C 73 C !!! tCOo o . Z -� O Gf O Qf G. 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(7, .4. k b _. �Q 'd TOWN OF ORO VALLEY •OUNCIL COMMUNICATION MEETING DATE: May 17th, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Chuck Kidwell, Transit Services Administrator SUBJECT: Resolution Number (R)06- 32 , Authorization of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration (FTA Grant AZ-90-X073) funds to purchase one (1) replacement van for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run. SUMMARY: The Intergovernmental Agreement before you this evening will facilitate the "pass-through" of Federal g Transit Administration (FTA) funds from the City of Tucson (the region's designated FTA recipient) to the Town of Oro Valley (sub recipient). The Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley is necessary to facilitate the purchase of one (1) replacement van for the Town of Oro Valley's Transit Service for Elderly and Disabled Residents — Coyote Run. Reimbursement for expenditures shall be 94.3% percent of the total eligible cost of$60,000. ursuant to federal legislation, the FTA designates only one "designated recipient" per Transportation Management Area. The City of Tucson is the "designated recipient" of FTA funds for our area. As part of being the ETA's "designated recipient", the City of Tucson is obligated to coordinate with all other eligible applicants within the Transportation Management Area. In our region, this coordination initially consists of entering into an Intergovernmental Agreement (IGA) between the City of Tucson and the Town of Oro Valley. This IGA is setting the expectations of both parties in regards to the submission, transmittal and management of FTA funds. PROJECT OVERVIEW: Since October 1996 the Town of Oro Valley has owned and operated a transit service for elderly and disabled residents — Coyote Run. Coyote Run currently has a fleet of nine (9) vehicles, providing approximately 65 -80 trips per day. Due to the long trip distances, vehicle miles traveled are excessive and the older vehicles need to be replaced. FISCAL IMPACT: Total eligible cost is $60,000. The Town of Oro Valley will be reimbursed 94.3% of the total, or $56,580. Therefore, the Town of Oro Valley's cost after reimbursement is approximately $3,420. Local matching funds in the amount of 5.7% or $3,420 will come from the Town's General Fund. i TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 ATTACHMENTS: 1) One (1) copy of Resolution Number (R)06- 32 , Authorization of the Execution of an IGA between the Town of Oro Valley and the City of Tucson to utilize Federal Transit Administration Funds 2) One (1) copy of the IGA between the City of Tucson and the Town of Oro Valley for the purpose of utilizing Federal Transit Administration (FTA) funds for the purchase of one (1) replacement van for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run, Exhibit A. Attachments A— D of the IGA contain federal procedures for the grant process and are on file in the Town Clerks office. RECOMMENDATIONS: It is the recommendation of the Transit Services Administrator to approve Resolution No. (R)06- , thus executing the Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration (FTA Grant AZ-90-X073) funds to purchase one (1) replacement van for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run. The proposed IGA has been reviewed by the Town Attorney's office and forwarded recommended approval. SUGGESTED MOTION: I move to approve Resolution No. (R)06- 32 Authorization of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration (FTA) funds to purchase one (1) replacement van for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run. OR I move to deny Resolution No. (R)06- 32 , Authorization of the Execution of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley to utilize Federal Transit Administration (FTA) funds to purchase one (1) replacement van for Oro Valley's Transit Service for Elderly and Disabled Residents - Coyote Run. ) /' I/ Transit Services P,dministrator ) ,,, ( , ,t— Pu• " Works Direc-• / I 41 ..iii ....Aar ' • I_I ITown Manager RESOLUTION NO. (R) 06- 32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON TO UTILIZE FEDERAL TRANSIT ADMINISTRATION FUNDS, VIA FTA GRANT AZ-90- X073. WHEREAS, pursuant to ARS § 11-952, the Town of Oro Valley is authorized to enter into and or renew an Intergovernmental Agreement for joint and cooperative action with City of Tucson to utilize funds for the replacement of one (1) "Coyote Run" van to support "Coyote Run"; and WHEREAS, pursuant to ARS § 9-511(A), the Town may engage in any business or enterprise which may be engaged in by persons by virtue of a franchise from the municipal corporation; and WHEREAS, pursuant to ARS § 9-500.11, the Town may appropriate and spend monies on activities that will assist in the creation or retention of jobs or will otherwise improve or enhance the economic welfare of the residents of the Town; and WHEREAS, pursuant to 49 U.S.C. 5309 and 49 U.S.C. 5312, formally known as the Federal Transit Act of 1964, as amended, the Federal Transit Administration makes financial aid available to municipalities and local units of government showing substantial effort toward the preservation, improvement, and operation of mass transit systems; and WHEREAS, pursuant to such federal regulation, the Federal Transit Administration designates only one "designated recipient" per Transportation Management Area, which in this area is the City of Tucson, and in turn the City is obligated to coordinate with all applicants of the grant monies; and WHEREAS, the Town applied for a Federal Transit Administration grant for capital assistance for the purchase / replacement of one (1) "Coyote Run" van," and WHEREAS, the Town will be reimbursed 94.3% of the total eligible cost for expenditures for the replacement of one (1) "Coyote Run" van, and provided this project is completed and the request for reimbursement is made within thirty (30) months of the grant award by the Federal Transit Administration; and WHEREAS, it has been determined that it is in the best interest of the Town and its residents to renew the Intergovernmental Agreement with the City of Tucson, for the utilization of Federal Transit Administration funds; and WHEREAS, the approval of the execution of the Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, will further this goal and is herebydetermined to be in furtherance of the public health, safety, and welfare of the residents of the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Arizona that the Inter overnmental Agreement, attached hereto as Exhibit "A" Valley, g andincorporatedby herein this reference, by and between the Town of Oro Valley, Arizona, and the Cityof Tucson, Arizona, to utilize Federal Transit Administration funds for the replacement of one (1) "Coyote Run" van. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized 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 17TH day of MAY , 2006. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney EXHIBIT A INTERGOVERNMENTAL AGREEMENT �1w.► Illir CITY Of *l1% ,4:,ti — i, ail f TUCSON CITY OF TUCSON, ARIZONA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY FOR FTA GRANT AZ-90-X073 This Grant Agreement (Agreement) made and entered into by and between the City of Tucson, Arizona, a municipal corporation, hereinafter referred to as "City" and the Town of Oro Valley, Arizona, a municipal corporation, hereinafter referred to as "Oro Valley". Recitals WHEREAS,the Mayor and Council of the City of Tucson are authorized and empowered by provisions of the Tucson Charter to execute Agreement; and to enter into Agreements with other entities within the Tucson Urbanized Area to provide transit related services; and, WHEREAS, the Town of Oro Valley is an Arizona Municipal Corporation; and WHEREAS, Chapter 53 of 49 United States Code (formerly the Federal Transit Act of 1964, as amended), makes financial aid available to municipalities and local units of government showing a substantial effort toward the preservation, improvement and operation of mass transit systems; and, WHEREAS, the Master Agreement (Attachment A) between City and the Federal Transit Administration governing the administration of vehicles purchased with federal assistance, incorporated here in by reference; and WHEREAS; City did apply for a Federal Transit Administration (FTA) grant for capital assistance from FTA under Grant AZ-90-X073; NOW THEREFORE, City and Oro Valley, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows. AGREEMENT 1. Scope of Services 1.1 Oro Valley shall have the financial capacity to purchase ADA compliant vehicles in accordance with all FTA regulations. 1.2 Oro Valley shall agree to the following when purchasing vehicles to be used for Oro Valley Shuttle Service (Coyote Run): A. Surface Transportation Program(STP) federal funding in the amount of$60,000 is being passed through City to Oro Valley. Oro Valley shall purchase one (1) new paratransit vehicle, which shall have a clean burning fuel gasoline engine. B. To be eligible for reimbursement, projects must be completed and reimbursement must be requested within thirty(30) months of the grant award by the Federal Transit Administration. Funding for uncompleted or unbilled projects shall be reassigned at the discretion of City as needed in order to close out the grant. This Agreement shall take effect and shall remain in effect until all funds are expended, but no more than 30 months from date of execution by the parties to this grant. C. Oro Valley shall follow all maintenance requirements listed in Attachment B, and in Contractor's Preventative Maintenance Plan for Rolling Stock (Attachment C). D. Oro Valley shall list City as lien holder on the title of the vehicle. E. Oro Valley shall include City as "additional insured" on Oro Valley's insurance policy for the vehicle. 2. Definitions Financial Capacity: To receive a grant under the Urbanized Area Formula Program, a grant applicant must certify that it has or will have the financial capacity to carry out the proposed program of projects. A recipient of FTA funds must be able to match and manage those funds,to cover cost overruns, to cover operating deficits through long-term stable and reliable sources of revenue, and to maintain and operate federally funded facilities and equipment. General Financial Condition: FTA Circular 7008.1. "FTA Financial Capacity Policy," refers to two aspects of financial capacity: One is the general financial condition of the public transportation operating enterprise. This includes historical trends and current experience in financial factors affecting the ability of the transit agency to operate and maintain the transit system at present levels of service. Financial Capability: The other aspect of financial capacity is financial capability, which addresses the sufficiency of the grant applicant's funding sources to meet future operating deficits and capital costs. Financial capability considers the nature of funds pledged to support operating deficits, capital programs, and forecasted changes in fare and non-fare revenues. 2 3. Obligations of City City will monitor Oro Valley compliance with, and performance under, the terms and conditions of this Agreement. City may make on-site visits to assure Agreement compliance monitoring at any time during Oro Valley normal business hours, announced or unannounced. For auditing purposes, Oro Valley shall make available for inspection and/or copying by City representatives, all records and accounts relating to the work performed or the services provided under this Agreement. 4. Obligations of Oro Valley 4.1 Oro Valley shall submit reports and statements or plans as required by City and/or the Federal Transit Administration. Quarterly reports are due and shall be submitted on or before the 15th of the month following the end of the quarter(i.e. October 15, January 15, April 15 and July 15) and annual reports are due and shall be submitted within ninety days after the end of the fiscal year (July/ — June 30). 4.2 Oro Valley shall permit the authorized representatives of City,the United States Department of Transportation, and/or the Controller General of the United States to inspect and audit all data and records relating to this Agreement. All required records shall be maintained for a minimum of three (3) years after the grant has been formally closed. 4.3 Oro Valley shall fully comply with the Disadvantaged Business Enterprise (DBE) Regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. Oro Valley shall fully comply with the FTA-approved goal and program submitted annually by the recipient on behalf of the region. Oro Valley shall arrange a meeting with the Civil Rights Officer of City and representative(s) of City Equal Opportunity Office to cooperatively determine DBE participation for all FTA assisted projects. The report showing compliance shall be forwarded to City for their records. 4.4 In performing the services for which federal funding is provided under this Agreement, Oro Valley agrees to comply with all laws, rules, regulations, standards, orders or directives (hereinafter"Laws") applicable to this Agreement;to the services provided pursuant to this Agreement; and to City as the designated recipient of FTA funding. The Laws referred to above include federal, state and local laws. 4.5 Oro Valley understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986 (IRCA) and agrees to comply with the IRCA in the performance of this Agreement. 4.6 Oro Valley agrees to establish and maintain, for the purchase of vehicles under this Agreement, either a separate set of accounts, or separate accounts within the framework of the established accounting system that can be identified with the purchase of vehicles, consistent with applicable federal regulations and other requirements that FTA may impose. 3 4.7 Oro Valley, in connection with any service or other activity under this Agreement, shall not in any way discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability,political affiliation or belief 4.8 If the total face value of this Agreement exceeds $100,000, Oro Valley agrees to comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970 as Amended (42 USC1857b, et.seq.)to the extent any are applicable by reason of performance of this Agreement. 4.9 Oro Valley shall assure that no federally appropriated funds have been paid or will be paid, by or on behalf of Oro Valley, to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress, officer or employee of Congress, or employee of a member of Congress in connection with the awarding of any Federal . Agreement, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or p modification of any federal agreement, grant, loan, or cooperative agreement. - 4.10 Oro Valley, as a subrecipient, agrees to follow the Master Agreement (Attachment A) which contains the Capital Assistance Protective Agreement. 4.11 Oro Valley agrees rees to follow the"Maintenance Requirements for Federally Funded Vehicles" (Attachment B), and the FTA Circular C4220.1E (Attachment D). 5. Mutual Obligation 5.1 Bothp arties warrant that no person has been employed or retained to solicit or secure this Agreement uponagreement or understanding for a commission, percentage, brokerage, gI" any or contingent fee and, further,that no member or delegate to Congress,the City Council or any employee of City or Oro Valley has any interest, financial or otherwise, in this Agreement. 5.2 Thearties acknowledge that federal funds are being used for the work, services and/or p g p operations provided under this Agreement. In that regard City, as the designated grant P recipient, obligatedaccept is toand comply with all of the terms and conditions set forth in the FTA Master Grant Agreement. In order for Oro Valley to receive funding under this Agreement with City, Oro Valley is required to similarly accept and comply with all such � y terms and conditions, and Oro Valley does hereby specifically agree to be bound thereby. The Master Grant Agreement in effect, dated October 1, 2005, and any subsequent revisions are, by this reference, incorporated herein and are attached hereto as Attachment A. The are arties responsible for complying with all of the terms and conditions of the p Master Grant Agreement applicable to them under this instant Agreement, and any subsequent revisions whether or not they are set forth in Attachment A. 4 6. Payment and Billing 6.1 Oro Valley shall pay 100% of vehicle purchase price. City, pursuant to FTA Grant AZ-90- X073, shall reimburse Oro Valley in an amount up to $60,000 within 21 days from receipt of invoice. Such reimbursement shall be conditioned upon evidence of Oro Valley's payment required ment of the matching funds of$3,627 or 5.7% of purchase price of vehicle if the vehicle is less than $60,000. Except as permitted otherwise by Federal Law, Oro Valley agrees a to provide sufficient funds or approved in-kind resources that,together with the federal financial assistance awarded, will assure payment of the actual cost of each vehicle covered by this Grant Agreement. Oro Valley agrees that no local share funds provided will be derived from receipts from the use of vehicles or equipment, revenues of the transit system in which such facilities or equipment are used, or other federal funds, as permitted t by law. No reimbursements shall be made unless all required reports have been submitted. To be eligible for reimbursement, projects must be completed and reimbursement must be requested within thirty (30) months of the grant award by the Federal Transit Administration. Funding for uncompleted or unbilled projects will be assigned at the discretion of City, as needed, to close out the grant. Any monies spent shall show full documentation, with invoices and signatures showing receipt of monies. 6.2 Oro Valleyshall submit reports and statements or plans as required by City or the FTA. Quarterly reports are due and shall be submitted on or before the 15� of the month followingthe end of the quarter (i.e. October 15, January 15, April 15 and July 15), and annual reports are due and shall be submitted within ninety (90) days (except NTD Report which shall be due within 150 days) after the end of the fiscal year (July 1-June 30). Drug and Alcohol Reports are due January 31 for the previous calendar year. REPORT FREQUENCY DESCRIPTION DBE Report Quarterly Utilization of Disadvantage Business Enterprise(DBE) Grant Status Report Quarterly Status of each project by grant number Fixed Assets Status Annually Inventory of all FTA funded assets Report Single Audit Report Annually Copy of federally required audit 7. Term and Termination 7.1 Conflicts of Interest: All parties hereto acknowledge that this Agreement is subject to cancellation by party art pursuant to the provisions of A.R.S. Section 38-511. Y 7.2 Oro Valley agrees that with any breach of the terms of this Agreement City reserves the an repossess right to properties purchased with FTA funds (including but not limited to gY vehicles purchased). 7.3 This Agreement shall be effective immediately after filing a copy hereof with the Office of the City Clerk 5 8. Indemnification 8.1 Mutual Indemnity.. To the fullest extent permitted by law, each party to this Agreement defend and hold the other party, its governing board or body, officers, shall indemnify, departments, employees and agents,harmless from and against any and all suits, actions, emp y g legal or administr tie proceedings,roceedin s, claims, demands, liens, losses, fines or penalties, a damages, liability, interest, attorney's, consultant's and accountant's fees or costs and of whatsoever kind and nature, resulting from or arising out of any act or expenses of the indemnifying party, its agents, employees or anyone acting underits omission fy g or control, whether intentional,negligent, grossly negligent, or amounting to a direction breach of agreement, in connection with or incident to the performance of this Agreement. i the other in writingwithin thirty(30) days of the receipt of 8.2 Notice. Each party shall notify emand suit or judgment against the receiving party for which the receiving any claim, d party intends to invprovisions the of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. 8.3 Negligence of indemnified party. The obligations under this Article shall not extend to the y g negligence of the indemnified party, its agents or employees. 8.4 Survival of termination This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. 9. Insurance art each partyshallprovide proof to the other of their worker's When requested by the other party,cident, property damage,e, and liability coverage or program of self- compensation, automobile, ac insurance. 10. Books and records: Each party shall keep and maintain proper and complete books, records and accounts,which p shall be open for inspection and auditduly byauthorized representatives of any other party at all reasonable times. 11. Construction of Agreement 11.1 Entire Agreement. This instrument constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings,s, oral or written, are hereby superseded and merged herein. gr 11.2 Amendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by both parties. 6 n truction and interpretation. All provisions of this Agreement shall be construed to be 11.3 Cos rp consistent with the intention of the parties as expressed in the recitals hereof. 11.4 Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 11.5 Severability. In the event that provision of this Agreement or the application thereof is any declared invalid or void bystatute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void pp i n or application, and to this extent the provisions of the Agreement are severable. proviso pp � � the parties In the event that anyprovision of this Agreement is declared invalid or void, agree to meet promptly upon request of the other party in an attempt to reach agreement on gr' p � Y a substitute provision. 12. Legal Jurisdiction. gr Nothing in this Grant Agreement shall be construed as either limiting or extending the legal jurisdiction of Oro Valley or City. 13. No Joint Venture. Agreement,is not intended bythis Grant A eement, and nothing contained in this Agreement shall be construed,to create any partnership,joint artnershi , venture or employment relationship between the parties or create anyemployer-employee relationship between Oro Valley and any City liable for or between Cityand any Oro Valley employees. Neither party shall be any employees, debts, accounts, obligations or other liabilities whatsoever of the other, including (without g the other party's obligation to withhold Social Security and income taxes for itself or limitation) p y g any of its employees. 14. Workers' Compensation party An employee oart f either shall be deemed to be an "employee" of both public agencies while performing pursuant to this Grant Agreement, for purposes of A.R.S. § 23-1022 and the Arizona g Compensation laws. The primary employer shall be solely liable for any worker's Workers' p compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following form: All employees are herebyfurther notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of anotherp agency ublic a enc pursuant to a Grant Agreement or Agreement, and under such circumstances they are deemed by the laws of Arizona to be employees of bothpublic agencies for the purposes of workers' compensation. 15. No Third Party Beneficiaries • Nothing in theprovisions of this Agreement is intended to create duties or obligations to, or No g �' . . to ' h in thirdparties not parties to this Agreement, or affect the legal liability of either party rights 7 the Agreement by imposing any standard of care with respect to the maintenance of streets and highways different from the standard of care imposed by law. 16. Compliance with Laws The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. 16.1 Anti-Discrimination. The provisions of A.R.S. §41-1463 and Executive Order 75-5, as amended by Executive Order 99-4, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Grant Agreement as if set forth in full herein. 16.2 Americans with Disabilities Act. This Agreement is subject to 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 36.5.1. City and Oro Valley agree to follow all regulations as set forth in the Americans with Disabilities Act of 1990, and to abide by the 1992 Metropolitan Tucson Americans with Disabilities Act Transportation Plan. 17. Waiver Waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 18. Force Majeure A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott,material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability,with all reasonable dispatch. 8 19. Notification All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: City of Tucson: with copies to: Kathleen Detrick James W. Glock P.E., Director City Clerk Department of Transportation City of Tucson City of Tucson P.O. Box 27210 P.O. Box 27210 Tucson, AZ 85726-7210 Tucson, AZ 85726-7210 and Jean Ann Fisher, Transit Services Coordinator Department of Transportation City of Tucson P.O. Box 27210 Tucson, AZ 85726-7210 Oro Valley: with copies to: Kathryn Cuvelier, Town Clerk Craig Civalier, Town Engineer Town of Oro Valley Town of Oro Valley 11000 N. La Canada 11000 N. La Canada. Oro Valley, AZ 85737 Oro Valley, AZ 85737 or such other address as either party shall designate by written notice to the other. 20. Remedies Eitherart may pursue any remedies provided by law for the breach of this Agreement. No p y right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 9 In Witness Whereof, Oro Valley has caused this Agreement to be executed by the Mayor, y upon resolution of the Mayor and Council and attested to by the Oro Valley Executive Director and City has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. ATTEST: CITY OF TUCSON: Kathleen S. Detrick, Tucson City Clerk Robert Walkup, Mayor ATTEST: ORO VALLEY: -. Kathryn Cuvelier, Town Clerk Paul Loomis, Mayor ATTORNEY CERTIFICATION Upon Execution by parties: Oro Valley Attorney Date Upon Execution by parties Tucson Attorney Date • T:\IGA's\Oro Valley\2006\AZ-90--X073 final 2-13-06.doc 10 TOWN OF ORO VALLEY :'OUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & COUNCIL MEMBERS FROM: Philip C. Saletta, P.E., Water Utility Director SUBJECT: Resolution No. (R) 06- 33 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona Approving the Agreement Between the Town of Oro Valley and Kai Farms for a Groundwater Savings Facility Project SUMMARY: In March 1997 the Town entered into an agreement with Kai Farms to recharge a portion of the Town's CAP water allocation. This agreement expired in March 2006. During the term of the agreement, the Town recharged a total of 19,802 acre feet (AF) of CAP water via Kai Farms Groundwater Savings Facility as permitted by the Arizona Department of Water Resources (ADWR). In return, the Town has received 18,811 AF of long term storage credits. This is a benefit to the Town because it enhances its water supply portfolio. The reduction in credits is due to a 5% "cut to the aquifer" required by ADWR. These credits are available for use in offsetting the annual costs assessed by the Central Arizona Groundwater Replenishment District (CAGRD) for pumping groundwater. This year, the Utility used long term storage credits in the amount of 532 AF which will save the Utility approximately$27,671 in CAGRD costs. 'urrently there are no facilities in place to treat and deliver CAP water to the Town or its customers; therefore, it is in the best interest of the Town to continue recharging a portion of its CAP water allocation in return for long term storage credits. The following are the significant changes to the proposed agreement: ➢ Two year renewal term ➢ Kai will pay the Town $12 per acre foot of CAP water provided by the Town ➢ Ability to recharge up to 4,000 acre feet per year ➢ If the Utility purchases CAP water for the $33 per acre foot at the excess water rate, the cost to Kai would be reduced to $7 per acre foot On April 10, 2006, the Oro Valley Water Utility Commission voted unanimously to recommend approval of the renewal of the Kai Farms Agreement. FISCAL IMPACT: The use of these long-term storage credits will reduce payments to CAGRD and thereyby save $25,000 to $40,000 annually. If the Utility continues to recharge 2,500 AF of CAP water via the Kai Farms Groundwater Savings Facility, the cost for FY 06-07 would be $215,000 of which Kai would reimburse the Utility $30,000. Should CAP water become available at $33 per acre foot, the Utility is proposing to recharge an additional 1,500 AF at a cost of$49,500 of which Kai would reimburse the Utility$10,500. fhe long-term storage credits will be used to reduce financial obligations due to CAGRD for groundwater pumping and will result in an overall cost savings to the the Town. The current obligation to CAGRD is $544,106 and will be reduced to $516,435 as a driect result of using these long-term groundwater storage credits in FY 2005-06. In following years this cost savings will increase depending on the amount of credits used. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 STAFF RECOMMENDATION: Staff recommends approval of the renewal of the Kai Farms Agreement. ATTACHMENTS: 1. Resolution No. (R) 06- 33 A Resolution of the Mayor and Council of the Town of Oro Valley, e Renewal of the Agreement Between the Town of Oro Valley and Kai Farms for a Arizona Approving th �' Groundwater Savings Facility Project. SUGGESTED MOTION: I move to approve Resolution No. (R) 06- 33 . OR I move to cS f A_,t � ci , it. , / ,,,, i l i 444_ e- _ W: ei i ili y Dire for 1 ,Town Manager • RESOLUTION NO. (R) 06- 33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA APPROVING THE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND KAI FARMS FOR A GROUNDWATER SAVINGS FACILITY PROJECT WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries; and WHEREAS, the Town is a party to a Central Arizona Project (CAP) subcontract with the Central Arizona Water Conservation District (CAWCD) and the U.S. Bureau of Reclamation to purchase CAP water according to an Arizona Department of Water Resources (ADWR) allocation and is pursuing additional sources of CAP water; and WHEREAS, at this time, there are no facilities to treat and deliver CAP water to the Town or to its customers; and WHEREAS, the Town desires to currently use all or part of its CAP water allocation to develop long term groundwater storage credits; and WHEREAS, Kai Farms possesses a Groundwater Savings Facility Permit from the ADWR, authorizing the storage of 11,231.42 acre feet of CAP water; and WHEREAS, Kai Farms desires to use CAP water for its irrigation needs in order to reduce its groundwater use; and WHEREAS, Kai Farms desires to purchase CAP water from the Town and the Town desires to sell Kai Farms such water under the terms and conditions of the Agreement to jointly develop a Groundwater Savings Project; and WHEREAS, approval of the Agreement, attached hereto as Exhibit "A" and incorporated herein by reference, is hereby determined to be in furtherance of the public health, safety and welfare of the customers of the Oro Valley Water Utility. C:\Documents and Settings\CACHESON\Local Settings\Temporary Internet Files\OLK17\tesolution Kat Farms Agreement Renewal May2006(2).doc Town of Oro Valley/ca/041806 NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that the Agreement between Kai Farms and the Town, attached hereto as Exhibit "A", is hereby approved. BE IT FURTHER RESOLVED, that the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to execute and implement said Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17TH day of MAY , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney C:\Documents and Settings\CACHESON\Loca1 Settings\Temporary Internet Files\OLK17\Resolution Kat Farms Agreement Renewal May2006(2).doc Town of Oro Valley/ca/041806 C:\Documents and Settings\CACHESON\Local Settings\Temporary Internet Files\OLK 171Resolution Kai Farms Agreement Renewal May2006(2).doc Town of Oro Valley/ca/041806 AGREEMENT between '"1401) TOWN OF ORO VALLEY and KAI FARMS FOR GROUNDWATER SAVINGS FACILITY PROJECT This Agreement is made this day of 2006 by and between the Town of Oro Valley (the "Town"), a municipal corporation, and Kai Farms ("Kai") to implement a Groundwater Savings Facility Project pursuant to A.R.S. §45-812.01 et seq. Recitals A. Kaip ossesses a Groundwater Savings Facility Permit from the Arizona Department of Water Resources (ADWR), authorizing the storage of 11,231.42 acre feet of Central Arizona Project (CAP) water. B. The Town is aart to a CAP subcontract with the Central Arizona Water Conservation p Y District (CAWCD) and the U.S. Bureau of Reclamation to purchase CAP water according to an ADWR Allocation and is pursuing additional sources of CAP water. C. At this time, there are no facilities to treat and deliver CAP water to the Town or to its customers. D. The Town desires to currently use all or a part of its CAP water allocation to develop long term groundwater storage credits. E. Kai desires to use CAP water for its irrigation needs in order to reduce its groundwater use, but does not have a contractual right to purchase CAP water from CAWCD. F. Kai desires to purchase CAP water from the Town and the Town desires to sell Kai such CAP water under the terms and conditions herein to jointly develop a Groundwater Savings Project. NOW, THEREFORE, for and in consideration of, the mutual covenants set forth herein the Town and Kai agree to the following terms and conditions: C:\Carol\KAI FARMS AGMT 042806(2)doc Town of Oro Valley Attorney's Office/ca/040406 Covenants 1. Definitions "ADWR" shall mean the Arizona Department of Water Resources. "CAP water" shall mean Central Arizona Project water that the Town has the legal right to purchase and use. "CAWCD" shall mean the Central Arizona Water Conservation District. "Town" shall mean the Town of Oro Valley. "Delivery" shall mean CAP water is available in the canal at the design elevation specified in Kai's pump station plans approved by CAWCD. "Facility Permit" shall mean Permit No. 72-558092 issued by ADWR to Kai to operate a Groundwater Savings Facility pursuant to A.R.S. §45-801.01 et seq. "Groundwater Savings Facility" shall mean a groundwater savings facility pursuant to A.R.S. Section §45-812.01. "In Lieu Water" shall mean CAP water as defined in A.R.S. §45-802.01(9) and delivered to Kai under this Agreement. "Lease" shall mean all leases for property containing storage, conveyance or any other appurtenance related to a groundwater savings project. "Water Storage Permit" shall mean the permit issued by ADWR to the Town for storage of in lieu water at the Groundwater Savings Facility pursuant to A.R.S. §45-801.01 et seq. "Long-term Storage Credits" shall mean those credits accrued by the Town's Account LTS No. 70-411160.0000 from water stored pursuant to this Agreement, as determined by the requirements of A.R.S. §45-852.01. 2. Obligations of Kai 2.1 Purpose of Use. Kai shall use the in lieu water delivered under this Agreement for agricultural irrigation to replace, on a gallon-for-gallon basis, pumped groundwater within the area designated on the Facility Permit. 2.2 Quantity of In Lieu Water. Pursuant to applicable facility and storage permits issued by the ADWR, Kai shall order up to 4000 but not less than 1500 acre feet of in lieu water during each calendar year during the term of this Agreement, provided, however that if Kai desires to order additional amounts, it may do so upon the mutual agreement of the Town. C:\Carol\KAI FARMS AGMT 042806(2).doc Town of Oro Valley Attorney's Office/ca/040406 2.3 Notice of Order. 2.3.1 Annual Ordering. On or before September 15 of each year, Kai shall submita preliminary order to the Town for in lieu water for the following year. The order shall indicate, bymonth, the number of acre feet to be delivered for the ensuing twelve (12) month period. 2.3.2 Monthl Orderin• and Re.ortin•. On the twentieth (20) day of each nth Kai shall submit to CAWCD its order for the amount of CAP water required by Kai for month the following month. Such order shall indicate the maximum rate at which Kai intends to divert water through the Kai turnouts and other information as may be required by CAWCD. Each the g water order shall be submitted on a Water Order and Billing form which will be provided by CAWCD. A copy of each monthly order shall be provided to the Town. 2.3.3 Weekly Water Schedule. For each month in which water is ordered, Kai shall notifyCAWCD and the Town of Kai's proposed weekly water schedule. Such notice shall be given to CAWCD and the Town by no later than the close of business on the Tuesday preceding the week for which the water is to be scheduled. 2.4 MonthlyMeter Reading. All water delivered from the water supply system shall g be metered with p eq ui ment furnished and installed by Kai and operated and maintained by Kai at Kai's sole expense in accordance with ADWR standards and requirements. The results of such metering shall be subject to monitoring and verification from time to time by the Town. -4660. 2.5 Permit Renewal. Kai shall renew Permit No. 72-558092 issued by ADWR to Kai to g operate a Groundwater Savings Facility on or before September 15, 2006, Kai's annual orderingdate in 2.3.1 above, since Permit No. 72-558092 expires on December 13, 2006, and historically Kai has not ordered water delivery in the winter months. 2.6 Points of Delivery. Kai shall take delivery of the in lieu water at such points along the CAP canal as may be agreed upon in writing by CAWCD and Kai. 2.7 Water Quality Standard. Kai shall be responsible for meeting all applicable federal, state, or local water quality standards for its use of the in lieu water and may decline to take delivery any in lieu water determined to be unsuitable for irrigation use under said Y standards. Water determined to be unsuitable for irrigation shall be included in calculating compliance with the minimum order requirement. 2.8 In Lieu Water Charge Per Acre Foot. Kai shall pay the Town $12.00 per acre foot g for in lieu water delivered during the term of this Agreement. In the event that Kai is unable to accept in lieu water delivered, Kai shall nonetheless pay the Town the cost of the Municipal and Industrial (M&I) Char e as set by the Central Arizona Water Conservation District for Delivery g Central Arizona Project water. C:\Carol\KAI FARMS AGMT 042806(2)doc Town of Oro Valley Attorney's Office/ca/040406 • 2.8.1 If the Town is able to purchase water from CAWCD for CAP water at the rate of$33.00 per acre foot, Kai shall be charged at the rate of$7.00 per acre foot for such in lieu water. 2.9 Delivery Systems and Other Costs. Kai shall be responsible for the design, construction, and costs of any necessary delivery systems required to be constructed on property owned or controlled by Kai to receive delivery of in lieu water under the terms of this Agreement. Kai shall be solely responsible for any costs arising out of the use of the in lieu water, the operation or maintenance of the delivery systems described in this paragraph or the construction, operation and maintenance any treatment system and/or other delivery system. 2.10 Maintaining Records, Reporting. Kai shall maintain all records and accounts of deliveries, storage and uses of the in lieu water under this Agreement. Kai shall provide the Town annually, all records, accounts, reports, and plans necessary for the Town to file any reports or other documentation required under the terms of its Storage Permit. Kai shall file all reports documentation required under the Facility Permit. Copies of all such records, accounts, reports, plans or other documents shall be made available to the Town. 2.11 Ineligible In Lieu Water. For any water ADWR determines was not used in lieu of groundwater, Kai shall reimburse the Town for any costs it incurred in causing ineligible in lieu water to be delivered to Kai. The parties to this agreement agree to be governed by any ADWR determination of storage credits and water rates for ineligible in lieu water delivered. 2.12 Interruptability of In Lieu Water Deliveries; Curtailments. Kai acknowledges the interruptible nature of the in lieu water supply to be furnished under this Agreement. The Town shall not be liable for any damages to Kai resulting from curtailment, interruptions, discontinuances, reduction in supply or undeliverable water that are beyond the control of the Town. 2.13 Interference with Contract. During the term of this Agreement, Kai shall not order or otherwise cause to be delivered any other in lieu water which shall adversely affect the Town's rights under this Agreement or otherwise act in any manner that is inconsistent with this Agreement or Kai's obligations under this Agreement. 3. Obligations of the Town of Oro Valley 3.1 Delivery of In Lieu Water. The Town shall provide up to 4000 acre feet but not less than 1500 acre foot of in lieu water to be delivered through the CAP aqueduct to Kai beginning March 3, 2006 for each year of the Agreement. The Town shall provide the assistance reasonably required to achieve delivery of in lieu water to Kai. By mutual agreement, the Parties may agree to the delivery of additional amounts if in lieu water under the terms and conditions herein. 3.2 Quality of In Lieu Water. Town makes no representations or warranties as to the quality of any in lieu water delivered hereunder and is under no obligation to construct or furnish C:\Carol\KAI FARMS AGMT 042806(2).doc Town of Oro Valley Attorney's Office/ca/040406 water treatment facilities to maintain or improve the quality of any in lieu water delivered pursuant to this Agreement. g 3.3 Billing. The Town shall issue an invoice to Kai monthly for the in lieu water delivered under this Agreement. The invoice will be for the actual amount of CAP water delivered to Kai preceding turnoutsduringthe month as metered pursuant to paragraph 2.4 above and reported to CAW CD. The amount invoiced shall be paid within thirty (30) days from the date of the bill. Late payments shall incur interest at the rate of (a) 12% per annum from and after the date of delinquency any such payment, or (b) four percent 4% over Bank of p Y America's then applicable prime interest rate, whichever is lower. 3.4 Accounting.. At the close of each calendar year during the term of this Agreement, the Town shaprepare are an accounting of all water ordered and delivered to and all p water service charges paid byKai under this Agreement. Kai shall pay the Town within ten (10) days of receipt of an said accountingamounts due pursuant to this Agreement. Upon the Y Agreement, the Town shall prepare a final accounting of all water ordered and termination of this paid and allcharges water service by Kai under this Agreement. Kai shall pay the Town within ten (10) da s of receipt of said accounting any amounts due under this Agreement. Y The Town shall refund any overpayments made by Kai. 3.5 Accrual of Credits. Pursuant to a water storage permit, the Town shall accrue g stored water credits in Storage Account LTS No. 70-411160.0000 with ADWR for in lieu water delivered to Kai and mayuse them at its sole discretion. In the event that Kai entered into agreements with otherpersons ersons to store in lieu water at the same Groundwater Savings Facility, the in lieu water delivered pursuant to this Agreement shall be deemed to have been delivered and stored in the same order of priority and sequence as the execution of this Agreement as compared toother agreements entered into by Kai and other third parties. p any 3.6 Determination of Credits. If ADWR makes the final determination that all or a portion of the in lieu water delivered to Kai was not used in lieu of groundwater, thus reducing the volume of stored water credits accrued bythe Town, then Kai shall reimburse the Town for any costs it has incurred in acquiring CAP water for delivery to Kai. 3.7 Recovery of Credits. Pursuant to the terms of this section, the Town may recover its stored water credits from anylocation and at any time as may be permitted by ADWR; however, that such credits shall not be recovered d from any lands controlled by Kai without the approval of Kai, and under such terms and conditions as may be mutually agreed to hereafter. 4. Term and Termination g 4.1 Term. This Agreement shall become effective on the first date written above and operative for a term of two (2) years, unless terminated earlier, as provided by this shall be p Agreement. This Agreement shall be renewable upon ninety (90) days written notice of either Agreem. g art with written acceptance bythe other party within 30 days of such written notice. Failure party, p Town of Oro Valley Attorney's Office/ea/040406C:\Carol\KAI FARMS AGMT 042806(2)doe of either party to provide written notice to renew and/or acceptance under the terms of this section shall result in the automatic termination of this Agreement. 4.2 Town's Termination Right. 4.2.1 In the even that the Town cannot secure in lieu water or it is impracticable or not feasible due to regulatory or financial reasons, the Town may terminate the Agreement without further obligation or consequence upon written notice to Kai with thirty (30) days notice. 4.2.2 In the event that the Town fails to obtain an equivalent amount of long term storage credits for the in lieu water stored at the Groundwater Savings Facility during any given year, the Town may elect to rescind this Agreement upon written notice to Kai with thirty (30) days notice. In such event, Kai shall reimburse the Town for any and all costs the Town incurred in meeting its obligations under the terms of this Agreement. 4.3 Kai's Termination Right. In the event that Kai is unable to utilize in lieu water due to regulatory changes, financial reasons associated with crops, unsuitability of water for irrigation, weather conditions, acts of nature or God, flooding, crop failure or other natural disaster, Kai may terminate this Agreement without further obligation or consequence upon thirty (30) days written notice to the Town, provided that Kai pays for all in lieu water ordered under the Agreement. 4.4 Insolvency or Bankruptcy. Notwithstanding any of the above, this Agreement shall automatically terminate in the event that Kai becomes insolvent or initiates bankruptcy proceedings, loses it Facility Permit or fails to meet its operating or groundwater savings plan. 4.5 Conflict of interest ARS § 38-511. This agreement may be terminated by the Town for conflict of interest in accordance with Arizona Revised Statute § 38-511. 5. Assignment 5.1 Assignment by Town. Town may assign all or a portion of its obligations and rights under this Agreement to any successors or assigns without prior written consent of Kai, provided that each such successor in interest or assignee is bound by each and every term and condition of this Agreement applicable to the Town. 5.2 Assignment of Stored Water Credits. Town, in its sole discretion, may assign its stored water credits without prior consent of Kai. 5.3 Assignment by Kai. Kai may not assign all or a portion of its rights and obligations under this Agreement to any successors or assigns without the prior written consent of the Town and the Town shall not unreasonably withhold its consent. Further, Kai shall not sell or transfer the in lieu water delivered by the Town under this Agreement to others or allow the use by others of the in lieu water outside the areas included in the Groundwater Savings Facility permit without prior written consent of the Town. Kai may sell, transfer or allow others 11,160, C:\Carol\KAI FARMS AGMT 042806(2).doc Town of Oro Valley Attorney's Office/ca/040406 to use the in lieu water within the area included in the Groundwater Savings Facility permit in compliance with Arizona law and all promulgated ADWR rules and regulations. 6. Transfer of Property 6.1 Kai acknowledges and agrees that all leases, sales and other disposal or transfer of ownership or control ofproperty the ro shall be made expressly subject to this Agreement, shall y incorporate this Agreement byreference, and shall make all successors and assigns expressly this Agreement. Kai shall provide written notice to the Town immediately upon any subject to g transfer of ownership or control of property, whether voluntary or involuntary. 7. Indemnification 7.1 Kai shall hold the United States, CAWCD, and the Town harmless for any of damage of anynature whatsoever for which there is legal responsibility, damage or claim g including property damage,e, pJ ersonal injury,, or death arising out of or connected with Ka is control, carriage,e, handling, use, disposal, or distribution of in lieu water delivered pursuant to p this Agreement. 8. Notices q Any notice, demand or request authorized or required by this Agreement shall be in be served bycertified mail upon the other party. When served by certified mail writing and shall p service shall be conclusivelydeemed made five (5) days after posting thereof in the United States mail, postage prepaid, addressed to the party to whom such notice is to be given as hereinafter provided. If to the Town: Philip C. Saletta, P.E. Water Utility Director Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, Arizona 85737 Cc: Melinda Garrahan Town Attorney Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, Arizona 85737 If to Kai: Herb Kai President Kai Farms Town of Oro Valley Attorney's Office/ca/040406 C:\Carol\KAI FARMS AGMT 042806(2).doc P.O. Box 550 Marana, AZ 85653 KAI FARMS Herb Kai, President State of Arizona ) ) ss County of Pima ) On , 2006, Herb Kai, known to me to be the person whose name is subscribed to the within instrument, personally appeared before me and acknowledged that he/she executed the same for the purposes contained. Given under my hand and seal on , 2006. Notary Public My Commission expires: TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Town Clerk Melinda Garrahan, Town Attorney C:\Carol\KAI FARMS AGMT 042806(2).doc Town of Oro Valley Attorney's Office/ca/040406 NO EY q6/ 6) O� r 7 TOWN OF ORO VALLEY 1 LEGAL DEPARTMENT '4 1r 11000 N. LA CANADA DRIVE 4 ,J. ORO VALLEY,ARIZONA 85737 •,t f. Y ., 26, (520)229-4760 Fax(520)229-4774 jk , ,' www.townoforovalley.com °UNDEO 19 To: Philip Saletta, Water Utility Director From: Joseph Andrews, Chief Civil Deputy Town Attorney Date: May 2, 2006 Re: KAI Farms Agreement and Resolution Review of the Resolution and KAI Farms Agreement has been completed, approved as to form and returned to you this date. Y JA/ca Attachments TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Philip C. Saletta, P.E. Water Utility ty Director SUBJECT: Resolution No. (R) 06- 34 A Resolution _ of the Mayor and Council of the Town of Oro Valley, Arizona Acknowledging and Authorizinga Technical Assistance Grant from the Water Infrastructure Finance Authority of Arizona for Design ofthe Oro Valley Water Utility Phase 2 Reclaimed Water System Project SUMMARY: Water Utility staff has learned that the Water Infrastructure Finance Authority of Arizona (WIFA) offers technical assistance grants for design of certain projects. These ' grants range in amounts from $5,000 up to $35,000. A requisite for funding is a resolution adopted by the governing body of the applicant that acknowledges and authorizes the application for technical assistance. p The grants must be accompanied by other funding sources of the applicant. Alla applications forgrants are pp evaluated and ranked with funding provided based on the outcome. On February 22, 2006 the Town Council awarded a contract to Brown and Caldwell to design the second phase Of the reclaimed water system. The Oro ValleyWater Utility filed ty an application for a WIFA technical assistance grant for this design work on April 19, 2006. If awarded theant it is anticipated gr the funds would be received in FY 2006-07. FISCAL IMPACT: If WIFA awards grant funds for technical assistance, this would fund a portion of the design costs for the second phase of the reclaimed water system which would save the Town money. STAFF RECOMMENDATIONS: Staff respectfully recommends approval of Resolution olution No. (R) 06- 34 . ATTACHMENTS: 1. Resolution No. (R) 06- 34 2. Oro Valley Water Utility's Application for a Technical Assistance Grant SUGGESTED MOTION: I move to approve Resolution No. (R) 06-34 . Or I move to � � lel dl---- : t1 iL , ( -ate till ' it=ct%r fA_,-...t 44," , 151------ Town Manager • RESOLUTION NO. (R) 06- 34 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF pRQ VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE WATER UTILITY DEPARTMENT OF THE TOWN OF ORO VALLEY TO APPLY FOR A TECHNICAL ASSISTANCE GRANT FROM THE WATER INFRASTRUCTURE FINANCE AUTHORITY (WIFA) FOR THE DESIGN OF THE ORO VALLEY WATER UTILITY PHASE 2 RECLAIMED WATER SYSTEM PROJECT political subdivision of the State of Arizona vested WHEREAS, the Town of Oro Valley is a with all associated rights, privileges and benefits and is entitled to the immunities and municipalities 'tical subdivision under the Constitution and laws of exemptions granted and poll the State of Arizona and the United States; and et seq., the Town has the requisite statutory authority to WHEREAS, pursuant to ARS 9 511, acquire, own and maintain a water utility ilit for the benefit of the landowners within and without the Town's corporate boundaries; and WHEREAS, the Town Council approved a contract on February 22, 2006 for the design of the Oro Valley Water UtilityPhase 2 Reclaimed Water System Project; and Authority The Water Infrastructure Finance of Arizona (WIFA) is an independent14110/ authorized to finance the construction, rehabilitation and/or agency of the State of Arizona and is improvement of drinkingwater, wastewater, wastewater reclamation, and other water quality facilities/projects; and • assistance, the project must be on either the WHEREAS, to be considered for WIFA financial p the Drinking Water Revolving Fund (CWRF) or Water Revolving Fund (DWRF) Priority list; and WHEREAS, the Oro Valley Water UtilityPhase 2 Reclaimed Water System Project is on the CWRF Priority 1 list; and WHEREAS, the maximum CWRF and DWRF technical assistance grants are approximately $35,000; and assistance grant, the Town would be required to make a WHEREAS, if approved a technical between 25 —75 percent based on local fiscal capacity; and contribution, generally ' ' to apply for a technical assistance grant with WIFA; and WHEREAS, the Water Utility desires pp y WHEREAS, if WIFA granted the application submitted by the Water Utility Department, the amount granted would be approximately $35,000.00; and v1110 C:\Documents and Senings\sseng\Local Settings\Temporary Internet Files\OLK4\Resolution for WIFA Grant.doc Town of Oro Valley Attorney's Office/ca/042406 WHEREAS, it is in the best interest of the Town of Oro Valley to file an application for a Technical Assistance grant with WIFA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Mayor and Council authorize and approve the Water Utility Department to apply for a Technical Assistance grant with the Water Infrastructure Finance Authority of Arizona. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to fulfill the obligations related to receiving a Technical Assistant grant from the Water Infrastructure Finance Authority of Arizona. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 17m day of MAY , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney Date: Date: • C:\Documcnts and Settings\sseng\Local Settings\Temporary Internet Files\OLK4\Resolution for WIFA Grant.doc Town of Oro Valley Attorney's Oftice/ca/042406 s (� Water Infrastructure Finance Authorityof Arizona (WIFA) Project Technical Assistance Master Priority List Application Page 1 of 4 (Use Separate Application for Each Project) arl'ilMeiPrAV ..,{.Z.i:414 Att 4 WO A on y SECTION 1: APPLICANT INFORIMATION 1.0 Applicant: Town of Oro Valley 1.1 Contact: Philip Saletta, Water Utility Director David Ruiz, Project Manager 1.2 Address: 11000 N. La Canada Drive, Oro Valley, AZ 85737 1.3 Phone #: P.Saletta (520) 229-5010 D.Ruiz (520) 229-5023 1.4 FAX#: (520) 229-5029 1.5 E-mail Address: psaletta@orovalley.net druiz@orovalley.net 1.6 County in Which Project is Located: Pima County 1.7 Number of Connections to the System: 17,0 81 1.8 Population Served by the System: 47,000 approximately 1.9 Average Monthly User Fees (base&use) for an Average Residential User: $3 4.5 5 1.10 Total Debt (Principal Only) Payable by System Users: $ 78,096,966 (includes WIFA request)q ) 1.11 Estimated or Actual Median Household Income: $61,0 3 7 1.12 ADEQ System Identification Number: 10-164 and 10-175 potable systems 1.13 Prior Year WIFA Funding(grant or loan): on priority list for 2006 SECTION 2: PROPOSED PROJECT DESCRIPTION 2.0 Project Funding Assistance is for (check one): Wastewater Project(CW) ❑ Drinking Water Project (DW) 2.1 Is the proposed project for Pre-Design activities, i.e. system evaluation, feasibility study, district formation, etc., or Design activities, i.e. engineering plans and specifications, value engineering, etc. LI Pre-Design El Design g 2.2 Project Title/Name: Reclaimed Water System Phase 2 Water Infrastructure Finance Authority of Arizona- 1110 W.Washington,Suite 290 Phoenix,Arizona 85007 Phone:(602)364-1310 -Toll Free: (877)298-0425-FAX: (602)364-1327 • Water Infrastructure Finance Authority of Arizona (WIFA) Project Technical Assistance Master Priority List Application Page 2 of 4 (Use Separate Application for Each Project) c � • w^ • .�'^` (� rY'�s�. a�3.�yf^k} ♦ {Y'F ' ■Lj'��z T� �.f"j 2� s, ° Caiollt �' ° ...� 2.3 Briefly summarize the reason for the proposed project and/or attach a summary: (Include descriptions of the benefit achieved from the proposed project;how the proposed project will contribute towards the overall goal of resolving the issues of the system; the next envisioned/planned steps after the proposed project is completed;and the existing facilities, including current conditions initiating the proposed project) See attached. • Sections 2.4-2.6 are specific to project type. If TA is for a Drinking Water system,then skip to the next page. Wastewater Projects 2.4 Project Description(Check appropriate Project Category(ies)and Project Type within the Project Category): X Facility Upgrade (Check Project Type) o Collection Lines(Check Project Type) o Meet More Stringent Standards o Extend Service to Unsewered Area with o Relieve Existing Design Inadequacies Documented Water Quality Problem o Resolve Existing O/M Violations o Rehabilitate or Replace Existing Lines X Expand existing reclaimed system o Extend Service to Unsewered Area o Expand Treatment Capacity(Check Project Type) o Replace Lines for Exis ting Growth o Existing Service Area o Replace Lines for Future Growth o Unsewered Area Outside Service Area • o Future Growth o Additional Disposal Capacity 2.5 Reclaim, Reuse & Recharge: a. Will the project reclaim,reuse,or recharge of the wastewater? XX Yes o No b. If above is"Yes,"include the Aquifer Protection Permit#or Application Date: p-100147 c. Will the project recycle wastewater constituents? o Yes xx No d. If above is"Yes,"include Reuse Permit#or Application Date: e. Indicate intended Class,and use of reclaimed water: Class A for irrigation of turf at schools, 2.6 Facility will Discharge to (Check appropriate box): parks and golf courses. o Surface Water Discharge Name/Location: o Groundwater/Aquifer Discharge Name/Location: gx Other Use(including reclaiming and reusing;summarize on attachment) to be used for turf irrigation. 