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*AMENDED (06/30/05, 3:00 p.m.) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION JULY 6, 2005 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-431.03(A)(3) and (A)(7), consultation with Town Attorney for legal advice, and discussion with and instruction to Town Attorney concerning litigation and possible settlement of: Town of Oro Valley v. Monterey Homes Construction, et. al. (Pima County Superior Court No. C2004-6184) (Town facilities site condemnation); and discussion/consultation with staff pursuant to ARS 38-431.03(A)(7) regarding negotiations for the purchase of the subject real property. 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 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. 07/06/05 Agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes —06/01/05;06/06/05;06/08/05 B. Police Report — May 2005 C. Building Safety Activity Report— May 2005 D. Resolution No. (R)05-37 Adopting the renewal of an Intergovernmental Agreement between the Town of Oro Valley and Pima County for payment of costs of incarceration of municipal prisoners in the Pima County Jail E. Resolution No. (R)05-38 Adopting the Intergovernmental Agreement between Arizona Division of Emergency Management, and the Town of Oro Valley Police Department to participate in the Federal Department of Homeland Security Office of Domestic Preparedness 2004 Homeland Security Grant Program F. Resolution No. (R)05-39 Authorizing and Approving the renewal of an Intergovernmental Agreement between the City of Tucson and the Town of Oro Valley for Library Services (Operation and maintenance of the Oro Valley Public Library) G. Resolution No. (R)05-40 Amending that document known as the "Rules and Operating Procedures, Oro Valley Budget and Bond Committee" and making such document a public record (change the Committee name to "Finance and Bond Committee" and increase their regular meetings from a quarterly basis to a monthly basis) H. Approval of Application for inclusion to the Water Utility Service Area submitted by Javier Acevedo (property located at 9797 N. St. Patrick, Pima County Parcel 21630021A) I. Award of bid for local sales tax auditing services not to exceed $50,000 to Albert Holler & Associates J. *Granting the Town Manager authority to submit a funding proposal to the Tohono O'Odham Nation for the Honey Bee Village Preserve Concept Plan, and/or the Development of a Town Historic Preservation Plan 2. TOWN OF ORO VALLEY V. MONTEREY HOMES CONSTRUCTION, ET. AL. (PIMA COUNTY SUPERIOR COURT NO. C2004-6184) (TOWN FACILITIES SITE CONDEMNATION): DISCUSSION AND POSSIBLE ACTION TO APPROVE SETTLEMENT OF THE PENDING CASE AT A NEGOTIATED PURCHASE PRICE OF $4,725,000, TOGETHER WITH STATUTORY INTEREST AND ASSOCIATED CHARGES (ACTUAL AMOUNTS TO BE DETERMINED LATER); AND DIRECTION TO STAFF TO PURSUE FINAL SETTLEMENT OF THE LITIGATION, AS WELL AS VARIOUS FUNDING OPTIONS (INCLUDING PUBLIC FINANCING) FOR POSSIBLE FUTURE ACTION BY COUNCIL. 07/06/05 Agenda, Council Regular Session 3 3. RECOGNITION OF ORO VALLEY HISTORICAL SOCIETY AND PRESENTATION OF $1,000 FROM THE ORO VALLEY ENDOWMENT FUND 4. PRESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING BOARD/COMMISSION MEMBERS 5. APPOINTMENT OF THREE (3) MEMBERS TO THE WATER UTILITY COMMISSION WITH TERMS EFFECTIVE JULY 1, 2005 — JUNE 30, 2008; AND APPOINTMENT OF ONE (1) MEMBER FILLING VACANCY FOR AT-LARGE #2, WITH TERM EFFECTIVE JULY 1, 2004 — JUNE 30, 2007; AND REVISING THE REMAINING POSITIONS AS FOLLOWS: MIKE CAPORASO (RESIDENTIAL #1); STEVE RIVERA (RESIDENTIAL #2) AND GREGG FORSZT (COMMERCIAL) 6. PUBLIC HEARING — ANNEXATION ORDINANCE NO. (0)05-30 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA— (970 ACRES, ANNEXATION AREA J OTHERWISE KNOWN AS LA CHOLLA Al RPARK) 7. HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE: PRESENTATION OF CONCEPTUAL PLAN Explanation: A conceptual site plan has been developed for the 14-acre Honey Bee Village to provide for preservation of the core area of the archaeological site and to propose development of trails and interpretative elements for visitors to the site and options for the interface of the site with future surrounding development. 8. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN COUNCIL LIAISON ASSIGNMENTS FOR FISCAL YEAR 2005-06 9. DISCUSSION ABOUT AMENDING COUNCIL PROCEDURES TO LIMIT DEBATE 10. DISCUSSION REGARDING AMENDMENT TO THE TOWN COUNCIL POLICIES AND PROCEDURES TO ABOLISH THE AGENDA COMMITTEE AND REPLACE IT WITH A PERMANENT AGENDA ITEM AT THE END OF EACH REGULARLY SCHEDULED COUNCIL MEETING TO SETUP FUTURE AGENDAS FOR REGULARY SCHEDULED AND PROPOSED COUNCIL MEETINGS 07/06/05 Agenda, Council Regular Session 4 11 . DISCUSSION AND/OR POSSIBLE ACTION REGARDING THE POSSIBLE REMOVAL OF DEVELOPMENT REVIEW BOARD MEMBER RICHARD FEINBERG 12. 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 POSTED: 06/24/05 AMENDED AGENDA POSTED: 06/30/05 4:30 p.m. 3:00 p.m. lh rg 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 229-4700. 07/06/05 Agenda, Council Regular Session 5 INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1 . Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. ,bA),.. .y , — <z- o wait :1O ..� 11000 N.La Canada Dr. f ♦ 4:tom Oro Valley,Arizona 85737 • to. Phone(520)229-4900 FAX(520)797-2616 DANIEL G.SHARP,Chief of Police 4;. www.ovpd.org 0NDEt 19 ORO VALLEY POLICE DEPARTMENT "FAIRNESS, INTEGRITY, EXCELLENCE" MEMORANDUM TO: Honorable Mayor Loomis & Oro Valley Council cT.-:\41 FROM: Chief Daniel G. Sharp I- - REF: May 2005 Statistics DATE: June 17, 2005 Please find attached the statistics for the Oro Valley Police Department for May 2005 and Citations/Warnings total for the previous month. Also included are the response times for priority 1-4 calls. • , * OD C) C) C) 0 * D D 7J "o 7J * 0 D m X D D 5 -1 D = D r D > -I co --I * -, u) ip, > > > 0 _g_ -.. 0 CT "0 -1 11) 0 a cf.) -, -, . 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LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:02 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Barry Gillaspie, Vice Mayor .l ,y Paula Abbott, Council Member }"• 'f y/r, Carter, Council Member Conny Culver, Council Me Terry Parish, Council M EXCUSED Helen Dankwerth, `cil :'iia N`: : {tJber ./:)' •%y! , ):; ! we PLEDGE OF ALLEGIANCE ,..�,�''`:.,.,,d••<. ntotth. a P :e i anc Mayor Loomis led the audience in the F� :A`:..,�- � `.."::, � r�::�:: 134, UPCOMING MEETING ANNOUNCEMEN:,/".P. 44`4" ve,5;_f," Town Manager Chuck 45,,:x Sw :.':. evi eyed the u- ning meetings and events. :-:> /,Jf r !• f /Sy'f it%. ,'`,fr,f:"`' COUNCIL REPORT r�;` ::: ;. ;>;,,••; • »;;fit'-r�f�,�f>f,. `°foo�. < , i,^'i i,"i nd F;. ::5~`.: recent trainingsession in Nevada that she a .:::...: :. :,.,..:: ori ¢��•�: a Council M emb :..::: y1�✓1) .}::VSIS4I1� : .:•. Me 4oer -.4404",: de stated that the sessionwas titled "Public Council ..` .,.:.. e Culve��� �����':� �.4 Y(n$S,M'f'!'iii:•: yNl. • CheckbookmcludedVessions on budgeting, Capital Improvement Projects funding, funding de rec • n, Safdewalk Program" (Federal monies that help provide sidewalks) and a l:debt service ratios (vs. `pay as you go.') :VP,:r = :: Council Member Carter reported that he recently met with the Sun City Board. DEPARTMENT REPORTS Police Chief Danny Sharp reported that the Oro Valley Police Department had six members graduate from the Police Academy on Friday, May 27th. ActingTown Engineer Craig Civalier reported that the grading permits for Steam Pump Village Phase I have been issued. He also reminded everyone that the ground-breaking ceremony for Steam Pump Village would be held on Tuesday, June 2nd from 8:30—9:30 a.m. 06/01/05 Minutes,Council Regular Session 2 TOWN MANAGER'S REPORT—No report. CALL TO AUDIENCE Alan Lathrem, 1750 W. Tangerine Road, stated that he was pleased that the La Canada Drive Widening project was finished but he had a problem with how the project was done. He stated that the contractor did not structure the project in such a way to get it finished in a timely manner. 1. CONSENT AGENDA Council Member Culver requested that Item I be pulled for discusi,‘ Mayor Loomis requested that Item H be pulled for discussion and Council Me '`l‘rAbbott requested q y.:.. that Item D be pulled for discussion. a;:. 7�/•/%•" 'ir:., MOTION: Council Member Carter MOVED to APP': ::- the Co'```1:'' Agenda with �� ECONDED � � ' exception of Items D, H, and I. vice Mayor Gill.�:: '` otion. J:. the y ��:�.�,�,���.���',�• ��. Ar;',/ Motion carried, 6— 0. Agr A. Minutes—04-20-05,05-02-05,05-04-05;1 `' ; 5;05-12-05;05-16-05,05-18- B. Resolution No. (R)05-23 A ha docuar known as the"Rules and Operating Procedures, Oro Val �::; Pa'�� .• • �� - � $.I onin Commission, June 1, 2005" and makingsuch a docu �v.:• � , :.�:.•eo .1 record C. Resolution No. (R-,0(9:.f..f Awa ` : i;contract to Arizona Hydroseed, LLC in the amount of',. e i 99'' O 1`.tri or h . ieeding of the Oro ValleyMunicipal . p Service Cen3.P!rojec,,,4:"4,„gy� : ,,. :::.: f': '•of Contract in the amount of$49,100.00 for D Resolution 1 �A � ;� �.•• �'�` ' •� yr/yjri:r.it r ww,N.)y'.. r,: professiQual eng M.r�fng services to Bernard Deutsch Associates, Inc. fort e ici ` -rvices Center (PULLED FOR DISCUSSION) b„ `. .f�: t?`Providing a Public Access Easement Agreement E. �ut�on444.4" � R 0 ‘`, g jails withltige Rancho Vistoso Planned Area Development and making s ` : . umen ublic Record y�( " '10i-oval of Public Art for the Oracle CrossingShopping Center F. O V�� -� �� �� pp g 'Jf.` Magee Road and on the west side of Oracle Develop°•4�,+. s:ocated south of g Road 'r^` G. Resolution No. (R)05-27 Declaring as a public record that certain document filed with the Town Clerk and entitled "The Proposed Amendments to Article V of the Town Tax Code of the Town of Oro Valley, Arizona" H. Clarification to the April 6, 2005 motion to appoint Mr. Bill Adler to fill the immediate vacancy with a term ending June 30, 2005; and, continue to serve his first term from July 1, 2005 —June 30, 2007; and re-appoint Mr. John Anning effective July 1, 2005 — June 30, 2007 (PULLED FOR DISCUSSION) 1. Resolution No. (R)05-28 Appointing Independent Outside Legal Counsel to serve as Special Town Attorney for the limited purpose of advising and 06/01/05 Minutes,Council Regular Session 3 assisting the Town Clerk and otherwise carrying out the Municipal Attorney Election Duties under Arizona Revised Statutes, Titles 16 and 19, including anyrelated litigation as may specifically arise from and be related to the g Petition circulated by the Arizona Political Committee"Stop O.V. Outrageous Giveaways (SOVOG"), referring Ordinance No. (0)04-10 to Public Vote (PULLED FOR DISCUSSION) D. RESOLUTION NO. (R)05-25 AWARD OF CONTRACT IN THE AMOUNT OF $49,100.00 FOR PROFESSIONAL ENGINEERING SERVICES TO BERNARD DEUTSCH ASSOCIATES, INC. FOR THE ORO VALLEY MUNICIPAL SERVICES CENTER In responsea to question from Council Member Abbott, Financ;� . ; f ' ector David Town'spolicies do not require t ;;.