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HomeMy WebLinkAboutPackets - Council Packets (1006)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION AND STUDY SESSION FEBRUARY 20, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statues §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   COUNCIL 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   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1.Presentation of the Oro Valley Police Department's new K-9, Diesel   2.Recognition of Winning Entry for "Show Us Some Love" Contest   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - January 28 and February 6, 2019   B.Appointment(s) to the Historic Preservation Commission (HPC) and the Budget and Finance Commission (BFC) (Packet materials updated 2/20/19 @ 10:15 a.m.)   C.Resolution No. (R)19-04, authorizing and approving an Intergovernmental Agreement between the Town C.Resolution No. (R)19-04, authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and the Arizona Department of Transportation for maintenance of a sidewalk, landscaping, irrigation, walls and handrail along State Route 77 (Oracle Road) from Suffolk Drive to Magee Road as part of the River Road to Calle Concordia Improvement Project   D.Resolution No. (R)19-05, authorizing and approving the Oro Valley Water Utility to enter into the Arizona Water and Wastewater Agency Response Network (AZWARN) Mutual Aid Agreement among members of the AZWARN   E.Resolution No. (R)19-06, approving the Agenda Committee assignment for the period of March 2, 2019, to May 31, 2019   REGULAR AGENDA   1.AMENDMENTS TO THE ANIMAL CONTROL CODE A. RESOLUTION NO. (R)19-07, DECLARING THE ORO VALLEY TOWN CODE, CHAPTER 18, ARTICLE 18-1, DEFINITIONS AND ARTICLE 18-8, EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS; VIOLATIONS; PENALTIES, AND SECTION 18-8-3, EXCESSIVE NOISE - IMPOUNDMENT ORDER TO SHOW CAUSE, A PUBLIC RECORD B. PUBLIC HEARING: ORDINANCE NO. (O)19-03, AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 18, ARTICLE 18-1, DEFINITIONS AND ARTICLE 18-8, EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS; VIOLATIONS; PENALTIES, AND ADDING SECTION 18-8-3, EXCESSIVE NOISE - IMPOUNDMENT ORDER TO SHOW CAUSE   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 OF THE REGULAR SESSION   STUDY SESSION   CALL TO ORDER   STUDY SESSION AGENDA   1.DISCUSSION REGARDING THE ORO VALLEY COMMUNITY & RECREATION CENTER AND GOLF COURSES *The Town Council will hold a listening session within this agenda item in order to hear from members of the community. The Council may discuss this topic but will not be making any decisions on the Community and Recreation Center or golf courses.   ADJOURNMENT     POSTED: 2/13/19 at 5:00 p.m. by pp POSTED: 2/13/19 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during “Call to Audience”, please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During “Call to Audience” you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation.    Town Council Regular/Study Session 1. Meeting Date:02/20/2019   Presentation of the Oro Valley Police Department's new K-9, Diesel Information Subject Presentation of the Oro Valley Police Department's new K-9, Diesel Summary Attachments No file(s) attached.    Town Council Regular/Study Session 2. Meeting Date:02/20/2019   Recognition of Winning Entry for "Show Us Some Love" Contest Information Subject Recognition of Winning Entry for "Show Us Some Love" Contest Summary Attachments No file(s) attached.    Town Council Regular/Study Session A. Meeting Date:02/20/2019   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Minutes - January 28 and February 6, 2019 RECOMMENDATION: Staff recommends approval.  EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve, with the following changes) the January 28 and February 6, 2019 minutes. Attachments 1-28-19 Draft Minutes  2-6-19 Draft Minutes  1/28/19 Minutes, Town Council Study Session 1 MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION January 28, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Winfield called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Joseph C. Winfield, Mayor Melanie Barrett, Vice Mayor Joyce Jones-Ivey, Councilmember Rhonda Piña, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember ABSENT: Josh Nicolson, Councilmember STUDY SESSION AGENDA 1. DISCUSSION REGARDING THE ORO VALLEY COMMUNITY & RECREATION CENTER AND GOLF COURSES Mayor Winfield gave a brief overview regardi ng the Oro Valley Community & Recreation Center and golf courses and discussed the expected etiquette for the study session. Town Manager Mary Jacobs introduced staff that would be presenting information tonight and then opened the presentation and outli ned the following: - Presentation Outline - Initial Acquisition FY 2014/2015 - Contractual Obligations - Initial Acquisition FY 2014/2015 - Facility Conditions at Purchase - Building - Facility Conditions at Purchase - Golf Courses Administrative Services Director and Chief Financial Officer Stacey Lemos continued 1/28/19 Minutes, Town Council Study Session 2 the presentation and included the following: - FY 2014/2015 - FY 2015/2016 - FY 2016/2017 - FY 2017/2018 - Financial Performance - Contracted Operations - Financial Performance - Town Operations - Financial Performance - Overall Fund Ms. Jacobs continued the presentation and included the following: - Golf Courses - Consultant Report Options - Summary of Consultants' Report & Options President of Troon Privé Rob DeMore continued the presentation and included the following: - FY 2017/2018 Analysis - FY 2017/2018 Analysis - FY 2017/18 Conclusions and Recommendations Ms. Jacobs resumed her presentation and included the following: - Summary of Troon Analysis of Reports FY 2017/2018 - FY 2017/18 Conclusions and Recommendations - Community and Recreation Center - Recommend Pause - Recommended Next Steps for Golf Course Reevaluation - Potential Givens/Criteria Discussion ensued amongst Council, staff and Mr. DeMore regarding the Oro Valley Community & Recreation Center and golf courses. Ms. Jacobs concluded the study session by providing the following recomme nded steps for staff to address: - Minimize sales tax subsidy to golf operation - Evaluate one-time investments against long -term ownership/operations costs - Broaden general public access to Town-owned acreage - Be mindful of potential impacts to adjacent residents and property values - Changes should model environmental stewardship - Compress timeline - Receive public input earlier 1/28/19 Minutes, Town Council Study Session 3 ADJOURNMENT Mayor Winfield adjourned the meeting at 8:55 p.m. Prepared by: _________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the study session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 28th day of January 2019. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of __________________, 2019. _________________________ Michael Standish, CMC Town Clerk 2-6-19 Minutes, Town Council Regular Session 1 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION February 6, 2019 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Winfield called the meeting to order at 6:00 p.m. ROLL CALL PRESENT: Joseph C. Winfield, Mayor Melanie Barrett, Vice -Mayor Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Rhonda Piña, Councilmember Bill Rodman, Councilmember Steve Solomon, Councilmember PLEDGE OF ALLEGIANCE Mayor Winfield led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Clerk Mike Standish announced the upcoming Town meetings. COUNCIL REPORTS No Council reports were received. TOWN MANAGER’S REPORT Town Manager Mary Jacobs recognized Police Chief Daniel Sharp for his leadership in supporting and advocating for the implementation of Senate Bill 1165 which would prohibit hand held electronic devices while driving. Ms. Jacobs also announced that the Town's 2019 Fourth of July Festival would be moved to James D. Kreigh Park as a result of a cost analysis and the desire to improve upon the residential experience . Lastly, Ms. Jacobs introduced Town Clerk Mike Standish. Mr. Standish announced that new artwork was on display in the Council Chambers by artist Linda Mann. 2-6-19 Minutes, Town Council Regular Session 2 ORDER OF BUSINESS Mayor Winfield reviewed the order of business and stated that the order would stand as posted. INFORMATIONAL ITEMS There were no informational items. CALL TO AUDIENCE Oro Valley resident Timothy Bohen voiced his concerns regarding item #4 of the February 5th Planning and Zoning Commission agenda. PRESENTATIONS 1. Proclamation - Celebrating Oro Valley as a Roma ntic Destination Mayor Winfield proclaimed the Month of February, 2019 as Celebrating Oro Valley as a Romantic Destination Month. Greater Oro Valley Chamber of Commerce President and CEO Dave Perry accepted the proclamation. As a follow-up to the proclamation, Mayor Winfield announced the Show us Some Love contest held by the Town of Oro Valley. Participants were asked to submit 100 words on why they thought Oro Valley was a romantic place. The winner would be selected around February 13, 2019. 