2.7 Consolidation and Regionalization (Check appropriate boxes): N/A o Consolidate Existing Physical Facilities o Consolidate Existing Service Areas O Consolidate Existing Operations o Consolidate Existing Ownerships 2.8 System Compliance: N/A o Notice of Violations and/or Consent Orders fromregulatory agency o ADEQ o Other: Water Infrastructure Finance Authority of Arizona• 1110 W.Washington,Suite 290-Phoenix,Arizona 85007 Phone: (602)364-1310 •Toll Free: (877)298-0425 -FAX: (602)364-1327 • • Water Infrastructure Finance Authority of Arizona (WIFA) J Project Technical Assistance Master Priority List Application . _ Page 3 of 4(Use Separate Application for Each Project) i, t� .y � s-e.i=r X jye.,a= t ,� r,ani, y'-s,�{'�¢��.v�..� a =�i'.'_n s� • �f�'�7 ��wl;'7 3.'�e�S� � .T` �4g�A7A'�v>�r�'� '�`Ys:� r �e'�7 f,;�tl�`�" '(�' P� 4„4'�Ra�f�y �YINkr� .f)a.•ais7�%SQA'�+.cCYS.s4acw:na.VG�r.w."�t�4e+ci[�' �'.11� .. " �w.w...2n:sM...3Cw.1�:.6acZ-xr+li�7G.rifwxa:eYlJLYL Drinking Water Projects 2.4 Project Description, Facilities (Check appropriate boxes): Repair Rehab Upgrade Replace Expand Well or Spring Box Storage Distribution&Booster Pumps Treatment&Disinfection Other: 2.5 Secure a New Water Source (Check appropriate box): o Ground Water o Surface Water o Ground Water under Direct Surface Influence 2.6 Water System Improvement: o Addresses Deficiencies Identified by ADEQ's Master Priority List o Submitted a Complete Capacity Development Plan to ADEQ o Project includes Installing Meters to Monitor Water Use 2.7 Consolidation and Regionalization (Check appropriate boxes): o Consolidate Existing Physical Facilities o Consolidate Existing Service Areas o Consolidate Existing Operations o Consolidate Existing Ownerships 2.8 System Compliance: o Notice of Violations and/or Consent Orders from regulatory agency o ADEQ o Other: 2.9 Which of the following will be used for the proposed project? LII Consultant/Contractor selected by WIFA (at the applicant's request, WIFA will select a consultant/contractor to assist the applicant with the proposed project) El Consultant/Contractor selected by applicant (please list) Town Council awarded contract on February 22, 2006 to: Brown and Caldwell 110 S. Church Ave. Suite 2300 Tucson, AZ= 85701 Water Infrastructure Finance Authority of Arizona• 1110 W.Washington,Suite 290-Phoenix,Arizona 85007 Phone:(602)364-1310 •Toll Free: (877)298-0425-FAX: (602)364-1327 s ' Water Infrastructure Finance Authorityof Arizona (WIFA) Project Technical Assistance Master Priority List Application Page 4 of 4 (Use Separate Application for Each Project) Application#TA_W -___-2006 (WIFA use only) SECTION 3: AMOUNT OF PROJECT TECHNICAL ASSISTANCE 3.1 Estimated Technical Assistance Costs & Funding Sources(Pre-Design/Design Costs Only) Estimated Technical Amount Requested from Amount Funded Amount Funded Assistance Costs WIFA Locally by System from Other Sources $ 441,050 = $ 35,000 + $ 406,050 + $ 0 List Names of Other Funding Sources: 3.2 Technical Assistance Grants must include an applicant's contribution. The contribution can include cash contributions, in-kind contributions, and contributions financed by grants, loans or debt from any source including a loan from WIFA. Indicate the applicant's contribution: $406,050 3.3 Estimated Date WIFA Funding Required: July 2006 SECTION 4: CERTIFICATION&APPROVAL 4.1 WIFA requires the governing body of the applicant requesting Project Technical Assistance to adopt a resolution acknowledging and authorizing the request for assistance. Attach a copy of the resolution or indicate the scheduled date for adopting the resolution. Anticipate resolution to be adopted p p on May 17, 2006. 4.2 As the Authorized Representative, I certify that the information contained in this application is, to the best of my knowledge, true, accurate, and correct. Authorized Representative Name: Philip C. Saletta, P.E. Authorized Signature: _ -� Date: April 19, 2006 Authorized Representative Title: Water Utility Director Water Infrastructure Finance Authority of Arizona- 1110 W.Washington,Suite 290-Phoenix,Arizona 85007 Phone:(602)364-1310 -Toll Free: (877)298-0425-FAX: (602)364-1327 WIFA Project Technical Assistance Master Priority List Application Town of Oro Valley 11000 N. La Canada Dr. Oro Valley, AZ 85737 Section 2: Project Description 2.3 Briefly summarize the reason for the proposed project and/or attach a summary: • The Town of Oro Valley currently provides water service to 3 schools, 2 large community parks, roadway medians, subdivision parks, entry features and 6 golf courses. Irrigation of these areas equals 33% of the Town's total water demand. All but 3 golf courses are still receiving potable water for irrigation. Phase 1 of our reclaimed water system began delivering reclaimed water to 3 golf courses in October and November of 2005. Phase 2 of the reclaimed water system will deliver reclaimed water to the remaining golf courses, schools and parks and some of the roadway medians and entry features. With groundwater levels continuing to decline, the Town's goal is to use reclaimed water for as many non- potable uses as feasible and preserve groundwater supplies for domestic purposes. Phase 2 of the reclaimed water system will save approximately 900 acre feet per year of groundwater. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: MAY 17, 2006 TO: HONORABLE MAYOR&COUNCIL FROM: Philip C. Saletta,P.E.,Water Utility Director SUBJECT: RESOLUTION (R) 06- 35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE TOWN OF MARANA, THE FLOWING WELLS IRRIGATION DISTRICT, THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT AND THE TOWN OF ORO VALLEY, TO COOPERATE IN PLANNING FOR THE DEVELOPMENT OF RENEWABLE WATER RESOURCES SUMMARY: Cooperation with other local water providers will facilitate the development of renewable water resources and specifically future delivery of Central Arizona Project(CAP) Water to the Town of Oro Valley. Oro Valley Water Utility, Flowing Wells Irrigation District,the Town of Marana and the Metropolitan Domestic Water Improvement District have been working together to develop a Memorandum of Understanding(MOU) to P develop future renewable water supplies,including CAP Water. This MOU will set forth the concepts of 4110i cooperative planning to treat and deliver CAP Water. This MOU is the first step toward this cooperative approach and will serve as the guiding document to plan and study various alternatives for CAP water delivery. These studies will include analyses of the technical, environmental, financial,institutional,political and administrative issues pertaining to the development of renewable water resources. The MOU is the first step and is not a final document for the development of an organization for developing a northwest regional water system. After planning studies are complete each organization can then evaluate their needs and level of participation in any future organization that is formed. This could be accomplished through a more formal Intergovernmental Agreement or other suitable document. The MOU also provides for cooperation with other water users that are not signatories to the MOU. In addition, there will be a public process developed that will involve our citizens and customers. Cost sharing of the planning studies will be agreed upon prior to entering into any specific study and subject to approval that may be required by the respective governing bodies. The amount may vary by entity depending upon the nature of the study and the benefits to each of the participants. A major benefit of this MOU is to show our individual interest and cooperative efforts to develop our CAP Water under our subcontracts with the Central Arizona Water Conservation District.Planning for a future CAP Water delivery is complex and will require commitment of the NW Water Providers through the support of their respective councils, commissions and boards.Approval of this MOU is the first step toward making that commitment to assure a reliable water supply. • TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 FISCAL IMPACT: The adoption of Resolution No. (R) 06- � will require funding of future planning studies under the MOU. Funds are requested in theg FY 06-07 Budget in the amount of$100,000 for these and other planning studies related to Water Resource Planning. STAFF RECOMMENDATIONS: unanimously approved a motion to recommend to Town Council to approve this The Water Utility Commission unan y NW Water Providers MOU on April 10, 2006. Staff also recommends approving this Resolution to execute the MOU. ATTACHMENTS: 1. Resolution No. (R) 06- 35 of UnderstandingBetween FlowingWells,The Town of Marana, Metro and Oro Valley 2. Memorandum SUGGESTED MOTION: . . Resolution No. 06- 35 A Resolution of The Town of Oro Valley,Arizona, Authorizing I move to approve (R) of A Memorandum of Understanding(MOU) Between The Town of Marana,The and Approving the Execution Flowing Wells Irrigatiot,The Metropolitan District, Metro olitan Domestic Water Improvement District and the Town of Oro p Valley,to Cooperate in Planning for the Development of Renewable Water Resources. Or I move to (19 /2, iLtt„' i W. - /stYDtrfo .A.ZaamiAbd Town Manager RESOLUTION (R) 06- 35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE TOWN OF MARANA, THE FLOWING WELLS IRRIGATION DISTRICT, THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT AND THE TOWN OF ORO VALLEY, TO COOPERATE IN PLANNING FOR THE DEVELOPMENT OF RENEWABLE WATER RESOURCES WHEREAS, The Town of Oro Valley is a municipal corporation within the State of Arizona and is vested with all the rights, privileges and benefits and entitled to the immunities and exemptions granted to municipalities and political subdivisions under the Laws of the State of Arizona; and WHEREAS, the Town of Marana, the Flowing Wells Irrigation District, the Metropolitan Domestic Water Improvement District and the Town of Oro Valley desire to form the "NW Water Providers"; and WHEREAS, once formed, the NW Water Providers will formalize the structure of this organization to develop a mutually beneficial water system through a Memorandum of Understanding (the "MOU"); and WHEREAS, the NW Water Providers shall work towards developing a formal proposal to implement the goals and objectives set forth in the MOU; and WHEREAS, it is in the best interest of the Town to enter into the Memorandum of Understanding, attached hereto as Exhibit "A" and incorporated herein by this reference, in order to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Memorandum of Understanding for the participation and administration of the organization called the NW Water Providers, attached hereto as Exhibit "A" is hereby approved. BE IT FURTHER RESOLVED that the Mayor and Council of the Town of Oro Valley, the Water Utility Director and other officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Memorandum of Understanding. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17Th day of MAY, 2006. TOWN OF ORO VALLEY, ARIZONA 11410.. Paul H. Loomis, Mayor F:\Water Utility\Projccts\NW Water Providers\NW MOU RESOLUTION-PCS REV.doe Office of the Town Attorney/ca/050106 ATTEST: APPROVED AS TO FORM: mod Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney No0111/ F:\Water Utility\Projects\NW Water Providers\NW MOU RESOLUTION-PCS REV.doc Office of the Town Attorney/ca/050106 EXHIBIT A MEMORANDUM OF UNDERSTANDING F:\Water Utility\Projects\NW Water Providers\NW MOU RESOLUTION-PCS REV.doc Office of the Town Attorney/ca/050106 MEMORANDUM OF UNDERSTANDING BETWEEN FLOWING WELLS,THE TOWN OF MARANA, METRO AND THE TOWN OF ORO VALLEY 40 THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the Town of Marana, an Arizona municipal corporation, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District and the Town of Oro Valley, an Arizona municipal corporation, all of which are collectively referred to as the"NW Water Providers". RECITALS A. The NW Water Providers desire to cooperate in the development of a northwest regional water system to treat and deliver renewable water resources, with focus on the Central Arizona Project water. B. The objective of this MOU is to investigate the financing of a system to reliably deliver high-quality water to NW Water Providers customers and meet the future needs of NW Water Providers' growing communities and to work towards constructing that system. Each of the NW Water Providers will determine their -.4010/ level ofp articipation for treatment and delivery capacity. C. The NW Water Providers desire to formalize the structure of an organization or partnership to develop a mutually beneficial water system. D. The NW Water Providers desire to work toward forming an organization where political, institutional, legal, administrative and financial issues can be researched, investigated and discussed and recommendations can be developed. E. The NW Water Providers concur that there are numerous benefits to working together to develop a reliable water delivery system for their communities, and to protecting and preserving the regional aquifer. AGREEMENT NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants set forth in this MOU, the NW Water Providers hereby agree as follows: F:\Water Utility\Projects\NW Water Providers\NW Water Providers MOU-042806.DOC • 1. A Management Group will consist of Managers and/or Directors from each of the NW Water Providers that will oversee the supporting Technical Groups consisting of staff, consultants and external entities for the purpose of providing technical support for planning for the design and construction of a water treatment and delivery system. This Management Group shall evaluate and determine the need for additional services primarily focusing on financial, legal and public relations needs. 2. The NW Water Providers understand that cooperation with external entities is an important and critical element. These entities may include, but are not limited to, the U.S. Bureau of Reclamation, Central Arizona Water Conservation District, Southern Arizona Water Users Association, Arizona Department of Water Resources and the Arizona Department of Environmental Quality. 3. The NW Water Providers will evaluate a water system to treat and deliver renewable water resources and will perform selected studies which will include system planning, design capacity, pipeline alignments, water treatment technologies, environmental studies, construction cost estimates, financial analyses and cost share studies. 4. The NW Water Providers shall work with each other to develop and implement a public involvement process. 5. The NW Water Providers shall work towards developing a formal proposal to implement the goals and objectives set forth in this MOU. The agreement could be an Intergovernmental Agreement or another type of establishing agreement, and would include the structure for governance of a cooperative venture, as well as administrative, technical, financial and operational procedures. 6. The NW Water Providers agree that any costs for studies and other necessary work will be shared among the Providers. The NW Water Providers agree to present a cost sharing and reimbursement recommendation to be approved by their respective governing bodies 'tutor prior to authorizing and/or performing any studies and any other necessary work. F:\Water Utility\Projects\NW Water Providers\NW Water Providers MOU-042806.DOC 2 Anywaterprovider mayterminate its participation in this MOU upon forty five (45) days Nod 7. written notice to the other providers. IN WITNESS WHEREOF, the NW Water Providers hereto have executed this MOU as of the last date set forth below their respective signatures. FLOWING WELLS TOWN OF MARANA IRRIGATION DISTRICT Manuel C. Valenzuela, President Ed Honea, Mayor Board of Directors Date: Date: METROPOLITAN DOMESTIC TOWN OF ORO VALLEY WATER IMPROVEMENT DISTRICT Dan M. Offret, Chair Paul H. Loomis, Mayor Date: Date: -.4000 ATTORNEY CERTIFICATION The undersigned attorneys for Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley have determined, each as to their respective client only, that this MOU is in proper form and is within the powers and authority granted under Arizona law to Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, the Town of Marana and the Town of Oro Valley. FLOWING WELLS TOWN OF MARANA IRRIGATION DISTRICT Spencer Smith, FWID Attorney Frank Cassidy, Town Attorney Date: Date: veld F:\Water Utility\Projects\NW Water Providers\NW Water Providers MOU-042806.DOC 3 METROPOLITAN DOMESTIC TOWN OF ORO VALLEY WATER IMPROVEMENT DISTRICT Name Melinda Garrahan, Town Attorney Date: Date: F:\Water Utility\Projccts\NW Water Providers\NW Water Providers MOU-042806.DOC 4 O yy c>o o � -.I :4 0' p :41111130 LADED Office of the Town Attorney Memo To: Philip Saletta,Water Utility Director From: Joseph Andrews, Chief Civil Deputy Town Attorney !) Date: May 1, 2006 Re: Resolution and Memorandum of Understanding—NW Water Providers Attached is the Resolution and Memorandum of Understanding approved as to form for the May 17, 2006 Town Council Meeting. However, per your e-mail dated April 28, 2006, the name of the Metropolitan Domestic Water Improvement District's attorney should be added at the appropriate signature line for Attorney Certification. Please call if you have any questions. JA/ca Attachments F:\Water Utility\Proj tts\NW Water Providcrs\050I06 mm Salem MOU xid resolution.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & COUNCIL FROM: Jose N. Rodriguez, P.E., Engineering Division Manager 36 SUBJECT: Resolution (R) 06- Acceptance of Bid and Award of Contract for Project No. OV30 05/06 13, Coyote Ridge Curbing SUMMARY: This project involves the construction of curb, concrete spillway and other incidental items of work within the Coyote Ridge Subdivision. In response to the advertisement for bids, the Town received three bid proposals. The bid proposals were opened by Town staff at 2:00 P.M. Thursday, April 20, 2006 The following is a summary of the bids received along with the engineer's estimate: K & B Asphalt Co. $25,500.00 Miura Contracting, Inc. $26,504.00 Westpoint Contractors $29,800.00 Engineer's Estimate $20,000.00 ATTACHMENTS: Resolution (R) 06 -36 Copy of Bid Advertisement Copy of Bid Tab of K & B Asphalt Co. FISCAL IMPACT: Funding for this project is available from budgeted Town funds Fiscal Year 05/06 (CIP) Highway Funds: $40,000 TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 3 RECOMMENDATION: Public Works staff recommends approving the bid and awarding the contract to K & B Asphalt Co. 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) 06 - 36 OR I move to deny Resolution (R) 06 - 36 /7,V 4'"V J•:e Rodrig -z, P. ., Engineering Div. Manager 0 Craig Civalier P.E., Town Engineer 644 David Andrews, As '.tant Town Manager / r Chuck Sweet, ' own Manager • • RESOLUTION NO. (R) 06 - A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING AUTHORIZATION FOR THE MAYOR TO CONTRACT WITH K & B ASPHALT CO. FOR PROJECT NO. OV 30 05/06 13, COYOTE RIDGE CURBING. WHEREAS, the installation of curbs will improve the drainage and structural support to the edge of asphalt pavement within the Town's right of way and, in turn, improve the public health, safety, and welfare in order to provide for the safe and effective movement of vehicular and pedestrian traffic; and WHEREAS, the Town Council deems it necessary, in the interest of providingfor the health, safety, and welfare of the citizens of Oro Valley, to authorize the Mayor to contract with K & B Asphalt Co for the Coyote Ridge Curbing Project No. OV 30 05/06 13. THEREFORE, BE IT RESOLVED, BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: Authorizing the Mayor to contract with K & B Asphalt Co for the Coyote Ridge Curbing Project No. OV 30 05/06 13. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17 th day of tY , 2006. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney )aily Territorial PAGE 13 made on the Bidder's Proposal Forms must be addressed in writing to Cheryl _ Bid. furnished by the Town. Each bid must Huelle with the Town Engineer's office s. 1...„,.ys`'?•.,��` be accompanied by cash, cashiers of the Town of Oro Valley at fax(520) •L;� G, G i!�,•L.7 N check,certified check,or Bidder's Bond 229-4899. 't.-1,.'e",., H-_} Notices on the bond form furnished by the Project Manager Town Clerk i �._ :.`;\ R , ..v Town,payable to the Town of Oro Val- Town of Oro Valley,Arizona 85737 / `7, ,.i ce ,, NOTICE INVITING SEALED BIDS ley in an amount equal to at least ten PUBUSH:The Daily Territorial -• ,/ r„ •i-;,,1 •1` • BID NO.06-77-06 percent(10%)of the total amount of the April 10,2006 1''‘..'?,•-••'a ril-•� ``; ,.y\ Notice is hereby given that the Director bid. Failure to execute the Contract prov30-05/06-13 o.t 'se I ui4'.!Cr,in;t, / ''''i of Purchasing of Tucson Unified School Agreement and/or submit the required i it li i 1 ,41 t pry `'1 1 District,Pima County,Arizona,wit!re- Performance Bond,Payment Bond,or Corporation F r °".'{Sceive up to,but not later than 2:00 P.M, Insurance Certificates to the Town • f j j�.,�', ''' ! local time,of the 3rd day of May,2006 within fifteen (15)calendar days after E'"t `"l :1� �7 10(3 sealed bids for construction of Howell the date of the award of the Contract is Notices .„ Elementary School Ramp and Side- just cause for annulment of the award CrQjL��7 't"' "''2 walk Improvement located at MIA and forfeiture of the proposal guaran- NOTICE •s A � 'PT O r!libp �t /i r*/J — Irving Rd,Tucson, Pima County,Art- tee. (for publication) ..F"' C�I�ivJIi7(,'� '''till zona Bids shall be received in the Pur- No work shall be started until the Con- ;J" ! ARTICLES OF ORGANIZATION '':?:::::5 1 chasingDepartment,Morrow Education tractor has obtained at necessaryr- r0,:/ pe HAVE BEEN FILED IN THE4,/ Center, 1010 East Tenth Street,Bldg. mils related to Project. The Contractor 4 a' ,� '- OFFlCE OF THE ARIZONA �:., a .)/ B., Room 141 (10th Street Entrance, shall obtain and pay for all permits and ':.f,;.,, -r'4f / CORPORATION COMMISSION FOR ,-„��� „ ;,- First Floor)Tucson,Arizona,and shall fees and give all notices incident to the I Name: I & L EDWARDS. LLC _ «7-...› �R,;° ' .� -_ be opened publicly and read aloud at due and lawful prosecution of the work L-1244277-5 •-.11,1"�" ',''f,-.% the above stated time and location. and to the preservation of the public If The address of the registered office Pre Bid Meeting: Wednesday, April health and safety. FEES WILL NOT Is:3545 E.Bardust Lane Tucson.AZ 19,2006 0 9:00 A.M. BE COLLECTED ON THOSE PER 6,730- Location:Howell Elementary School NITS OBTAINED FROM THE TOWN Stabil The nems and Deborahaof the North Parking Lot FOR TOWN-OWNED PROJECTS. Statutory Agent is: K. Elver 401 N.Irving Rd. Ali bias are to be compared an the ba- 75304t N. La Cholla Blvd.Tucson.AZ Tucson,AZ 85711 sis of the Town Engineer's estimate of II B. Each bid must conform and be respon- quantities of work to be done. ability B. Many re a of rho united U- sins to this invitation,the Instructions to No bid wit be accepted from a bidder as. company is reserved addresseso the of Bidders, the Drawings, Specifications, who is not fully and property licensed as bars' The names and /ret- e: JContract and General Conditions and all a contractor for the work to be done bar each person who 3545 a member are: the other documents comprising the hkNher in accordance with the provi- Tony Tucson.A.Az 8,73 e B er Gst Lane pertinent Contract Documents. Copies cions of Arizona Revised Statutes,Title hvAZ 8573540 X]member Duada- ' of the Contract Documents are now on 32,'professions�Occupations., h Edwards 3545E bar Lane file and open to public inspection In the A deposit of$25 Is required fora set • Tucson.AZ PUB5730USH: [X]Tmember PUBLISH:The Daily Territorial • i office of Nimlesr-Horn &Associates, of Contract Documents. The Bid April 10,11,12,2006 ItRo located at 1860 E River Road. Documents should be returned in • Suite 100.Tucson,AZ,in said County two weeks after the bid opening In silld o.t and State and may be obtained by de- order to receive your deposit. The positing SI= for each set at The Bid Documents may be obtained NOTICE OF RUNG jb- Print Room located at 4833 E.Broad- from the Oro Valley Department of ARTICLES OF ORGANIZATION IN way Blvd,Tucson,AZ, The check shall Public Works, 11000 N. La Cafiada THE OFFICE OF THE ARIZONA •ar- be made payable to the Tucson Unified Drive, Oro Valley, Arizona 85737. CORPORATION COMMISSION FOR • School District. This deposit wit be re- The Standard Plans and Standard JKR COMMUNICATIONS,LLC funded if the set of Contract Documents Specifications may be obtained from I. Name: JKR COMMUNICATIONS, • delivered is returned in good condition Pima County/City of Tucson. Ail ad- UL within seven(7)days after bid opening ditional sets of Contract Documents, N.The address of the company's known and if the Contractor has submitted a as described above, may be pur- place of business Is:6341 E.Brian Kent . bona fide bid. Additional sets or sheets chased for a non-refundable fee of$ Drive Tucson, Arizona 85710 (PIMA • die- of Drawings, pages of Specifications 25 each. and other Contract Documents may be The Town'Council reserves the right to III.The name and street address of the purchased at cost without refund. reject any and all bide or any part statutory agent for service of process is: UM- Every bid shall be accompanied by a thereof,or to accept any bids or any Jthane K. Rohrbacker 6341 E Brian certified check, cashier's check or a part thereof,to waive any iregularity, Kent Drive Tucson,Arizona 85710 .,•� ter- surety bond for 10%of the amount of informality,or technicality in any bid,or IV.Management of the Limited Liability the bid,said check or bond will be re- to withhold the award to the extent per- Company is RESERVED to the mem- turned to the unsuccessful bidders,and milted by law. The Town Council fur- ber(s).The name and address of each rtgp'"---`,to the successful bidder upon execution ther reserves the right to advertise for member et the time of formation of the r :jt of 100' Performance Bond and Labor new bids if, lo the judgment of the Limited liability Company is: Jihane K. and Material Payment Bond. Town,the best interest of the Town will Rohrbacker 6341 E Brian Kent Drive 1 •t • The Governing Board reserves the per- be promoted thereby. Bidder may not Tucson,Arizona 85710 / : • 4 lege of rejecting any or all bids if it is ad- withdraw his/her bid prior to execution PUBUSH:The Daily Territorial — vantageous to the school district to do of the contract by the successful bidder. April 10,11,12,2006 so. The successful bidder shall cause the tiprr at At information and bids submitted by Performance Bond to remain in full • bidders will be made available for public force and effect through the warranty NOTICE ' III inspection in the Purchasing Depart- and guarantee period. (tor publication) . .• meet of the Tucson Unified School Die- The Bidder's attention is directed to ARTICLES OF ORGANIZATION Idol atter the award. Section 15 of the Contract Agreement HAVE BEEN FILED IN THE THE GOVERNING BOARD entitled,'PARTIAL PAYMENT"of the OFFICE OF THE ARIZONA TUCSON UNIFIED SCHOOL DIS- Standard Specifications _' ' for direction on CORPORATION COMMISSION FOR ,I , TRICT PIMA COUNTY,ARIZONA how the ten percent(10%)retention wit I Name: DUBA HOMES. LLC, • Leon George Purchasing Director be administered L.•1271919-9 (520)225-6080 The Contractor to whom the contract is II The address of the registered office PUBUSH:The Daily Territorial awarded shat be required to obtain a is:9673 E.Belasco L000 Tucson.AZ , ' April 1o,2006 Business License from the Town of Oro 8574@ The name and address of the 1 pr06-77-08 o.t Valley and shat be required to pay all Statutory Agent Is:Darlene Bahler 9573 • necessary fees. Information regarding E,Belasco Loon Tucson.AZ 8574$ • the Business License can be obtained III B.(xi Management of the limited II • - from the Town Clerk,Town of Oro Val- ability company is reserved to the mem- • NOTICE INVITING BIDS ley, 11000 N.La•Canada Drive,Oro bars. The names and addresses of '�" — ITI ' for Valley,Arizona 85737. each person who is a member are:Get ln. , put- PROJECT NO:OV 30 05108 13 Standard Spectficatioru-The CITY terve Battler 9673 E.Belasco Loop Too- •7,' . The OF TUCSON/PIMA COUNTY STAN- jon,AZ 8574$nQ member Hjghard j i The TOWN OF ORO VALLEY,ARIZONA DARD SPECIFICATIONS'FOR PUBLIC Duarte 254 W.Elvira Rd.Tucson.AZ , this PUBLIC NOTICE iS HEREBY GIVEN IMPROVEMENTS (2003 Edition), in- $5796[X]member li con- that eluding all SUPPLEMENTAL AMEND- PUBUSH:The Daily Territorial 41sub- 1. SEALED PROPOSALS wit be received MENTS wit be followed unless other- April 10,11,12,2006 !k - at the office of the Town Clerk,Town wise specified. aiduba o.t Hall, 11000 North La Canada Drive, SPECIAL WATER USE PERMIT g• - The Contractor shall obtain a fire h ! , Town of Oro Valley,Arizona 85737,up Y' NOTICE ti • or in to but no later than 2:00 PM,Thursday, dant flow meter for which there is a (forpublication) it F phi April 20,2006,at which time they will be $1,200.00 deposit. The fees for con- ARTICLES OF ORGANIZATION I `• publicly opened and read for the work structIon water will be the equal to the HAVE BEEN FILED IN THE sum of the current Town of Oro Vaq ' generally described as follows: � OFFICE OF THE ARIZONA at '• PROJECT NO:OV 30 05/0613 Water Utility Commodity Rate and the FORSy, egal CORPORATION COMMISSION COYOTE RIDGE CURBING current Town of Oro Volley Water Utility I Name: SUNSTQNE APPRAISALS, 1.. Son- all in accordance with the Plans OV 30 � y minimcxm base rate. The... Con- ¢i 'red 05/06 13,Specifications,Special Provi- tractor shall use only that hydradesig- LLC.address o Oh `l ,. Spee Hated The Town of Oro ValleyWater II The of the registered office �. orial sloes and other Contract Documents on by is: 9210 N. Macaw Pt. Tucson. AZ '' sion file in the office of the Town Engineer, Utility at the preconstnxdlon meeting. 