`' $" o out for bid on 5','!;:',14/:,4, ry�•�'•1r�r�. Andrews explained that the q � :. ..y: i it gid. Professional Services. ,,,. f :r�: :Vix,, :i�:�. I .fi••. commented that he would like,A,.-- ouncil to give ; ific Vice Mayor Gillaspie ;�,�f �- like to staff and to provide clarification on tl�, "les o, s that they ould like to see for the Municipal Services Center. ,r -. ttpr �•�"� 4600 E. Indian School Brooke Bogart, architect/consultant fro f`` � , :. tsch Assoc .��: :arch e-t fe communities in which Road explained that they do extensive �N �� .,,.,,,,�, �,:..>;.v�>,. r;. hhi :t• �114,04public r,4>,+rithe are rovidin their service. She statpry tat �" meetings that include citizens, Council members, staff etc. at ,. 0 bra storm to come up with ideas. She further explained that th t6 :tpny s specialty is environmental design and they " f" ��F" ��"` , and are friendlier for the employees provide designs that are sus a`b "-:: :..`se less rgy tem':ter plans that include a budget, space and visitors. She expla f•$" ` bat t4,0 �isp, g p �Ti�fN.ir1l. �"�r/�%rJ.,,,x .rfWJ�/ /r J•N:'f: > allocations and future ne sy- , l; " " � he are In response to ,Y , VIZ v :: rom°- :: council Member Abbott, Ms. Bogart stated that they��'` ��� .`�, "��� further commented w:. her r ts. Council Member Abbott using solar `ol ogy �°• � p that she we�: = ke a costYYff` j erential provided for the different solar technology aspects forw that could bNItzlit ..y��..:`. ',,e,ti,e,,-.3.?" MOTION: CouncitW,,Ohber Parish MOVED to ADOPT Resolution (R)05-25. Council Member Abbott SECiiNDED the motion. Motion carried, 6 —0. H. CLARIFICATION TO THE APRIL 6, 2005 MOTION TO APPOINT MR. BILL ADLER TO FILL THE IMMEDIATE VACANCY WITH A TERM ENDING JUNE 30, 2005; AND, CONTINUE TO SERVE HIS FIRST TERM FROM JULY 1, 2005—JUNE 30, 2007; AND RE-APPOINT MR. JOHN ANNING EFFECTIVE JULY 1, 2005—JUNE 30, 2007 MOTION: Vice Mayor Gillaspie MOVED to APPOINT Bill Adler (to the Planning and Zoning Commission) to fill the immediate vacancy with a term ending June 30, 2005 and continue to serve his first term from July 1, 2005 through June 30, 2007. Council • 06/01/05 Minutes,Council Regular Session 4 Member Abbott SECONDED the motion. Motion carried, 5 — 1, with Mayor Loomis opposed. MOTION: Vice Mayor Gillaspie MOVED to RE-APPOINT John Anning (to the Planning and Zoning Commission) for a term of July 1, 2005 through June 30, 2007. Council Member Culver SECONDED the motion. Motion carried, 6— 0. 1. RESOLUTION NO. (R)05-28 APPOINTING INDEPENDENT OUTSIDE LEGAL COUNSEL TO SERVE AS SPECIAL TOWN ATTORNEY FOR THE LIMITED PURPOSE OF ADVISING AND ASSISTING THE TOWN CLERK AND OTHERWISE CARRYING OUT THE MUNICIPAL ATTORNEY ELECTION DUTIES UNDER ARIZONA REVISED STATUT• , TITLES 16 AND 19, INCLUDING ANY RELATED LITIGATION AS MAY,PECIFICALLY �:..... ULATED BY THE ARISE FROM AND BE RELATED TO THE PETITION�ji:.,, �� :1 ..•Y ARIZONA POLITICAL COMMITTEE "STOP O.V. Q. �'"` . OUS Nog,: GIVEAWAYS (SOVOG"),REFERRING ORDIN .; ,.. E NO. (0)4- 0 TO PUBLIC VOTE ,,•!,;Y;>:> �it yam,,. �"�� •�����elinda Garrahan clarified At the request of Council Member Culver, Town A+:, npy that the purpose of this Resolution is to appoint Outside{Y`N ._al Counsel to represent the �y bly Town Clerk in her separate and independent'• lection d •ncerning the referendum • `" qiyeaways"fi"`` ' al Action Committeeetitions as filed by Stop O.V. Outrage s }: etltions/si She further explained that questions wer � ��e � �: 3�p gnature sheets in the way that they were filed as these .etitionsate ) A.}./.:;; :"4, s • s did not appear to be in l::... accordance with Arizona Sta ` e A.R. 41121.01 which requires among other w�•��.•-��• �� ���` :,, •r`o e sign. " sheets not attached to a copy of the things, that the Town Cler;•��" '•� � :,.,:. Title and Text of the M ; :: "e. M ; ::ahan • n explained that the petitions/signature �.4 ��•� :`� f n� !s',7• '�'' of the Measure attached. sheets were filed with th,�., yr ' }' it a copy IOW' "v ;!�`. .: .}. ` .:.tt•, •; enda when it comes to election matters should be Ms. Garrahan "�� : � �� .�:� e �.l.s: �•.�:�� :; , l followingt ' ` and _; din tside Legal Counsel to the Town Clerk will insure •�6��� • i : that therex erception4ther"agendas". She stated that the Town Clerk and Outside Legal ;}*nsel wi fi,, - ok at the laws, make the best decisions they can, and even ``'�'s matter mayend upin Court again, it would be because "the �� �� though it i s poss��� � ����.:�a a�:--:�..:� agenda is to follow- rv. MOTION: Council Member Culver MOVED to APPROVE Resolution (R)05-28 appointing independent Outside Legal Counsel. Council Member Parish SECONDED the motion. Motion carried, 6—0. 2. PUBLIC HEARING—LIQUOR LICENSE APPLICATION - SERIES 09 (LIQUOR STORE) PERSON AND LOCATION TRANSFERS FOR ALBERTSON'S #995 LOCATED AT 10805 N. ORACLE ROAD Town Clerk Kathryn Cuvelier reviewed the Council Communication. • 06/01/05 Minutes,Council Regular Session 5 Mayor Loomis opened the public hearing. Nicholas Guttilla, Law Firm of Guttilla and Murphy representing Albertson's #995, stated that he was present to answer any questions that the Council may have. Mayor Loomis closed the public hearing. MOTION: Vice Mayor Gillaspie MOVED to RECOMMEND approval of the request for a Person Transfer and Location Transfer to the Arizona State Liquor Board for a Series 09 Liquor License at Albertson's #995 located at 10805 N. Oracle Road. Council Member Carter SECONDED the motion. Motion carried, 6—0. 3. PUBLIC HEARING — ORDINANCE NO. (0)05-23 :,,EXEMPT MOUNTAIN VIEW PLAZA FROM A PORTION OF T A y :•:,r CHO VISTOSO �� ��,'y�f`��•�� r r'�f'/r3:4:: 4/�:.'.'(7._C..+'h`,+rr:Cji: PLANNED AREA DEVELOPMENT (PAD) SIGN RE ' ��. R f., 4 ,.:}TS AND TO BE REGULATED UNDER THE ORO VALLEY ZON : CODE ; f Y.:';, $ED, ° HO VISTO ; : :, CHAPTER 12, SIGNS,LOCATED AT 1171 E. ':!`::: . �- � BOULEVARD, PARCEL #223-03-3510 { . , Ap,h,,,,, *i',,,,,, , ii. '4,574,4Q''' Byron Patton, Rainbow Signs, representing Mountaia :ti:h;:A. Plaza, reported that currently a freestandingsign that is illuminated by : Blights is 1; ""`' �: e at the Plaza. He stated of the ce `- "f .d does' ; :'allow for the individual that the sign displays the name ,5:�.::; y,:.,.;.�:, ., tenant'sof th"Y� an'�" �r�`""'•y�lV`�'�'`�"•��� st 320 feet from Rancho names. H e stated that most eters `%°::: nn `t e si y visible from the road. Mr. Vistoso Boulevard so the buildin wall si '� a�: A. s`� ,��i/ ,1,,,,001* fi f..! Patton stated that they are as � odify existing sign. In response to a question Xii FlF1.:..r.J ./\'!Y'J�rG.: /�'f from Vice Mayor Gillaspie,. ry • :k explai* that the floodlights would be taken '` He also explained that the light's down and the sign wou � �interza•�°���,,.�,�;��um1 gid. � :�•��: :�; v� .�,::• •-? ��hel diffuse anyglare. panels would be covere ..- {�, , .•:, ?. p . p a � ,�' : g ,,,,,..„,,,,,,, rf"• �ice �:.:i;�/ :>;., 01000,,knigiittpryant,�r`:; ant Nodine stated that the applicants are Planningandt . ;:: requesting :.�'� se'', of the Rancho Vistoso Planned Area Development �mptio : : e` ':� x lained that the proposal as submitted complies with all ,,..:. f: f:..:: p p p p (PAD) sig +:���]ations. ;`-:. ;;'y.. &ception of the inclusion of the tenants' names on the sign• aspects of th������ :with t a Mr• Nodine stat • -s: t;proposed color palette matches the signs in the areas. He further reported that the ad nal signage would be mitigated by the cohesive design with ������+ signage in the surrounn areas. He stated that the Development Review Board g recommended approval of the PAD exemption at their April 12, 2005 meeting. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Abbott MOVED to ADOPT Ordinance (0)05-23, OV3-05- 03, PAD exemption to allow Mountain View Plaza to operate under Section 12.502.F.1 of the Oro Valley Zoning Code Revised. Council Member Culver SECONDED the motion. Motion carried, 6—0. • 06/01/05 Minutes,Council Regular Session 6 4. APPOINTMENTS TO THE BUDGET AND BOND COMMITTEE WITH TERMS EFFECTIVE JULY 1, 2005 - JUNE 30, 2007 MOTION: Council Member Culver MOVED to APPOINT Aaron Fischer and re- appoint Anil Hiremath to the Budget and Bond Committee for terms of two years with those terms ending June 30, 2007. Council Member Abbott SECONDED the motion. Motion carried, 6—0. 5. APPOINTMENTS TO THE DEVELOPMENT REVIEW BOARD WITH ONE TERM EFFECTIVE IMMEDIATELY THROUGH JUNE 30, 2006 AND THREE TERMS EFFECTIVE JULY 1, 2005 - JUNE 30, 2007 MOTION: Council Member Culver MOVED to APPOINT Dia"ohnson to the Development Review Board to fill the immediate vacancy w•. :` :.hrn ending June 30, 2006 and effective July 1, 2005, to appoint John Buette, M .: �el . .:J::r and to re-appoint Nveto a di Darold Marc Panas for terms ending June 30, 2007 and additio, � . y, pp {fes �-VW, :r >f''` 2006. Kandetske as an alternate to fill any vacancythat m �X : .r ur prior to Junes Council Member Carter SECONDED the motion 'y ,- "" DISCUSSION: Mayor Loomis expressed concern r=` ^y g the naming of an alternate Council has not done that in ,:;, „past. He sr��.,: that if someone resigns from because the :: � the Board, it is up to the Council Liaison an ey airma }; he Board to decide how %rV v.J"' Jr� !r'•r.:w+�•'.r :::.. •'.Hx`''rc'lJ�!!`ryr•i.;.,::. vacancy adverti . f�r a ' ;. {: R - eole, consider the •they want to fill the � '�., p applications that have alreadybeen submi ' : ` e.. • , etc.) He suggested that this CP .: : � ��� � �,i:r. portion of the motion be rem. . . �rc`:41 let th :jaison and the Chairman decide how to fill any vacancies. $nf ' :.r ,;tip•J 1101 16.1k ` Council Member Culver K : ' - `was a tremendous amount of staff time and � ���• .�' � ` many hours of interviewing .y. ,,/. She stated that if in the event that a vacancy would ' . •wonl y ..; '': e would fill thatposition with aqualified person occur over the sr ` ll - y without hav:ittit take tiri pre s $t ime and interview time. She stated that Mr. Kandetske eery quailt:O't.but there just were not enough openings on the Board. ie* � r'.:: s ed that she agreed with the Mayor and that convenience Z�4 Council M embe��`��{:�` � �rY ::.. should not outweiseed to review all applicants. Besides, Chairs and Council positions canhan e so it should be leften. She further asked that the motion o Liaison g p be divided so that the Council can vote on the vacancies and then vote separately on the alternate. Council Member Parish stated he agreed that board members should not be appointed unless they have been evaluated; however, Mr. Kandetske was evaluated. He also stated that he felt the one year time frame should be shortened to six months. Council Member Culver stated that she could accept the change from one year to 6 months for consideration of Mr. Kandetske as an alternate to the Development Review Board. (No acknowledgement was made by the Second.) • 06/01/05 Minutes,Council Regular Session 7 Council Member Abbott stated that she can not support the motion as presented unless the motion is divided for consideration. MOTION CARRIED, 4 —2, with Mayor Loomis and Council Member Abbott opposed. 