2. Presentation and discussion of the Town’s Annual Financial Audit for Fiscal Year ending June 30, 2018 Chief Financial Officer Stacey Lemos introduced Mr. Corey Arvizu, CPA and Partner with Heinfeld, Meech & Co., P.C. Mr. Arvizu gave an overview of the process regarding the completed financial audit for the Town for fiscal year ending June 30, 2018. Discussion ensued amongst Council, staff and Mr. Arvizu regarding the annual financial audit for fiscal year ending June 30, 2018. 2-6-19 Minutes, Town Council Regular Session 3 CONSENT AGENDA A. Minutes - January 16 and January 23, 2019 B. Resolution No. (R)19-03, authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and Pima County for the installation and maintenance of Emergency Vehicle Preemption (EVP) equipment at signalized intersections and the installation of related EVP equipment on emergency response vehicles MOTION: A motion was made by Councilmember Rodman and seconded by Councilmember Piña to approve Consent Agenda items (A) and (B). MOTION carried, 7-0. REGULAR AGENDA There were no regular agenda items. FUTURE AGENDA ITEMS No future agenda items were requested. CALL TO AUDIENCE No comments were received. ADJOURNMENT MOTION: A motion was made by Mayor Winfield and seconded by Councilmember Rodman to adjourn the meeting at 6:55 p.m. MOTION carried, 7-0. __________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 6th day of February, 2019. I further certify that the meeting was duly called and held and that a quorum was present. 2-6-19 Minutes, Town Council Regular Session 4 Dated this _____ day of ____________________, 2019 . ___________________________ Michael Standish, CMC Town Clerk    Town Council Regular/Study Session B. Meeting Date:02/20/2019   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Appointment(s) to the Historic Preservation Commission (HPC) and the Budget and Finance Commission (BFC) (Packet materials updated 2/20/19 @ 10:15 a.m.) RECOMMENDATION: The Historic Preservation Commission selection committee has recommended the following appointment: Stephen Hannestad The Budget and Finance Commission selection committee has recommended the following appointments: Cathy Solverson John Latchford James Beasley David Newell Susan Rosenberg EXECUTIVE SUMMARY: This communication will be updated with the recommended Budget and Finance Commission appointments after interviews have been held.  The Historic Preservation Commission selection committee has conducted interviews to fill one (1) vacancy on the HPC.  Vice Chair Dan Huff, Recreation & Cultural Services Manager Lynanne Dellerman - Silverthorn and Council member Steve Solomon were the members of the selection committee. The Budget and Finance Commission selection committee will conduct interviews to fill five (5) vacancies. Mayor Joseph C. Winfield, Councilmember Rhonda Piña, and Councilmember Josh Nicolson were the members of the selection committee who made the recommendation per the enabling resolution, with assistance by Stacey Lemos, Administrative Services Director and Chief Financial Officer. BACKGROUND OR DETAILED INFORMATION: The Historic Preservation Commission was formed to promote the educational, cultural and economic welfare of Oro Valley by insuring the preservation of historic buildings, districts, landmarks, structures, documents, photographs and other artifacts that represent the historic background and development of the greater Oro Valley area. The Budget and Finance Commission was formed to advise the Town Council on policy-related issues associated with the elected body's financial/fiduciary responsibilities, including review of the Town Manager's Recommended Budget, review of the Town's annual financial audit, and evaluation of other financial policy matters as may be tasked from time to time. The Commission may also study and make recommendations to Town Council on topic-specific items as periodically requested by resolution of the Town Council or by written request of the Town Manager. Manager. * Upon initial formation, two of the five appointments shall be for a period of three years in order to allow for staggered terms thereafter.  FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to (approve or deny) the following appointments effective 2/20/19: Historic Preservation Commission Steven Hannestad for a term expiring December 31, 2021 Budget and Finance Commission  Cathy Solverson for a term expiring December 31, 2020 John Latchford for a term expiring December 31, 2020 James Beasley for a term expiring December 31, 2020 David Newell for a term expiring December 31, 2021 Susan Rosenberg for a term expiring December 31, 2021    Attachments Hannestad - Application  Solverson - Application  Latchford - Application  Beasley - Application  Newell - Application  Rosenberg - Application 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ubmit Date: Jan 31, 2019 First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Number of years in Oro Valley (If less than 1 year, please state number of months) Primary Phone Alternate Phone Town of Oro Valley Boards & Commissions Profile What district do you live in? * Oro Valley Resident Which Boards would you like to apply for? Budget and Finance Commission: Submitted Interests & Experiences Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served : (board/commission , civic, educational, cultural, social, etc.) Angel Charity for Children, Inc - Non-profit organization which raises funds to benefit children's organizations in Pima County. Ironwood Ridge High School NPO (Nighthawk Parent Organization) Treasurer 2005 - 2011. Coordinated effort to gain 501-c-3 Tax Status Ironwood Ridge High School Project Grad - Communication Director - 2007-2009. Volunteer 2003 - 2011 Ironwood Ridge High School - managed Men's Basketball Concession Stand 2011 - 2015 Salvation Army Adopt-a-Family Program - Sponsor a family and coordinated delivery for 20 years Amphi School District (various schools) volunteer work supporting classroom and athletics programs 1995 - 2015 Centennial Elementary Resource Center Volunteer - 2017, 2018 Christmas gift program Cathy Solverson Oro Valley AZ 25 Home: Mobile: Cathy Solverson Page 1 of 2 If yes, what year? Upload a Resume Please attach any additional documents here How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. I have lived in Oro Valley for over 20 years and have raised my three children in this wonderful community. I have extensive experience in Financial Planning and Budgeting. I have time to give back to the community and feel that my skill set, finance background and understanding of the community, would be a good match for this position. I am a creative and analytical thinker and could provide guidance to evaluate options and help ensure that spending is aligned with the community goals. I have a wide "bandwidth of understanding" of the community residents as I have lived in Oro Valley from the time I was raising a young family through retirement age - resulting in my understanding the needs of the full spectrum of the community's demographics. Briefly describe your educational/vocational background. I recently retired from a 35 year career with Hughes Aircraft/Raytheon in Finance. Most of my career was spent in Financial Planning - Budgeting, Financial Forecasting & Analysis, Strategic Planning, Business Management. Education: B.A. Economics UCLA 1982; MBA with honors - Calif State University Northridge 1987 Skills: Excellent Computer skills - Excel, Word, Powerpoint, etc. Have you attended the Community Academy or CPI? Yes No If no, are you willing to attend? Yes No Please Agree with the Following Statement I agree that the information provided in my application is true and correct I Agree * Cathy Solverson Page 2 of 2 Submit Date: Jan 30, 2019 First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Number of years in Oro Valley (If less than 1 year, please state number of months) Primary Phone Alternate Phone Town of Oro Valley Boards & Commissions Profile What district do you live in? * Oro Valley Resident Which Boards would you like to apply for? Budget and Finance Commission: Submitted Interests & Experiences Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served : (board/commission , civic, educational, cultural, social, etc.) Please find under Additional Documents herein my Volunteer Profile. My wife and I recently retired to Oro Valley and are settling into the community. We are exploring opportunities to serve our new Town. You will find in the profile a record of volunteerism and service in the coummunities in which I lived and worked. John B Latchford Oro Valley AZ 3 Years (1.5 Years full time) Mobile: Home: John B Latchford Page 1 of 2 If yes, what year? Upload