85742 The name and address of the t n all Town of Oro Valley, 11000 North La The Contractor shall contact the Town Statutory Agent Is:Tina Micheis 9210 fir_ Canada Drive, Oro Valley, Arizona of Oro Valley Water (ANY office at f qeY N.Macaw Pi..Tucson.AZ 85742 d to 85737. The work to be performed in- (520)229-5000 to arrange for the me- �I ,: 111 B.(x)Management of the limited t- '�'�-- r- eludes,but is not limited to:constructiontar• ability company is reserved to the mem- i• uest of wedge curb,concrete spillway and Requests for technical information refat- bars. The names and addresses ofii )ail other incidental items of work. Ing to the details of the proposed project1 Y each person who is a member are:line No bid will be accepted unless k is ::• t 4 7.---. I '.V • �"' ..r .r.....,j;r"•dic "� aElFi.r.,,R,•,J''.!' ��>�' - ,V"q?S�' Y14SW+i91ik".yYM�a.+rw••.rnrr. BID SCHEDULE FOR COYOTE RIDGE CURBING OV 30 05/06 13 ITEM ESTIMATED UNIT SUB NO. DESCRIPTION UNIT QUANTITY COST TOTAL IS 6016400 CONCRETE SPILLWAY 10'x10',6"THICK) SF 100 O �. o 9080006 CONCRETE CURB WEDGE(PC/COT STD DTL 209) LF 700 13S" °G2 .,a ... : ._r -- ., .... ,. „. .: .... ..,.. .:•.w4;,.K. ate: : `d7` 'I}Y . `� `rV.i�hi7.i if''.'r''�.'n+�.'`'•`�' "-'!i.'�`.LXw-+��'�i±.rt �.'�."�e{:�r i.-i4 TOTAL 2.5 Loo L 1- TOTAL BID AMOUNT IN NUMBERS FOR COYOTE RIDGE CURBING $ - Soo , 00 TOTAL BID AMOUNT IN WORDS FOR COYOTE RIDGE CURBING $ 7i.a84 -/ri t_ /4 a //4/ Mac/ c► a RECEIPT OF ADDENDA NO(S). 6IS HEREBY ACKNOWLEDGED. • • OV 3005/0613 TOWN OF ORO VALLEY ' COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Sarah More, Planning & Zoning Administrator SUBJ: Appointment to the Planning and Zoning Commission SUMMARY: Using established procedures as outlined in the Town Council Policies and Procedures, an Interview Panel was formed consisting of Council Member Barry Gillaspie, Planning and Zoning Commission (PZC) Chair Pete Bistany and Planning and Zoning Administrator Sarah More in order to make recommendations of appointments to PZC. The Interview Panel conducted interviews of eight (8) individuals who expressed interest in serving on PZC. In addition, Mr. Pete Bistany and Mr. Doug McKee have each submitted a letter expressing interest in reappointment to the PZC. Mr. Bistany and Mr. McKee are currently in good standing. The following applications and letters are being forwarded to Mayor & Council for consideration and appointment as follows: ➢ Mr. Pete Bistany (reappointment) July 1, 2006 —June 30, 2008 ➢ Mr. Doug McKee (reappointment) July 1, 2006 —June 30, 2008 ➢ Mr. Ray Paolino (filling the remainder of Mr. John Anning's term) July 1, 2005 — June 30, 2007 ➢ Mr. Clark Reddin (new appointment) July 1, 2006 — June 30, 2008 Also, Elodie Winger was ranked 3rd pursuant to the interview panel's deliberations. If a vacancy should occur during the next term, it is the recommendation of the Interview Panel that Ms. Winger be considered for PZC. ATTACHMENTS: Volunteer Appointment Applications Reappointment Letters SUGGESTED MOTION: I move to appoint Mr. Ray Paolino to fill the immediate vacancy with a term ending June 30, 2007; and I move to appoint Mr. Clark Reddin effective July 1, 2006 with terms ending June 30, 2008: and I move to reappoint Mr. Pete Bistany and Mr. Doug McKee with terms ending June 30, 2008. . r' , ,),,,, , ,t.,„ f B Sarah More, Plan ng & Zo ing Administrator r 0 � Brent Sinclair, Community Development Director E David A dr , A :nt Town Manager lop / , , ,4 Chuck Sweet, Town Manager , .407,,:;_ ' 64) -vi 1. 1101111, 4 . ORO VALLEY VOLUNTEER APPOINTMENT APPLCATI N , !thfk' .iv4'11- i•h i 24,1pl,"i i .,..'Li,.,..RJL Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name eetAci,wt,e1 41 Last gS 711 Home Phone ilusigoos Phone Email .., Number of - s in Oro Valley /0 (Must be a resident of the Town for 1 year). e Signa . ...... 4/ , Dateg / ., Please clic e board or commission you wish to join: • ./7/7-Zy .2.4v 5.-- Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on whichyou have served:(board/cc,nission civic,educational ultural,social,etc DiP 944 40 01 c ~ iLL • . i , � _ i� � J. �_..art• // , ••.� cta .. /..L. . 4_,........r. . . _ I t. ./t :/ . _ . t •t / :-_ . • _ .-, ..i / / How does your previous volunteer service prepare you for the board or commission appointment for which you have a•pl'-d? P,-ase descj.e issue •nside ed at a meeting of the Board or Commission for which you are applying. /- 44 ./. • LiI _ LL_/A v -1 a414.. ',free", a *��l,4 Afit'. yet /aorta Have you attended the Citizens Planning Institute? ,7Are you willing to attend? Briefly describe your educational/vocational background. IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.corn 01/03 aftWAIIIMig IP"1" ' ("3 fIT A T I CV\TOU TT1�TTEE A PPO I NTTAiT�NT APPLICATION a_u = _-��.• •• uve� ea■ • �i• •:1.lLI1121111 Dear Oro Valley Citizen: RR 14T6Atilfti:20 TOV We appreciate your interest in the Town of Oro Valley. Thisinformational form,when completed,will allow us to .....:....1.1.........._.............,....1:,,,„4:...... A 1:.,..,.1,.,.,...:L. +L...T,.......',.D,.a«,•i g ,i C .'ionss i s a tt 3 I e d for. ---- _,. ...��.... ..... ........�...�,.... .. ...,...��.,.,....... ...... ..::: ;.; .. �.��...,. Your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. ZIT..�L.....i. kindly .._ i. 4-,........a 4... 4.L. `T.... Vic thank.?JU 11111Uly LU! Y Uluntcc!1115,lU.c Y t..Ull.+Town. w i!. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the T`,.__.... for 1 year. Town year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. ar-- fit a Name ,,DO/V Last . /.\ Home Phone Business Phone ! '' Email Years in Oxo ValleyMust be a resident of the Town for 1 year). Number of � � r /•�! 0 - Signature Date g J . Please indicate the board or commission you wish to join: i 0, -2 Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions IWO on which you have served:(board/commission,civic,educational,cultural,social,etc.) ,,tai 4.1 ---).- c,—)et:- /C,j-i) /(j c..--ft)/4/1 (r.) )0 CD ----- :;-2-(r)(- How does your previous volunteer service prepare you for the board or commission appointment for which you have i: 1�7 171 'L 1 1 at �:... of the Board �-� for which i ' applied? Please describe an issue considered a meeting the Board or FEB 2 2:iO TO') ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. NamePA-a) ) f C"7 -7v1 ()CO y Last Home Phone Business Phone Email Number of Years in Oro Valley I (Must be a resident of the Town for 1 year). 4111111, Signature -L Date 2 S o G Please indicate the board or commission you wish to join: /4 no t' Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) C vY1 CYM t C eAi e_ o 'nn bint< 1 , K How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. c ie c I l ( sA 16 4 4" -e i t LT I A.1-0 l� br4rryciQ S �5Sues A Ci in 5 O it) k O� /4-terec.-;-"1:4) The' P4Z - � S��V`� �� 4� cO 6,7 ski/4/1-e?/ s A Jest-%re To ee hit G ey--Al F`A' iIJerctOT ��► �7t1 5 YS HaveY ou attended the Citizens Planning Institute? Ye Are you willing to attend? Briefly describe your educational/vocational background. , S , f t e,o-r yi t<'S %/-/ G • s Oep.i,oftcciv,,v;c ,f041 4,50tvr(i i ,r -90 al. / �7fece7 5-r, -r I o c s aI4i 4 "T � r P IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovallev.com 01/03 ti eC �^(7 • ti ' : 14111110 '• APPLICATION -`� ORO VALLEY VOLUNTEER APPOINTMENT f �A Dear Oro Valley Citizen: in Valley. This informational form,when completed,will allow us to We appreciate your interest the Town of Oro PP quickly process your application. Adescribing list the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment application will remain on file for two years from date of receipt. process to Boards Your aPP Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. C Name 1‘ k QA,42-k____ Middle Last First Home Address Email Home Phone Business Phone Number • Ak.rsValley 4111, Oro (Must be a resident of the Town for 1 year). •Wi M, Date � 1� b�Signa Please indicate the board or commission you wish to join: Valleyand with other organizations including any boards or commissions Please list your volunteer services in Oro 1 on which ou have served: (board/commission,civic,educations , cultural, social, etc.) How does your previous volunteer service prepareyou for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. — .12 LPt-v,k • ---Zipt•-s. • • PlanningInstitute? � ��� Are you willing to attend? Have you attended the Citizens Briefly describe ' your educational/vocational background. • \--t C--=N9‘k IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED ..-6) --:'' 44 r %...1 ,i;,..0, 8 P sL8 T1111110, µ --,-..11o., . ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name EERY John James P1 . Oro Valley, AZ. 85737 Home 717 Business Phone N/A t t Number of Year'��''n Oro Valley5 (Must be a resident of the Town for 1 year). A i I l'4\„_ Signature ''.. ,---....1_1\- -- Date J. t-a Please indicate then board orcorn fission you wis to join: Planning Commission Please list .our Volunteer services in Oro Valleyand with other organizations includingany boards or commissions g on which ou have served:(board/commission,civic,educational,cultural,social,etc.) none How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meetingof the Board or Commission for which you are applying. The planning of the growth fr the Oracle corriclorefrom 1st Ave . north. Whether the shopping center referendum passes or not The area willdevelop and will have to be controled AlgsQ, f-hica . widening of La Cholla south from Tangerine to Lambert Lane . Have you attended the Citizens Planning Institute? No Are you willing to attend? Ye s Briefly describe your educational/vocational background. In 1996 retired from the Arizona ' s Attorney Generals Office with ten( 10) years of service . Previoutly retired from The Suffolk Co . District Attorney ' s Office wit 20 years IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED WWW.townoforovallev.com 01/03 Page 2 of service , specializing in White Collar Crime . 7- in, !i �i3 aR,y 4! -- - ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North Canada Drive,Oro Valley,Arizona 85737. Name S L1 OvN Lee__ Last , � �`�-� } � N •er o -. s in S ro Valley 0 (Must be a resident of the Town for 1 year). Signatur. Date - (4. -0(0commissionyou wish to join: kv �l �'^"it S S-N Please indicate the board or .1 1 Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. 0/A Have you attended the Citizens Planning Institute? 0 Are you willing to attend? Briefly describe your educational/vocational background. ANe\. ct-tA.c,LAIN\-V eA-3 Lk I S 2.0 9 ec.Ars sv4 s 0„1/4)./v\r-st,t-F, IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovallev.com 01/03 • • ::::;�..f'l�'til•::'•::•::•: �-'.:. L?h 1 r .r t'.�i 1•.: �i. TOU • • • ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name Van Houten Dale Warren Last Oro Valley, Arizona 85704 Home Phone Business Email Number of Ye. . •ro Valley 2 Yr-Must be a resident of the Town for 1 year). Signature 40..• Date 01/ 21 / 05 Please indic:to the board or commission you wish to join: P1 a nn i ng & Z on I ng - Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) SEE ATTACHMENT How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. SEE ATTACH .v T Have you attended the Citizens Planning Institute? h 0 Are you willing to attend? YES Briefly describe your educational/vocational background. SEE ATTA�=HI�i NT IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 01/03 Attachment to Oro ValleyVolunteer Appointment Application: 01/20/05 For Dale Van Houten Volunteer Service Summary: professional career, I was the head of financial operations for Hughes Aircraft in In my Mexico. In this capacity acit I was involved /Volunteered to the board of directors of the Western Maquiladora Association. I also served as the Secretary& Treasurer for one term each The association ion in coordination with the Mexican National Maquiladora association dealt with manyissues. Many of these issues related to urban growth and planning in the city of Tijuana BC, and other boarder cities. Since mg o vin to Arizona in 1991, I have been involved with the local Lions Club and have served on the board of directors of a local club and in all of the Chair positions. In 2000 I was elected to the board of directors of the Lions Foundation of Arizona (LFA). that capacity, I am the liaison for our La Casa De Los Leones Project. This is LFA's, In elderly assisted care facilityfor low-income people. This has exposed me to HUD, and 'li the cityof Tucson's, requirements for the maintenance and operation of the facility. q As a board member of LFA I have also been closely involved with the Lions Camp Tatiyee, located in Pine Top, Arizona. Camp Tatiyee is located on 40 acres of forest service land that has been leased for the last 30 years. Several years ago the forest service advised LFA that the land was to be sold and that the Lions of Arizona had first right of refusal. This has led to the creation of the "Tatiyee Land Campaign" (TLC). This has exposed me to dealingwith the US Forest Service, in a land swap. LFA has p acquired most of theproperty necessary to complete the deal and we hope to have it q completed with in the next 24 months. This experience has required many"studies" for p environmental and historical impacts. Educational /Vocational Background Education: BS Accounting San Diego State University 1976 Vocation: Past: Multiple accounting positions with Major Corporations Resume available upon request Current: Member of Coldwell Banker Commercial Real-Estate Team yam..., ., - , IIS) - +[ Jr MAR WP oti 2:2@ IOU -41 4,,,,, r4k, x ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please retu n to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 5737. Name C ) / Home Add Lastress (- Middle Number of Years in Oro Valley (Must be a resident of the Town for 1 year). V I / T -7-D6 Signature !P4. / Date y� r y� Please indicate the board or commission you wish to join: -174/7 )// '/1 ....,, Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) ,) 3 ad 1.6/(__ _ )40m Vohoiccr )4 '/*C- 6111th; XilD 1,i4lici). /y 5:3--gooy--, ,z , qc-/-)Lr . /_.; 4f. ' , i i5 00 (:--rr' - rieli fhoi: 302c ,'I O'l ie ( • `'' S I WO-,) - v - r �; ,/`How does your previous volunteer service prepare ou he oard or commission appointmen for which you have (brio, applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. Y tc__1 a nc i c c;5 ,c H t Yt((( ./C._ c , 1 /t____ -.)500). in 0)4). 1c) u )tr5 , .I i -ry/c____ 4 q-ke C- -,) • 0 all i 0-a t),r .1a)71/0/ _(--,. , c___ Q01 ,/ en")1 17 Have you attended the Citizens PlanningInstitute? tpAreyou willingto attend? r ''—' 1 ,-,- ( ---:,- Acc /4f Briefly describe your educatio al/vocatio al background. 4)/+ Ai r 0 ofretdcC3 )4-/ X , , r 1--frre_ ht,' ct . . ........7-: is ' .��� ' 1 0 410 if, . ' -40 r 4 ,t . 0: IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED 1►�� NN.1k t\.to,A,notoro\allev.com 01/030,it '" r Oro Valley, AZ 85755 March 31, 2006 Sarah More, AICP Planning&Zoning Administrator Community Development 11000 N La Canada Drive Oro Valley, AZ 85737 Subject: Letter of Intent Dear Ms More: I wish to continue my service on the Commission for the next two years term. Consistent with the Mayor's and Town Council's desire that the Oro Valley Board and Commission members pursue continuing education during their term of appointment, I have attended and completed the required continuing education, a copy of which you and Amanda Jacobs have under separate cover. Yours truly, /s/Peter J Bistany Peter J. Bistany Vice Chairman CC: Amada Jacobs via email. Page 1 of 1 Jacobs, Amanda From: Doug McKee [dmckeesprint@earthlink.net] Sent: Thursday, March 30, 2006 9:12 AM To: Loomis, Paul Cc: Gillaspie,Barry; More, Sarah; Chapman, Diane; Jacobs, Amanda; dmckeesprint@earthlink.net; Pete Bistany Subject: Re: Re-appointment to Planning &Zoning Commission Mayor Thanks for your letter of March 21, 2006 regarding the upcoming completion of my first term on the Planning& Zoning Commission. The attachment to your letter which summarized the training activity brought to light the fact that not all the training activity had been recorded. This has now been corrected bringing my total well above the minimum requirements. See Amanda Jacobs' email below, Per the current procedures, I hereby request re-appointment for a second term on the Planning & Zoning Commission. I believe I have far exceeded the minimum requirements for re-appointment in all respects. Service on the Planning& Zoning Commission has been very interesting and educational and I believe, has helped facilitate the Town's decision making process. I look forward to serving another two years. • Doug McKee Copy of Amanda Jacobs email At 01:29 PM 3/29/2006, Jacobs, Amanda wrote: Doug: I spoke with Diane Chapman today. I was unaware you attended the Economic Development and Conservation Seminar, as well as the 2004 Board & Commission Conference. I have added the hours to your training record and you now have a total of 21.5 additional training hours. Thank you, Amanda Jacobs Office Specialist to the Mayor and Council Town of Oro Valley (520) 229-4714 ajacobs(orovalley.net This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 3/30/2006 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Stacey Lemos, Finance Director SUBJ: Appointment to the Finance and Bond Committee SUMMARY: Using established procedures as outlined in the Town Council Policies and Procedures, an Interview Panel was formed consisting of Council Member Helen Dankwerth, Finance and Bond Committee (FBC) Vice-Chair Tony Eichorn and Staff Representative Stacey Lemos in order to make recommendations of appointment to FBC. The Interview Panel conducted interviews of four (4) individuals who expressed interest in serving on FBC. In addition, Mr. Tony Eichorn and Ms. Sarah Frost have each submitted a letter expressing interest in reappointment to the FBC. Mr. Eichorn and Ms. Frost are currently in good standing. Based upon their experience and interest, I recommend Mr. Eichorn and Ms. Frost be considered for reappointment to the FBC for a term of two years. The following applications and letters are being forwarded to Mayor & Council for consideration and appointment as follows: ➢ Mr. Tony Eichorn (reappointment) July 1, 2006 —June 30, 2008 ➢ Ms. Sarah Frost (reappointment) July 1, 2006 —June 30, 2008 ➢ Mr. Peter Lamm (new appointment) July 1, 2006 —June 30, 2008 Also, Mr. Robert Harris was ranked 2nd pursuant to the interview panel's deliberations. If a vacancy should occur during the next term, it is the recommendation of the Interview Panel that Mr. Harris be considered for FBC. ATTACHMENTS: Volunteer Appointment Applications Reappointment Letters SUGGESTED MOTION: I move to appoint Mr. Peter Lamm effective July 1, 2006 with a term ending June 30, 2008; and I move to reappoint Mr. Tony Eichorn and Ms. Sarah Frost with terms ending June 30, 2008. Stacey Lemos inance Director r David Andrews, Assistant Town Manager 10Pi / 1 :,„410 Chuck Sweet, To n Manager T. F-1-3 f{ i•t6pm 12S FE} .,..:4;*„.„.. ... .:,4-7,40 .:: .,:::e.-,,,.:;v::-:,-::',.:7-,....,. .4:-..,::&.,...:::,....„::::::::::::::::::,„ 4.4:::::::::::::,.....,:::::::,::::::::::::::::,,b• �`* ° ":ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process rocess your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying 1 ing this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Offi e, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. 111 Name .r -', la Nab,! f _ �- , ,` Home Phone -- )9Business Phone Number o ears •• : 'alley •.. t be a resident of the Town for 1 year). Aiii ,._.• Date Signatu ' •_ ♦•-- 1 L.•_ra��-�...r-.L 0 ` ' (::) Please indicate the board or commission you wish to join: . . _..ik . .• PO I1 I_ , - Please listY our volunteer services in Oro Valley and with other organizations including any board .r commissions III on whic you hi ve served:(board/com 3 fission,civic,ed i�ational, ult a. -, cial,etc.) ,, • - i mit , 11111L-1 4 ! Lt Ar ei- r'r Vii !• 'ui 1; z:-P 1.1r.• vb. A hes- 1. I. 'ft a s irk ,,A 'fN. .t —I...k How doesY our previous volunteer service prepare you for the board or commission appointment for which you have applies Please describe an issue considered at a meeting .f the Board ?r Commission for which ou are ap•lying. 1 V ' . _ ‘1113: -, -lh 4' ' % . 1h b.. ♦ - �:.___tb . � ��.1� # 4,_,_ - .r .. ,-, 41“--' 'ilb..b1" t'. _ talikA v.•.1 Niaatill • N.' B 4 .�• ` it.7 'i'b ‘,.., Art . Oki.. .,.- • 1 ` ►7 . " - 9. '- 1h IV ') U --3 *) tb. 1_, 1 11. _ :NV IhAill _ liath ... „, ik. . 1.z___- - - -k&._;,S7 d`LL ln .,-,•.; I-Au)-St • . , x - S tA,. 3,ti -- . .-- 15 Ic-aivr- 1S:iki,R).. aveY ou attens es the Citiz .s-PIanning Institute? Are you willing to attend? \k___s ‘.‘ Briefly describe your educational/vocational background. c ` �w !- . k._ _. , - Ilk �.r i`r�i. . I `+ .l • %_ t• r .� r. . 1b. ....---i. - 1 P Ni 1 .. 'b V. ik. I. _ ate, MORN_ __U` . IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www,1 ownoforovall ey.co ir'i3H+ CNa (1E..iNgS a01/03 S� � � c�� ti • Y R,�G 1 • ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No. (R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name riri vv‘ L ,� �� -D. c7 Last • , Business Phone Email1 -+ Number of Years in Oro Valley (M : •e a resident of the Town for 1 year). Signature ,/ , , Date 3/2-Vo‘ ��Ut, ��w + Lam/ indicateor commission you wish to join: ri ^ ��Please the board � Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on whichyou have served: (boa d/commissi n,civic,,educational,cultural, social, etc.) e CAA 3 v l›v c 0441, t C 6t. i://6 ci How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. 14/a 0,e, Have you attended the Citizens Planning Institute? -3 Are you willing to attend? - Briefly describe your education al/vocational background. F5 ./4 c.0'v4124241i-e-d f 06,2) /0 6_34._ 114.2-61-&6,07 44-141, At,(4,a/ IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com (11 M1 I ` d l4iI: L ilitcip rs �z. . .:tii7s1 bZt i = V. y.. 4 h ' '�' ...4' ORO VALLEY VOLUNTEER APPOINTMENT APPLIC ATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when compl eted.will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,A rizona 85737. C -.mOkcovct Name Last Email Number of Yea :),f' •ro alle ; Mus/se a resident of the Town for 1 year). imir,:,.. Signature /' bbi- i � Date Ar/0662______ 6Please indicate the board or commission you wish to,join: 50 0 U Ai0 Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on w ich you have rved: board/com 'ssion.civi ,education 1,cult I,social, c.) /' 2 G' f7 cr1�C4414 �.C,��v,�1�C. �� �4�t�ir !d-�tt� Pi2' , iCeel � � �L7 �� vr2� //4, D t 6 A.)43-(2404A)RPA,Agig gaa Id-WA, N U V0 -7i2/- 5k PCLLO3 How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe n issw.7considered at apcieeting of the Boarc1,21 Commi ion for 0 aewhich yo are applying. fc7,4iivtr v17 aO ✓it/L U k 1 15 6rZ I:31)A tic PLA-A'A)IN6-, It-1501XX- Delks 1-60 lEc a ' 1 c A1ooicc W erz0 (OoLo /34-ptpl,,/,-.,:e / aia, Dc kit)0 k 9 PG Ob#VG-F.: 1iAcf c a4/11N ,41G 0 you n Have you attended the Citizens Planning Institute? *, � O Are�o willing to attend? _ your educational/vocational background. #5e-g". 7AGI�A/P-45 Briefly describe g IF DESIRED. ADDITIONAL INFORMATION MAY BE ATTACHED wv ww.to‘v noforoval lev.com 01/03 Chester C. Oldakowski Oro Valley, AZ 85737 ( March 25, 2006 Subject: Oro Valley Volunteer Appointment Application Dear Reviewers: I wish to apply for a position on the Oro Valley Budget and Bond Committee. Given my working experience and personal interests in finance and related computer modeling I believe I would be a good candidate. I am motivated to volunteer for the Town of Oro Valley and to work on the Budget and Bond Committee. I look forward to hearing from you. Sincerely, edeA2 Chester Oldakowski RESUME OF Chester C. Oldakowski Oro Valley, AZ 85737 ( PROFESSIONAL STRENGTHS SUMMARY Primary strength is technical management in the field of vacuum related process and equipment engineering. This technology base includes semiconductors, storage applications, thin-film heads and magneto-optics. Secondary strengths include major capital and component purchasing, co ntracts generation, procurement engineering and quality programs with strong emphasis on ISO 9000. Recent assignments include consulting on vacuum related technical and business issues, short course presentations at the University of Santa Clara and a Director of Engineers ng Position. Excellent communication and presentation skills with refined personnel management methods. WORK HISTORY& CONTRIBUTIONS T3C- VPEC- Consulting 1994 to Present Provided contract and consulting services to foreign and domestic storage tech nology clients. The client list includes Intevac, Western Digital, IBM, Seagate, Hyundai/MaxMedia and Arbuckle Coffee. SKC AMERICA - Sunnyvale, CA 1993 to 1994 Director of Engineering, SKC America. SKC is the leading manufacturer of microfilm products with annual revenues of $50 mil. I was responsible for all manufacturing processes, equipment, major facility systems and new product R&D. Manufacturing operations in the Sunnyvale facility include chemical preparation, film coating lines, ink striping, converting and packaging. IBM- San Jose/Tucson/East Fishkill 1965 to 1993 Held management and high technology positions at many sites within IBM. These assignments covered broad technology and business aspects in procurement, process and equipment engineering in both manufacturing and development laboratories. • Equipment engineering for thin film magnetic disk deposition systems valued at over$40 mil. • Designed and installed robotic disk handling automation for in line vacuum systems. • Established Self Directed Work Groups and increased system availability from 30% to 85%. • Developed major modifications for Intevac 350 & 450 systems. • Developed procedures, manuals and systems and achieved ISO 9000 certification. • Installed and qualified the vacuum sectors of single disk manufacturing line. • Integrated systems for automatic process control and performance monitoring. • Developed an integrated production line model. The model was used to support production, capacity and manpower decisions. • Specified and sourced advanced cluster vacuum deposition systems for thin film disks. • Developed dual material concentric magnetron sources for magnetic and other applications. • Developed and installed an advanced self learning process control system. • Established university study contracts on predictive maintenance systems. • Established strategies for future products power systems, circuit selection and packaging • Obtained9 rant funding of$1.6 mil for the development of PVCVD deposition processes. • Developed PVCVD processes for insulators in thin film heads and magneto-optic media. • Resolved critical procurement engineering issues involving power systems, optical components, delivery and vendor qualification. • Managed a Magneto Optic pilot line developing advanced media. • Managed process development and manufacturing operations for advanced thin film heads. 9 • Supplied advanced MR floppy and high density tape heads to product development. • Developed wet and dry grinding and polishing processes for ferrite thin film heads. • Developed automatic grinding and polishing systems for ferrite thin film heads. • Developed cables for and thermo compression processes of thin film heads. • Managed process engineering for the QTAT (Quick Turn Around Time)ASIC line. 9 • Managed and provided process failure analysis for the QTAT line. (SEM, X-ray, optical) • Developed EIS (electron induced spectrometry) sensor based process control systems. • Developed advanced processes based on magnetron and multi ion beam sources. • Developed pumping systems for reactive ion etch and chemical vapor deposition processes. • Designed and implemented the mechanical and vacuum systems for the IBM electron beam pattern generation systems. • Designed and built laboratory pulse parametric device test systems. RCA LABORATORIES, PRINCETON, N.J. 1961 to 1965 Supported basic studies of ultra sound and high frequency surface wave effects in cadmium sulfide and similarcrystals.c stals. This included the design and build of specialized RF generators, detectors and acoustic sensors. Optical deflection systems including laser interferometers were also constructed to support the characterization of surface wave effects. EDUCATION Graduate study, New York University, Metallurgy BA, Solid State Physics, Marist College, Poughkeepsie, N.Y. Electrical Engineering Certificate, RCA Institutes, New York, N.Y. Seminars and short courses on vacuum technology, business and accounting methods. IBM management training. PUBLICATIONS Internal andpublications external on processes, control systems and educational subjects including, Multi Peak RGA Analysis, APSRA Vacuum/Mechanical Systems, Anomalous Morphology of Thin Aluminum Oxide Films. Short courses on Vacuum Technology PATENTS & AWARDS Several patents and disclosures vacuum related technology including Method of Stress Reduction InMulti Layer Thin Films, Mechanical Design of Breakaway Substrates for Disk Applications, Concentric Dual Sputter Source for Thin Film Deposition. Numerous awards involving technical achievements and business product announcements including, First Level Invention Achievement Award, Outstanding Innovation Award for Electron Beam Technology, Special Recognition IBM 3480 Program. ryrtt'�'t}�,� r zy;' n VIR, '; T=C� tiy�- .. _Y )iVP �� ' � ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION 7 Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quicklyprocess rocess your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supply ing this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. N ( Le i(4 -S NamePr(1s6.1 S t i Last ��' - Email '7Home Phone Business Phone Number of Years in Oro Valley 41 (Must be a resident of the Town for 1 year). Date3 t� a ---') Signature 7497Z----Z Bcf\J Eq1111/1) 7te.t Please indicate the board or commission you wish to join: C/1 ./) 1' Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational cultural,social,etc) barn' 10Qr �;/, Al (c:\-i(\c,\ Oe- kc1 cit.. �� Co. kf; ((ei 09, �� , (AFI , ) How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. e I C\r,o,\f' \j a `C v.