6. APPOINTMENTS TO THE BOARD OF ADJUSTMENT WITH TERMS EFFECTIVE JULY 1, 2005 - JUNE 30, 2007 MOTION: Mayor Loomis MOVED to APPOINT Thomas Dwan and Thomas "Andy" Martin to the Board of Adjustment effective July 1, 2005 for a two-year term ending June 30, 2007. MOTION FAILED due to a lack of a Second. rfa: "07 �` 'si and Thomas MOTION: Council Member Parish MOVED to APPOINT A*,,,, » � �' o-year terms And Martin to the Board of Adjustment effective July t : endingJune 30, 2007• Motion SECONDED byCounc', N:ember Cut; '`:>%%,Motion .:F. :,��'j%[ carried 4 - 2, with Mayor Loomis and Council Me !-,0Abbott oppose ;/ 7• APPOINTMENTS TO THE PARKS &` . '4'''‘l'ION ADVISORY �6'rr:2'i''fFil�'�in'�-,:'/ BOARD WITH TERMS EFFECTIVE JULY 1, 2Or,�Tf;; UNE 30, 2007 v•.!!mss . • QV :v NTI -..: A appointments to the Parks MOTION: Council Member Abbott � ° .% -::r��:::0 pp �• :: Member Dankwerth was not and Recreation Advisory Board due to thct I , ��v'"": she would like to ask her ues ,:',,: • e sesat on the interview panel• present and q ! :!f`i%':�. 110 ,::MOTION FAILED due to Seco . /�G...�"' ..;,mak vtif,, MOTION: Council MpW:r P:.ark" :.:N.�• VE " " APPOINT Mark Arneson, Bob o b Keefe and Dennis Ottleyto th �"y §: �, " `, AdvisoryBoard effective July 12005 for r two-year terms end.': ::.:. ,June ;007 and additionally that Ray Caryl be appointed as the alternate until ;%•,, :.< `ncil Me% :.er Culver SECONDED the motion. Mayor Lo• ynd Coun � ..l;ember Abbott expressed concerns regarding appointing an Alternate. - MOTION CARRI64 0. 4te' 8. OV12-04-31 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN FOR THE ORO VALLEY CAR WASH, LOT 11 OF MERCADO DEL RIO COMMERCIAL SUBDIVISION, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE AND WEST OF ORACLE ROAD, PARCEL 224-28- 143A Kit repDonley, resenting the Oro Valley Car Wash on Lot 11 of Mercado del Rio, stated that the architecture and landscape plans have been approved for the car wash. He also stated that they are in agreement with the staff's comments. 06/01/05 Minutes,Council Regular Session 8 In a response to question from Vice Mayor Gillaspie and Council Member Culver, Mr. p Donley explained that the car wash would operate from 8:00 a.m. to 8:00 p.m. only during the summer and they hoped to open the car wash this time next year. Planning and ZoningAdministrator Bryant Nodine reviewed the factors for the approval of the Development Plan and reported that the Development Review Board has recommended approval of the Plan; it meets all Zoning Code and Conditional Use Permit requirements; it meets all applicable General Plan policies; and adequate screening has been incorporated ad•acent to the car wash tunnel and canopy structures to minimize rp J noise nuisance from the surrounding properties. He stated that there were no factors against the Development Plan for the car wash. f MOTION: Council Member Abbott MOVED to APPROVE 0r <r 04-31, Development Plan for a car wash facility on Lot 11 of Mercado del Rio, su t: °.` r2«the conditions specified in Exhibit "A." "?"' Veit;* Itiv EXHIBIT"A" Ars ;11/4 1. Adjust the dumpster and enclosure on to p t;:• (sheet 2) and on the "4:4* �ar��; ':.� 3 submitted landscape plan to agree with the develo y' (sheet by Rick Engineering. ,5 2. Provide a revised Proposed Drainage..Map (Fi .`.•C`` '_..r: of the drainage report) ,: :`• fY and label drainage that conforms to the Develop ,,: ..:: -�.�:•.; ,- g rf,%:r'}. YIfN%l.:y f<�:q'nXr:j'A�' structures that are shown in the d : 1>;.• s:o,,,` cre�°wall on the west side of the 3. Label the wall and height of the m� ;Vtf . ;�q�.��. f 15 2'•ti::>: bi/x property (sheet 3) as, " :r :,'on Slee" The landscape plan must also be f:s< /fr tir: revised to reflect t 4. The alternative vongr ;: y: l.:to al 27 parking spaces is subject to the 5 ,. ..: � ,,.:�r.:.<;• r• S' +.G.g' .2•Yr.�i'..,.•:f5y;y<i followingcondit 4``°:.: , ; „: .:: • All xs cosec =`` ce space is to be utilized for car wash related r. the :scant wishes to lease space to other vendors/users, vlr v, /fv. aRarking ^•l' must be reconsidered the igen the l �ntprovidedby 4"All,evelopm-t'AZeview Board. Provide a general note on the plan. 5. The o ..••:: of thi` . .roperty must work with the adjacent property owner riff rr ::. (Barclay s ,.� � s: : provide a pedestrian sidewalk connecting from the %%V property litroat acent to the northwest corner of the Target store to the northeast corner of the car wash facility. The Development Plan must be revised and the exact location of the sidewalk must be approved by the Planning & Zoning Administrator. Provide a general note on the plan. 6. The aforementioned conditions must be addressed prior to final staff certification of the Development Plan. Council Member Culver SECONDED the motion. Motion carried, 6-0. • 06/01/05 Minutes,Council Regular Session 9 9. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING TOWN COUNCIL POLICY #1 —LOCAL TRAVEL ALLOWANCE (CONTINUED FROM MAY 18, 2005) Town Attorney Melinda Garrahan explained that currently two Council policies are inconsistent with each other. Council Policy#1 provides for a travel stipend of$150.00 per month for each Council Member and a procedure through which a Council Member maybe reimbursed for travel expenses actually incurred above the stipend amount under p certain conditions. The second policy adopted by Resolution (R)99-11 provides that a Town publicusing official his or her own personal vehicle for travel on Town business maybe reimbursed for mileage per prevailing IRS regulations. She stated that it has been ,w.. that Policy #1 be rescinded and that Council Members b y9f l mbursed for Town proposed � : business-related mileage pursuant to Resolution (R)99-11. 4/"1- 00,: ;y Discussion followed regarding: dr'' `''�[1:'Y�/y:, public o r : ravels ■ Section 3-C should be revised to read: 3-C-1 - " f.�r`��:: .,�� �, using "��:;..'. � n,he or she own personal vehicle, or a vehi cl e,:�.` gi st,ered to th ..: r � his or her for such use. a S °a r R maybe eh er written or must obtain prior approval ,(�F.��,.;::.: pp , �:.�. " ?", : �t:: `�' cil Members, mileage will verbal from the person's supervisor. 3-C-� � .;:; be reimbursed based in " eupon the mileage allow r prevailing IRS regulations." p ��gip. • Can not change current Resolutio, , ,his time as' of agendized (can provide direction to the Legal Departme' ' : men . ns to amend.) p � :;:..,.. t languageto 3 ) ■ win -it . a s As' :�`�e will be reimbursed based Add the following :w �w;�► `=:.,�. �. upon the mileage allowance per pr,` :`;, S R •regulations when it is modified. • Do we need oversigh4i'Coun�� ` " ft's. /< y bych.,t the Policy? ■ Any fiscal impact t� .� y g y .v or local travel reimbursement at this time. ■ Many Council Méthbers d ::91,,,,bm,i,q... Y:.: �•./,:%�?' is ; • . , :Ale' 100.:'7'erved a salary. Stipend created o , g, moi: " "l,�r,<;. f:;`:* l... OVED that Town Council Policy#1, Local Travel :'�� i l l a� . ::.,. Allowance :,;':#SCID.,S � , of �� e immediately and to direct staff to work on revising 11 Co .F "1 Member Culver SECONDED the motion. Motion carried, Resolutio ,k : NF 9_ r�::';'-k 6— 0. '1,,,,:e", -//,;/: _ AGE 10. FUTURE ., DA ITEMS ,` r.A Mayor Loomis— Consideration/discussion regarding makeup and appointments of all Town Boards, Commissions, and Task Forces members (June 15, 2005 meeting.) CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A MOTION was made by Council Member Culver and SECONDED by Council Member Carter to adjourn at 8:22 p.m. Motion carried, 6—0. 06/01/05 Minutes,Council Regular Session 10 Respectfully submitted, Roxana Garrity, CMC Deputy Town Clerk I herebycertify that the foregoing minutes are a true and corre,�;'` opy of the minutes rhJ. ��:. of the regular session of the Town of Oro Valley Council of Fe. Y� alley, Arizona held g : on the_1st_ day of June 2005. I further certify that therummy was duly called and held and that a quorum was present. "'... ti r. Dated this day of ,J... /,;.7145 Apr- Kathryn J r•vr.,:. E. Cuvelier, CMC r? . Town Clerk �:..JJ+'. '.'fes„F � •�'�r,Y�;`:i.i: �.,.. ap,„ IOW - :„:10” ..r Vii::::. tib„,,oje' . vow,vr fA/ r py '+rrr:!�"•iyJ r'y�'_ �F�%r iY �.`�.�,r,/ .E•"'f'N�:: G„.F "�'9fr J r rJy..:'�''•�%%;� r�j J'4p.;� . ..moi/;,47/50.:'1,. ✓ �'• ;, '.b%,G',l;�"'••A'•"-�;i,, 4"/ fyfl" DRAFT MINUTES ORO VALLEY TOWN COUNCIL BUDGET WORK SESSION JUNE 6, 2005 ORO VALLEY TOWN COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 5:34 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Barry Gillaspie, Vice Mayor Paul Abbott, Council Member K.C. Carter, Council Member Conry Culver, Council Member Helen Dankwerth, Council Member Excused: Terry Parish, Council Member BUDGET & BOND COMMITTEE ADMINISTRATION LIAISON: Lyra Done, Member STAFF PRESENT: Chuck Sweet, Town Manager David Andrews, Finance Director Linda Hersha, Office Specialist Jeff Grant, Human Resources Director Melinda Garrahan, Town Attorney David Ruiz, Acting Water Utility Director Shirley Seng, Water Utility Administrator 1. REVIEW OF MAY 12, 2005 BUDGET SESSION—FOLLOW-UP MEMORANDUM Finance Director David Andrews explained that there were a number of issues that had been raised during Mayor Ma or and Council's Budget Review Session held on May 12th, 2005 and the memorandum served as staff follow-up to address the following issues: 1) Issue: Greater Oro Valley Arts Council (GOVAC) Business Plan Response: Carmen Feriend, Executive Director of GOVAC will present the businessp lan to the Community Development Director on May 27th. 06/06/05 Minutes 2 Town Council Budget Study Session Immediately thereafter, the business plan will be forwarded to Town Council for their consideration. 2) Issue: Town Council Fax Lines Response: The Town Attorney has left the cancellation of fax lines for Town Council members at the discretion of Town Council. 3) Issue: Highway Fund landscaping line item. Response: The name of the contracted landscaping company will not appear in the Final Budget Document. 4) Issue: Certified welder Response: Public Works researched the necessity of a certified welder and has concluded the Town is in compliance with the Occupational Safety and Health Administration's (OSHA) standards. However, Public Works will encourage staff to attend classes at Pima Community College and obtain welding certification. 5) Issue: Copy of Transit Plan. Response: A copy of the Transit Plan was distributed to the Town Council on May 13, 2005 for review. 6) Issue: Bus pullouts for the Oracle Road Improvement District (ORID) and other future roadways. Response: Additional transit routes and their respective locations may be established in the future. 