a Resume Please attach any additional documents here How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. I have served on a number of Boards and Commissions spanning international organizations to local agencies. Because of my education and work, I served on boards and committees focusing on finance, accounting and audit. My Volunteer Profile will highlight these experiences. Having served on a number of boards in my career I am very familiar with organizational governance and the roles board/commissioners and staff execute to be successful. Working with fellow Commissioners and staff will require a team effort. I reviewed Resolution (R)19-01 and more specifically Exhibit A and understand the Powers and Duties of the Commission as described therein. I recently participated in the Resident Strategic Planning Session on 12/18/18 moderated by Mr. Ibarra. I came away from that event with a sense of the active residence community we have in our Town. Briefly describe your educational/vocational background. I received a B.S. in Accounting with a minor in Economics. Shortly after leaving military service I achieved a Certification in Public Accounting (CPA). My career focused on leading organizations with financial and strategic planning to achieve business results. Due to my education and work background, I am very familiar with audit, investment management, financing and lending, and budgeting. I am experienced in contract negotiations/administration and have extensive experience with government grants on federal and local levels. My resume is attached to provide more information. Have you attended the Community Academy or CPI? Yes No If no, are you willing to attend? Yes No Please Agree with the Following Statement I agree that the information provided in my application is true and correct I Agree * John B Latchford Page 2 of 2 Submit Date: Jan 15, 2019 First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Number of years in Oro Valley (If less than 1 year, please state number of months) Primary Phone Alternate Phone Town of Oro Valley Boards & Commissions Profile What district do you live in? * Oro Valley Resident Which Boards would you like to apply for? Budget and Finance Commission: Submitted Interests & Experiences Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served : (board/commission , civic, educational, cultural, social, etc.) Past President Catalina Ridge HOA 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. Responsible for financial and other matters of the HOA In Colorado was member of Finance Committee for the Highlands Ranch HOA 100,000 residents James F Beasley Oro Valley AZ 5 Home: Mobile: James F Beasley Page 1 of 2 If yes, what year? Upload a Resume Please attach any additional documents here Briefly describe your educational/vocational background. BS Purdue University Industrial Management and Chemistry MBA Cornell University Cash Management Associate The Standard Oil Company, Ohio 4 years Sr. VP Finance Johns Manville Corp. 15 years COO Rogers Casey and Associates, Investment Advisor and Pension Consultant 4 years President J F Beasley & Company, Inc. Registered Investment Advisor and Financial consultant to public sector clients, 25 years Cash management, budgeting, investments, banking relations Advisor to the GFOA Please describe an issue or project you contributed to which related specifically to conceptual design? Assisted many cities, counties, school districts, and public hospitals with investment management, cash management, budget and other financial issues including staffing, bond issues, treasury management, endowment funds, pension programs. Was a long time advisor to the national GFOA developing Recommended Practices for public entities and making presentations. For each selection you made above, please provide your years of experience and a generalized description of your professional design background in that area. Long time involvement with the public sector in financial management primarily in Colorado, Kansas, Missouri, Illinois Retired at end of 2016 Have you attended the Community Academy or CPI? Yes No If no, are you willing to attend? Yes No Please Agree with the Following Statement I Agree * James F Beasley Page 2 of 2 Submit Date: Jan 25, 2019 First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Number of years in Oro Valley (If less than 1 year, please state number of months) Primary Phone Alternate Phone Town of Oro Valley Boards & Commissions Profile What district do you live in? * Oro Valley Resident Which Boards would you like to apply for? Budget and Finance Commission: Submitted Interests & Experiences Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served : (board/commission , civic, educational, cultural, social, etc.) Since moving to Oro Valley, 3.5 years ago, I have not served on any Boards or Commissions, however..... In West Linn, Oregon I was the chair of our City's Transportation service advisory board, when we rewrote our town's 10 year transportation system plan. I was also a member of the Water System Task Force, a temporary City Board to analyze the current state of the city's asbestos pipes and reservoir, the town's commitment to fund said improvements, and recommend to the city council a course of action that matched the community's needs and desires. I also served on the local school district's Boundary Realignment Committee when 2 new elementary schools and a junior high were built into a growing district. Finally, I was the Vice-President of my neighborhood association within West Linn. DAVID NEWELL 9576559 Oro Valley AZ 3.5 Home: Home: DAVID NEWELL 9576559 Page 1 of 2 If yes, what year? Upload a Resume Please attach any additional documents here How does your previous volunteer service prepare you for the board or commission appointment for which you have applied? Please describe an issue considered at a meeting of the Board or Commission for which you are applying. During my time on my neighborhood association in West Linn, a neighboring city wanted to triple the size of it's Water Treatment plant that was within the city boundaries of West Linn, and located in an completely residential area, where they desired a three year construction project within the walking boundary of an elementary school. I attended and/or coordinated at least 50 neighborhood meetings, mediation sessions, and negotiations, to best represent the residents of my neighborhood who eventually endured a 3 year industrial construction of the Water Treatment plant. Briefly describe your educational/vocational background. A graduate of MIT, I have worked for decades in Digital Marketing, IT Security and Auditing, and Data Analysis in Corporate, Public, and Non-Profit sectors. I am currently semi-retired, I still keep a few old clients from my consulting for Big Data Analysis projects, while being a full-time dad. Have you attended the Community Academy or CPI? Yes No If no, are you willing to attend? Yes No Please Agree with the Following Statement I agree that the information provided in my application is true and correct I Agree * Not in Oro Valley. We had similar types of training in West Linn, Oregon. DAVID NEWELL 9576559 Page 2 of 2 Submit Date: Jan 30, 2019 First Name Middle Initial Last Name Suffix Email Address Street Address Suite or Apt City State Postal Code Number of years in Oro Valley (If less than 1 year, please state number of months) Primary Phone Alternate Phone Town of Oro Valley Boards & Commissions Profile What district do you live in? * Oro Valley Resident Which Boards would you like to apply for? Budget and Finance Commission: Submitted Interests & Experiences Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on which you have served : (board/commission , civic, educational, cultural, social, etc.) Pusch Ridge Academy Covenant Parent Fellowship (CPF) President 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. Skills of initiative, analytical thinking, and thoroughness in all undertakings including accomplished fund raiser and motivator. Briefly describe your educational/vocational background. University of Arizona graduate; BS in Accounting and BS in Management information Systems (MIS), Grand Canyon University MBA - Project Management emphasis. Chief Operating Office at Hillside Dental, LLC. The past 5 years have aligned with my beliefs "Charity begins at home" by providing care for my elderly parents. SUSAN ROSENBERG ORO VALLEY AZ 5 Mobile: Home: SUSAN ROSENBERG Page 1 of 2 If yes, what year? Upload a Resume Please attach any additional documents here Have you attended the Community Academy or CPI? Yes No If no, are you willing to attend? Yes No Please Agree with the Following Statement I agree that the information provided in my application is true and correct I Agree * SUSAN ROSENBERG Page 2 of 2    Town Council Regular/Study Session C. Meeting Date:02/20/2019   Requested by: Jose Rodriguez  Submitted By:Jose Rodriguez, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: Resolution No. (R)19-04, authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and the Arizona Department of Transportation for maintenance of a sidewalk, landscaping, irrigation, walls and handrail along State Route 77 (Oracle Road) from Suffolk Drive to Magee Road as part of the River Road to Calle Concordia Improvement Project RECOMMENDATION: Staff recommends approval EXECUTIVE SUMMARY: The proposed Intergovernmental Agreement (IGA) sets forth provisions granting the Town of Oro Valley responsibility for maintenance along SR77 between Suffolk Drive and Magee Road of the new sidewalk, landscaping, irrigation and handrail designed and constructed as part of the SR77 Improvement Project from River Road to Calle Concordia. BACKGROUND OR DETAILED INFORMATION: The State of Arizona Department of Transportation is currently working on the design of SR77 from River Road to Calle Concordia, which is a system enhancement project consisting  of pavement preservation, sidewalk, drainage and lighting. The project will improve pedestrian and transit facilities along SR77 from River Road to Magee Road by maintaining the pavement structural integrity and improving the overall condition of the roadway between River Road and Calle Concordia.     