-S, +4.),-5 `o:Ort' i .t- ef,tc...-"hr'ci,C e c\.,-0- attendedd g,1 t icr.,, ,,,--f-- cl Q d w f c,,,,,,,/i.,,III.(4 the Citizens Institute? `� Are you willing to attend? ` P Have you Planning Brieflydescribeyour educational/vocational background. /7)l/ M�- )2(2,-Ii<e bo. JISSN ) -Ft r l'1,-Lie-,)// \/67611_. r e S L- . 9,1173 � 11 P C . IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 01/03 About Nick Prassas rage i u� � '1YdwM k 'YY'?�t nv�s�rr�ent and t er�t, � Advisers • Home Previous About Nick Prassas Nick Prassas has been an investment banker and financial advisor for the past twenty years, advising corporate, governmental and private clients on over $7 billion in financings, for some of the most complex public works projects in California, Arizona, Hawaii and Alaska. Mr. Prassas' diversity of clients and financial experience has included hospitals and health- care systems, not-for-profit organizations, schools (K-12) and higher education institutions, affordable housing, and sports facilities. 9 -Nationally-noted sports stadium and arena finance expert. Among his projects is the Arco Arena, home of the Sacramento Kinds, America West Arena, home of the Phoenix Suns, and the Rose Garden, home of the Portland Trailblazers. Retained as advisor for L.A. Raiders relocation. -Financial advisor and investment banker for the County of Maui, and the City and County of Honolulu, Hawaii, for ten years. Financed a $25 million elementary school for an Inuit village, located on the Bering Sea. In appreciation, the Mayor of Kotzebue, Alaska http://prassascapital.com/About%20Nick%20Prassas.htm 3/12/2006 About Nick Prassas rage z, ui invited Mr. Prassas on the annual fall caribou hunt. Negotiated the last federal divestiture of a major hydroelectric facility for the State of Alaska. The contract and financing required an Act of Congress. Mr. Prassas specializes in investment management and tax-exempt planning. He has lectured extensively throughout California and teaches a Department of Real Estate CE course on tax strategies. He has been sponsored as a guest speaker on planned giving by Children's Hospital Et Research Center Foundation, Special Olympics Northern California a Nevada, John Muir Medical Center, and Ann Martin's Children Center. Mr. Prassas has a B.S. from The Pennsylvania State University, an MBA from the University of Arizona, and is a Certified Financial Planner. Contact: Nick@prassascapital.com Please read the terms and conditions carefully before using this web site. By using this web site, you signify that you agree with these terms and conditions of use. Contact us with questions or comments. Copyright © 2004 Prassas Capital, Inc.. Home I Contact http://prassascapital.com/About%20Nick%20Prassas.htm 3/12/2006 Tony Eichorn Private Client Services Vice President/Investment Manager 2195 E.River Road VOUS Private Asset Management Tucson,AZ 85718 ORM'. 520 529-5912 = 520 529-5927 Fax 800 774-7744 Toll Free eichort@wellsfargo.com - r� i.t4 !Pyr e March 17, 2006 11 t1 r� f;��., : F Mayor Paul Loomis Town of OroValley 11000 N. LA Canada Drive OroValley, AZ 85737 Re: Board & Commission Training Dear Mayor Loomis. I want to first congratulate you on your re-election, having attened a number of Town Council sessions, your dedication and experience is clearly a benefit to the Board and the citizens of our Town. Having served two years on the Finance & Bond committee, I would like to be considered for re-appointment for another two year term. I am a graduate of the CPI program and have completed an additional ten hours of training; and hope to attend the Advanced Training Seminar scheduled for April 27th, 2006. Since I am technically still several hours short of the requirements, I would hope that you would take into consideration that I am a member in good standing of the CFA Institute both nationally and the local Tucson Chapter. Our monthly luncheon meetings due qualify as continuing education in the Institute, based on the agenda and program discipline. Should you have any additional questions, please give me a call. Sincerely, , Tony Eichorn • D1STRUL 0/i/m,p‘..y::.)?, Tc, .‘itgji,N4ctvirltlii iAtra:EFjoi 4irliwAi‘A 0 DEPT HEADS 0 OTHER "al/ 1 A I 1 Jacobs, Amanda icrom: Lemos, Stacey Sent: Friday, March 31, 2006 2:10 PM To: Jacobs, Amanda Subject: FW: Finance and Bond Reappointment Here is Sarah's email. Stacey Lemos, CPA Finance Director Town of Oro Valley, AZ 11000 N. La Canada Dr. Oro Valley, AZ 85737 Phone: (520)229-4732 Fax: (520)297-0428 slemos@orovalley.net Original Message From: Sarah Frost [mailto:sefrost@msn.com] Sent: Monday, March 20, 2006 5:04 PM To: Lemos, Stacey Cc: sefrost@msn.com Subject: Finance and Bond Reappointment Stacey, Sarah Frost would like to be reappointed to the Finance and Bond Committee for the term f 07/01/06 to 06/30/08. Thank you. Let me know if you need any additional information. Regards, Sarah Frost Is your PC infected? Get a FREE online computer virus scan from McAfee® Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963 This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division NNW 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Ainsley Reeder, Parks and Recreation Administrator SUBJ: Appointment to the Parks and Recreation Advisory Board SUMMARY: Using established procedures as outlined in the Town Council Policies and Procedures, an Interview Panel was formed consisting of Vice-Mayor Terry Parish, Parks and Recreation Advisory Board (PRAB) Vice-Chair Dennis Ottley and Staff Representative Ainsley Reeder in order to make recommendations of appointments to PRAB. The Interview Panel conducted interviews of four (4) individuals who expressed interest in serving on PRAB. In addition, Mr. Bob Evans and Ms. Margot Hurst have each submitted a letter expressing interest in reappointment to the PRAB. Mr. Evans and Ms. Hurst are currently in good standing. The following applications and letters are being forwarded to Mayor & Council for consideration and appointment as follows: ➢ Mr. Robert Delaney (new appointment) July 1, 2006 —June 30, 2008 ➢ Ms. Lyra Done (new appointment) July 1, 2006 — June 30, 2008 ➢ Mr. Bob Evans (reappointment) July 1, 2006 — June 30, 2008 ➢ Mr. Margot Hurst (reappointment) July 1, 2006 — June 30, 2008 ➢ Ms. Susannah Myerson (filling the remainder of Mr. Mark Arneson's term) July 1, 2005 —June 30, 2007 Also, Ms. Nicole Batsch was ranked 4th pursuant to the interview panel's deliberations. If a vacancy should occur during the next term, it is the recommendation of the Interview Panel that Ms. Batsch be considered for PRAB. ATTACHMENTS: Volunteer Appointment Applications Reappointment Letters Resignation Letter from Mr. Mark Arneson t SUGGESTED MOTION: I move to appoint Ms. Susannah Myerson to fill the immediate vacancy with a term ending June 30, 2007; and I move to appoint Mr. Robert Delaneyand Ms. Lyra Done effective July 1, 2006 with terms ending June 30, 2008: and I move to reappoint Mr. Bob Evans and Ms. Margot Hurst with terms ending June 30, 2008. Ainsley Reeder, Pa s and Recreation Administrator r r I' / 1 Brent Sinclair, Community Development Director 0 , .44/7411 David A •e ews, Assistf Town Manager / Chuck Sweet, Town Manager e f It I a. gp*O. 1:1 T Ot) ITTiR t-,1 LIS) RC 'ry V 1 fog 91 ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name DC1,1-SCA1 C�:Le- Last First Middle Home Address Home Phone Business Phone - Email Years in Oro Valleyl 5 (Must be a resident of the Town for 1 year). Number of Ye s Signature-1114w.c4i �. Date 3 1,30 I 66 . Please indicate the board or commission you wish to join: PLir 'S .4 Tec i'? -ci DA hi C y Cti rct Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (board/commission,civic,educational,cultural,social,etc.) CL ), y frxefiOaRA- acte VOW04 ,tit ri\- mac., t\u -� X CnON_ ( _bt .f ) ��(1 CAUCUS NT:\(‘-eA(N\Le s % ck -rs L't krzt-Ly UtAL1 elAcivi 0C-- How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. Z Q_Nurk ery CornLiuitteiLkC+- prep0 re-c"L. _, _Vor 9t\t_ O(D takty P&rkc eQ 1,ci\ 1,0Cd'L. 1 1' S-+-7 I ckLat. 1-4 pirtsE,n4i 4+ ee Po(L .c- o f re,t\, m� on& cLa,t4i HaveY ou attended the Citizens Planning Institute? ki o Are you willing to attend? Briefly describe your educational/vocational background. OVtr b C Cie (r, 1 f / ar-la 52ror c S4hirctoWVYti,,tilj'yii['�. �� r �zi�r1.f ter- v GeM le-CS COANct U jurfacace, f S t 4G-Ch121 IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovallev.com • Nicole Batsch Oro Valley,AZ 85737 ( PROFESSIONAL EXPERIENCE Mather LifeWays Institute on Aging,Evanston,Illinois & Oro Valley,AZ Project Coordinator,2003-present • Manages the translation and facilitation of Powerful Tools for Caregivers (PTC) into a web-based education programnithrough a national grant to support employed family caregivers within Fortune 500 companies. • Managed regional grant from U.S Administration on Aging to disseminate Powerful Tools for Caregivers (PTC) train-the-trainer � Pro am and support Class Leaders in partnership with two local Area Agencies on Aging, conducts outreach andP romotes PTC to achieve program goals, and presents evaluation results of PTC and other programs at local, state and national conferences. • Coordinated the national pilot and evaluation of Making Sense of Memory Loss train-the-trainer program in PP artnershi with the National Alzheimer's Association and nine sites throughout the U.S. Currently translating this curriculum into web-based program. • Facilitates literacy initiative through Mather LifeWays senior living for front-line staff through a state grant. Itex Company,Lincolnwood,Illinois Corporate Director of Alzheimer's Programs,2001-2003 • Supervised three nursing home Alzheimer's Units to enhance quality of life for residents. • Created and delivered a complete Alzheimer's training program for staff working on the Alzheimer's Units, including housekeeping,i � dietary, social services and nursing and provided program development ideas to unit n directors and led workshops for staff and families for implementation of the ideas. • Maintained and updated the Alzheimer's Unit Policy and Procedure Manual, and edited the Alzheimer's Update, a quarterly publication dedicated to Alzheimer's care. • Developed annual Memory Walk Team for the Alzheimer's Association event, raised over$10,000 in 2002. • Monitored customer satisfaction and program integrity. • Made recommendations for renovations of Alzheimer's unit and creation of new Alzheimer's Garden. Senior Friendship Centers,Inc.,Sarasota,Florida Community Services Manager, 1998 -2001 • Supervised eight community programs, six paid staff, and over 200 volunteers. • Those � Pro ams included multi-purpose senior centers, neighborhood senior centers,Elder Helpline information and referral service, senior literacy, alternative transportation, intergenerational,grandparents raising grandchildren, airport volunteer program and other duties as assigned including fundraising and special events. • Wrote grants to further develop the mission of the organization. • Conducted staff and volunteer training on leadership, communication skills,teaching English as a Second Language, senior center surveys and outcomes measurement. • Responsible for overseeing the opening of 5 new neighborhood senior center sites;participated in a two-county projectand to develop a local health human services website called Suncoasthelp.org; and conducted public presentations on senior services and need in the community. • Responsible for leading National Senior Center Accreditation self-assessment process;implementation and transition to a computerized system for Elder Helpline; and coordinating and collaborating with other agencies and coalitions to meet the needs of our community. • Maintained responsibility for the job duties listed below as coordinator of volunteer tutors and outreach specialist. • t. Nicole Batsch, continued Senior Friendship Centers,Inc.,Sarasota,Florida Coordinator of Volunteer Tutors/Outreach Specialist, 1997—1998 (promoted 1998) • Created a literacy program especially designed for seniors. • Responsible for outreach, student recruitment and volunteer tutor training. • Collaborated with local, state and national literacy organizations. • Responsible for implementing organizational outreach plan. • Developed and maintained relationships with other older adult service providers. • Developed flyers and brochures. Alzheimer Resource Center of Tallahassee,Inc.,Tallahassee, Florida Director of Family Services/Executive Assistant, 1996 - 1997 • Provided counseling and education for caregivers and families affected by Alzheimer's Disease. • Worked to identify needs and possible solutions for Alzheimer's caregivers in the community. • Provided community education and facilitated training presentations, coordinated seminars, facilitated monthly caregiver support groups, supervised volunteers. • Editor of the Pathfinder Newsletter and supervised the ESP Wanderer's Program. • Expanded ARC's programs to include the Saturday Retreat respite program and was the first project director for the program. • Developed new marketing brochures and flyers;planned, coordinated and implemented fundraisers;provided information and referrals;updated and maintained the Alzheimer's Disease Resource Book. • Created and maintained office resources including handouts,books and videotapes;prepared memorial letters; and provided fiscal assistance. RELEVANT EXPERIENCE AND SKILLS • Created and organized many special events including fundraisers,senior job fairs, health fairs and community events. • Experienced with volunteer management and work well with staff and volunteers to meet goals. • Participated in many community collaborations and served on committees. • Extensive public contact and speaking experience. • Conference planning and workshop facilitation. • Gained diverse work experience in small and large non-profit organizations. • Established competence in grant writing skills. • Knowledge, sensitivity and appreciation of multiple cultures due to experience in teaching English. • Significant accomplishments include coordinating a visit from the Assistant Secretary for Aging, being the local coordinator for a statewide caregiver conference,presenting at local, state and national conferences and managing the translation, facilitation and training of a family caregiver education program into a web-based program for employed caregivers of Fortune 500 companies. EDUCATION BS, Psychology, 1996 Florida State University, Tallahassee, Florida Graduate Certificate, Gerontology, 1997 Florida State University, Tallahassee, Florida Please see additional page for information on Professional Training and Affiliations. Y + + Nicole Batsch, continued PROFESSIONAL TRAINING • American Society on Aging Conference—2002-2006 • Powerful Tools for Caregivers Master Training—Mather LifeWays, 2003 • Approved Alzheimer's Instructor for Basic Nurse Assistant Training Program -Illinois Department of Public Health, 2002 pe • Leadership in Dementia Special Care Units: Unit Director Certificate Course -Rush Alzheimer's Disease Center and Life Services Network, 2002 • Powerful Tools for Caregivers Class Leader Training-Mather Lifeways, 2002 • Creating the Future of Dementia Care -Alzheimer's Association,2002 • Nursing Home Administration and-Operations Training-Harmony Nursing Center, 2001 • Motivating Staff—Qualiiy Customer Service -Illinois Council on Long Term Care, 2001 • Protecting Residents from Residents -Illinois Council on Long Term Care, 2001 • Staging a World Class Fundraising Event—Management Assistance Program,2001 • ABC's ofFundraising—Florida Literacy Coalition, 2001 • Grant Writing 101—Florida Literacy Coalition, 2000 • The Three R's of Human Resources—Human Services Planning Association,2000 • Collaboration and Coalition Building—Florida Literacy Coalition, 1999 • Communio7 Relations Field Workers Training G628—Division of Emergency Management, 1999 • Uniform Client Assessment and Care Planning—Florida Department of Elder Affairs, 1999 • Lead Trainer Certification Course—Laubach Literacy Action, 1998 • Tutor Training in English as a Second Language—Laubach Literacy Action, 1998 PROFESSIONAL AFFILIATIONS • Board Member—Direct Caregiver Association, 2005-present • Member—Elderly Patient Coalition of Tucson Medical Center,2004-present • Member—Desert Southwest Alzheimer's Association Education Committee, 2004-present • Member—Chicago Employed Family Caregiver Coalition, 2004 • Founding member —Chicago Next Wave,2003-2004 • Member—Chicago Regional Family Caregiver Advisory Committee,2003-2004 • Co-chair-Retired Volunteer Committee,American Society on Aging National Conference, 2003 • Member—Chicago Southside Dementia Consortium,2002-2003 • Member-American Society on Aging, 2001-present • Founding Member, Vice President- Sarasota County Literacy Alliance, 1999-2001. • Secretary-Intergenerational Alliance, 1999-2000 • Board Member- Seniors and Law Enforcement Together (SALT),2000-2001 • Member-DISC Governance Committee&Evaluation Sub-Committee, 1998-2001 • Member- Hispanic Latino Coalition, 2000-2001 • Member- Neighborhood WheelShare, 1999-2001 • Member—Florida Association of Senior Centers, 1998-2001 4 4" laPffts ,o IOU 1:€ o f r4 1,113U n s I% uvr, A rORO VALLEY VOLUNTEER APPOINTMENT APPLICATION 3 �.»'r Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name e ti Zr Pc) Last (5 i Home Phone " Business Phone Email Number of Year in Oro Valley Iv (Must be a resident of the Town for 1 year). Signature / ^ C7/27Date /6'6' g Please indicate the board or commission you wish to join: /22 _ 6'a,9_,(6 Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served:(board/commission,civic,educational,cultural,social,etc.) 6:12,4,0 6 2,t-, et_A-r__ / C4t.,„Li e GtiT� a-v 2 5 r How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. Have you attended the Citizens Planning Institute? (/i-S Are you willing to attend? Briefly describe youreducational/vocational background. 1 ( a. 2 /4-fi L 4_ -3 IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovallev.com 01/03 • • , tiO arc t ty�,,1.s F` i 2:05 TOV r : 3 E L J. 4 4 j ` � y 4 ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION --� �. Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form,when completed,will allow us to quickly process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also attached is Resolution No.(R)02-107,reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. will greatlyassist us in understanding how we can best use your talents and experience. Your supplying this data We thank you kindly for volunteering to serve the Town. Please note: No volunteer r shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office,11,000 North La Canada Drive,Oro Valley,Arizona 85737. ...----i-, / Name 1/4--)CA/ I- /4-1)1 RA /L Otiigh Last _ - � • Number .oT-Tear. •A • ro Valley ) C-) ust be a resident of the Town for 1 year). ;-- /-Z) 4 .ignature ,/ 4.4140 it Date • rd or commission you wish to join: /c} RIC i I / DD l) , Please indicate the a Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on whichY ou have served:(board/commission,civic,educational,cultural,social,etc.) 4-77 hiqc H .L.-)How does your previous volunteer service prepare you for the board or commission_appointment for which you have describe an issue cons'dered at eeting o th ommission for whic ou are applying. applied?V i CC 0--ti 14 /g /414 Please — N el),) i (r (__1/6stiii41 , PlanningInstitute? e< Are you willing to attend? Have you attended the Citizens �� A C c AI4E41 describeyour educational/vocational background. f.� Briefly ac- /-. IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 01/03 'v! Lyra Done, Broker/Owner Lyra Done Realty, L L C Oro Valley, Arizona 85737-7098 WHAT IS YOUR VOLUNTEER PARTICIPA TION IN THE COMMUNITY? TOWN OF ORO VALLEY 1997 Started attending Council meetings on a regular basis. 1999 Member of thelannin committee for the Town's 25th Anniversary P 9' Celebration. 1999 Graduate of the Citizen's Planning Institute[Have completed all necessary classes to maintain ability to service on various Boards and Commissions through 2007. 2000 Member of Citizens'interview committee when we hired Chief Sharp. 2000-2003 Member of the Board of Adjustment. 2001-2003 Vice-Chair of the Naranja Town Site Executive Committee. 2002 Candidate for the Oro Valley Town Council. [not quite enough votes] 2002--Present Finance and Bond Committee presently served as Chair and previously have been chair and vice chair. 2004 Candidate for the Oro Valley Town Council. 2005 Member of the Planning Committee for Oro Valley's Reception Governor's Rural Economic Conference. 2006 Finance Committee's representative on the Capital Improvement Project committee. STATE ACTIVITIES 1998—Present Arizona Association of REAL TORSO Legislative Liaison District 26 2000 AND 2001 Arizona State Chapter Certified Residential Specialist Treasurer 2000 and 2001 REGIONAL ACTIVITIES 1992—Present Tucson Association REAL TORS@ Currently serve on the Board of Directors 1993—Present Member of Government Affair Committee, 6 years Grievance[one year as chair and one year District 5 chair], Professional Standards, Risk Reduction and other short term committees 1995—Present Women's Council of REAL TOR® Board of Directors as Budget and Finance Chair 8 years 1997-Present Southern Arizona Home Builders 1997-Present Sales and Marketing 2005-Present Associates Council and Political Action Volunteer to work at their semi-annual Home Shows moor 2000-Present Northern Pima County Chamber 2000-Present Member of Government Affairs Committee[2004-05 vice-chair, 2006 Chair] Currently serve on the Board of Directors 2001 Greater Tucson Leadership Graduate 2002-Present Women Impacting Tucson 2004 Metropolitan Pima Alliance 2004 Tucson Metropolitan Chamber of Commerce 2004-Present Member of the Government Affairs Committee 20005-2006 Oro Valley Historical Society Currently serve on the Board of Directors Pima County's Youth Safety Driving Coalition • ORO VALEY SERVICE WORK Oro Valley Civitan - Charter Member [Presiden4 President Elect and Twice Treasurer] Oro Valley Optimist Club-Charter Member[Charter President and current President] 2003-2006 Relay for Life-Northern Pima County Participant all 3 years Inspirational speaker 2004 and 2005 Member of Planning Committee 2004, 2005,2006 Volunteer for The Arizona Classic 2005 and 2006 2003-2006 Project Graduation Ironwood Ridge and Canyon Del Oro High Schools Committee member and volunteer for golf tournament since 2004 Lora, .:=7)CAE ti gh 6). ORO VALLEY VOLUNTEER APPOINTMENT APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. This informational form, when completed,will allow us to quickly uickl process your application. A list describing the Town's Boards and Commissions is attached for your reference.Also a ached is Res ution I ortR-)(1-2=1-077;reflecting the procedures surrounding the appointment process to Boards Your application will remain on file for two years from date of receipt. Your supplying 1 ing this data will greatly assist us in understanding how we can best use your talents and experience. We thank you kindly for volunteering to serve the Town. Please note: No volunteer shall serve on more than one standing Board at any time and must have resided in the Town for 1 year. Please return to the Town Clerk's Office, 11,000 North La Canada Drive,Oro Valley,Arizona 85737. Name (//1 (--c n •S ot. Last ,� 0)-a Voliej F „S' --7_? � Number of Years in Oro ValleyS (Must be a resident of the Town for 1 year). // -3/0‘ Signature - Date Please indicate the board or commission you wish to join: Please pe,,,k-_s _it Pe `k--E). your list volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served: (board/commission,civic,educational, cultural, social,etc.) /tit rte-'1,Ny �c(2_ r Q.__./ . GSC S c o'14�.-�, - G k a Y--4 (_ �--j It fe l 0 k0 l s � � r- �G�4 d i G L 1-'n Yl�-?, Y ▪ , G C.d lese L v-s ne-N.0 r- \f"49 1 e 4 rk-x2 ce S-oe e How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. Lyse. Planning Institute? Are you willing to attend? Ye... Have you attended the Citizens g i nal background. -3 " ` - - � '' `Vto�� �f 0 Briefly describe your educational/vocational -�-o P-4 _ y 0-1 / co lice r-e_ 4 d mu) � � C uct S 1 � 11-- ,\J IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com n1/111 • My previous volunteer experience is not really in the area of the committee for which I am applying — parks and recreation. The only local parks and rec experience I have is that for several years I was a volunteer coach for a Montgomery County little league basketball team when I lived back East. I want to serve on this committee because I want to continue to help Oro Valley be a great place to live with lots of parks and recreation activities for kids and adults alike. My husband and I have a one year-old son and one of the things we like best about Oro Valley are its park and walking trails. Just about every weekend, we walk with our son down the walking path on Lambert lane to the Riverfront Park and play outside. This town is a great place to live and I would like to serve on the committee to help in any way I can. Sincerely, Susannah Myerson • Jacobs, Amanda From: Reeder, Ainsley Sent: Monday, March 06, 2006 2:35 PM To: Jacobs, Amanda Cc: Parish, Terry; 'Thomas D D Honebrink'; Subject: FW: Letter of interest Amanda: Below you will find an e-mail from PRAB Member Bob Evans. Bob's term expires on July 1, 2006. He is interested in continuing for an additional two years. Please let me know if you need any additional information. Ainsley Original Message From: Barbara Evans [mailto:barb2260@webtv.net] Sent: Monday, March 06, 2006 2:26 PM To: Reeder, Ainsley Subject: Letter of interest Good afternoon Ainsley, This is to formally notify you that I am requesting to continue with the Parks and Recreation Advisory Board for another two year term. Thanks, Robert W. Evans This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1111) 1 Page lof1 • Jacobs, Amanda From: Reeder,Ainsley Sent: Monday, March 20, 2006 9:48 AM To: Kunisch, Susan; Jacobs,Amanda; 'Thomas D D Honebrink' Subject: FW: Term on PRAB Below you will find Margot's e-mail expressing interest in re-appointment. Thanks. Ainsley Original Message From: MargotHurst@comcast.net [mailto:MargotHurst@comcast.net] Sent:Saturday, March 18, 2006 12:56 PM To: Reeder, Ainsley Subject: Term on PRAB Dear Ainsley, I would be very interested in serving on PRAB for another two year term. I feel very committed to the growth of parks and recreation in Oro Valley and have truly enjoyed working with you and the board over the past two years. Thank you. Margot Hurst This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. -Town of Oro Valley Information Technology Division 3/20/2006 Page 1 of 1 Jacobs, Amanda From: Reeder,Ainsley Sent: Wednesday, May 03, 2006 8:17 AM To: Jacobs,Amanda Subject: FW: Letter to PRAB Members Original Message From: Mark Arneson [ Sent: Wednesday, May 03, 2006 5:45 AM To: Subject: Letter to PRAB Members May 3, 2006 Dear Tom: Asy ou know I am currently serving an internship at the Town of Oro Valley working with the Water Conservation Specialist. This position has been extended to full-time status. As a result I must resign from my position on the Town of Oro Valley's Parks and Recreation Advisory Board. It is stated in Section 3-6-2 in the Oro Valley Town Code that I can not participate in both. Effective immediately, please accept this letter as my official notification. I regret havingto make this choice but I have no other options. I apologize for any inconvenience that my g departure may cause the Board. Thank you, i tw 10. 