7) Issue: Lease agreements and the Building Maintenance budget. Response: After reviewing lease agreements from various departments, staff has determined that building leases deem the landlord responsible for major appliance/structural repairs. However, any modifications made by the Town to leased facilities are the responsibility of the Town and not the owner. The revised year end estimated actuals for the building repair and maintenance line item within the Custodial and Facilities Maintenance Budget is $11,000 instead of$8,000. The Manager's Recommended Budget for FY 2005/06 is $8,000. Public Work's proposes a possible $3,000 increase to this line item for a total of$11,000 in FY 2005/06. 06/06/05 Minutes 3 Town Council Budget Study Session 8) Issue: Pusch View Lane setback requirements. Response: The Public Works Department has provided drawings for this road construction project indicating lane setbacks and"clear zone" standards. Attachedp lease find a memorandum from the Acting Town Engineer, Mr. Craig Civalier. 9) Issue: Pusch View/Lambert Lane Construction Fund Outlook. Response: A revised Outlook page has been completed and is attached to this memorandum. 10) Issue: CDO Linear Park Construction Fund Revenues. Response: The CDO Linear Park Construction Fund receives revenues on a reimbursement basis. Therefore there is not a carryforward balance of Pima County Bond Proceeds nor Transportation Enhancement Grant monies. However the project does reflect a carryforward balance from funds received through a transfer from the Townwide Development Impact Fees Fund. 11) Issue: Pick-Up Trucks for Building Safety Response: Two Toyota regular cab pick-up trucks with tool storage boxes have been added to Building Safety's budget. The total amount for these trucks is $32,000 ($31,420 trucks, $580 tool boxes) 2. REVIEW OF MAY 16, 2005 BUDGET SESSION —FOLLOW-UP MEMORANDUM Finance Director David Andrews reviewed the follow-up memorandum from the May 16, 2005 Budget Session: 1) Issue: Pie charts for proposed departmental expenditures Response: At the request of the Mayor, these charts will be distributed for each department/division at the scheduled budget study session. 2) Issue: Gasoline and Oil Estimated Actuals. Response: A chart of the estimated year end actuals for gasoline and oil throughout the Town's departments has been created. The department's proposed FY 2005/06 gasoline budget is also included for reference. 3) Issue: List of reclassificaitons 06/06/05 Minutes 4 Town Council Budget Study Session Response: At the request of Council Member Conny Culver, a list of proposed position reclassifications by department has been created. 4) Issue: Proposed costs for Legal Department. Response: The following outlines the proposed and revised proposed costs for the Legal Department: Total Legal Department Expenditures with proposed revisions: $846,496 Total Legal Department Expenditures originally proposed: $730,220 Difference $116,276 The $116,276 figure is composed of the following: Subtotal Personnel $97,876 Subtotal Operations &Maintenance $6,400 Subtotal Capital Outlay $12,000 Total for Revisions: $116,276 Personnel Salary Related Expenses Total Civil Attorney Reclassification $7,500 $1,415 $8,915 New Civil Attorney (1/1/2006 hire date) $25,000 $9,836 $34,836 New Paralegal $41,600 $12,525 $54,125 Subtotal Personnel $74,100 $23,776 $97,876 Operations and Maintenance/Capital Outlay O&M Capital Outlay Total Civil Attorney Reclassification $0 $0 $0 New Civil Attorney (1/1/2006 hire date) $4,400 $6,000 $10,400 New Paralegal $2,000 $6,000 $8,000 Subtotal Personnel and O&M $6,400 $12,000 $18,400 06/06/05 Minutes 5 Town Council Budget Study Session 5) Issue: Magistrate Court Software Request. Response: A total of$16,500 has been added to the Magistrate Court's Capital Outlay budget request. That request will also be reflected as denied by the Town Manager and Town Council. 6) Issue: Description of all Requested Capital Improvement Plan items within the Police Department Budget. Response: Project sheets for all CIP items requested for FY 2005/06 and have them create each project sheet features a project description section along with other pertinent information related to implementation of any given project. 7) Issue: LTAF II funds in the amount of$89,000 in the Public Transportation Fund budget will not be received in FY 2005/06. Response: Increase transfer from General Fund to Public Transportation Fund by $89,000. 8) Issue: A 7% increase in health insurance premiums was included in the Town Managers Recommended budget. The actual increase will be 3.4%. Response: This will result in a decrease in health insurance by$56,018. 9) Issue: A 7% increase in dental insurance premiums was included in the Town Managers Recommended budget. The actual increase will be 0%. Response: This will result in a decrease in dental insurance by $10,116. 3. REVIEW OF WATER UTILITY DEPARTMENT A. Water Utility Fund Page 590 B. Water Company Acquisition Page 623 David Ruiz, Acting Water Utility Director reported that the division was comprised of two (2) distinct funds which were the Water Utility Fund and the Water Utility Acquisition Fund. He explained that the primary responsibility of the utility was for the protection of public health and safety through the production and efficient delivery of water that meets and or exceeds water quality standards; and to deliver sufficient quantity that will meet the customer demands. Also, he reported other responsibilities such as regulatory compliance, customer service,promotion of water conservation, generation of customer billing, collection of utility revenues, efficient use of the available resources and coordination with the development community. 06/06/05 Minutes 6 Town Council Budget Study Session Discussion followed regarding: • The separation of the Reclaimed Water System from other accounts. • Tracking the cost between the Reclaimed Water System and Potable Water System accounts. • Rate increases. • Account codes. • Chemical testing. • The reclassification of current staff positions and new hires. • Capital Improvement Program (CIP) and the Water Utilities Master Plan. • Growth and infrastructure in the Town. • Expenditure line item "Recharge-Kai Farms". • Expenditure line item "Capital Outlay—Mains 605-311-909." • Expenditure line item "Wells C l, C2 and C3" and why these wells are out of service. • Phase II of the El Conquistador Golf Course. • Funding depreciation. • The preparation of a prioritized list of the positions requested by the department. David Ruiz reviewed the Water Company Acquisition Fund. He explained that this fund was required to purchase assets from water providers and to construct improvements which would allow those water systems to be connected to the Oro Valley Water system. He reported the Water Company Acquisition Fund has been created to account for the possible acquisition and operation of water systems lying within the Town boundaries that are not currently owned by the Town. Discussion followed regarding: • Appraisals and Bonds. • "Proceeds from Issuance of Bonds" in the amount of$3,500,000.00 • Creating a "modeling analysis protocol"to determine the long term cost. • Future connection between Tucson Water Utility System and the Oro Valley Utility. 4. REVIEW OF EMPLOYEE BENEFIT PLANS FOR 2005-06 FISCAL YEAR Human Resources Director Jeff Grant reported that the Human Resources Department recommendation involved an increase in the prescription drug co-pay schedule for participants in both the Aetna HMO and POS plan. He reported that currently the employee co-payments for 30 day supplies of prescription medications are $10.00 for generic, $20 for preferred, and $35.00 for brand name drugs. He said that by increasing the co-pay by $5.00 per tier the Town of Oro valley will realize an increase in premiums of 3.48% for Fiscal Year 2005-2006, as opposed to the 14.52% premium increase that was originally proposed by Aetna with no plan design changes. The following recommendations were presented for the Fiscal Year 2005-2006: 06/06/05 Minutes 7 Town Council Budget Study Session • The Town continues to utilize Aetna for Fiscal Year 2005-2006 with the design changes. • The Town continues to offer the early retiree health insurance program through Aetna for Fiscal Year 2006-2006. • The Town will renew with MetLife Dental and MetLife Life for Fiscal Year 2005-2005. • The Town continues to offer the LTD program through Jefferson-Pilot for Fiscal Year 2005-2006. • The Human Resources Director proposes that the Town amend the plan to allow employees to payroll deduct up to $2000 annually for medical expenses. 5. BUDGET WRAP-UP The following issues were highlighted and discussed: • Health benefits. • Moving hiring dates. • The transfer of$171,528.00 out of the General Fund Contingency into the budget. • Reducing the amount of funds being withdrawn out of the Contingency Fund. • Police Department to identify items essential to the Town. • The May 22nd memo from Council Member Culver. • The Greater Oro Valley Acts Council funds (GOVAC) and the analysis for the Oro Valley Police Officers Association Proposal (OVPOA)were not included in the proposed budget. • The final adoption of the budget. • Adopting a procurement program. • Capital Improvement Program (CIP). • The Contingency Fund and how the money is accumulated. • The total amount of money used for the reclassification of jobs. • Personal Policy requirements. • The reclassification of the "Civil Attorney" to "Chief Civil Deputy Attorney" and the salary increase of$8,915.00. • Lawsuits and outside legal fees. • Council Member Culver reported that she and Council Member Abbott attended a "Guarding the Budget Check Book" seminar and found it to be very informational. She suggested the Town should consider using the technique because she believed this would help stream-line the budget process. • The inclusion of all additional cost that have not been identified in the budget proposal. Vice Mayor Gillaspie excused himself from the meeting at 7:10 p.m. Mayor Loomis recessed the meeting at 7:10 p.m. The meeting resumed at 7:18 p.m. and discussion continued regarding: 06/06/05 Minutes 8 Town Council Budget Study Session • Legal Department expenses. • The OVPOA Step Plan proposal. This item was identified to be discussed at the next study session. • Cola and Merit increases. • The Lead Forensic IT Technician. • The GOVAC funding. • The "Procurement Analysis and the Vitality Plan will be brought forward for future discussion. ADJOURNMENT MOTION: Council Member Dankwerth moved to adjourn the meeting at 7:45 p.m. Council Member Culver seconded the motion. Motion carried 5-0. Respectfully submitted, Linda Hersha, Office Specialist MINUTES ORO VALLEY TOWN COUNCIL STUDY SESSION JUNE 8, 2005 DrlArT 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 Barry Gillaspie, Vice Mayor Paula Abbott, Council Member K. C. Carter, Council Member Coney Culver, Council