Improvements along SR 77 (Oracle Road) include new curbs and gutters, bus stops, curb inlets, sidewalk, scuppers, handrails, pipe extensions, lighting, and an improved roadway surface.  The project encompasses Oro Valley, unincorporated Pima County and City of Tucson.  The majority of the improvements are located primarily in unincorporated Pima County, linking Oro Valley at the north project limits and the City of Tucson at the south project limits. All three jurisdictions will have a separate IGA with the State of Arizona for maintenance of the new improvements within their respective jurisdiction boundaries.   Oro Valley, per the IGA, will be responsible for maintaining the sidewalk, landscaping, irrigation, handrail and wall improvements between Suffolk Drive and Magee Road.  The Town will not be responsible for maintaining the pavement within Oro Valley boundaries nor will there be any lighting placed within the Town's portion of the project. Presently, the lighting portion of the project is anticipated to stop at Ina Rd. FISCAL IMPACT: The enhancements will result in minimum impact to the  Town's budget as the Town is already required The enhancements will result in minimum impact to the  Town's budget as the Town is already required to provide maintenance under an existing IGA with ADOT for electrical for signals and other landscape maintenance of existing right-of-way. SUGGESTED MOTION: I MOVE to (adopt or deny) Resolution No. (R)19-04, authorizing and approving an Intergovernmental Agreement between the Town of Oro Valley and the Arizona Department of Transportation for maintenance of a sidewalk, landscaping, irrigation, walls and handrail along State Route 77 (Oracle Road) from Suffolk Drive to Magee Road as part of the River Road to Calle Concordia Improvement Project. Attachments (R)19-04 IGA SR77 maintenance  IGA  Project Information  C:\Windows\TEMP\BCL Technologies\easyPDF 7 \@BCL@58378CA5 \@BCL@58378CA5.doc Town of Oro Valley Attorney’s Office/ca/041510 RESOLUTION NO. (R)19-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR M AINTENANCE OF SIDEWALK, LANDSCAPING, IRRIGATION, WALLS, AND HANDRAIL ALONG STATE ROUTE 77 (ORACLE ROAD) FROM SUFFOLK HILLS TO MAGEE ROAD AS PART OF THE RIVER ROAD TO CALLE CONCORDIA IMPROVEMEN T PROJECT; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SER VICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS R ESOLUTION WHEREAS, the State of Arizona is authorized by A.R.S. § 28-401 to enter into intergovernmental agreements for joint and cooperative action with the Town; and WHEREAS, the Town is authorized by A.R.S . § 11-952 to enter into intergovernmental agreements for joint and cooperative action with other public agencies; and WHEREAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain, control and manage public roads within its jurisdictional boundaries; and WHEREAS, the Town desires to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for maintenance of the new sidewalk, la ndscaping, irrigations, and handrail along State Route 77 (Oracle Road) from Suffolk Hills to Magee Road as part of the River Road to Calle Concordia Improvement Project; and WHEREAS, it is in the best interest of the Town to enter into the Intergovernmental Agreement with the Arizona Department of Transportation, attached hereto as Exhibit “A” and incorporated herein by this reference, for maintenance of the new sidewalk, landscaping, irrigations, and handrail along State Route 77 from Suffolk Hills to Magee Road. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Intergovernmental Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, between the Town of Oro Valley and the Arizona Department of Transportation is hereby authorized and approved. SECTION 2. That the Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all ste ps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona , this 20th day of February, 2019. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” Page 1 of 6 ADOT CAR No.: IGA 18-0007035-I AG Contract No.: P0012018002758 Project Location/Name: SR77; River Rd – Suffolk Drive and Magee Road Type of Work: Pavement Rehabilitation, Lighting, Sidewalk, and Intersection Improvements Federal-aid No.: HSIP & NHPP 077-A (215) T ADOT Project No.: H891901C TIP/STIP No.: 5689 / 7875 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: 5689, 7875 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF ORO VALLEY THIS AGREEMENT is entered into this date ________________________________, pursuant to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “Stat e” or “ADOT”) and the TOWN OF ORO VALLEY , acting by and through its MAYOR and TOWN COUNCIL (the “Town”). The State and the Town are collectively referred to as “Parties”. I. RECITALS 1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by A.R.S. § 9-240 to enter into this Agreement and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. 3. The State will design, advertise, award and administer construction of pavement rehabilitation, sidewalk, and intersection improvements along State Route 77 (SR77), between Suffolk Drive (MP 75.41) and Magee Road (MP 75.86), (the ‘Project’). The State will obtain federal funds for the design and construction costs associated with the Project. The Town will be responsible for maintenance of the sidewalks and retaining walls and/or handrails found to be necessary during design. THEREFORE , in consideration of the mutual terms expressed in this Agreement, it is agreed as follows: IGA 18-0007035-I Page 2 of 6 II. SCOPE OF WORK 1. The Parties agree: a. The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project plans and specifications. 2. The State will: a. Execute this Agreement, and if the Project is approved by F HWA and funds for the Project are available, be the Town's designated agent for the Project. b. Prepare and provide the design plans, specifications and other such documents and services required for the construction bidding and construction of the Project, and incorporate comments from the Town as appropriate. c. With FHWA authorization, proceed to administer construction: advertise, receive and open bids, award, and enter into a contract with the firm for the construction of the Project. Administer contract(s) for the Project and make all payments to the contractor(s). d. Notify the Town of final inspection and acceptance of all the Project improvements. 3. The Town will: a. Designate the State as the Town's authorized agent for the Project. b. Review the design documents required for construction of the Project and provide comments to the State within two weeks of receipt of documents. c. Not permit or allow any encroachments upon or private use of the public right-of-way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. d. Automatically grant to the State, by execution of this Agreement, its agents and/or contractors, without cost, the temporary right to enter Town rights-of-way, as required, to conduct any and all construction and preconstruction related activities for the Project, on, to and over said Town rights-of-way. This temporary right will expire with completion of the Project. e. After final inspection and acceptance of the Project is complete, assume responsibility for maintenance along SR 77, between Suffolk Drive (MP 75.41) and Magee Road (MP 75.86), of the sidewalk, landscape and irrigation, retaining walls, and handrails; including but not limited to keeping pathway surface areas free of all debris and undesirable weeds, removal of graffiti at its sole expense. The Town shall also keep the sidewalk, concrete slabs, handrails, and retaining walls repaired; including but not limited to replacement and correcting trip hazards, and any sidewalk shall be maintained to the final grade at the time of completion of the sidewalk construction. IGA 18-0007035-I Page 3 of 6 III. MISCELLANEOUS PROV ISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State’s Attorney General. 