1'uze/3 012 Mark Arneson This E-mail has been scanned by McAfee WebShield. Any infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division • 513/2006 TOWN OF ORO VALLEY L COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Northern Pima County Chamber of Commerce Quarterly Report: January 1, 2006 — March 31, 2006 SUMMARY: The 2005/2006 Fiscal Year Financial Participation Agreements (FPA) between the Town of Oro Valley and the Chamber stipulates that a Quarterly Report be compiled by the Chamber and presented to the Council in the month following the end of each calendar quarter. The enclosed report satisfies the FPA requirement for the second quarter of the 2005/2006 Fiscal Year. ATTACHMENTS: Northern Pima County Chamber of Commerce Quarterly Report Resolution No. (R) 05-67 01,-1 f .4.,;. _ _.eii Chuck Sweet, own Manager , . NORTHERN PIMA COUNTY GANNER ___, Jo Of COMMERCE April 14, 2006 Chuck Sweet, Town Manager Town of Oro Valley 11000 N. La Canada Dr, Oro Valley, AZ 85737 G1( Dear M r. , Enclosed is the Chamber's quarterly progress report for the quarterly period ending March 31, 2006 for your review. Also enclosed is an invoice for your records. Please call me at 297-2191 if you have any questions or comments. Best regard op "1 OP / - Jerry :- sta ante, President/CEO Norther .ima County Chamber of Commerce 4 kis Good for s ;:ssf ZOO West Magee Road, Suite 1ZO - Tucson,Arizona 85704 - 510/Z91-1191 phone - 510/14?-1960 fax - www.the-chamber.com )04t. fii NORTHERN Plidil COUNTY amm aQUARTERLY PROGRESS REPORT QU January through throu h March 2006 OF COMMERCE Submitted To: The Town of Oro Valley By: The Chamber Serving Northern Pima County In accordance with Resolution No. (R) 05-67 A Tourism, Visitors Services and General Information • services and information to anyone who has expressed an The Chamber has provided tourism, visitor interest, including town residents and seasonal tourists over the past three months. Below is data on activity that the Chamber has addressed through this quarter. Telephone calls and activity Category Jan'2006 Feb'2006 Mar'2006 Total 1. Member calls for business 134 158 136 428 2. Relocation Packages 53 66 58 177237 3. Information sent/faxed 105 80 52 Membership Calls for new M p 45 22 30 97 5. Office visitors 128 160 144 432 Relocation and Visitor Calls 370 6. General, 411 390 1,171 1. Member calls for business: These are calls from people who are already members of The Chamber who call for any type of Chamber business including referrals. Newcomers Kit for people relocating to the Northerm Pima County area. It 2. Relocation Packages: p p includes an area map, demographics demo ra hics of Oro Valley & Northern Pima County, The Guide, attractions, hotels & restaurants. 3. Information q Calls: Requests for information other than relocation and visitor kits such as maps, demographics and accommodations. 4. Calls for new Membership:: Calls to the Chamber office requesting information for membership with The Chamber of Northerm Pima County. 5. Office visitors: People who visit the Chamber office seeking information. 6. These are calls for a wide varietyof information: We provide the information requested or refer the caller to another source where they can be better served. The previous quarter was another busymonth for the Chamber's visitor center. During that time we welcomed over 400 visits from tourists and seasonal visitors seeking information about Oro Valley, its attractions and amenities. Many of these visitors are not new to Oro Valley. They are seasonal residents and tourist year who return every and visit the Chamber office to get a current street map, our annual Map & Guide and information on upcoming events. During this quarter the Chamber took a veryactive role in the Oro Valley Election. In addition to Mayor'sre-election campaign, the Chamber endorsed Questions 1 & 2 on the ballot, endorsing the both of which were approved byOV voters. Voter approval of the proposed Oro Valley Marketplace was a tremendous win for the community. The Chamber rallied behind Vestar and strongly encouraged its members and their employees to support the project. i t fr r 4 4 tood tor Business. 1 100 West Magee Road,Suite 110 - Tucson,Arizona 85104 - 510/191-1191 phone - 510/141-1960 fax - www.the-chamber.com B. Chamber Special Events 2ND ANNUAL PINNACLE AWARDS- The Chamber recently hosted its 2nd Annual Pinnacle Awards Banquet to celebrate the success and contributions of business and leaders in our community. This year's recipients of the Pinnacle Awards were two Oro Valley businesses and an Oro Valley resident. The were: Hilton El Conquistador- Large Business of the Year Canyon Community Bank- Small Business of the Year Lyra Done- Community Leader of the Year The event took place at the Hilton El Conquistador and we look forward to keeping our annual Pinnacle Awards Banquet in the Town of Oro Valley moving forward. The following are the upcoming special events that the Chamber will host: 1. ANNUAL GOLF TOURNAMENT- Friday, June 2nd at the Omni Tucson National 2. STATE OF THE TOWN OF ORO VALLEY ADDRESS-Thursday, September 14th at the Hilton C. Networking Events The Chamber continues to host regular monthly events where Oro Valley businesses and guests can gather and network. Two of the three events are hosted in the Town of Oro Valley and the third varies in location while most of the time is hosted in the town. The following are when these networking events took place and a breakdown in attendance for the previous three months: 1. The Monthly Membership Luncheon is held on the second Thursday of every month at Michelangelo's Italian Restaurant. Attendance was as followes: o January 12th Luncheon: 73 attendees o February 9th Luncheon: 77 attendees o March 9th Luncheon: 79 attendees 2. The Monthly Chamber Contacts Unlimited Mixer is held the third Tuesday of every month and the location varies. Attendance was as follows: o January 17th Mixer: 41 attendees o February 21st Mixer: 40 attendees o March 21st Mixer: 52 attendees 3. The Monthly Membership Breakfasts is held the last Thursday of every month at the El Conquistador Golf& Tennis Resort. Attendance was as follows: o January 26th breakfast: 133 attendees o February 23rd breakfast: 104 attendees o March 30th Breakfast: 109 attendees D. Ribbon Cuttings The Chamber Ambassadors are pleased to continue to offer ribbon-cutting ceremonies to new businesses. The Chamber hosted the following ribbon cuttings during the last quarter: 1. January 13th- M&I Bank- 10655 N. Oracle Rd. 2. January 20th- Farmers Insurance Group- 190 W. Magee N11111) 3. January 23rd- Sonoran Saints- 10825 N. Oracle Rd., Suite 101 2 4. February 1St- Nail Trix- 10110 N. Oracle Rd., Suite 120 E. Summary On behalf of the Chamber I want to express our appreciation to the town for the support that it continues top rovide the Chamber. We thoroughly enjoy being the ones who open Oro Valley's front door when newcomers and prospective businesses come knocking. The partnership between the town and chamber is mutually beneficial and we look forward to further developing this partnership. 3 The Chamber The Chamber of Northern Pima of Northern Pima County Invoice 200 West Magee Rd., Suite 120 200 West Magee, Suite 120 Tucson, AZ 85704 Tucson, AZ 85704 DATE INVOICE# 4/14/2006 1544 BILL TO Town of Oro Valley Chuck Sweet 11000 N. La Canada Oro Valley, AZ 85737 TERMS DUE DATE 4/30/2006 DESCRIPTION AMOUNT January'06 through April'06 quarterly disbursement in accordance with 6,875.00 Resolution No. (R) 05-67 Thank you for your support. Total $6,875.00 Membership Investments in the Chamber of Northern Pima County are not tax deductible as a charitable contribution, but may be deducted as a business expense. RESOLUTION NO. (R) 05 - 67 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING A FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE NORTHERN PIMA COUNTY CHAMBER OF COMMERCE AND TILE TOWN OF ORO VALLEY WHEREAS, it has been determined that the activities of the Northern Pima County Chamber of Commerce ("Chamber") are in the public interest, and are such as to improve andp romote the public welfare of the Town; and and Council have determined that to financially participate in WHEREAS, the Mayor the promotion of the activities of the Chamber is a public purpose in that the activities direct benefit of a general character to a significant part of the public; and confer WHEREAS, the Town desires to continue to promote a business environment in Oro Valley that enhances economic vitalityand improves the quality of life for its citizenry; and W , HEREAS it is the intent of the Town, subject to the provisions of state budget law, to provide funding to the Chamber as set forth herein; and WHEREAS, the Town and the Chamber desire to continue a general framework for cooperative efforts, especially the general procedures by which the Chamber will assist p and carry out residential relocation, tourism promotion, business retention and usiness recruitment. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Financial Participation Agreement between the Chamber and the Town of Oro Valley (attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 24th day of AUGUST , 2005. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: 9: dui-AL fahan.Melindaath n E. Cuvelier, Town Clerk Town Attorney { 1 TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT THE NORTHERN PIMA COUNTY CHAMBER OF COMMERCE THIS AGREEMENT, made and entered into this 24th day of August, 2005, by and between the Town of Oro Valley, an Arizona municipal corporation, hereinafter called the "Town" and The Northern Pima County Chamber of Commerce, an Arizona non-profit corporation hereinafter called "the Chamber." NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Scope of Services to be Performed by the Chamber. A. Tourism and Visitors Services. 1. The Chamber will provide tourism and visitor's services and information to Town residents and seasonal tourists and anyone indicating an interest in locating a residence in the Town. Services rendered may be in the form of telephone or webpage inquiries, requests for information by mail or walk-in customers. Services shall be rendered in a courteous and professional manner. 2. It is understood by the Town and the Chamber that the Metropolitan Tucson Convention and Visitors Bureau is the primary agency providing tourism enhancement services to the Town. It is the intent of this Agreement for the Chamber to augment tourism and visitors services. B. Business Recruitment, Retention and Outreach. The Chamber will spearhead the implementation of a "Business Outreach Program" that will provide a number of opportunities to strengthen networks among area businesses and local government. The Chamber will initiate these contacts each month with area business owners. These meetings will take place on a regular basis and will address issues that affect local business, help establish relationships between local businesses and provide an outlet for topical discussions. C. The Chamber shall work to assist the Town in emphasizing the importance of supporting local retailers/businesses through educational and promotional efforts. D. Special Events Calendaring. The Chamber and the Town will work closely together and reciprocate timely and cooperative communications with each other regarding special events that promote the Town such as ribbon cutting/grand opening ceremonies for local Town businesses. The Chamber will be designated as the lead agency with regard to the ribbon cutting/grand opening ceremonies. The Chamber will maintain a Master Calendar to promote coordination and mitigate the possibility of calendaring conflicts for said special events. 111, paid• bye dues to bthe Town shall be included as E. Annual Chamber membership part of the monetary consideration of this Agreement. Section 1.2 Responsibility for Open Records. thepublic all records relating to any funds directly The Chamber agrees to make open to . Pima Countyand any other municipal / government funding received from the Town, _ . sources that the Chamber distributes to other organizations or individuals. 4 Section 1.3 Evaluation Criteria and Reporting. submit to the Town, by the 10th working day after the A. The Chamber agrees to . ofthe calendar quarter, reports addressing the progress of the Chamber in close p achieving its scope of services as outlined in Section 1.1 of this Agreement. In p order to assess the impact of the Chamber, the Town, through its designated reserves the right to evaluate performance, and the Chamber will representative, g cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. reports shall address but are not limited to the number of inquiries for B. Progress p relocation, inquiries for tourism information, number of information packets sent the pursuant to inquiries and, with regard to business recruitment and retention number of leads, prospects and site visits. NOP Section 1.4 Accountability. The Chamber shall maintain a true and accurate accounting system which meets A. acceptableaccounting practices of the accounting profession, and which is properly capable of accounting on a timely basis for all expenditures and receipts of the Chamber. B. implement Chamber shall im lement an accounting system which will comply with the accepted generallyted auditing principles and with the provisions of the AICPA audit p guide for nonprofit corporations. C. The Chamber shall provide the Finance Department of the Town, within three months after the close of the Chamber's fiscal year with: 1. An annual accounting, or 2. A copy of an outside audit of the Chamber for the time period approximating the period of the Town Agreement, together with any Chamber response to audit findings. At any timeduring, and up to a period of five (5) years after completion of this Agreement, the Finance Department of the Town or designated Town agent will beg iven access to the audit records of the Chamber for the Town's internal audits. • Section 1.5 Term of Agreement. This Agreement between parties as described above shall be effective from July 1, 2005 through June 30, 2006. Section 1.6 Termination. This Agreement may be terminated at any time by mutual written consent, or by either party giving thirty (30) days written notice to the other party, or at such time, as in the opinion of the Town, the Chamber fails to perform its obligations. ARTICLE 2 FUNDING Section 2.1 Payment. A. It is the intent of the Town that the Chamber receives from the Town an amount of$27,500.00 for the period July 1, 2005 through June 30, 2006. Funding shall be paid in equal installments by the 20th day of the 9th month and the 10th dayof 1st, th 10th the 1 , 4 , and months of the Agreement upon receipt of a written request for payment from the Chamber. B. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: 1. Services were not rendered. 2. The Chamber failed to supply information or reports after reasonable requests. 3. The Chamber is not in compliance with agreed upon disbursement documentation and/or other project performance. 4. Any deficiency in performance, as described above, shall be outlined in detail to the Chamber at least thirty (30) days prior to the withholding of payments under the Agreement. The Chamber shall, within twenty (20) days of receipt of such correspondence, respond to the concerns outlined in the Town's correspondence. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. C. The Chamber shall actively solicit memberships as well as financial participation by Pima County and other incorporated cities and towns who benefit from the services provided by the Chamber. • • r - 41110, ARTICLE 3 MISCELLANEOUS TERMS AND CONDITIONS Section 3.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Chamber agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees and the Town's insurance carriers, individually and collectively, from any and all losses, claims, suits, demands, expenses, subrogations, attorney's fees, or actions of any kind and nature resulting from personal injury (including bodily injury and death) to any person, including employees of the Chamber or any subcontractor employed by the Chamber, or damages to any property or any other losses, claims, suits, demands, and/or expenses arising or alleged to have arisen out of this Agreement or the work to be performed hereunder, except any such injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. C. Insurance. 1. The Chamber shall obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Chamber will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit a. products and $100,000 Property Damage completed operations 141110, Section 3.2 Conflict of Interest. The Chamber agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Chamber. Y A Section 3.3 Purchasing. hi purchasing contracts for goods and services, the Chamber agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by the Chamber in the selection of said goods and services. Section 3.4 Independent Contractor. The parties stipulate and agree that Chamber is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its own insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of the Chamber herein. Section 3.5 The Chamber shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, the Americans with Disabilities Act, and shall indemnify and hold harmless the Town for any liability arising from failure of the Chamber to comply with said acts. Said indemnification to include the costs of suit. Section 3.6 Agreement Amendments. By mutual consent of both the Town and the Chamber, this Agreement may be re-opened for renegotiation of and/or the addition/deletion of amendments. Any request for renegotiation shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within thirty (30) days of the receipt of the request. Any change to this Agreement will be approved by Mayor and Council and the Board of Directors of The Chamber. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. NORTHERN PIMA COUNTY CHAMBER O e MMERCE yr _:A►r Signatiffill"P'- . yçg A, Title • (kW State of Arizona ) ss. County of Pima ) On this day of , 2005, , known to me to be the person whose name is subscribed to the within instrument, personally appeared before me and acknowledged that he/she executed the same for the purposes contained. Given under my hand and seal on , 2005. Notary My Commission Expires: TOWN OF ORO VALLEY, an Arizona municipal corporation Paul H. Loomis, Mayor ATTEST: Kat yn E. Cuvelier, Town Clerk APPROVED AS TO FORM: -7 Melinda Garral�n, own Attorney Date: f/ 4/O S� TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: Metropolitan Tucson Convention and Visitor's Bureau Quarterly Report: January 1, 2006 — March 31, 2006 SUMMARY: The 2005/2006 Fiscal Year Financial Participation Agreements (FPA) between the Town of Oro Valley and the Metropolitan Tucson Convention and Visitor's Bureau (MTCVB) stipulates that a Quarterly Report be compiled by the MTCVB and presented to the Council in the month following the end of each calendar quarter. The enclosed report satisfies the FPA requirement for the second quarter of the 2005/2006 Fiscal Year. ATTACHMENTS: MTCVB Quarterly Report Resolution No. (R) 05-66 c_ C uck Sweet, TowManager 41. .in a) -t6 0 0 E-s a) > ,_ va 0. 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(R) 05- 66 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING FINANCIAL PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU AND THE TOWN OF ORO VALLEY WHEREAS, it has been determined that the activities of the Metropolitan Tucson Convention and Visitors Bureau ("MTCVB") are in the public interest, and are such as to improve and promote the public welfare of the Town; and WHEREAS, the Mayor and Council have determined that to financially participate in the promotion of the activities of MTCVB is a public purpose in that the activities confer direct benefit of a general character to a significant part of the public; and WHEREAS, the Town desires to continue to promote a business environment in Oro Valley that enhances economic vitality and improves the quality of life for its citizenry; and WHEREAS, it is the intent of the Town, subject to the provisions of state budget law, to continue to provide funding to MTCVB as set forth herein; and WHEREAS, the Town and MTCVB desire to continue a general framework for cooperative efforts, especially the general procedures by which MTCVB will assist and carry out residential relocation, tourism promotion, business retention and business recruitment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, authorizing the approval of the Financial Participation Agreement between MTCVB and the Town of Oro Valley (attached hereto). BE IT FURTHER RESOLVED that the Mayor and Town administrative officials are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 24TH day of AUGUST , 2005. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: i Kat n E. Cuvelier, Town Clerk Melinda G. :han, Town Attorney TOWN OF ORO VALLEY FINANCIAL PARTICIPATION AGREEMENT METROPOLITAN TUCSON CONVENTION and VISITORS BUREAU a o THIS AGREEMENT, made and entered into this y 2005, by and between the Town of Oro Valley, an Arizona municipal corporation, hereinafter called the "Town" and Metropolitan Tucson Convention and Visitors Bureau, an Arizona non- profit corporation hereinafter called the "Bureau". NOW, THEREFORE, in consideration of the foregoing, the parties do mutually agree as follows: ARTICLE 1 Section 1.1 Responsibilities of the Bureau. A. Goals Statement. The Metropolitan Tucson Convention and Visitors Bureau will initiate, implement and administer a comprehensive sales promotion and advertising program to attract an increasing number of convention delegates and vacationing tourists to the Town, thereby providing revenues to the community through transient rental and sales taxes, and contributing to the overall economic growth and continued viability of the tourism and hospitality industry. B. General Operational Objections. The Bureau agrees to actively pursue the objectives outlined below throughout the terms of this Agreement. C. Bureau Administration 1. Provide administrative control over all Bureau programs within the guidelines established by the Bureau's Executive Committee. 2. Provide administrative and managerial direction in the planning, implementation and coordination of all Bureau operations. 3. Provide recommendations for the Bureau's financial and managerial policies to the Executive Committee. 4. Provide policies to increase the number of major conventions and trade shows; the volume of off-season business and to increase community awareness in the Bureau's purpose, activities and achievements in order to ensure the Bureau's base of membership funding. D. Convention Sales Attract an increasing number of conventions to Oro Valley, particularly in the off- season ffseason (May to November) by: 1. Use of exhibit booth and sales personnel at trade shows, expositions, and conventions. 2. Personal contact, direct mail, and telephone solicitation of meeting planners and association executives. 3. Providing meeting planners and association executives with a complete tour of Oro Valley facilities and attractions. 4. Use of speaking engagements and public service announcements seeking the cooperation of local citizens in attracting organizations of which they are members to hold their conventions in Oro Valley. 5. Providing the services to conventions booked, and the coordination of the various facilities used, to ensure successful meetings and repeat business. 6. Providing all services of satellite offices, New York City, Washington, D.C. and Chicago. E. Tourism Development Increase the number of foreign tourists and U.S. citizens visiting Oro Valley by: 1. Use of coordinated advertising campaign to reach significant foreign and domestic target area markets. 2. Answering promptly all inquiries from potential visitors; Preparation and distribution of promotional material to travel agents, tour operators, and travel writers. 3. Use of exhibit booth and sales personnel at travel trade shows and expositions attracting travel agents, tour wholesalers, motor-coach group tour representatives, and incentive travel companies. 4. Invitations to foreign group tour operators to visit Oro Valley as part of their itinerary on State-promoted tours; 5. Providing familiarization tours of Oro Valley attractions and facilities to visiting travel agents, tour operators, and travel writers. 6. Active participation in programs and promotions sponsored by the Arizona Office of Tourism, a state agency. 7. Respond to tourism inquiries received at the Town Home Page. F. Membership Program Implement programs as membership development, retention and support as follows: 1. Identify categories of membership and prospective members within the selected categories. 2. Develop and implement an equitable membership dues structure. 3. Develop and implement a membership billing and annually reviewed billing system. 4. Develop a program for continued liaison with members designed to insure continued membership retention. 5. Develop and implement a program designed to increase Bureau's membership base. 6. Continue a program of desirable membership activities to enhance the lines of communication between the membership, the Bureau's staff and various committees. ARTICLE 2 Section 2.1 Specific Services to be Performed by the Bureau. Bureau objectives for FY 2005/2006 (July 1, 2005 - June 30, 2006) 1. To attract an increasing number of conventions to Oro Valley particularly in the off-season (May to November). Among the goals established to meet this objective for Fiscal Year 2005/2006 are to increase the MTCVB-initiated leads for room nights to 295,000, and group sales leads to 1,180. 2. To increase the number of foreign tourists and U.S. citizens visiting Oro Valley. The Bureau expects 633 travel articles to be published as a result of their work with travel writers. 3. To implement programs of membership development, retention, and support. The Bureau plans to achieve membership investments in the MTCVB of$ 280,000. 4. The Bureau shall utilize its sales manager to generate leads for convention meetings and tours to promote Oro Valley and will specifically conduct familiarization trips which will include the Oro Valley area. 5. As part of the Bureau's participation in trade shows, Bureau agrees to provide and 1114 furnish materials pertaining to Oro Valley. 6. Bureau agrees as part of its official visitors guide to feature Oro Valley in the visitors guide, calling attention to the points of interest and attractions in the Town. This feature shall include a map of the Oro Valley area. 7. Bureau agrees to assist in helping produce a brochure in the event that the Town obtains funding through the Arizona Office of Tourism Community Cooperative Advertising Program. The photographs for the brochure will be provided by the Bureau. The Bureau agrees to display in a prominent area in the Bureau offices the Oro Valley brochures. In addition, the Oro Valley brochure will be included in all responses requesting relocation information. Events in the Town that would be of interest to visitors of which the Bureau has been advised by the town shall be included in the bi-monthly publication of the Bureau. The lure brochure published by the sales department shall include information pertaining to Oro Valley. 8. A position on the board of Directors shall be maintained for an elected official from the Town. 9. The Bureau shall provide a semi-annual report of its activities as they pertain to the Town and will include the Town in the acknowledgement that it places on all publications and press releases similar to the following: "The Metropolitan Tucson Convention and Visitors Bureau is an independent, non- profit corporation dedicated to supporting the Tucson area as a visitor and convention destination. It is financially supported by the City of Tucson, Pima County, the Town, and its individual and business members." 10. Bureau agrees to maintain as part of its library slides and photographs for the use by its clients, photos and slides provided to the Bureau by the Town. Section 2.2 Responsibility for Open Records. With the exception of expenditures for contractual services, the Bureau agrees to make open to the public all records relating to any funds directly received from the Town, City of Tucson and Pima County, which the Bureau distributes to other organizations or individuals. Section 2.3 Evaluation Criteria and Reporting. The Bureau agrees to submit to the Town Council reports addressing the progress of the Bureau in achieving its objectives. In order to assess the impact of the Bureau, the Town, through its designated representative, reserves the right to evaluate performance, and the Bureau will cooperate and use its best efforts to provide access to all pertinent information reasonably necessary to make evaluations. Section 2.4 Accountability. The Bureau shall maintain a true and accurate accounting system which meets acceptable accounting practices of the accounting profession, and which is capable of properly accounting on a timely basis for all expenditures and receipts of the Bureau. The Bureau shall provide the Finance Department of the Town, within three months after the close of the Town's fiscal year with: 1. An annual accounting, or 2. A copy of an outside audit of the Bureau for the time period approximating the period of the Town Agreement, together with any Bureau response to audit findings. At any time during, and up to a period of five (5) years after completion of this Agreement, the Finance Department of the town or designated Town agent will be given access to the audit records of the Bureau for the Town's internal audits. Section 2.5 Term of Agreement. This Agreement between parties as described above shall be effective from July 1, 2005 through June 30, 2006 and may be extended for two additional fiscal years so long as: 1. The Mayor and Council of the town determine the services of the Bureau are in isal) the public interest and allocate funds therefore, and 2. the parties mutually agree as to scope of services to be provided by the Bureau in any subsequent fiscal year. At the end of the third fiscal year referred to above, the provisions of this agreement will be subject to review and renegotiations by the Town and the Bureau. Section 2.6 Termination. This Agreement may be terminated at any time by mutual written consent by either party givingninety (90) days written notice to the other party. Further, the Agreement may be terminated for good cause by either party with thirty (30) days written notice to the other party.. For purposes of this agreement good cause shall include but not be limited to the inability of either party to meet its financial obligations under this Agreement. ARTICLE 3 FUNDING Section 3.1 Payment. A. It is the intent of the Town that the Bureau receives from the Town an amount mutually agreed upon and measured by the first one percent (1%) of the Bed Tax Revenues collected by the town. Disbursement of funds by the Town is subject to the annual appropriation by the Town Council and the limitations of the state budget law. It is the intent of the Town that the Bureau receives from the Town seventy-five percent (75%) of the first one percent (1%) of the Bed Tax Revenues actually collected by the Town for each previous month. Payments shall be made on a monthly basis commencing July 1, 2005. Payments are to be made within forty (40) days after the close of each preceding month. B. It shall be the responsibility of the Bureau to obtain funding from sources other than the Town. Financial participation agreements with other governments and government agencies, grants, donations, memberships and any other sources of funding as may become available from time to time shall be included as part of the annual budget submission. C. Method of Payment. The Town may, as a result of subsequently discovered evidence, withhold whole or part of the scheduled payment as may be necessary because: 1. Services were not rendered. 