Member Helen Dankwerth, Council Member EXCUSED: Terry Parish, Council Member STAFF PRESENT: Chuck Sweet, Town Manager Brent Sinclair, Community Development Director PRESENTATION OF THE DRAFT GENERAL PLAN UPDATE AND THE STRATEGIC IMPLEMENTATION PLAN PlanningZoning& Administrator Bryant Nodine reviewed a timeline of the status of the General Plan and summarized the changes made to the plan since the January Study Session: Acknowledgements - This section has been updated. Process - Thep rocess of the update since the November 2003 election has been added after the Preamble section. Amendments—The findings section was revised to emphasize consistency with the Plan. Land Use Map—The URC addressed two areas that were affected by the removal of back-up designations. On thero ertjust east of J.D. Kriegh Park, the URC revised the map to replace the School designation with p p Y a Commerce/Office Park designation. This was because the school designation was no longer considered valid as its purpose original was to attract Pima Community College, which has already secured a site in the northwest area. Regarding the Steam Pump Ranch Area, the URC elected to forward it to the Commission to "take this upat their level to achieve the preservation goals of the Town." The Commission recommendation shows the historic site portion as open space, with a Community and Regional Commercial designation over the remainder and with a Significant Resource Area designation overlaying the whole area. Policies— 1) Policy added to the General Plan and the Strategic Implementation Plan to ensure that all public artJro j ects are reviewed by the Public Art Review Committee. 2) Policy added to pursue the annexation of p the State land north of the Town and to plan that area with the State Land Department. 06/08/05 Minutes, Council Study Session 2 Mr. Nodine referred to State Land Department letters dated 6-2-05; 9-27-05 & 10-11-02. He pointed out that in the subsequent two and a halfyears,with changes in the Arizona Preserve Initiative options and in Arizona State Land Department (ASLD) personnel, the ASLD's position appears to have changed. Their position is likely to continue to evolve as the Town implements the planning process as recognized in the proposed Policy 3.1.3: "The Town shall pursue annexation of the state land north and east of Sun City, and work with the State Land Department to create and adopt a conceptual development plan for the area." The following issues were discussed: • Creation of an Overlay District and applicable guidelines for Historic Structures. • Delete reference in map to "Casas Adobes" and"Tortolita." • Policy 3.1.3 a 313 is significant policy change from what was done in the past. � • Open space doesn't mean "open space"in the eyes of the law. p • Back-up designations have been deleted. • No support in case law to have "open space" designation on State Land.over state owned land and Town has no authority to designate land use on state land. • State has control o • Clarified that the onlymission of the State Land Department is to get the best and highest use for the land they sell are because theyonlyin the business of making money for Arizona schools and public institutions. • Land use map represents that what is located closest to Sun City would be low density with a wildlife corridor between Catalina and Tortolita Mountain Park. • Need to further define Significant Resource Area (SRA)? • General definition of SRA on page 25 of Plan. • i n that there is a misconception on the part of the public that because the state land is still in Clarificat o p state, it will not be developed. The fact is that the land is yet marketable. State Land is its natural not p money in the business of makingfor educational needs of Arizona and it will be developed at some point in the future. • Important for the Town to work with State Land to develop a plan for this property that the State can live with. • Important for Oro Valleyto take charge and plan the land the right way. This must be done by p working with the State. • There is a new feeling interests the State wants to work with Oro Valley. Therefore, to protect our we need to do so. It is beneficial for Oro Valley to work with State Land Department. • The State is anticipating 3 — 5 years to start marketing this property. Discussionregarding followed re ardin differences between "Complementary Use District" and"Mixed use Neighborhoods." comp • Concern with now having"complementary use district" in plan when there were objections by the voters to the reference "mixed use neighborhoods." • Developa definition of what "Complementary Use District"is and add it to the Plan. neighborhoods • Concept g hborhoods containing mixed uses— good planning unit. Developing neighborhoods with a variety of uses is a good thing. • he concept of Mixed Use Neighborhood was based on a project not embraced by the community. T p g • Consider revising language to develop a clear definition of"Complementary Use District" ct" for Council consideration. 06/08/05 Minutes, Council Study Session 3 • "Complementary Use District" is an efficient way to do land use and is the fundamental basis of planning throughout the document. • dd defining"clustering"to Planning & Zoning Commission's work plan. A • Page 19—match up 25% slopes. • Page 19— 1.1.3 —definition of Trade (page 92). Discussion followed regarding a letter received from Amphitheater Public School District dated April 5, 2005 g g concerning adequate capacity for students. • e all school districts have the burden to provide adequate capacity for their students. L g y, • the requirement of the town ensuring that there is adequate capacity as a finding in the Placing q General Plan is an improper delegation of authority. asked staff to provide the following changes for Council consideration at their June 15, 2005 Mayor Loomis meeting: • Add to t StrategicImplementation Im lementation Plan (SIP)—create an historic and cultural overlay district with standards and design guidelines. • Define why some areas have SRA Overlays. • Need separate vote at the June 15th Council meeting regarding retaining/not retaining/ or remove LU8 p from the Strategic Implementation Plan. • Sta ff recommend responses to Council of any comment letters received after Planning & Zoning Commission review. ADJOURNMENT A MOTION was made byCouncil Member Dankwerth and SECONDED by Vice Mayor Gillaspie to adjourn the study session at 7:40 p.m. MOTION carried 6—0. Respectfully submitted, ((c- Kathryn E. 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N C1) CD Co Ni 0) N 0 o V9 w 0 - 01 C 1 0 -7 --x IQ r-s- r --xo (0 6 co Ni --.1 CY1 ODrn (0 -1, 04 W W E z rn CO C.A.) a Z c Co (0 I N o -"I r 01 Co r p > Z N CD O C) Co --x 00 1 1 -I -.i N 4 4 -i 9 — V) () J co OD I® < > 1 i 1 C._ 11 EDrn IQ = -.1 co --.1(fl W a) co W 0 -.I -p -1' Ni -n --i CD N a U) 01 .1=, — €0) C) o 41. cn co o I, o U' 0 U) W s' ., o Co _0o 0n 4 0 1 1. c0 W co 1 73N CO -- cQ ``,1 0 s4, --.1N a) C, p --, 01 C(a co K N -..G Co Ni co i Co r.) 0 1 c° 0) CO 1 o o 1 C Z 1o C, ' i I 71 .._, oW —, 0 14, 00 0o 0 -I,. •4. 1 W N co i TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JULY 6,2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police Resolution (R)05-37 SUBJECT: Renewal of I.G.A. with Pima County reference Pima County Jail Housing SUMMARY: The I.G.A. Agreement) with Pima County that permits us to house (Intergovernmental Oro Valley municipal prisoners in the Pima County Jail is once again up for renewal. As p you are aware this was made necessary by the law passed in the 1989 Arizona Legislature, which mandated that cities and towns pay for that service. Pima County has g set this year's fees as follows: $119.26 to cover booking and records expenditures and prisoner housingfor the first day and $56.10 per day for each prisoner day following the first day. This amount has changed from last year in that the first day fee is higher by y $32.83 and the second day fee has increased by $1.24. The overall difference for a prisoner staying two days is an increase of$34.07. The alternative, of course, is to house our own municipal prisoners which would be cost prohibitive. FISCAL IMPACT: FY 05 /06 = $130,000 ATTACHMENTS: 1. Letter from Pima County reference increase in rates for the housing of municipal prisoners. 2. Resolution No. (R) 05-37 3. Three (3) originals of the Intergovernmental Agreement (I.G.A.) for payment of the incarceration of municipal prisoners for fiscal year 2005 /2006. RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 05-37 be adopted. ,t) 11_, D9i. 1 G. Sha Chi- fi 'olice if i / 1 xor,, <-..— /7 , , ... iii # ,- Charles F. Sweet, Town Manager 1�'` -t► -11'1! z0 COUNTY ADMINISTRATOR'S OFFICE PIMA COUNTY GOVERNMENTAL CENTER 130 W. CONGRESS,TUCSON,AZ 85701-1317 (520)740-8661 FAX (520) 740-8171 C.H.HUCKELBERRY County Administrator May 4, 2005 Chuck Sweet, Manager Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 Re: Cost Increases for Inmate Housing Dear Mr. Sweet: On January 10, 2005, the Town of Oro Valley Police budget office was provided notice by the Pima County Sheriff's Department of the bill rate increase for inmate housing. The first day booking rate and second day housing rate were increased from $86.43 to $119.26 and $54.86 to $56.10 respectively. Those increases stemmed from the increased staffing for the booking and intake areas of the Adult Correctional Facility and allowed for improved efficiency of the intake and booking process. Since the release of these rates, the medical provider at the Adult Correctional Facility, First Correctional Medical, renewed its contract with Pima County in April 2005, with a 40 percent increase for medical services that were not factored into the rates that your budget office was provided in January. The rates provided earlier this year will not be changed despite this increase. If Pima County were to include the increased medical cost effective this month, the booking rate would be $169.96 and the housing rate would be $57.13. Rates for 2006/2007 will include all future medical cost increases. Enclosed is a copy of the Intergovernmental Agreement (IGA) for payment of incarcerated prisoners. The IGA contains the billing rates provided to you in January 2005 along with modifications to the Sheriff's billing practices. Effective July 1 , 2005, inmates held in custody for a charge, or sentenced from more that one local limited jurisdiction court in Pima County, will be assessed billing charges. These charges will be apportioned evenly among jurisdictions based upon those days of joint custody. Please review page two in the Criteria For Assessment of Billing section for the specific language changes made in the billing practices. Chuck Sweet Cost Increases for Inmate Housing May 4, 2005 Page 2 Please sign each of the attached intergovernmental agreements and return to the address listed below by