2. Any change or modification to the Project will only occur with the mutual written consent of both Parties. 3. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project. Any provisions for maintenance shall be perpetual, unless assumed by another competent entity. 4. This Agreement may be cancelled at any time prior to the award of the Project contract and after 30 days written notice to the other Party. It is understood and agreed that, in the event the Town terminates this Agreement, the Town shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the Town terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 5. The Town shall indemnify, defend, and hold harmless the State, any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the “State”) from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the “Claims”), which may be brought or made against or incurred by the State on account of loss of or damage to any propert y or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the Town, its employees, officers, directors, agents, representatives, or contractors, their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The Town’s obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any negligence of the Town which may be legally imputed to the State by virtue of the State’s ownership or possession of land. The Town’s obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2008 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction, incorporated into this Agreement by reference, in the State’s contract with any and all contractors, of which the Town shall be specifically named as a third-party beneficiary. This provision may not be amended without the approval of the Town. 7. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable fo r any past, current or future expenses under this Agreement. 8. The cost of the Project under this Agreement includes indirect costs approved by the FHWA, as applicable. IGA 18-0007035-I Page 4 of 6 9. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act"). Additionally, in a timely manner, the Town shall provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 10. The Town acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 11. This Agreement shall be governed by and construed in accordance with Arizona laws. 12. This Agreement may be cancelled in accordance with A.R.S. § 38-511. 13. To the extent applicable under law, the provisions set forth in A.R.S. §§ 35-214 and 35-215 shall apply to this Agreement. 14. 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. The parties to this Agreement shall comply with Executive Order Number 09-09 issued by the Governor of the State of Arizona and incorporated by reference regarding “Non-Discrimination”. 15. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 16. In the event of any controversy , which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518. 17. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 18. The Parties shall ensure that all contractors comply with the applicable requirements of A.R.S. §35-393.01 19. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 20. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: For Agreement Administration: Arizona Department of Transportation Joint Project Administration 205 S. 17th Avenue, Mail Drop 637E Phoenix, Arizona 85007 (602) 712-7124 (602) 712-3132 Fax Town of Oro Valley Attn: Jose Rodriguez 11000 N. La Canada Drive Oro Valley, Arizona 85737 (520) 229-4872 jrodriguez@orovalleyaz.gov IGA 18-0007035-I Page 5 of 6 For Project Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, MD614E Phoenix, Arizona 85007 (602) 712-7046 For Financial Administration: Arizona Department of Transportation Financial Management Services, Resources Administration 206 S. 17th Avenue, MD 200B Phoenix, Arizona 85007 Town of Oro Valley Attn: Jose Rodriquez 11000 N. La Canada Drive Oro Valley, Arizona 85737 (520) 229-4872 jrodriguez@orovalleyaz.gov Town of Oro Valley Attn: Jose Rodriguez 11000 N. La Canada Drive Oro Valley, Arizona 85737 (520) 229-4872 jrodriguez@orovalleyaz.gov 21. In accordance with A.R.S. § 11-952 (D) attached and incorporated in this Agreement is the written determination of each Party’s legal counsel and that the P arties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF ORO VALLEY By ______________________________ JOSEPH C. WINFIELD Mayor STATE OF ARIZONA Department of Transportation By ______________________________ STEVE BOSCHEN, PE Division Director ATTEST: By ______________________________ MICHAEL STANDISH Town Clerk Page 6 of 6 IG A 18-0007035-I ATTORNEY APPROVAL FORM FOR TH E TOWN OF ORO VALLEY I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF ORO VALLEY, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this __________________ day of __________________, 2018. ___________________________ Town Attorney    Town Council Regular/Study Session D. Meeting Date:02/20/2019   Requested by: Peter Abraham Submitted By:Peter Abraham, Water Department:Water Information SUBJECT: Resolution No. (R)19-05, authorizing and approving the Oro Valley Water Utility to enter into the Arizona Water and Wastewater Agency Response Network (AZWARN) Mutual Aid Agreement among members of the AZWARN RECOMMENDATION: On January 14, 2019, the Water Utility Commission unanimously recommended to forward the AZWARN Mutual Aid Agreement to the Mayor and Council for approval. Staff respectfully recommends approval. EXECUTIVE SUMMARY: The AZWARN Mutual Aid Agreement is a program designed to provide emergency assistance on a voluntary basis to participating members based on a member's ability to respond to an emergency request with personnel and/or equipment. Each responding agency is reimbursed for labor, materials and equipment by the requesting utility. BACKGROUND OR DETAILED INFORMATION: The Arizona Water and Wastewater Agency Response Network (AZWARN) has approved a new Mutual Aid Agreement. The new agreement supersedes the existing Intergovernmental Agreement and allows water and wastewater utilities, both public and private, to participate in AZWARN. The new mutual aid agreement becomes effective for each member on March 30, 2019, or upon approval by its governing body, whichever comes later. The AZWARN Mutual Aid Agreement is a program designed to provide emergency assistance on a voluntary basis to participating members. Members recognize that emergencies may overwhelm the ability of a water or wastewater utility to provide services to its customers. These emergencies may require assistance in the form of personnel, equipment, services, and supplies for outside the area of the impact of the emergency. Therefore, the AZWARN member utilities hereby re-establish within the State of Arizona an intrastate program for mutual assistance and create a statewide AZWARN. Through the Mutual Assistance Program and AZWARN, the members will coordinate response activities and may share resources during emergencies. The agreement sets forth the procedures for the administration of this Mutual Assistance Agreement and AZWARN. FISCAL IMPACT: There is no mandatory fiscal impact associated with entering into the AZWARN Mutual Aid Agreement. SUGGESTED MOTION: I MOVE to (adopt/deny) Resolution No. (R)19-05, authorizing and approving the Town of Oro Valley I MOVE to (adopt/deny) Resolution No. (R)19-05, authorizing and approving the Town of Oro Valley Water Utility to enter into the AZWARN Mutual Aid Agreement. Attachments (R)19-05 AZWARN Agreement  Agreement  RESOLUTION NO. (R)19-05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AN D APPROVING THE TOWN OF ORO VALLEY WATER UTILITY TO ENTER INTO THE AZWARN MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION 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 Town’s corporate boundaries; and WHEREAS, the Arizona Water and Wastewater Agency Response Network (“AZWARN”) was created by its member agencies on or about March, 2008; and WHEREAS, the Members desire to enter into a new agreement to further clarify the relationship among them and to provide a mechanism whereby additional entities, including private water and wastewater utilities, can join the AZWARN, pursuant to A.R.S.