2. The Bureau failed to supply information or reports after reasonable requests. 3. The Bureau is not in compliance with agreed upon disbursement documentation and/or other project performance. 4. The Bureau failed to make required payments to subcontractors. When the reasons for withholding payments have been corrected to the satisfaction of the Town, any amounts due shall be processed. ARTICLE 4 ACCOUNTABILITY Section 4.1 The Bureau shall implement an accounting system which will comply with the generally accepted auditing principles and with the provisions of the AICPA audit guide for nonprofit corporations. Section 4.2 The Town shall incur no liability for ineligible expenses and such shall be the sole responsibility of the Bureau. ARTICLE 5 MEMBERSHIPS AND OTHER FUNDING Section 5.1 The Bureau shall actively solicit memberships as well as financial participation by Pima County and other incorporated cities and towns who benefit from the services provided by the Bureau. Section 5.2 The Bureauassures the Town that it will endeavor to maintain ongoing funding levels from Pima County consistent with the provisions of A.R.S. § 42-6108 and ongoing funding levels from the City of Tucson. If either the Pima County Board of Supervisors or the Tucson City Council fails at any time during the term of this Agreement to make the full allocation pursuant to their respective agreements with the Bureau, the Bureau and Town mutually agree to renegotiate this Agreement. Section 5.3 In each fiscal year, the Bureau will specify in a Memorandum of Understanding, to be entered into each year by the parties, the percentage that it will attempt to achieve in other funding. ARTICLE 6 MISCELLANEOUS TERMS AND CONDITIONS Section 6.1 Hold Harmless and Insurance Provisions. A. Indemnification. The Bureau agrees to indemnify and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers, employees and insurance carriers, individually and collectively (the "Town") fromall losses, claims, suits, demands, expenses, subrogation's, attorney's fees or actions of any kind and nature resulting from personal injury to any person (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of either (1) the Bureau's negligent performance of the terms of this Agreement, or (2) any of the Bureau's acts or omissions, except to the extent attributable solely to a negligent act or omission of the Town. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of indemnity in this paragraph. B. Insurance. 1. Obtain insurance coverage of the types and amounts required in this section and keep such insurance coverage in force throughout the life of this Agreement. All policies will contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation, or reduction in coverage in any policy. 2. The Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance policies will include the Town as an additional insured with respect to liability arising out of the performance of this Agreement. 3. The Bureau will provide and maintain minimum insurance limits as follows: COVERAGE AFFORDED LIMITS OF LIABILITY Workmen's Compensation Statute Employer's Liability $100,000 Comprehensive General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit a. products and $100,000 Property Damage completed operations Comprehensive Automobile $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit Including: non-owned $100,000 Property Damage leased, hired vehicles Section 6.2 Conflict of Interest. The Bureau agrees that the provisions of A.R.S. Title 38, Article 5, "Conflict of Interest of Officers and Employers", apply to all the transactions of the Bureau. Section 6.3 Open Meeting. The Bureau agrees to conduct its business in compliance with the provisions of A.R.S. Title 38, Article 3.1 "Public Meetings and Proceedings". Section 6.4 Purchasing. In purchasing contracts for goods and services, the Bureau agrees that it will implement and maintain policies and procedures that insure, wherever feasible or practical, that there will be announced, documented, competitive bidding for such contracts so that the potential effectiveness, as well as cost factors, are considered by the Bureau in the selection of said goods and services. Section 6.5 Performance Evaluation. In order to assess the impact of the Bureau, the Town reserves the right to evaluate performance. Information desire by the Town which is pertinent to this evaluation will be made available for this purpose by the Bureau at the Town's request. Section 6.6 Independent Contractor. The parties stipulate and agree that Bureau is not an employee of the Town, and is performing its duties hereunder as an Independent Contractor, supplying its own employees, and maintaining its won insurance, workman's compensation insurance, and handling all of its own internal accounting. The Town in no way controls, directs or has any responsibility for the actions of the Bureau herein. Section 6.7 The Bureau shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, and shall indemnify and hold harmless the Town for any liability arising from failure of the Bureau to comply with said act. Said indemnification to include the costs of suit. Section 6.8 Agreement Amendments. By mutual consent of both the Town and the Bureau, this Agreement may be re-opened for renegotiations of and/or the addition/deletion of amendments. Any request for renegotiations shall be in writing, detailing the requested changes. A meeting to discuss the changes shall be held within 30 days of the receipt of the request. Any change to this Agreement will be approved by Mayor and Council. Section 6.9 For each year that the Mayor and Council appropriate funds for the Bureau pursuant to Article II above, the Bureau shall enter into a Memorandum of Understanding with the Town. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU q/g- Signature t Title State of Arizona ) ) ss. County of Pima ) thisFCLSf , 2005, r-i n 1 c/kerknown to me to be he person whose name is subscribed to the within instrument, appeared personallya eared before me and acknowledged that he/she executed the same for the purposes contained. Given under myhand and seal on 7LLQ / , 2005. Notary Public Stabs of „�••. Pima County r71 + j Ronda Thomas Expires March 23,20641 Notary My Commission Expires: 010.--u, . 2_0 • TOWN OF ORO VALLEY, an Arizona municipal corporation Paul H. Loomis, Mayor ATTEST: � r Kathryn,' Cuvelier, Town Clerk APPROVED AS TO FO : Melinda Garrahan • n Attorney Date: Vc›?-40/0r ri 4 Y TOWN OF ORO VALLEY 2_ Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: May 1 7, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: HONORABLE GEORGE DUNSCOMB SUBJECT: ORDINANCE NO. (0) 06- 07 ; AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 5, MAGISTRATE, SECTION 5-5-1, FEES, DECREASING THE DEFAULT JUDGMENT FEE FROM $50.00 TO $25.00 AND INCREASING THE DEBT SETOFF FEE FROM $9.00 TO $10.00. SUMMARY: Municipal courts may charge administrative and other fees which have been approved by their respective town councils. A substantial amount of time is expended by Court personnel monitoring programs for those convicted of offenses or in dealing with non-complying defendants. The purpose of this ordinance is to transfer some of the financial burden of these costs to those whose conduct has resulted in these costs being incurred. FISCAL IMPACT: N/A RECOMMENDATION: Approval ,,,iUGGESTED MOTION: I hereby move to approve Ordinance No. (0) 06- 07 ; Amending the Oro Valley Town Code, Chapter 5, Magistrate, Section 5-5-1, Fees, Decreasing the Default Judgment Fee from $50.00 To $25.00 and Increasing the Debt Setoff Fee from $9.00 to $10.00 ATTACHMENTS: Ordinance No. (0) 06- 07 ; Amending the Oro Valley Town Code, Chapter 5, Magistrate, Section 5-5-1, Fees, Decreasing the Default Judgment Fee from $50.00 to $25.00 and Increasing the Debt Setoff Fee from $9.00 to $10.00 AltaLi4 George Dunscomb, Tow ' agistrate I...A dAa.4144� / elfin I a Garrah. •wn Attorney i ,/ if Chuck Sweet, own Manager ORDINANCE NO. (0) 06-___Q7 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 5, MAGISTRATE, SECTION 5-5-1, FEES, DECREASING THE DEFAULT JUDGMENT FEE FROM $50.00 TO $25.00 AND INCREASING THE DEBT SETOFF FEE FROM $9.00 TO $10.00; AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH. WHEREAS, Chapter 5, Magistrate, Article 5-5 of the Oro Valley Town Code regulates Magistrate Court Fees; and WHEREAS, pursuant to A.R.S. § 22-404(E), the Town may establish and assess fees for court programs and services; and WHEREAS, the Oro Valley Magistrate Court is required by current Town Code to collect $50.00 from each defendant who fails to appear on a civil traffic violation filed in the Court or who fails topay the civil sanction as ordered, unless the default is set aside pursuant to the Rules of Procedure in Civil Traffic Violation Cases; and WHEREAS, the actual cost of processing a default civil case is less than $50.00 per violation; and WHEREAS, the assessment of the current Default Judgment Fee of$50.00 imposes a hardship on a significant number of defendants, is in excess of what similar courts are collecting and the interests ofJ justice would indicate a reduction of the Default Judgment Fee to $25.00 would be in order; and WHEREAS, a fee of $9.00 is being assessed to each defendant when the defendant's case is entered into the Debt Setoff System; and WHEREAS, the expenses to process Debt Set Off cases have increased and the Oro Valley Magistrate Court would like to increase the fee by$1.00 to $10.00; and WHEREAS, the Oro Valley Magistrate Court cannot change any fee not authorized by state statute without the approval of the Mayor and Town Council. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as Oro Valley Town Code, Chapter 5, Magistrate, Article 5-5, Magistrate Court Fees is hereby amended as follows: SECTION 1. Section 5-5-1 Fees is amended as follows, with additions being shown in ALL CAPS and deletions being shown in Strikeout-text: F:\Magistrate\Misc\Fee Ordinances\Ord Default Judgment Fees final.doc Town of Oro Valley Attorney's Office1032706 1. Default Judgment Fee: The Court shall order the payment of a $50.00 $25.00 fee by each defendant who fails to appear on a civil traffic violation filed in the Court or fails to pay the civil sanction as ordered, unless the default is set pursuant to the Rules of Procedure in Civil Traffic Violation Cases. 8. Debt Setoff Fee: A fee of$9.00 $10.00 shall be assessed to each defendant when the defendant's case is entered into the Debt Setoff system. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolution, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSES AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 3rd day of May , 2006. TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney F:\Magistrate\Misc\Fee Ordinances\Ord Default Judgment Fees final.doc Town of Oro Valley Attorney's Office/032706 - ORO VALLEY WATER UTILITY MEMORANDUM TO: Honorable Mayor & Council Members FROM: Shirley Seng,Water Utility Administrator DATE: May 17,2006 SUBJECT: Communications Received on Proposed Water Rates Attached please find the details to the communications received by the Water Utility regarding the proposed water rate increase that will considered tonight. The following is a summary of all communications: Telephone calls 10 E-mails 1 Letters 1 Telephone calls concerning the Public Hearing Notice were received by the Utility: May 3, 2005 Unidentified caller Requested an explanation of the usage contained in the tiers. Unidentified caller Requested an explanation of the usage contained in the tiers. Mr. W.E. Pritchard Requested an explanation of the usage contained in the tiers, asked the size of his water meter, and wanted to know when CAP will be delivered to Town residents. He also had questions regarding drought restrictions. He completed his call by letting us know he "likes our water". May 5, 2006 Mr. Don Teiser He stated that the increase in rates looked fine, but said that he uses more than the average 10,000 gallons per month. He wanted to know how he could reduce his usage. We explained our residential audit program and provided him the information to schedule an audit appointment. Mr. Dick Maes He asked several questions: What was the cost for construction water going to be? He asked for an explanation of the tiered water rates for 1-inch and 2-inch meters. He asked if the reclaimed rates were also going to be increased. He asked if turf rates were tiered and if turf meant all irrigation such as roadway medians. May 8, 2006 Ms. Joan Gallagher Customer came into the office to discuss the tiered rates and water conservation. May 9, 2006 Mr. Ronald Horn Requested an explanation of the base rate and the usage contained in the tiers. He commented that he was pleased with his own usage. He confirmed the Public Hearing date and time. Ms. Barbara Ansell Requested an explanation of the usage contained in the tiers. Seng, Shirley -rom: Seng, Shirley §00ent: Thursday, May 11, 2006 8:44 AM To: 'tucsondave comcast:ne Cc: Loomis, Paul; Abbott, Paula; Carter, Kenneth; Culver, Conny; Dankwerth, Helen; Gillaspie,Barry; Sweet, Charles; Saletta, Philip Subject: RE: Water Rate Increase Dear Mr. Ericsson: Thank you for your e-mail sent May 7, 2006 regarding the proposed water rate increase. I would like to take this opportunity to briefly explain our water rate structure. The monthly base rate is designed to recover fixed costs. Fixed costs are those that the Utility incurs just to provide water service to each customer, regardless of how much water is delivered to each customer. In order to assure that these costs are recovered equitably, they must be shared by all benefiting customers regardless of the amount of water used. Fixed costs include, but are not limited to, meter reading labor, administrative labor for billing and collection, postage, billing forms, office supplies, vehicles and related expenses, communications, uniforms, principal and interest on outstanding bonds, water quality testing, and regulatory expenses. Different sized meters have the capacity to deliver different volumes of water. Based on this, higher base rates are charged for the larger meters. The commodity rate (amount charged per 1,000 gallons) is designed to recover the costs to produce and deliver the water to our customers. These costs include, but are not limited to, electric power for pumping, labor to operate and maintain the production and distribution facilities, repair and maintenance of the production and distribution facilities and disinfection costs. The commodity rate is tiered to encourage §soonservation. As you use more water, the more expensive it becomes. Our rates are ultimately designed for revenue stability and to equitably recover our costs. The Water Utility must remain financially solvent to continue to deliver safe, reliable water to our customers now and in the future. Again, thank you for taking the time to express your thoughts on the proposed rate increase. Should you have any other questions or need additional information, I may be reached at (520) 229-5013 or sseng@orovalley.net. Sincerely, Shirley Seng Utility Administrator Oro Valley Water Utility 11000 N. La Canada Dr. Oro Valley, AZ 85737 Original Message From: Saletta, Philip Sent: Wednesday, May 10, 2006 1:53 PM To: Seng, Shirley Subject: FW: Water Rate Increase 41whilip C. Saletta, P.E. Water Utility Director Town of Oro Valley 11000 N. La Canada Drive 1 ...OVitT14-1,'";., :rates TOWN OF ORO VALLEY i'y r,•. ;' .,.:, , �, i� � : Water Utility -_ 11000 N. La Canada Drive rni0024. Oro Valley, Arizona 85737 7-. (520) 229-5000 Fax (520) 229-5029 'yam_'#`- '=;y►�l�" A- °UNDED�°�'t May 9, 2006 Mr.Bill Kelley 1816 E. Anza Way Oro Valley, AZ 85755 RE: Groundwater Preservation Fee Dear Mr. Kelley: Thank you for your letter dated May 6, 2006 regarding the use of Groundwater Preservation Fees (GPF). The GPF was established in October 2003 as a means to generate revenue needed to help fund capital projects that would deliver renewable water resources to the Town. Renewable water resources include reclaimed water and Central Arizona Project (CAP) water. The use of renewable water resources will preserve our groundwater supply for future generations. We believe that all citizens in the Town of Oro Valley will benefit from the use of renewable water resources and as such, the GPF is charged to all customers of the Utility, regardless of the type of water they are using. The Utility began delivering reclaimed water to 3 golf courses in November 2005. Reclaimed water is reused and treated wastewater that undergoes an additional level of treatment to make the water suitable for irrigation. Since that time, the golf courses have used approximately 200 million gallons of reclaimed water. Prior to November 2005, these golf courses were delivered potable groundwater. The second phase of our reclaimed water system is now being designed. -Itis anticipated that 2 additional golf courses and an elementary school will be receiving reclaimed water by July 2007 when this second phase is completed. The GPF will also be used to help fund infrastructure that will treat and deliver CAP water in the near future: The Town is currently partnering with other regionalwater providers on a CAP water pilot study t6 evaluate treatment methods and brine disposal options. Direct delivery of CAP water will be a significant project that could take '7 to 10 years to complete. In addition to the use of renewable water.resources�like_;reclaimed water and CAP water, the Town is studying a potential recharge project in Big Wash• We are also involved with kir . . . . .. .. .___•_.... ... .........i. •rw ...._._... 's.. ._ ... ........ ... .... ....._....... _ ... .... ... _ ...r ' • • .. . �. •• •rte .. - ... . kir Philip C Saletta, P.E. Water Utility Director May, 6, 2002 ." Oro Valley Water Utility v›. 11000 N. Canada Drive Oro Valley, AZ 85755 •`` �✓y ,j 1VJ °21Z 970 • Sir: I was reading a circular put out by your office concerning the forthcoming Public Hearing on the increase in our water rates. In this publication was a statement about raising the "Groundwater Preservation Fee". I would like to know just how this fee is used to support the Groundwater Preservation. I hear a lot of talk about conservation of our groundwater, and about recharging the aquifer. However, I don't hear or read of a lot being accomplished to try and meet this objective. When I lived in this valley fifty years ago, a reservoir or dirt tank was build just north of Ajo road (it was a dirt road then) all the runoff from the rain(including the monsoon) was channeled into this reservoir. Of course a lot of this water did evaporate, but much was used in construction and other uses. In the earlier days in these lands (in some area they still exist) the Indians would terrace the land such that the rain water did not just run off, and that way much of the rain was captured and went into the ground. However, nowadays the rain goes to the Santa Cruz River and eventually (I believe) ends up in the Gulf of California. ateJ Bill Kell 1816 E. Anza Way Oro Valley AZ 85755 • §siv c" .1:71 i911-P7r Town of Oro Valley Public Hearing Proposed Water Rates May 17, 2006 "�'fq � � 4y z4 eY"�.^✓ >� Y _.p 6 T r�,%N f- ^ n. � � y Y'tA� �v+`.w;q���.� �`���'rs�7t 5''?/.. ��.�v�(so � r��'^�`}� e� v,•y,� z y..� ��,s;'�+'fl,`�.s. o� *SO $;�BY . '1G. ,(a�,�#-r��91•c"�FY t 5 � ��s ry y ? �H Z •:.e,.. Sp, ;9��iJ'r (;^ e YSSstk<v���N;K�c+'�'" 's^^ � 9� { c,R �o r�0,w< yµ� ^x. �,,�'rf'�%yN'���,� � �'�FS`7>�a o �`D �:v°➢Y��/��!'.%#, r z���t d �&. "'7 r. ,yy"E^4,:: � a c�N'�9�:i)r&Y`Jr/. L.�:.c;:.J r<< .c,,s :�r. �y G 3 ,e'�..��°.�(�i4�'Ld''7' �f p;� h S'SYN NJ i.f, f.1/,. .N ) 4C .3� '^ �A7p".`^tt(L 'btlb% AMWgO'r0.w Y'>-?l•`(�'••t'��SGP.N, 1faa�G.1.�iYN�M%NVAN^SC('bw.�!ptIADeYATNR.Q�LXWFYVIAQY�Y%YY�i tJk{TINTP`tl�iMY •- Overview • Financial Considerations • Financial Analysis • Assumptions • Preferred Financial Scenario • Recommendations for Rates • Impact to Customers • Public Comments Received • Review of Process & Schedule ‘c, Preferred Financial Scenario Assumptions • Growth — 400 new connections annually • Enterprise cash reserves used for potable system capital projects in first 3 years • Capital improvements for potable system to be financed in 2009 • Rate increases: 5% to 6% • AWRD Fund pays for new CAP Water allocation of 3,557 AF in FY 2007-08 • GPF transferred to AWRD for debt service 46, d am'Y.•`a16/o'•.`ie=• CR":,,,,W*Nrlek .r '"' 'r�'R''a 4 ua �s?'E3ydh ,y .P• 3 9$Y^t:} .1° ( 4:::0" 16hrA�t' >,qyt .r'4.,4 ka '#.a:1`fi'3V ..J' r-•: + A 3<•"' >`iC38'2rr.:e.-- Q F.iZ iEeWt E .9wix. Scenario FinancialPreferred Assumptions • Enterprise Fund to advance cash to AWRD to design & construct Phase 2 Reclaimed System • Enterprise cash reserves advanced to AWRD Fund to be repaid directly by impact fees collected or through bond or loan proceeds in 2007 • CAP Water Development estimated at $70 M with $5 M debt service in FY 2010-11 • Meets debt service ratio requirement of 1.30 • Meets required cash reserves of 5% of Budget y .v> a a' Ca,�¢ �+'�i, i^�yrrgtr, F"�'r.^e-•�i^^*��%L'���' , .. ...... - ...i.... :,• ,......_.__.._.........._._......:.._.......... ......_.__.. '.'ansa;i.,i4i;6�,rmt'" a-�:eeyv:+Eon"Snaa+na....... ,. %10 3 r . kap Recommendations for Rates • Backflow Permit Fee: From $35 to $50 Basis - Increased costs for monitoring program • Hydrant Meter Relocation Fee: T&M Currently no fee in place Basis—To recover labor and material costs • Construction Inspection Fee: Increase per foot Propose $1,350 for 0-500 ft., $1.30 per ft. after Basis—This per foot cost reflects increased labor& equip. costs • Conduct AWRD & DIF impact fee analysis in 2006 Basis—A detailed analysis needs to be performed and reviewed prior to making a recommendation for any changes to the impact fees ,,,4,-'ArrirNtrVk y�° ;;01A;-..,1,-,.,.. ro z,Rliii:�N{ �..v i x',`,44,'„,;'„ ,y !;,,,A;,-;# ;'`y...4k o.< ..., n 3`git ` !;;I y'3'r�"., ''1,17P 3',r: ,: !' r t R r : � .;"W, i>r< �.zryl� E 3' ,�'"`£��<�Zi'� :ri �„Ky h .I x 4': K" ,y i 3;,�.�.t s�*���`h?X K'�R y. 'l'''''�'it��'b�.i ,y"x'.,,,35 '4444 '.1,,,.r r„�,'1�., �.:{'rat�> g�' d �r�! �h <�y f�Y'3�y,d�.�,..S�+.Y^3y_x N, �„R/C g n��'.l7 Y�,l��1 sI'�r:73'i!r <.x. :nif.', �.[,JuY. -.c ,,t`lli r�' �3 r.,� <�h 5 �µz�,�v, ! ry,�5y�-q!�,>q i°�` f�,5� .5 �!�l�13 ,7� .w�� { S '� . '' .'' 'liw'Zi".LL'Ir# ✓iPO M4N:1�:A 4T;,: Yl1[43 $ivr7i7.'At9Rt' i7Mah.it„ ,....oQb300Av2!!:4t a' tig o p'X'.,„.... iliillie Impact Customers • Average residential customer would experience a $2.00 increaseper month. p • With tiered rate design, the more water you use, the more you pay. • Contractors would experience approx. $581 .00 increase p er month. INNI .. qr - 10k - ;,. -.„ ... . .��.....; , ",ip ethi yv,,t .a,„9l,.r a ^:xfFSS ,'-'4,';'39:416:,,,v, .wa;�.a .....da4... ... ,,k.. II0 5 TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 )*Iiir TO: HONORABLE MAYOR& COUNCIL MEMBERS FROM: Philip C. Saletta, P.E., Water Utility Director Shirley Seng, Utility Administrator SUBJECT: Public Hearing on Resolution No. (R) 06- 37 A Resolution of the Mayor and Council of the Town of Oro Valley, Arizona to Increase Existing Potable Water Rates, Increase Existing Reclaimed Water Rates, Increase Existing Groundwater Preservation Fees, Increase Existing Backflow Permit Fees, Revise Existing New Development Construction Inspection Fees, Establish New Construction Water Rate and Establish New Hydrant Meter Relocation Fees for the Oro Valley Water Utility. SUMMARY: One of the responsibilities of the Oro Valley Water Utility Commission is to forward a recommendation on water rates to the Town Council. Utility Staff performed several financial scenarios that were reviewed and evaluated by the Commission. These analyses were based on review of the Utility's estimated cash reserves and revenue requirements which included costs related to personnel, operations/maintenance, capital improvements and existing and future debt service. n March 13, 2006 the Water Utility Commission unanimously passed a motion to recommend to the Mayor .nd Council the following changes for water rates, fees and charges: > 5.0% increase in base rates and commodity rates for potable and reclaimed water rates > Increase the Groundwater Preservation Fee by $0.04 per 1,000 gallons for potable and reclaimed water rates > Establish a Construction Water Rate equal to $4.76 per 1,000 gallons > Establish a"Time &Materials"rate for Hydrant Meter Relocation > Increase the existing Backflow Permit Fee from $35 to $50 > Increase Construction Inspection Fees: $1,350 for 0-500 feet, $1.30 per foot thereafter The average residential customer has a 5/8" x 3/4" water meter, uses 10,000 gallons of water per month and, if the proposed rates are adopted, would experience a 5.8% increase which equates to $2.00 per month. The current charge for 10,000 gallons is $34.55 and would increase to $36.55. The 5.8% increase includes the proposed increase in the Base & Commodity Water Rates and the Groundwater Preservation Fee. As required by Arizona State Statutes, the Notice of Intent to Increase Water Rates was published in the Daily Territorial on April 13, 2006, more than 20 days prior to the public hearing date. Although not required by statute, the Utility mailed a letter to each customer that provided the public hearing information and explained the proposed increases. Additionally this letter was mailed to contractors and developers who currently have plans in the development review process.Tle proposed water rates, fees and charges were detailed in the Water Rates Analysis Report that was distributed to Council on April 5, 2006 and has also been on file with the Town Clerk since April 6, 2006. If the proposed rates, fees and charges are adopted on May 17, 2006, they would become effective June 17, 2006. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 The Council has the option to adopt rates lower than the proposed rates identified in the Notice of Intent. Should the Council desire to adopt rates that are higher than the proposed rates identified in the Notice of Intent, a new Water Rates Analysis would need to be performed. In addition, the Council would need to approve and publish a new Notice of Intent to Increase Water Rates and hold another Public Hearing. FISCAL IMPACT: The proposed water rates, fees and charges would allow the Utility to recover the costs associated with the operation and maintenance of the Oro Valley Water Utility. The proposed increases will also meet the criteria set by Council with respect to debt service coverage (1.3) and cash reserve balances (5% of budget). The Water Rates Analysis is done on a 5-year pro forma basis. This is done to avoid excessive rate increases (rate shock) in any one year. If the increase is not approved, debt service coverage would fall below the criteria of 1.3 debt service coverage ratio in FY 07-08. This would create a situation where rate increases would need to be even higher than the 6% projected in FY 07-08 in order to meet the required debt service coverage. Although a 5-year analysis is performed, the request for approval of water rates is made on an annual basis. Any future rate increases would be requested in the following years after a new 5-year Water Rates Analysis was performed. COMMISSION RECOMMENDATION: The Oro Valley Water Utility Commission recommends adoption of all proposed fees and charges as detailed in Resolution No. (R) 06- 37 and the attached Exhibit "A". STAFF RECOMMENDATION: Staff concurs with the Commission's recommendation. ATTACHMENTS: 1. Resolution No. (R) 06- 37 . SUGGESTED MOTION: I move to approve Resolution No. (R) 06- 37 . OR I move to Wa e Utilit Adm i trator , `,\ ,, ( ;at W.to U ility Dip ler .Ahdemi 6/ Town Manager RESOLUTION NO. (R) 06- 37 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA TO INCREASE EXISTING POTABLE WATER RATES, INCREASE EXISTING RECLAIMED WATER RATES AND INCREASE EXISTING GROUNDWATER PRESERVATION FEES; REVISE EXISTING BACKFLOW PERMIT FEES AND REVISE EXISTING NEW DEVELOPMENT CONSTRUCTION INSPECTION FEES; ESTABLISH NEW CONSTRUCTION WATER RATES AND ESTABLISH NEW HYDRANT METER RELOCATION FEES FOR THE ORO VALLEY WATER UTILITY WHEREAS, the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, pursuant to ARS 9-511, et seq., the Town has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries; and WHEREAS, pursuant to ARS 9-511, et seq., the Town finds it necessary to establish and increase water rates, fees and charges for the Oro Valley Water Utility as described in the attached Exhibit "A"; and Itior WHEREAS, pursuant to ARS 9-511, et seq., the Town provided the Notice of Intent to increase water rates, fees and charges at the Oro Valley Town Council meeting of April 5, 2006; and WHEREAS, the Town Council will conduct a Public Hearing to discuss the proposed water rates, fees and charges on May 17, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That the Oro Valley Water Utility rates are established and/or increased as described in Exhibit "A", attached hereto by reference. 