June 1 , 2005. Pima County Sheriff's Department Attn: Business Office 1750 East Benson Highway Tucson, Arizona 85714 The Sheriff's Finance Division will continue to submit the IGA to the appropriate departments for signatures. Questions regarding the intergovernmental agreement can be forwarded to Corrections Bureau Chief Martha Cramer at 741-4866 or Financial Administrator Ron Jee at 741-4619. Sincerely, C.H. Huckelberry County Administrator CHH/jj Attachment c: The Honorable Clarence Dupnik, Pima County Sheriff Martin Willett, Chief Deputy County Administrator Enrique Serna, Deputy County Administrator Patricia Alvarez Hurley, Assistant County Administrator for Justice and Law Enforcement Nancy Riera, Budget Office, Town of Oro Valley RESOLUTION NO. (R) 05- 37 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR PAYMENT OF COSTS OF INCARCERATION OF MUNICIPAL PRISONERS IN THE PIMA COUNTY JAIL. WHEREAS,pursuant to A.R.S. § 11-952,the Town of Oro Valley is authorized to enter into and or renew an Intergovernmental Agreement for joint and cooperative action with Pima County for the payment of costs of incarceration of municipal prisoners in the Pima County jail; and WHEREAS,pursuant to A.R.S. § 31-121,an individual may be incarcerated in a county jail and the costs of incarceration shall be paid by the municipality having established the municipal court of which the charges have been filed; and WHEREAS, Pima County shall receive and detain all municipal prisoners who are medically fit to be incarcerated in the detention facilities maintained and operated by the County; and WHEREAS,the Town shall pay a first day billing rate to cover booking,records expenditures,and prisoner housing in the amount of$119.26 and pay a second billing rate of$56.10 for each day thereafter that the prisoner is in the control of the County; and WHEREAS,it is in the best interest of the Town to renew the Intergovernmental Agreement,attached hereto as Attachment "A" and incorporated herein by this reference, in order to set forth the terms and conditions relating to the incarceration of municipal prisoners in the detention facilities maintained and operated by Pima County for a term effective July 1, 2005 through June 30, 2006. NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley,Arizona, that the Intergovernmental Agreement between the Town of Oro Valley and Pima County for the payment of costs of incarceration of municipal prisoners in the Pima County jail is hereby approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are 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 6th day of July , 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT F:\Resolutions\iGA approval\Resource Officers•CDC High School.doc Office of the Tow Attorney/cai050305 t r Town of Oro Valley Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF ORO VALLEY AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to ARS § 11-952 (as amended) by and between: THE TOWN OF ORO VALLEY, a municipal corporation, (hereinafter sometimes referred to as the "Town"); and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the"County"), NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: 1. County w ill receive and detain all municipal prisoners who are medically fit to be incarcerated by County. County will provide booking services, and after booking, it will provide for the care, feeding and medical care of said prisoners, except as covered in paragraph 8. 2. Town of Oro Valley will pay a first day billing rate of $119.26 dollars to cover booking and intake expenditures and prisoner housing. For each prisoner day following the first day, the Town of Oro Valley shall pay $56.10 per day. The two rates are applicable to the period of July 1, 2005 through June 30, 2006. The billing day as defined herein applies to each Town of Oro Valley prisoner who is an inmate in, or under control of the detention facilities maintained and operated by the County. 3. "Town of Oro Valley Prisoner" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Oro Valley Court, as a result of an agreement between the Town of Oro Valley and another jurisdiction to allow the person to serve his sentence locally, or has been sentenced pursuant to an order of the Town of Oro Valley Court and for whom the Town of Oro Valley has the legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under c urrent Arizona Law). A prisoner arrested by the Town of Oro Valley Police Department solely on another governmental entity warrant is not a Town of Oro Valley prisoner. Page 1 of 6 4. Criteria and Rules Governing Billing: a. A "billable day" is defined as that period commencing at 0000 hours and ending at 2359 hours that same day, or any fractional part thereof, of any day the Town of Oro Valley prisoner is in the custody or control of detention facilities maintained and operated by the County. b. "Billable custody" is defined as any pretrial custody involving a misdemeanor offense which will be tried or adjudicated in Town of Oro Valley Court; OR, any custody pursuant to a sentence imposed by the Town of Oro Valley Court. c. "Local limited jurisdiction courts" are defined as those whose criminal jurisdiction is limited to misdemeanors. 5. Criteria for Assessment of Billing: a. The costs of incarceration of Town of Oro Valley prisoners shall commence on the day the inmate was booked or held based upon a Town of Oro Valley charge into Town of Oro Valley Court or sentenced by Town of Oro Valley Court. Costs for incarceration shall cease under the guidelines established earlier in this agreement under the definition of"billable day." b. When a prisoner is in custody for a charge or sentence from more than one local limited jurisdiction court, the billing charges for days of joint custody shall be apportioned. Costs of incarceration for days of joint custody shall be apportioned evenly based on the guidelines established under the definition of "billable day" among those jurisdictions from which joint custody arises. c. A Town of Oro Valley prisoner who is subsequently charged into Pima Superior C ourt and h eld i n-custody on felony charges, w ill c ease t o a ccrue billing charges after 2359 hours on the date that custody for felony charges is established. Felony custody shall take effect on the date when charging information is received in the Pima County Adult Detention Center Records Section and the prisoner is actually being held in-custody on the felony charges. d. In the event of an escape, billing charges will cease to accrue after 2359 hours of the day of escape, or, in the case of a failure to report from authorized leave, billing charges will cease after 2359 hours of the last day of custody. Billing charges will begin again on the day that the prisoner is recaptured and is actually being held in the Pima County Detention Facility. 6. County will submit a statement of Town of Oro Valley prisoner charges on a monthly basis. This statement shall provide information in alphabetical order as follows: Page 2 of 6 name of prisoner, booking date and hour, release date and hour, indication of booking day billing or subsequent day billing, billing period, daily rates, total billing days, and the total bill. The Town shall be allowed access to necessary computer systems in a timely manner to verify the billing. Any individual prisoner charges contested shall be made known to the County within 30 days after receipt of the monthly billing. I f t he Town notifies the County of a dispute within 30 days of receipt of the monthly billing, the Town may withhold payment on those specific prisoners for whom billing is disputed until the dispute has been resolved. No dispute will be accepted if not made within 30 days after the receipt on the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid within 30 days of resolution of the dispute. Charges remaining unresolved after the 60-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10th day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when a check is sent to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. 7. Transportation of prisoners to Town of Oro Valley Court or other locations, only as ordered by the Town of Oro Valley Court, shall be the responsibility of the Town of Oro Valley. The County shall be responsible for transportation of prisoners for medical care after the prisoner has been in jail custody for ninety minutes or more. 8. In regard to booking and related services and procedures, upon submission of the completed booking document to the Jail Intake Support Specialist County will immediately accept into jail custody all Town arrestees that present no obvious health issues that make the prisoner medically unacceptable for booking. The Town agrees that such conditional acceptance will shorten the time officers spend in the booking process and benefit the Town. Within the initial ninety minutes, County medical personnel will make a determination as to the prisoner's medical condition. Town agrees that if the prisoner presents a serious, emergent medical problem requiring hospital examination or medical rejection for booking within 90 minutes of the time of booking, Town will send an officer to the jail to transport the prisoner for such medical examination or care as may be medically required as soon as possible. If a prisoner is taken from the jail for medical evaluation and returns to be incarcerated, the T own o f O ro Valley w ill n of b e charged twice for t he first d ay b filling r ate o f $119.26. By accepting the prisoner for the initial 90 minute evaluation period County does not in any way accept responsibility for the cost of medical care to be provided Page 3 of 6 to that prisoner should it be determined by County that the prisoner requires hospitalization or that prisoner is medically unacceptable for booking. County will provide such booking and related services as prescribed by operations plans jointly approved by the Town of Oro Valley Police and the Sheriff of Pima County. 9. This agreement shall cover the time period from July 1, 2005 through and including June 30, 2006. 10. Neither party shall be obliged to the other party for any costs incurred pursuant to this Agreement, except as herein provided. 11. Nothing in this Agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. 12. Eachp arty agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, employees and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, and property damage occasioned during the term of this Agreement for acts or omissions of such party. Each party represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than One Million Dollars ($1,000,000) for any one occurrence, and damage liability to a limit of not less than One Hundred Thousand Dollars property ($100,000). The parties may fulfill the obligations of this Article by programs of self- insurance equivalent in coverage. 13. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, 12-1501 et. seq., to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of$20,000 or less, exclusive of interest and costs. 14. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 15. Eitherp arty may, at any time and without cause, cancel this Agreement by providing ninety(90) days written notice of intent to cancel. 16. This Agreement is subject to the provisions of ARS § 38-511. Page 4 of 6 17. Each party to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 18. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99-4, which are incorporated into this agreement by reference as if set forth in full. 19. Each party shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. Page 5 of 6 . • 20. This document constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment signed by the parties. SIGNED AND ATTESTED THIS DAY OF , 2005. ATTEST: TOWN OF ORO VALLEY, a municipal corporation Town of Oro Valley Clerk Mayor ATTEST: PIMA COUNTY, a body politic tr Clerk, Board of Supervisors Chair, Board of Supervisors Date Date APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL AUTHORITY: LEGAL AUTHORITY: (C ut unty Attorney Town of Oro Valley Attorney De p y Legal authority: ARS § 11-201, ARS § 11-951 through 954, ARS § 11-251 Page 6 of 6 TOWN OF ORO VALLEY LEI COUNCIL COMMUNICATION MEETING DATE: JULY 6,2005 TO: HONORABLE MAYOR AND COUNCIL FROM: Daniel G. Sharp, Chief of Police Resolution No. (R)05-38 SUBJECT: Intergovernmental Agreement For the Participation in the Federal Department of Homeland Security (DHS), Office of Domestic Preparedness (ODP) 2004 Homeland Security Grant Program (#2004- GE-T4-005 1). SUMMARY: The State of Arizona, Division of Emergency Management(ADEM) is providing the Oro Valley Police Department an opportunity ortunity to participate in a Federal Department of Homeland Security p Office for Domestic Preparedness (ODP) 2004 Homeland Security Grant Program. The (DHS), lute is designated to provide funds in the amount of $50,000.00 for a Satellite, Multiband program Communication System. The Intergovernmental Agreement is effective December 1, 2003 through November 30, 2005. ADEM, upon receipt of required documentation, will reimburse the Oro Valley Police p p Department with US DHS/ODP funds for the purchase of the authorized equipment. This once agreement signed will be renewable on a yearly basis unless one or both of the parties g g choose not to renew. FISCAL IMPACT: FY 05 /06 = $50,000 ATTACHMENTS: 1) Resolution No. (R)05=38 2) Copy of Arizona Division of Emergency Management Letter 2) Original of the Intergovernmental Agreement RECOMMENDATIONS: Acceptance is recommended. SUGGESTED MOTION: I move that Resolution No. (R) 05-38 be adopted. j �> '; tk Daniel G.`Shar Chief of Pt,l e p, 12e/ic fi P jr Charles F. Sweet, Tow Manager RESOLUTION NO. (R) 05-05-38 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN ARIZONA DIVISION OF EMERGENCY MANAGEMENT (ADEM) , AND THE TOWN OF ORO VALLEY POLICE DEPARTMENT TO PARTICIPATE IN THE FEDERAL DEPARTMENT OF HOMELAND SECURITY (DHS), OFFICE OF DOMESTIC PREPAREDNESS (ODP) 2004 HOMELAND SECURITY GRANT PROGRAM. WHEREAS, the Town of Oro Valleyis a municipal corporation with the State of Arizona, and pursuant to Arizona Revised Statutes (A.R.S.) § 11-952,the Town Council is authorized to enter into Intergovernmental Agreements; and WHEREAS, the Town of Oro Valleyis authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town of Oro Valleyhas the responsibility for the public health, safety and welfare of the residents of the Town; and it is in the best interest of the Town to enter into the IGA, attached hereto as Exhibit WHEREAS,A incorporatedby " and herein this reference, in order to set forth the terms and conditions 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 TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AS FOLLOWS: 1. That the Intergovernmental Agreement attached hereto as Exhibit "A"between the Town of Oro Valley Police Department and the Arizona Division of Emergency Management (ADEM) is hereby approved. y 2. That the Mayor of the Town of Oro Valley, and all necessary administrative officials and employees are hereby directed and authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. PASS AND Mayor ADOPTED bythe Ma or and Town Council of the Town of Oro Valley, Arizona, this 6th day of July , 2005. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT Office of the Tow Attorney/ea/050305 FAResolutionAGA approvahResource Officer:-CDO High School.doc . DEPARTMENT OF EMERGENCY AND 0 PART �_ ARIZONA ", " 71+ pillik, ATDEUS MILITARY AFFAIRS 0 , - ,, , , , _,„ �s ` r� - ARIZONA DIVISION OF EMERGENCY MANAGEMENT , :- ��Q ,4-4141,-; , PREPAREDNESS SECTION t4an M�tiOea 5636 East McDowell Road,Building M5101,Phoenix,Arizona 85008-3495 (602)231-6225 FAX:(602)231-6206 MG DAVID P.RATACZAK JANET ANO THE ADJUTANT GENERAL GOVEERNORRNOR March 30, 2005 Oro Valley Police Department Mr. Jason Larter 11000 N. La Canada Drive ` Oro Valley, Arizona 85737 RE: 2004 Homeland Security Grant Program# 2004-GE-T4-0051 Dear Mr. Jason Larter: letter is to inform you that the Arizona Division of Emergency Management (ADEM) in This accordance with the requirements of the 2004 Homeland Security Grant Program is hereby funds to Oro ValleyPolice Department in the amount of$50,000.00 for the Satellite, obligating Multiband Communication System. grantp this must be spent prior to the end date of the grant and in Funds received under compliance with the 2004 Homeland Security Grant Program guidelines and requirements. The active grant period is 12/01/2003 to 11/30/2005. for reimbursement, please provide a cover letter with each submittal specifying the For requests number found at the topof this letter, the amount of funds requested, the name, address and grant the point of contact to receive the funds and the back up documentation in the form of receipts, purchase orders, etc. Included with this letter is a copy of an Intergovernmental Agreement Renewal Letter to be signed between the Arizona Division of Emergency Management and Oro Valley Police Department. Please sign and return to this office. This agreement once signed will be renewable on a yearly basis unless one or both of the parties choose not to renew. To obtain a copy of the 2004 Homeland Security Grant Program guidance documents, please go to http://www.ojp.usdoj.goviclocsify04hsgp.pdf. . please contact me at (602) 231-6212 or If ou have any quesnans or cancerns, Y _ mark.howard@azdema.aov. Thank you. Sincerely, ' Mark Howard Homeland Security Grant Administrator Arizona Division of Emergency Management Cc: File Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes This agreement, pursuant to A.R.S. § 11-951 et seq., is entered between the State of Arizona, Division of Emergency Management (ADEM) and a (Sub-grantee). This agreement shall be effective on the date signed by both parties. This agreement shall be in effect for one (1) year and shall automatically renew for one (1) year periods from effective date unless either party hereto gives written notice of intent not to renew agreement to the other party hereto thirty (30) days prior to the end of the one year period. This agreement shall apply to funds provided by or through the State to the Sub-grantee, pursuant to the United States Department of Homeland Security, Office for Domestic Preparedness, for all fiscal years,Public Law 108-11, 107-56, and 107-296. A. The Sub-grantee certifies that: 1. The recitals set forth above and the Sub-grantees certifications in paragraphs 2 through 13 below are incorporated into the agreement set forth in Sections B. through I.below as if set forth in their entirety. 2. The has legal authority to apply for funds on behalf of the Sub-grantee. 3. Federal funds under this award will be used to supplement but not supplant state or local funds. 4. The sub-grantee shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving US DHS/ODP funds. 5. The Sub-grantee shall use US DHS/ODP funds solely for planning, administrative, training, exercise and when applicable for the purchase of US DHS/ODP authorized equipment. 6. The Sub-grantee shall establish and maintain a proper accounting system to record expenditures of grant funds in accordance with generally accepted accounting standards or as directed by ADEM. 7. The Sub-grantee shall return to the State, within two months of such request by ADEM, any partial reimbursement not supported by audit or other State review of documentation maintained by the Sub-grantee. 8. The Sub-grantee shall comply with all applicable provisions of State law and regulation in regard to procurement of goods and services. 9. The Sub-grantee shall comply with provisions of the Hatch Act limiting the political activities of public employees. 10. The Sub-grantee shall not enter into any contract with any party that is debarred or suspended from participating in State programs. P provisions In accordance with the of Section 319 of Public Law 101-121, and implementing regulations at 44 CFR Part 19, the State is responsible for obtaining from state agencies and political subdivisions (Sub-grantees), contractors and under this contract the subcontractors requisite "Certification Regarding Lobbying" and "New Restriction on Lobbying" CFR Part 18) for each grant. The Sub- grantee is responsible for filing these certification and disclosure forms with the State. Drug 12. In accordance with the free Workplace Act of 1988 and implementing regulations, Sub-granteewillprovide the State a "Certification Regarding Drug- Free Workplace Requirments". 13. The Catalog Number of Federal Domestic Assistance (CFDA) for this grant is 16.007. B. The Sub-grantee agrees to: with applicable state and federal program laws, Executive Orders, 1. Comply pp regulations, current Circulars, and the cuent edition of the Office of Justice Programs (OW)Financial Guide. 2. Comply with the organizational audit requirements OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described In the current edition of the OW Financial Guide, Chapter 19 (www.ojp.usdoj.gov/FinGuide). 3. Submit a final financial status report to ADEM Homeland Security Grant ministrator, anyrequired performance reports, a request to close the program, Ad �any required other re uired forms and certifications within 90 days of completion of grant activities. 4. Complete all activities related to funds within the time period prescribed in US gu DHS regulations and on the obligating documents. Written request for an extension will include information and documentation to support the amendment and a schedule for completion. 5. Submit quarterly status reports and closeout reports until the grant ends. Reports on January3 0 April 3 0, July 3 0, and October 3 0. Extensions will be are due gr anted due to conditions/causes that are beyond Sub-grantee's control. C. Payment 1. In Accordance with US DHS/ODP Grant Guidelines reimbursement will be the method for disbursement of funds. 