§26-301 et seq.; and WHEREAS, Members of the AZWARN recognize the value of cooperative efforts in responding to water and wastewater utility emergencies and intend to c ooperate to meet the need for mutual aid in emergencies; and WHEREAS, the signatories to this Agreement recognize that it would be beneficial to have established a plan and procedures in case of emergencies; and WHEREAS, the signatories to this Agreement are authorized to enter into mutual aid agreements pursuant to A.R.S. §26-301 et seq.; and WHEREAS, one or more members to this Agreement may find it necessary to utilize all of their own resources to cope with a n emergency and may require the assistance of another member or other members; and WHEREAS, pursuant to A.R.S. §26-309, this Agreement is required to address the manner of financing such cooperative undertakings in advance of such emergency; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That the Town Council of Oro Valley does hereby authorize and approve the Town of Oro Valley Water Utility to enter into the AZWARN mutual aid agreement. SECTION 2. That the Town Manager, Town Clerk, Town Legal Services Director, of their duly authorized officers and agents are hereby authorized and directed to take all ste ps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona , this 20th day of February, 2019. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM : Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A”    Town Council Regular/Study Session E. Meeting Date:02/20/2019   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Resolution No. (R)19-06, approving the Agenda Committee assignment for the period of March 2, 2019, to May 31, 2019 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Per the Town Council Parliamentary Rules and Procedures & Code of Conduct, the Town Council shall set and approve the Agenda Committee meeting assignments. Attached is the proposed Agenda Committee meeting assignment for the period of March 2, 2019 to May 31, 2019. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)19-06, approving the Agenda Committee assignment for the period of March 2, 2019 to May 31, 2019. Attachments (R)19-06 AC Assignments Mar thru May  RESOLUTION NO. (R)19-06 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ASSIGNING COUNCILMEMBER RHONDA PIÑA TO THE AGENDA COMMITTEE FOR THE PERIOD OF MARCH 2, 2019 TO MAY 31, 2019; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, on September 19, 2001, the Mayor and Council adopted the Town Council Parliamenta ry Rules and Procedures and Code of Conduct; and WHEREAS, pursuant to section 5.2 (A) Town Council Parliamentary Rules and Procedures & Code of Conduct , the Town Council shall set and approve the agenda committee meeting assignments; and WHEREAS, Town Council wishes assign Councilmember Rhonda Piña to the agenda committee for the period of March 2, 2019 to May 31, 2019. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, as follows: SECTION 1. That Councilmember Rhonda Piña is hereby assigned to the Agenda Committee for the period of March 2, 2019 to May 31, 2019. SECTION 2. That the Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 20th day of February, 2019. TOWN OF ORO VALLEY ___________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM : ____________________________ __________________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director    Town Council Regular/Study Session 1. Meeting Date:02/20/2019   Requested by: Councilmember Pina & Councilmember Rodman  Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: AMENDMENTS TO THE ANIMAL CONTROL CODE A. RESOLUTION NO. (R)19-07, DECLARING THE ORO VALLEY TOWN CODE, CHAPTER 18, ARTICLE 18-1, DEFINITIONS AND ARTICLE 18-8, EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS; VIOLATIONS; PENALTIES, AND SECTION 18-8-3, EXCESSIVE NOISE - IMPOUNDMENT ORDER TO SHOW CAUSE, A PUBLIC RECORD B. PUBLIC HEARING:  ORDINANCE NO. (O)19-03, AMENDING THE ORO VALLEY TOWN CODE, CHAPTER 18, ARTICLE 18-1, DEFINITIONS AND ARTICLE 18-8, EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS; VIOLATIONS; PENALTIES, AND ADDING SECTION 18-8-3, EXCESSIVE NOISE - IMPOUNDMENT ORDER TO SHOW CAUSE RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: At the request of Councilmembers Piña and Rodman, the Legal Services Department undertook a review of the Town's Animal Control Code, specifically, relating to the article addressing excessive noise caused by animals and birds.  A 2017/18 case involving excessively barking dogs highlighted Oro Valley's lack of code provisions that would have allowed for more stringent action to protect the rights of area neighbors in the peaceful enjoyment of their property. Excessive noise caused by animals or birds can be very disruptive to the peace and health of the Town's residents. As such, the Town has a compelling interest in controlling such noise. In order to provide effective enforcement of the excessive noise section of this code, it is necessary to amend the code to further define excessive noise by animals, as well as the punishment for violating this section of the code. It is further necessary to add a section outlining the legal process which addresses enforcement of this updated code. Exhibit A, attached to this Council Communication, illustrates the proposed changes to the Town Code. BACKGROUND OR DETAILED INFORMATION: On June 14, 1989 by Ordinance No. (O)89-13, the Animal Control Code was created, establishing regulations of animal control and penalties thereto. On September 5, 2007 by Ordinance No. (O)07-36, the Animal Control Code was amended to conform to Pima County and other regional municipal animals codes.  This suggested amendment to the Animal Control Code is intended to address a need to redefine and enforce excessive noise caused by animals or birds, as well as further define the punishments associated with a violation of this section. Furthermore, the legal process for violating this section is defined in this amendment. The legal process being the Order to Show Cause, and what remedies or punishments exist for animal owners whose animals have been impounded as a result of a violation of this section of the Animal Control Code.  FISCAL IMPACT: N/A SUGGESTED MOTION: A. I MOVE to (APPROVE/DENY) Resolution No. (R)19-07, Declaring the Oro Valley Town Code, Chapter 18, Article 18-1, Definitions and Article 18-8, Excessive Noise Caused by Animals or Birds; Violations; Penalties, and Section 18-8-3, Excessive Noise -Impoundment Order to Show Cause, a public record. B. I MOVE to (APPROVE/DENY) Ordinance No. (O)19-03, Amending the Oro Valley Town Code Chapter 18, Article 18-1, Definitions and Article 18-8, Excessive Noise Caused by Animals or Birds; Violations; Penalties and Adding Section 18-8-3  Excessive Noise - Impoundment Order to Show Cause. Attachments (R)19-07 Resolution public record  Exhibit A  (O)19-03 Ordinance  Exhibit A  RESOLUTION NO. (R)1 9 -07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING THAT CERTAIN DOCUMENT ENTITLED “THE ORO VALLEY TOWN CODE ARTICLE 18 -1, “DEFINITIONS” AND ARTICLE 18-8, “EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS; VIOLATIONS; PENALTIES”, AND SECTION 18-8-3, “EXCESSIVE NOISE – IMPOUNDMENT ORDER TO SHOW CAUSE” ATTACHED HERETO AS EXHIBIT “A” AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, that certain document called “The Oro Valley Town Code, Article 18-1 “Definitions” and Article 18-8 “Excessive Noise Caused by Animals or Birds”, and Section 18- 8-3 “Excessive Noise – Impoundment Order to Show Cause”, attached as Exhibit “A”, three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk . PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 20th day of February, 2019. TOWN OF ORO VALLEY ____________________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM : ____________________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: ______ EXHIBIT “A” 18-1 Definitions A. Altered dog - a spayed female dog or neutered male dog. B. Animal - any fowl, reptile, amphibian or mammal, except for human beings. C. At Large - being neither confined by an enclosure nor physically restrained by a leash. D. Bite - the penetration of the skin by the teeth of any animal. E. Biting Animal - any animal that bites or otherwise injures human beings or other animals without provocation. F. Collar - a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed. G. Destructive Animal – any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal’s owner. H. Dog - any member of the canine species. I. EXCESSIVE NOISE – UNREASONABLE NOISE THAT TRAVELS OVER ONE OR MORE PROPERTY LINE AND INTERFERES WITH THE COMFORTABLE ENJOYMENT OF LIFE OR PROPERTY BY A NEIGHBOR OR COMMUNITY . FACTORS CONSIDERED IN DETERMINING IF NOISE IS UNREASONABLE INCLUDES, BUT IS NOT LIMITED TO: a. THE LEVEL, CHARACTER, FREQUENCY, AND DURATION OF THE NOISE; b. THE PROXIMITY TO INHABITED STRUCTURES; c. THE CHARACTER AND ZONING OF THE NEIGHBORHOOD; d. ANY DISCERNABLE REASONS THAT LIKELY CAUSED THE NOISE TO BE MADE. J. Impound - the act of taking or receiving an animal into custody for the purpose of confinement at the Town’s animal enforcement agent’s facility. K. Leash or Lead - a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal’s neck. L. Licensed Dog - any dog having a current license. M. Livestock - neat animals, horses, sheep, goats, swine, mules and asses. N. Owner - any person owning, keeping, possessing, harboring, maintaining or having custody and/or control of an animal within the Town limits. O. Peace Officer – includes any animal control officer. P. Police Dog - any dog belonging to any law enforcement agency service dog unit. Q. Property Line - the line which represents the legal limits of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the “property line” shall be the nearest boundary of the public right-of-way. R. Provocation - any behavior toward an animal and/or its owner or its owner’s property which is likely to cause a defensive reaction by said animal. S. Tie -Out - a chain, leash, wire cable or similar restraint attached to a swivel or pulley. T. Town Enforcement Agent - the Pima Animal Care Center director and/or his/her designee. U. Under Restraint - an animal secured by a leash or lead and under control of a responsible person, confined within a vehicle or located upon the real property limits of its owner. V. Vaccination - an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian and administered by a state licensed veterinarian. W. Vicious animal - any animal that bites, attempts to bite, endangers and/or injures people and/or other animals. 