2. That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as are necessary to implement the rate increases effective thirty (30) days from the date of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 17TH day of MAY , 2006. U:\WUC Annual Rcport 2006\Resolution for Rate Increase 2006.doc Office of thc Town Attorney/ca/042106 TOWN OF ORO VALLEY Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney .40 U:\WUC Annual Report 2006\Resolution for Rate Increase 2006.doc Office of the Town Anorncy/ca/042106 EXHIBIT 'A' ORO VALLEY WATER UTILITY POTABLE WATER RATES MONTHLY BASE RATES & COMMODITY CHARGES METER BASE RATE COMMODITY COMMODITY COMMODITY SIZE (includes 0 gallons) TIER 1 TIER 2 TIER 3 PER 1000 GALS. PER 1000 GALS. PER 1000 GALS. 5/8 x 3/4 13.25 2.08 2.81 3.76 3/4 x 3/4 19.90 2.08 2.81 3.76 1 33.00 2.08 2.81 3.76 1.5 66.30 2.08 2.81 3.76 2 106.00 2.08 2.81 3.76 3 212.00 2.08 2.81 3.76 4 332.00 2.08 2.81 3.76 6 663.00 2.08 2.81 3.76 8 1,325.00 2.08 2.81 3.76 POTABLE WATER USAGE INCLUDED IN TIERS METER Gallons Gallons Gallons SIZE Included Included Included TIER 1 TIER 2 TIER 3 5/8 x 3/4 0 - 10,000 10,001 - 25,000 over 25,000 3/4 x 3/4 0 - 10,000 10,001 - 25,000 over 25,000 1 0 - 16,000 16,001 - 27,000 over 27,000 1.5 0 - 38,000 38,001 - 64,000 over 64,000 2 0 - 80,000 80,001 - 134,000 over 134,000 3 0 - 186,000 186,001 - 311,000 over 311,000 4 0 - 169,000 169,001 - 283,000 over 283,000 6 0 -1,800,000 1,800,001 -3,006,000 over 3,006,000 8 0 -1,800,000 1,800,001 -3,006,000 over 3 006,000 POTABLE WATER GROUNDWATER PRESERVATION FEE $0.25 PER 1,000 GALLONS Applies to all potable water customers. Exhibit A to Resolution for Rate Increase Page 1 EXHIBIT 'A' ORO VALLEY WATER UTILITY RECLAIMED WATER RATES MONTHLY BASE RATES & COMMODITY CHARGES METER BASE RATE COMMODITY SIZE (includes 0 gallons) RATE PER 1,000 GALS. 5/8 x 3/4 13.25 2.08 3/4 x 3/4 19.90 2.08 1 33.00 2.08 1.5 66.30 2.08 2 106.00 2.08 3 212.00 2.08 4 332.00 2.08 6 663.00 2.08 8 1,325.00 2.08 RECLAIMED WATER GROUNDWATER PRESERVATION FEE $0.25 PER 1,000 GALLONS Applies to all reclaimed water customers. ‘Ilar CONSTRUCTION WATER RATES METER BASE RATE COMMODITY SIZE Per 1,000 Gallons 1.5 66.30 4.76 2 106.00 4.76 3 212.00 4.76 4 332.00 4.76 6 663.00 4.76 8 1,325.00 4.76 Groundwater Preservation Fee also applies to all construction water usage. Backflow Permit Fee: $ 50.00 Hydrant Meter Relocation: Time & Materials Construction Inspection Fees: For 0 - 500 feet $ 1,350.00 For inspections exceeding 500 feet $ 1,350.00 + $1.30 per ft. over 500 ft. Repeat Pressure Tests: $ 72.00 Repeat Bacteria Tests: $ 85.00 Exhibit A to Resolution for Rate Increase Page 2 TOWN OF ORO VALLEY 4_ Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR AND COUNCIL FROM: CHUCK SWEET, TOWN MANAGER SUBJECT: RESOLUTION NO. (R) 06-_,A RESOLUTION AUTHORIZING A PAY INCREASE OF $1,500.00 FOR THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY TO BE APPLIED PROSPECTIVELY AND NOT RETORACTIVELY (EFFECTIVE JULY 1, 2006). SUMMARY: The Mayor and Council are currently compensated in the amount of$11,400.00 per annum for the Mayor and $9,000.00 per annum for the Council. The Mayor and Town Council began receiving compensation July 1, 2000 following the completion of a Government Task Report and the adoption of Ordinance No. 99-53. The resolution before you this evening represents a proposed annual salary increase of $1,500.00 for each Council Member. The proposal contained in the attached Resolution is being brought forward by Council Member K.C. Carter. Mr. Carter's proposal is to grant each member of the Town Council a $1,500.00 annual increase in salary, effective July 1, 2006, after Council Members are sworn into office in June 2006. Council Member Carter's proposal to fund this salary increase is to reduce Town Council Travel in the 2006/07 budget by-the--same-amount In response to Council Member K.C. Carter's proposal, Mayor Loomis has requested information relating to a market adjustment approach for possible adjustments to Mayor and Council salaries using two different market based analysis as identified below: • Utilize Municipalities from August 1999 Compensation Survey for Mayor & Council in determining recommended Market-based compensation for Oro Valley Mayor& Council. (2005-2006 compensation figures from Arizona League of Cities and Town used) • Utilize Municipalities from December 2005 Staff Compensation Study for determining recommended Market-based compensation for Oro Valley Mayor & Council. (2005-2006 compensation figures from Arizona League of Cities and Towns used) Detailed analysis of Mayor Loomis' requested information as indicated above is attached to this communication as Exhibit"A". ATTACHMENT: 1. Resolution No. (R) 06- 38 , authorizing a salary increase of $1,500.00 annually to the Mayor and Council. 2. Exhibit"A" - Human Resources Analysis of Options 1, 2, & 3. 3. April 3rd, 2006 Memorandum from Town Attorney ref: Council Member Compensation 4. Resolution No. 99-53 Establishing the compensation amount for Mayor and Council Members (October 27th 1999.) C:\Documcnts and Settings\ajacobs\Local Settings\Temporary lntcrnet Files\OLK220\051706_CC_re_Council_Pay_lncrcasc_Carterl(2).doc . TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: May 17,2006 101) FISCAL IMPACT: Asp roposed by Council Member K.C. Carter, the fiscal impact is a $1,500.00 salary increase for Mayor and Council with the same amount to be taken from the Town Council Travel and Training budget. SUGGESTED MOTION: I move to adopt Resolution No. (R) 06- 38 , authorizing a salary increase in the amount of$1,500.00 each for the Mayor and Town Council to be applied prospectively from July 1, 2006, the same amount to be removed from the Mayor and Council Travel and Training budget for the 2006/2007 fiscal year; OR 38 I move to modify Resolution No. (R) 06- authorizing a salary increase in the amount of$ as supported by Option(2) or(3) as identified in attached Exhibit"A". OR I move to continue this agenda item indefinitely. , , _Chuck Sweet, Town Manager 11111 C:\Documcnts and Settings\ajacobs\Local Settings\Temporary Internet Files\OLK22O\051706_CC_re_Council_Pay_Incrrase_Cartcrl(2).doc RESOLUTION NO. (R) 06- 38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING A PAY INCREASE FOR THE MAYOR AND TOWN COUNCIL MEMBERS OF THE TOWN OF ORO VALLEY IN THE AMOUNT OF $1,500.00 TO BE APPLIED PROSPECTIVELY BEGINNING JULY 1, 2006. WHEREAS, compensation has been previously established in the amount of$11,400.00 per annum for the Mayor and $9,000.00 per annum for the Council Members; and WHEREAS, on May 3, 2006, the Mayor and Town Council adopted Resolution No. (R) 06-30, authorizing Cost of Living Adjustment("COLA") to their salaries annually; and WHEREAS, prior to adoption of the COLA, Council salaries had not been increased since 2001; and WHEREAS, this salary increase shall be applied prospectively and not retroactively; and WHEREAS, this proposed salary increase is a flat increase of$1,500.00 per year applicable to each of the Mayor and Town Council members to be applied from July 1, 2006; and WHEREAS, it is deemed appropriate to increase the salary of the Town Council members by $1,500.00 effective on July 1, 2006 following the effective date of this Resolution. NOW;FHE-REFORE BE-IT RESOLVED-by-the Mayor-and-Council of the Town-of-Oro-Valley, Arizona, that the Mayor and Town Council members shall receive an additional $1,500.00 annually effective on July 1, 2006 following the adoption of this resolution. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of this Resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 17thday of May , 2006. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk Council Pay Increase Office of the Oro Valley Town Attorney/ APPROVED AS TO FORM: Melinda Garrahan, Town Attorney Council Pay Increase Office of the Oro Valley Town Attorney/ EXHIBIT A Option 1: Provide $1500 from Travel Budget to each Mayor/Council Member as Salary Option 2: Utilize Municipalities from August 1999 Compensation Survey for Mayor&Council in determining recommended Market-based compensation for Oro Valley Mayor&Council. (2005-2006 compensation figures from Arizona League of Cities and Town used) Current Oro Valley Mayor salary is at the median and $337 below mean average salary. Current Oro Valley Council salaries are above both the median and mean average salary. City/Town Annual Mayor Compensation Annual Council Compensation Peoria 27456 18300 Yuma 12000 3600 Gilbert 27600 15600 Flagstaff 18000 12000 Sierra Vista 9000 6000 Lake Havasu City 11400 7800 Prescot 9000 6000 Bullhead City 4800 2400 Oro Valley 11400 9000 Avondale 14400 7200 Casa Grande 13080 7260 Nogales 600 300 Apache Junction 12000 9600 Kingman 9600 6000 Prescott Valley _ — 8400 4800 Douglas 3600 2400 Fountain Hills 7200 4800 Mean Avg. 11737 7239 Median 11400 7200 Option 3: Utilize Municipalities from December 2005 Staff Compensation Study for determining recommended Market-based compensation for Oro Valley Mayor& Council. (2005-2006 compensation figures from Arizona League of Cities and Town used) Current Oro Valley Mayor salary is $3,000 below median and $4,784 below mean average salary. Current Oro Valley Council salaries are at the median, and $345 below mean average salary. City/Town Annual Mayor Compensation Annual Council Compensation Peoria 27456 18300 Gilbert 27600 15600 Oro Valley 11400 9000 Avondale 14400 7200 Apache Junction 12000 9600 Goodyear 21000 8844 Marana 0 0 Paradise Valley 0 0 Surprise 31800 15564 Mean Avg_ 16184 9345 Median 14400 9000 PLLE Y' ct �ry� ;.•�:� '�Y 1� 7,�. 1r '>,ti's ift 4'M1a�a�'5��` A rs3_y. 4 b 0UND ED'D Office of the Town Attorney Memorandum To: Mayor Paul Loomis;Town Manager Chuck eet From: Melinda Garrahan,Town Attorney Date: April 3,2006 Re: Council Member Compensation Attached is a copy of a 1999 opinion memorandum from then-Town Attorney, Dudley. Dan The analysis and conclusions are still valid. It would be possible for the current Council_to adopfa new compensation level for the Council Members and for the Mayor,to become effective on the date the new Council Members take office. New members are to take office within 20 days ager the canvassing of the May 16,2006, General Election votes. MEMORANDUM likr DATE: May 28, 1999 TO: Kit Donley, Jeff Grant, Nancy Mager, Frank Butrico, Tom Vetrano and Nicholas Vale, Compensation Task Force Members FROM: Dan Dudley, Town Attorney RE: Compensation of Council Members • You have asked some interesting questions relative to compensation of council members. s. The first of these is: 1) What is:the definition of"New Council Members" as cited in the Arizona Revised • Statutes regarding this matter? The controlling provision is constitutional in origin and not statutory. The provision . refers not to "new members" but to an "increase in compensation" during a term of • office. The provision is contained in Article IV, Part II, Section 17, whichP rovides as follows: § 17. Extra compensation prohibited; increase or decrease of compensation during term of office Section 17. The Legislature shall never grant any extra compensation to .any public officer, agent, servant or contractor, after the services shall have been rendered or the contract entered into, nor shall the compensation of any public officer, other than a justice of the peace, be increased or diminished during his term. of office; provided, however, that when any legislative increase.or decrease in compensation • of the members of any court or the clerk thereof, or of any board or commission composed of two or more officers or persons whose respective terms of office are not coterminous, has heretofore or shall hereafter become effective as to any member or clerk of such court, or any member of such board or commission, it shall be effective from such date as to each thereof The State Supreme Court has interpreted this provision broadly and:has determined that the limitation on legislative authority contained in section 17 is not limited to the authority of the state legislature but is broad enough to include counties, boards and commission and even cities. (See Gay v. City of Glendale, 41 Ariz 207, 16P2d 216). Although there is no Arizona case applying section 17 to towns, in Gay, supra, the court's language appeared to be applicable "to all salary fixing bodies" including town councils. The controlling language "...nor shall the compensation of any public officer... be increased or diminished during his term of office" has been interpreted in a very broad fashion to encompass the "increase of compensation" by any legislative body. Thus in Davis v. Hale 96 Ariz 219, 393P2d 912 (1964), it was applied to the legislative authority of a city council. Although the court has yet to apply it to a town council, the applicability is really not in serious doubt. (See.State Consolidated Publishing Co. v. Hill,39 Ariz 213P2d 525 (1931).) 2) The second issue raised is when would an incumbent council member's salary increase become effective? • An incumbent's salaryincrease would become effective when the increase for any Y member of the council became effective. The applicable language provides in relevant part that with respect to any body "composed of two or more officers or persons whose respective terms of office are not coterminous... [that when the increase of any one member becomes effective] ...it shall be effective from such date as to each...". The effective date of any salary increase for all members would be on the first day of the new term of the next new term of a council member. (See Attorney General Opinion I90-094 (Oct 22, 1990).) The Attorney General's opinion, while not binding, provides guidance and protection for public officials relying on those opinions in good faith. (See A.R.S. § 38-446 and A.R.S. § 15-381(B).) 3) Can the Council adopt an ordinance to automatically increase salaries of council members based upon a defined set of factors? Yes, as long as the delegation is appropriately and narrowly drafted, it is possible to delegate such authority. Two other options which would be available would be an automatic increase phased in over a period of time or a mandatory review which must occur on an annual basis requiring that the council set the level of increase to at least track the cost of living. 4) What does the Council need to do to address unique situations? The council should adopt an ordinance and/or resolution providing for a proration of salary based upon length of time in office. The other unique situations are either addressed by case law or are better addressed as the unique situation arises. ci rage zoi .� r Westlaw. 1990 Ariz. Op. Atty. Gen. Page 1 1990 Ariz. Op. Atty. Gen. 150, Ariz. Op. Atty. Gen. No. I90-094, 1990 WL 484106 (Ariz.A.G.) (Cite as: 1990 WL 484106 (Ariz.A.G.)) Office of the Attorney General State of Arizona *1 I90-094 (R90-135) October 22, 1990 The Honorable Bob Denny Arizona State Senator State Capitol--Senate Wing Phoenix, Arizona 85007 Dear Senator Denny: You asked whether article 4, part 2, section 17 of the Arizona Constitution permits a sitting member of a city council to receive a salary increase approved prior to the beginning of a new term. Article 4, part 2, section 17 in relevant part provides: nor shall the compensation of any public officer, other than a justice of the peace, be increased or diminished during his term of office; . . . Accordingly, on its face, Article 4, part 2, section 17 permits a sitting city council member to receive a salary increase at the beginning of a new term. Also, we conclude that city council members who are in the middle of their terms may receive an increase of salary if the following provisions of article 4, part 2, section 17 apply: provided, however, that when any legislative increase or decrease in compensation of the members of any court or the clerk thereof, or of any board or commission composed of two or more officers or persons whose respective terms of office are not coterminous, has heretofore or shall hereafter become effective as to any member or clerk of such court, or any member of such board or commission, it shall be effective from such date as to each thereof. The Arizona Supreme Court has said that this constitutional provision added in 1930 was adopted "for the express purpose of insuring that all members of a court, board, or commission composed of more than one person, who were doing in substance, the same work, should at all times receive the same salaries." County of Maricopa v. Rodgers, 52 Ariz. 19, 25, 78 P.2d 989, 991-992 (1938) . The provisions of article 4, part 2, section 17 have been applied to the acts of a city council. See Davis v. Hale, 96 Ariz. 219, 225, 393 P.2d 912, 916 (1964) . Therefore, we conclude that a city council member may receive a salary increase © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. ttp://print.westlaw.com/delivery.html?dest=atp&format=HTMLE&dataid=B00558000000672300035732... 5/4/2006 Page 3 of 3 1990 Ariz. Op. Atty. Gen. Page 2 1990 Ariz. Op. Atty. Gen. 150, Ariz. Op. Atty. Gen. No. I90-094, 1990 WL 484106 (Ariz.A.G.) (Cite as: 1990 WL 484106 (Ariz.A.G.)) in the middle of the council member's term, provided the increase meets the conditions of article 4, part 2, section 17 of the Arizona Constitution, or at the beginning of a new term. Very truly yours, BOB CORBIN Attorney General 1990 Ariz. Op. Atty. Gen. 150, Ariz. Op. Atty. Gen. No. I90-094, 1990 WL 484106 (Ariz.A.G.) END OF DOCUMENT 140) C. 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. ttp.//prinry t.westlaw.com/delive .html?dest=atp&format=HTMLE&dataid=B00558000000b72300035732... 5/4/2006 , N ORDINANCE NO. 99 -53 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA ESTABLISHING THE COMPENSATION AMOUNT FOR MAYOR AND COUNCIL MEMBERS. WHEREAS, the Town's Compensation Task Force recommended that the Mayor of the Town of Oro Valley should be compensated $11,400.00 per annum and the compensation for the Town of Oro Valley Council members should be $9,000.00 per annum; and WHEREAS, due to the Town's budgetary process, the increase will take effect the next fiscal year. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona that the certain document, known as "The Code of the Town of Oro Valley, Arizona," is hereby amended as follows: SECTION 1. Section 2-1-5 is amended to read as follows: 2-1-5 Compensation 2-The-compensatkm-of-eleothve-e iEers o-fthe-town shall be frxed-fro --time-to-time-by 1hr resolution of the council. B. The Mayor of the Town of Oro Valley shall be compensated $11,400.00 per annum. C. The Town of Oro Valley council members shall be compensated $9,000.00 per annum. SECTION 2. The salaries, set forth in Section 1 above, shall be effective July 1, 2000. SECTION 3. All provisions of the Town Code, Zoning Code and any and all other codes, ordinances, policies or procedures otherwise in conflict with the foregoing are hereby repealed. SECTION 4. This ordinance is determined to be a public record and three copies of such ordinance are to remain on file in the office of the Town Clerk. (0)99-53 . P. 2 Mayor and Town Council, the Town of Oro Valley, Arizona, PASSED AND ADOPTED by y kN this 27th day of October 1999. TOWN OF ORO VALLEY 3.,*---, ... ."' , Paul H. Loomis, Mayor ATTEST: i x) c'. Cz_m_j_.,(41 Kathry Cuvelier, Town Clerk APPROVED AS TO FORM: C— i(--t 414 Pa ,y,Dan L. Dudley, own Attorne PI_Bb-i_s : Daily_Terri to r is 1 November 2, 3, 4, 5, 1999 POSTED: October 29 - November 28, 1999 rg 1 SUPPLEMENTAL ITEM #4. TOWN OF ORO VALLEY rOUNCIL COMMUNICATION MEETING DATE: Addendum/Updated Material 5/17/2006 • TO: HONORABLE MAYOR& COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: riFiY 16'17i6pr. 1:55 TN Addendum to Resolution No. (R)06-38—Updated Exhibit A SUMMARY: EXHIBIT A has been updated, at the Mayor's request, to include suggested dollar figures for Options 2 and 3. Table under Option 3 has been updated to include salary information from Marana that was not included with the 2005-2006 surveyfrom the Arizona League of Cities and Towns. ATTACHMENTS: 1. Updated EXHIBIT A 17---Xt-- Department Head Aar,_ / dIVL own anager EXHIBIT A Option 1: Provide $1500 from Travel Budget to each Mayor/Council Member as Salary Option 2: Utilize Municipalities from August 1999 Compensation Survey for Mayor& Council in determining recommended Market-based compensation for Oro Valley Mayor& Council. (2005-2006 compensation figures from Arizona League of Cities and Town used) It is suggested that$0.00 increase be adopted by the Mayor& Council, as the current salaries are at or above the Median of the comparison group. City/Town Annual Mayor Compensation Annual Council Compensation Peoria 27456 18300 Yuma 12000 3600 Gilbert 27600 15600 Flagstaff 18000 12000 Sierra Vista 9000 6000 Lake Havasu City 11400 7800 Prescot 9000 6000 Bullhead City 4800 2400 Oro Valley 11400 9000 Avondale 14400 7200 Casa Grande 13080 7260 Nogales 600 300 Apache Junction 12000 9600 Kingman 9600 6000 Prescott Valley 8400 4800 Douglas 3600 2400 Fountain Hills 7200 4800 Mean Avg. 11737 7239 Median 11400 7200 Option 3: Utilize Municipalities from December 2005 Staff Compensation Study for determining recommended Market-based compensation for Oro Valley Mayor& Council. (2005-2006 compensation figures from Arizona League of Cities and Town used) It is suggested that$3,000 for the Mayors and $600 for Council Members should be added to each salary, in order to bring salaries up to the Median for this comparison group. City/Town Annual Mayor Compensation Annual Council Compensation Peoria 27456 18300 Gilbert 27600 15600 Oro Valley 11400 9000 Avondale 14400 7200 Apache Junction 12000 9600 Goodyear 21000 8844 Marana 11400 9000 Paradise Valley 0 0 Surprise 31800 15564 Mean Avg. 17451 10345 Median 14400 9600 r TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: May 17, 2006 TO: HONORABLE MAYOR& COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: Options for Adopting a Recruitment Process to fill Town Manager Position SUMMARY: The Town Manager has indicated his last working day will be September 1, 2006. Inasmuch as the Town desires to be proactive in seeking a future Town Manager, it is adviseable to establish a Recruitment Process that will enable progress toward filling this position in a timely, cost effective, open and equitable manner. Three options are detailed in"Attachment 1", including undertaking Internal Recruitment for the Town Manager position, involving promotion of existing staff; External/Internal Recruitment, utilizing Town human resources department expertise to administer recruitment process; External/Internal Recruitment, utilizing outside Search Firm (Headhunter) expertise to administer recruitment process. RECOMMENDATION: CJIt--is recommended-the Council select-a Recruitment Process--from the included options;to-enable--the-Town-to egin seeking a Town Manager as soon as practical. FISCAL IMPACT: Initial estimated costs for each of the three options is included in"Attachment 1". SUGGESTED MOTION: I move to establish Option , referred to in the attached documentation, as the Town's Recruitment Process for seeking a future Town Manager. ATTACHMENTS: 1. Options for Recruitment Process ' i ,../.;:: / ijjll M 4 /1 y ,/tel'' r I� /frr t 7 ' Department Head (2€1 / , Town Manager Attachment 1 Options For Recruitment Process Option 1: Undertake Internal Recruitment for Town Manager position, involving promotion of an existing staff member. Estimated Timeframe: 2 months • Complete and obtain approval for Position Requisition (week 1) • Review Town Manager position description and update as needed (week 1) • Create internal job posting and display internally per protocol (week 2) • Receive applications in human resources office (week 3-5) • Determine Search Committee (may include full council or sub-committee, members of the public, etc) (week 3-5) • Schedule and conduct interviews (week 5-7) • Make selection/offer(week 7-8) Preliminary cost estimate: Less than $1000 • Possible miscellaneous costs for support to selection committee Advantages: • Faster recruitment process • Relatively low dollar cost to the Town • Provides growth opportunities for employees No) Disadvantages: • Limits the recruitment pool • Lacks appearance of a publicly open process to the citizens and business community(can mitigate some of this through extended search committee or sub-committee assignments) Option 2: Undertake External/Internal Recruitment for Town Manager position, utilizing Town human resources department expertise to administer recruitment process. Estimated Timeframe: 4-6 months • Complete and obtain approval for Position Requisition(week 1) • Review Town Manager position description and update as needed(week 1) • Create internal job posting and external advertisements (week 2) • Display internal job posting(week 2) and place external advertisements (week 2-8 depending on lead time for advertising publications) • Receive applications in human resources office (week 3-12) • Determine Search Committee (may include full council or sub-committee, members of the public, etc) (week 3-5) • Schedule and conduct interviews (week 12-16) id# • Make selection/offer(week 16+) Attachment 1, page 2 1 Preliminary cost estimate: $10,000 • 2 large ads in AZ Daily Star $2,000 • 2 small ads in Phoenix paper $2,000 • 2 placements on government job websites $ 500 • 1 ad in Jobs Available publication $ 500 • Travel for 2 out-of-state candidates $4,000 • Miscellaneous Ads/support to selection committee $1,000 • No cost advertising: TOV Website League of AZ Cities & Towns website Mailings/emails to AZ municipalities Advantages: • Opens recruitment to larger pool of talent • More publicly open process than internal recruitment • Provides Town with direct oversight of process enabling better control of expenses and schedule/timeframe. Disadvantages: • Increased costs due to advertising and travel for potentially out of town candidates • Extends recruitment timeframe to at least 4 months • Some citizens/community members may perceive too much control by Town unless sufficient public and external input into the process is provided(normally through extended search committee or sub- committee assignments) Option 3: Undertake ExternaVinternal Recruitment for Town Manager position, utilizing outside Search Firm (Headhunter) expertise to administer recruitment process. Estimated Timeframe: 6-8 months • Complete and obtain approval for Position Requisition (week 1) • Review Town Manager position description and update as needed (week 1) • Create Request for Proposals/Bids (RFP) for potential Search Firms (week 1-2) • Receive Proposals and Bid from Search Firms (week 6-7) • Review and select Search Firm (week 7-9) • Meet with Search Firm consultant to develop/agree on process (week 9-12) • Work with Search Firm to determine Search Committee (may include full council or sub-committee, members of the public, etc) (week 9-12) • Allow time for Search Firm to source, advertise, recruit and screen applications (week 12-20) • Schedule and conduct interviews in conjunction with Search Firm (week 20-28) • Make selection offer(week 28+) Attachment 1, page 3 Preliminary cost estimate: $60,000 • Search Firm Consulting Fee $50,000 • Travel & Expenses for Consultant $ 5,000 • Travel for 2 out-of-state candidates $ 4,000 • Miscellaneous/support selection committee $ 1,000 Advantages: • Opens recruitment to large pool of talent • Public appearance that Town did not unduly influence process • Can provide for public input into the process working with consultant Disadvantages: • Costs increase significantly for Search Firm fees and expenses • Requires RFP process to select Search Firm, which increases timeframe • Town has less control over costs and schedule/timeframe • Council may not agree on consultant and/or recommendations, possibly resulting in additional time delays or increased costs -11 Additional' Informat4. ion for Item 4 �` =�! 3.=;}tici l' .-. g of the May 17, 2Town Council Agenda On Monday, MayMayor 15th, Ma or Loomis asked the following questions pertaining to Item 4 of the May 17th Town Council Agenda: 1. Dy o the Mayor and Council of the Town of Marana receive a COLA? Answer: No y 2. Do the Mayor and Council of the Town of Marana receive benefits? Answer: The Mayor and Council can enroll in: o Health and dental coverage o Retirement (elected officials) o Optional Life Insurance (AFLAC) (Town does not pay for life insurance)