18-8 Excessive Noise Caused by AN Animal; Violations; Penalties 18-8-1 It is a civil infraction for anyone owning, possessing, harboring and/or controlling any animal or bird which does the following: Frequently or for continuous duration howls, barks, meows, squawks or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet or comfort of the neighboring inhabitants. NO PERSON SHALL KNOWINGLY ALLOW, CAUSE, POSSESS, PERMIT, MAKE, OR HARBOR ANY ANIMAL THAT MAKES EXCESSIVE NOISE. 18-8-2 Civil Sanctions . A person found responsible for a violation of this Article 18-8-1 shall be - SEPARATE AND APART FROM THE PROVISIONS OF 18 -8-3 - sanctioned by the Magistrate or hearing officer as follows: A. A First violation within a 12-month period - a fine of not less than Twenty Five Dollars ($25.00) and no more than Two Hundred and Fifty Dollars ($250.00). B. A Second violation within a 12-month period a fine of not less than One Hundred Dollars ($100.00) and no mo re than Two Hundred and Fifty Dollars ($250.00). BY THE SAME ANIMAL(S) - A FINE OF NOT LESS THAN FIFTY DOLLARS ($50.00) AND NOT MORE THAN TWO HUNDRED AND FIFTY DOLLARS ($250.00). C. A Third or subsequent violation, OR AN OFFENSE AFTER A CRIMINAL CONVICTION OF A SIMILARLY RELATED OFFENSE (SUCH AS DISORDERLY CONDUCT OR NUISANCE ) BY THE SAME ANIMAL(S) within a 12-month period - a fine of not less than Two Hundred Dollars ($200.00) and no more than Two Hundred and Fifty Dollars ($250.00). A CLASS ONE MISDEMEANOR WITH SANCTION S UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) IN FINES, UP TO SIX MONTHS IN JAIL, AND UP TO THREE (3) YEARS OF PROBATION. THE MINIMUM SANCTION SHALL BE A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) AND A MINIMUM PROBATIONARY PERIOD OF ONE YEAR. PERSONAL APPEARANCE AT ANY ARRAIGNMENT SHALL BE REQUIRED SO THE MAGISTRATE MAY SET ANY NECESSARY RELEASE CONDITIONS. IN ADDITION, AFTER CONVICTION AND AS PART OF PROBATION, THE MAGISTRATE OF HEARING OFFICER MAY IMPOSE THE USE OF CERTAIN TECHNOLOGICAL OR SURGICAL DETERRENTS AT DEFENDANT’S EXPENSE. D. Default. If an individual receiving a notice of violation fails to appear at the hearing time designated in the notice of violation and/or the time designated for a hearing by the Court, that individual shall be deemed to have admitted the allegation in the complaint and the Court shall enter judgment and impose a civil sanction in accordance with the provisions of this Chapter. IF IT IS A CRIMINAL VIOLATION A WARRANT MAY BE ISSUED FOR THE OWNER’S ARREST. E. If any penalty ordered to be paid by the Magistrate or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate’s order, appropriate civil proceedings, both legal and equitable, may be initiated by the Town Attorney’S LEGAL DEPARTMENT in order to enforce the administrative order. The Magistrate may also institute judicial proceedings as provided by law to collect such penalty. All penalties corrected pursuant to this Article shall be paid to and become the property of the Town of Oro Valley. F. Each day and/or a portion of a day a violation continues under this Article shall constitute a separate offense. 18-8-3 IMPOUNDMENT AND ORDERS TO SHOW CAUSE A. REMOVAL: IF A PEACE OFFICER AND/OR A TOWN ENFORCEMENT AGENT ISSUES A C ITATION FOR 18-8-1, FOR A THIRD OFFENSE, OR SUBSEQUENT EXCESSIVE NOISE OFFENSE, OR PRIOR CRIMINAL CONVICTION FOR THE SAME ANIMAL(S) WITHIN A TWELVE MONTH PERIOD, AND REASONABLY BELIEVES THE ANIMAL(S) WILL CONTINUE TO CAUSE 18-8-1 VIOLATIONS, THE PEACE OFFICER AND/OR TOWN ENFORCEMENT AGENT ARE AUTHORIZED TO SEIZE AND IMPOUND THE ANIMAL(S) BY REMOVING THEM AND PLACING THEM IN THE CUSTODY OF PIMA COUNTY ANIMAL CONTROL OR A SIMILAR AGENCY. B. COSTS – THE CUSTODIAN OR OWNER OF ANY ANIMAL REMOVED AND IMPOUNDED SHALL BE SOLELY RESPONSIBLE FOR ANY IMPOUNDMENT, REMOVAL, BOARDING, VETERINARIAN, DESTRUCTION FEES OR ANY OTHER COSTS ASSOCIATED WITH THE REMOVAL, IMPOUNDMENT AND CARE OF THE SEIZED ANIMAL(S). C. HEARING/ORDER TO SHOW CAUSE 1. WITHIN TEN (10) DAYS OF ANY IMPOUNDMENT DESCRIBED ABOVE , THE CUSTODIAN OR OWNER OF THE ANIMAL(S) MAY FILE A PETITION IN THE ORO VALLEY MAGISTRATE COURT FOR AN ORDER TO SHOW CAUSE WHY THE ANIMAL(S) SHOULD NOT BE RETURNED TO THE CUSTODIAN OR OWNER PEN DING THE OUTCOME OF THE COMPLAINT. 2. THE TOWN MAGISTRATE OR HEARING OFFICER, UPON A SHOWING BY PREPONDERANCE OF THE EVIDENC E THAT REASONABLE GROUNDS EXIST TO BELIEVE THE PROHIBITED CONDUCT WILL NOT CONTINUE, MAY ORDER THAT THE ANIMAL(S) BE RELEASED BY THE PIMA COUNTY ANIMAL CONTROL OR SIMILAR AGENCY AND RETURNED TO THE CUSTODIAN OR OWNER PENDING THE OUTCOME OF THE COMPLAINT. THE MAGISTRATE SHALL SET WHATEVER RELEASE CONDITIONS AS ARE NECESSARY TO ALLEVIATE THE EXCESSIVE NOISE PROBLEM THE ANIMAL(S) ALLEGEDLY CAUSED. 3. IF THE CUSTODIAN OR OWNER IS CONVICTED OF A THIRD OFFENSE OR SUBSEQUENT OFFENSE FOR THE SAME ANIMAL(S) OVER A PERIOD OF TWELVE MONTHS, AND THE CUSTODIAN OR OWNER FAILS TO APPEAR FOR HEARING, SUSTAIN THE BURDEN AT HEARING, OR FAILS TO REQUEST A HEARING, THE PIMA COUNTY ANIMAL CONTROL OR SIMILAR AGENCY MAY PLACE THE ANIMAL(S) UP FOR ADOPTION OR DISPOSE OF THE ANIMAL IN A HUMANE MANNER. 4. IF THE CUSTODIAN OR OWNER IS ACQUITTED OR THE COMPLAINT IS DISMISSED, THE PIMA COUNTY ANIMAL CONTROL CARE CENTER OR SIMILAR AGENCY SHALL IMMEDIATELY RETURN THE ANIMAL(S) TO THE OWNER. ORDINANCE NO. (O)19-03 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA AMEN DING THE ORO VALLEY TOWN CODE CHAPTER 18, ARTICLE 18-1, DEFINITIONS AND ARTICLE 18-8, EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS; VIOLATIONS; PENALTIES AND ADDING SECTION 18 -8-3 EXCESSIVE NOISE – IMPOUNDMENT ORDER TO SHOW CAUSE; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS, TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS ORDINANCE WHEREAS, on September 27, 1989, the Town Council adopted a certain document entitled “The Code of the Town of Oro Valley, Arizona”; and WHEREAS, on June 14, 1989, the Mayor and Council adopted Ordinance No. (O) 89 -13, the Town of Oro Valley Animal Control Code; and WHEREAS, on September 5, 2007, the Mayor and Council adopted Ordinance No. (O) 07-36 amending the Town of Oro Valley Animal Code to conform with Pima County animal control codes; and WHEREAS, the Mayor and Council find that excessive noise caused by animals degrades the environment of the Town and the Town has a substantial, and in some cases, compelling interest in controlling such noise; and WHEREAS, effective enforcement of the excessive noise caused by animals section of this code is essential to the health and welfare of the Town’s inhabitants and to the conduct of the normal pursuits of life; and WHEREAS, the Council has determined that amending Chapter 1 8, Article 8-1, Definitions and Article 18-8, Excessive Noise Caused by Animals and adding Section 18-8-3, Excessive Noise – Impoundment Order to Show Cause is just and appropriate, and is found to be in the best interest of the Town; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro Valley, Arizona that the certain document, known as “The Oro Valley Town Code ” is hereby amended as follows: SECTION 1. That Article 18-1 and Article 18-8 of the Oro Valley Town Code, including the addition of Section 18-8-3, attached hereto as Exhibit “A” and incorporated by reference is hereby amended with additions being shown in ALL CAPS and deletions in Strikeout text. SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisio ns 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. SECTION 4. That the Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessar y to carry out the purposes and intent of this ordinance. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this 20th day of February, 2019. TOWN OF ORO VALLEY ______________________________ Joseph C. Winfield, Mayor ATTEST: APPROVED AS TO FORM: _________________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director 18-1 Definitions A. Altered dog - a spayed female dog or neutered male dog. B. Animal - any fowl, reptile, amphibian or mammal, except for human beings. C. At Large - being neither confined by an enclosure nor physically restrained by a leash. D. Bite - the penetration of the skin by the teeth of any animal. E. Biting Animal - any animal that bites or otherwise injures human beings or other animals without provocation. F. Collar - a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed. G. Destructive Animal – any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal’s owner. H. Dog - any member of the canine species. I. EXCESSIVE NOISE – UNREASONABLE NOISE THAT TRAVELS OVER ONE OR MORE PROPERTY LINE AND INTERFERES WITH THE COMFORTABLE ENJOYMENT OF LIFE OR PROPERTY BY A NEIGHBOR OR COMMUNITY . FACTORS CONSIDERED IN DETERMINING IF NOISE IS UNREASONABLE INCLUDES, BUT IS NOT LIMITED TO: a. THE LEVEL, CHARACTER, FREQUENCY, AND DURATION OF THE NOISE; b. THE PROXIMITY TO INHABITED STRUCTURES; c. THE CHARACTER AND ZONING OF THE NEIGHBORHOOD; d. ANY DISCERNABLE REASONS THAT LIKELY CAUSED THE NOISE TO BE MADE. J. Impound - the act of taking or receiving an animal into custody for the purpose of confinement at the Town’s animal enforcement agent’s facility. K. Leash or Lead - a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal’s neck. L. Licensed Dog - any dog having a current license. M. Livestock - neat animals, horses, sheep, goats, swine, mules and asses. N. Owner - any person owning, keeping, possessing, harboring, maintaining or having custody and/or control of an animal within the Town limits. O. Peace Officer – includes any animal control officer. P. Police Dog - any dog belonging to any law enforcement agency service dog unit. Q. Property Line - the line which represents the legal limits of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the “property line” shall be the nearest boundary of the public right-of-way. R. Provocation - any behavior toward an animal and/or its owner or its owner’s property which is likely to cause a defensive reaction by said animal. S. Tie -Out - a chain, leash, wire cable or similar restraint attached to a swivel or pulley. T. Town Enforcement Agent - the Pima Animal Care Center director and/or his/her designee. U. Under Restraint - an animal secured by a leash or lead and under control of a responsible person, confined within a vehicle or located upon the real property limits of its owner. V. Vaccination - an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian and administered by a state licensed veterinarian. W. Vicious animal - any animal that bites, attempts to bite, endangers and/or injures people and/or other animals. 18-8 Excessive Noise Caused by AN Animal; Violations; Penalties 18-8-1 It is a civil infraction for anyone owning, possessing, harboring and/or controlling any animal or bird which does the following: Frequently or for continuous duration howls, barks, meows, squawks or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet or comfort of the neighboring inhabitants. NO PERSON SHALL KNOWINGLY ALLOW, CAUSE, POSSESS, PERMIT, MAKE, OR HARBOR ANY ANIMAL THAT MAKES EXCESSIVE NOISE. 18-8-2 Civil Sanctions . A person found responsible for a violation of this Article 18-8-1 shall be - SEPARATE AND APART FROM THE PROVISIONS OF 18 -8-3 - sanctioned by the Magistrate or hearing officer as follows: A. A First violation within a 12-month period - a fine of not less than Twenty Five Dollars ($25.00) and no more than Two Hundred and Fifty Dollars ($250.00). B. A Second violation within a 12-month period a fine of not less than One Hundred Dollars ($100.00) and no mo re than Two Hundred and Fifty Dollars ($250.00). BY THE SAME ANIMAL(S) - A FINE OF NOT LESS THAN FIFTY DOLLARS ($50.00) AND NOT MORE THAN TWO HUNDRED AND FIFTY DOLLARS ($250.00). C. A Third or subsequent violation, OR AN OFFENSE AFTER A CRIMINAL CONVICTION OF A SIMILARLY RELATED OFFENSE (SUCH AS DISORDERLY CONDUCT OR NUISANCE ) BY THE SAME ANIMAL(S) within a 12-month period - a fine of not less than Two Hundred Dollars ($200.00) and no more than Two Hundred and Fifty Dollars ($250.00). A CLASS ONE MISDEMEANOR WITH SANCTION S UP TO TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) IN FINES, UP TO SIX MONTHS IN JAIL, AND UP TO THREE (3) YEARS OF PROBATION. THE MINIMUM SANCTION SHALL BE A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) AND A MINIMUM PROBATIONARY PERIOD OF ONE YEAR. PERSONAL APPEARANCE AT ANY ARRAIGNMENT SHALL BE REQUIRED SO THE MAGISTRATE MAY SET ANY NECESSARY RELEASE CONDITIONS. IN ADDITION, AFTER CONVICTION AND AS PART OF PROBATION, THE MAGISTRATE OF HEARING OFFICER MAY IMPOSE THE USE OF CERTAIN TECHNOLOGICAL OR SURGICAL DETERRENTS AT DEFENDANT’S EXPENSE. D. Default. If an individual receiving a notice of violation fails to appear at the hearing time designated in the notice of violation and/or the time designated for a hearing by the Court, that individual shall be deemed to have admitted the allegation in the complaint and the Court shall enter judgment and impose a civil sanction in accordance with the provisions of this Chapter. IF IT IS A CRIMINAL VIOLATION A WARRANT MAY BE ISSUED FOR THE OWNER’S ARREST. E. If any penalty ordered to be paid by the Magistrate or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate’s order, appropriate civil proceedings, both legal and equitable, may be initiated by the Town Attorney’S LEGAL DEPARTMENT in order to enforce the administrative order. The Magistrate may also institute judicial proceedings as provided by law to collect such penalty. All penalties corrected pursuant to this Article shall be paid to and become the property of the Town of Oro Valley. F. Each day and/or a portion of a day a violation continues under this Article shall constitute a separate offense. 18-8-3 IMPOUNDMENT AND ORDERS TO SHOW CAUSE A. REMOVAL: IF A PEACE OFFICER AND/OR A TOWN ENFORCEMENT AGENT ISSUES A C ITATION FOR 18-8-1, FOR A THIRD OFFENSE, OR SUBSEQUENT EXCESSIVE NOISE OFFENSE, OR PRIOR CRIMINAL CONVICTION FOR THE SAME ANIMAL(S) WITHIN A TWELVE MONTH PERIOD, AND REASONABLY BELIEVES THE ANIMAL(S) WILL CONTINUE TO CAUSE 18-8-1 VIOLATIONS, THE PEACE OFFICER AND/OR TOWN ENFORCEMENT AGENT ARE AUTHORIZED TO SEIZE AND IMPOUND THE ANIMAL(S) BY REMOVING THEM AND PLACING THEM IN THE CUSTODY OF PIMA COUNTY ANIMAL CONTROL OR A SIMILAR AGENCY. B. COSTS – THE CUSTODIAN OR OWNER OF ANY ANIMAL REMOVED AND IMPOUNDED SHALL BE SOLELY RESPONSIBLE FOR ANY IMPOUNDMENT, REMOVAL, BOARDING, VETERINARIAN, DESTRUCTION FEES OR ANY OTHER COSTS ASSOCIATED WITH THE REMOVAL, IMPOUNDMENT AND CARE OF THE SEIZED ANIMAL(S). C. HEARING/ORDER TO SHOW CAUSE 1. WITHIN TEN (10) DAYS OF ANY IMPOUNDMENT DESCRIBED ABOVE , THE CUSTODIAN OR OWNER OF THE ANIMAL(S) MAY FILE A PETITION IN THE ORO VALLEY MAGISTRATE COURT FOR AN ORDER TO SHOW CAUSE WHY THE ANIMAL(S) SHOULD NOT BE RETURNED TO THE CUSTODIAN OR OWNER PEN DING THE OUTCOME OF THE COMPLAINT. 2. THE TOWN MAGISTRATE OR HEARING OFFICER, UPON A SHOWING BY PREPONDERANCE OF THE EVIDENC E THAT REASONABLE GROUNDS EXIST TO BELIEVE THE PROHIBITED CONDUCT WILL NOT CONTINUE, MAY ORDER THAT THE ANIMAL(S) BE RELEASED BY THE PIMA COUNTY ANIMAL CONTROL OR SIMILAR AGENCY AND RETURNED TO THE CUSTODIAN OR OWNER PENDING THE OUTCOME OF THE COMPLAINT. THE MAGISTRATE SHALL SET WHATEVER RELEASE CONDITIONS AS ARE NECESSARY TO ALLEVIATE THE EXCESSIVE NOISE PROBLEM THE ANIMAL(S) ALLEGEDLY CAUSED. 3. IF THE CUSTODIAN OR OWNER IS CONVICTED OF A THIRD OFFENSE OR SUBSEQUENT OFFENSE FOR THE SAME ANIMAL(S) OVER A PERIOD OF TWELVE MONTHS, AND THE CUSTODIAN OR OWNER FAILS TO APPEAR FOR HEARING, SUSTAIN THE BURDEN AT HEARING, OR FAILS TO REQUEST A HEARING, THE PIMA COUNTY ANIMAL CONTROL OR SIMILAR AGENCY MAY PLACE THE ANIMAL(S) UP FOR ADOPTION OR DISPOSE OF THE ANIMAL IN A HUMANE MANNER. 4. IF THE CUSTODIAN OR OWNER IS ACQUITTED OR THE COMPLAINT IS DISMISSED, THE PIMA COUNTY ANIMAL CONTROL CARE CENTER OR SIMILAR AGENCY SHALL IMMEDIATELY RETURN THE ANIMAL(S) TO THE OWNER.    Town Council Regular/Study Session 1. Meeting Date:02/20/2019   Requested by: Town Council Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: DISCUSSION REGARDING THE ORO VALLEY COMMUNITY & RECREATION CENTER AND GOLF COURSES *The Town Council will hold a listening session within this agenda item in order to hear from members of the community.  The Council may discuss this topic but will not be making any decisions on the Community and Recreation Center or golf courses. RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: This item is for discussion only. Attachments No file(s) attached.