2 D. Non-Availability o f Funds ' is conditioned upon the availability of funds Every payment obligation of the State p for the payment of such obligation. If funds are not allocated appropriated or allocated p ym. . continuance of this Agreement, this Agreement may be terminated and available for the � , . end of the period for which funds are available. No liability shall accrue by ADEM at the provision the State in the event this is exercised, and the ADEM shall not be obligated or liable for any future payments an a ents or for damages as a result of termination under this Y paragraph. E. Audit of Records The Sub-grantee shall retain all data, books and other records ("records") relating to this Agreement for a periodyears of three after completion of the Agreement. All records shall be subject to inspection by ns ection and audit ADEM at reasonable times. Upon request, the Sub-grantee produce shall the original of any or all such records. F. Interest Earned Sub-grantees shall account for interest earned on Federal funds. Interest earned shall be returned to the Agency,StateAdministeringA ency, ADEM which shall in turn return the funds to the US DHS/ODP. G. Cancellation for Conflict of Interest Pursuant to ARS 38-511, the state, its political subdivisions or any department or agency within threeyears after its execution, cancel any contract, without penalty of either may, , , . obligation, made bythe state, its political subdivisions, or any of the or further departments or agencies of either if any person significantly involved in initiating, rin draftingor creatingthe contract on behalf of the state, its political negotiating, securing, subdivisions or any extension of the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. A cancellation provision pursuant to this shall be effective when the Sub-grantee receives written notice of the cancellation unless the notice specifies a later time. H. Civil Rights o f federal grant funds are required to comply with 1. All recipients nondiscriminationrequirements uirements contained in various federal laws. All Sub- grantees should consult the assurances to review the applicable legal and administrative requirements of the statute that governs OW-funded programs or activities. Section 809 (c)(1), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d) of the Act provides that "no person in any state shall on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any programs or 3 activity" in which federal law enforcement assistance is provided under this chapter. Recipients of assistance under the US DHS/ODP support are subject to the provisions of Section 809(c) of the Act; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; and the US g Department of Justice Non-Discrimination Regulations, 28 CFR part 42, subparts C, D, E, and G. 2. If any court administrativeor agency makes a finding of discrimination on the color religion,on national origin, gender, disability, or age against a grounds of race, gl process a after duehearing, the recipient must agree to forward recipient of funds a copy of the findingto the Office of Civil Rights. If the Sub-grantee is applying for agrantof $ $500,000 or more, US Department of Justice regulations (28 CFR 42.301) requireEqualEmployment an Em to ent Opportunity Plan. The plan should be includedpp with the application submission if it is not already on file. 3. In accordance with Assurance No. 15, each Sub-grantee that receives $500,000 or 1 000 000 in an 18-month period), and has 50 or more employees, must more (or$ � submit an Equal Employment ortunity Plan (EEOP) within 60 days of award �p p to OCR at the US Department of Justice, Office of Civil Rights, 810 Seventh Street,NW,Room 8136, Washington, DC 20531. 4. Alternatively, Sub-grantee the Sb antee may choose to complete an EEOP Short Form, in lieu of sending own comprehensive it EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP short Form reduces paperwork and preparation time considerablyand will ensure a quicker OCR review and approval. The Seven-StepGuide to the Design and Development of an EEIOP will assistyoucompleting in com letin this requirement. The Seven-Step Guide and EEOP Short Form maybe downloaded from OCR's home page on the Internet (www.ojp.USDOJ.gov/ocr). agency has under 50 employees, regardless of amount of award, no EEOP 5. If any g y p is required; however, Sub-grantee must return applicable portion of Certification Form to OCR within 60 days of award. This Certification form may also be from OCR's home page on the Internet. Pursuant to the special downloaded conditions regarding EEOPs governing this award, recipient acknowledges that g g failure to submit an acceptable EEOP is a violation of its certified assurances and may result in suspension of draw down of funds until EEOP has been approved by the OCR. Additional Instructions For Sub-grantees Receiving $25,000 or More, but Under $500,000: Pursuant to Department of Justice regulations, each Sub-grantee that receives p $25,000 or more and has 50 or more employees is required to maintain an Equal Opportunity Plan (EEOP) on file for review by OCR upon request. Employmentpp tY (However, if thegr • sub-grantee is awarded $1,000,000 in an eighteen (18) month period, it p must submit an acceptable EEOP to OCR). Please complete the applicable section of the Certification Form and return it to OCR within 60 days of award. 4 Additional Instructions For Additional Sub-grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan(EEOP) in accordance with Assurance No. 15.No Certification is required. Instructions for All Sub-grantees. regardless of their type, the monetary amount awarded, or the In addition, all recipients, g Yp number of employees ees in their workforce, are subject to the prohibitions against • - funded program or activity. Therefore, OCR investigates discrimination in any p � • and or groups alleging discrimination by a recipient of funding, complaints by individualsgr p � g recipients, through selected compliance reviews, to submit data to ensure may require all p g their services are delivered in an equitable manner to all segments of the service population and their employment ractices are in compliance with equal employment p opportunity requirements. The employment practices of certain Indian Tribes are not covered byTitle VII of the Civil Rights Act of 1964, 42 USC Section 2000e. Additional information enation and technical assistance on the civil rights obligations of grantees and Sub-grantees can be found at: www.ojp.usdoj.gov/ocr. I. Arbitration The parties to this Agreement agree to resolve all disputes arising out of or relating to this arbitration, after exhausting applicable administrative review, to the Agreement through extent required byARS 12-1518 except as may be required by other applicable statutes. 5 Federal Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP) Reimbursement Grant Programs For the Provision of Grant Funds to Arizona State Agencies, Political Subdivisions and Indian Nations/Tribes Agreement Signature Page Signed for the Sub-grantee: Signature Date Agency Address City Zip Code ATTEST: Signed for the State Administering Agency: Frank F.Navarrete,Director Date Arizona Division of Emergency Management Arizona Office of Homeland Security 6 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Brent Sinclair, AICP, Community Development Director Mary Hartz-Musgrave, Managing Librarian of Inter overnmental A eement Between the Town of Oro Valley SUBJECT: Resolution (R)05-39Renewalg �' and City of Tucson(Tucson-Pima Public Library), for Operation and Maintenance of Oro Valley Public Library BACKGROUND: Tucson Pima Public Library (TPPL) is de artment within the City of Tucson whose purpose is to administer a p y and operate all libraries within the system. TPPL receives its funding from the City of Tucson and the Pima Free LibraryDistrict. The District pays TPPL approximately 50% of the operating cost of the library County system at the end of each budget year. The District receives its money from all Pima County property owners through a dedicated property tax. s an affiliate of the Tucson Pima Public Library, Oro Valley has the advantage of being connected to the sTerall TPPLsystem allowingpatrons to enjoy compatible, seamless service. However, some of these services will have an annual cost. Each of these services and costs are listed in the IGA. Staff has researched the cost of providing these services in-house as a stand-alone library rather than contract them through TPPL. Our research concluded that it is much more cost effective to contract these services through the TPPL system at the present time. benefit of beingan affiliate is greater autonomy. Our library is staffed with Oro Valley employees and The main under Oro Valleypersonnel and operating policies. We also enjoy the flexibility of setting our own managed p hours of operation as well as conditions for public use. In addition, as an affiliate, we receive approximately 50% of our operating revenue directly through the Free Library District. The purpose of this IGA is to renew the agreement for services with TPPL that originated in 2002. This IGA differs from the previous one in that the term is for three years and thus covers fiscal years 2004/2005, 2005/2006 and 2006/2007. SUMMARY OF THE IGA: TPPL • Provide integrated library service to the Oro Valley Public Library. (Includes standard services such as interlibrary loan capability, on-line computer networking links, etc.) • Provide collection processing services. g processingand cataloging books and materials) (TPPL is the central processing center for ordering, g g • Provide computer and telecommunications related services. OUNCIL COMMUNICATION TOWN OF ORO VALLEY Paie 2 oft (Includes library database management,hardware and software maintenance and Internet service) • Provide circulation services. 'ce for reserve notices and overdue notices) (TPPL provides centralized serve • Provide courier service between OV Library and other TPPL libraries. TOWN OF ORO VALLEY • Hire and manage a professional staff. • Manage and operate the library. the library. costs plus all of the capital cost of ry • Paythe balance of the operations/maintenance • Reimburse TPPL for the cost of providing the specified services SUGGESTED MOTION: ' Intergovernmental Agreement between the Town to APPROVE Resolution No. (R)OS-39 approving an I move City of Tucson (Tucson-Pima Public Library) for the operation and maintenance of the o f Oro Valley and the C y Oro Valley Public Library. ,, . / r< i _ I Libra .A m i str Cr ( V / / r Coninaunity D evel ment Director F - b i 4 4 (4 . tio12`, Town Manager Attachments: 1. Resolution No. (R)05-39 2. IGA F:\individ\HBS\BLANK TCC RESOLUTION NO. (R) 05- A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY FOR LIBRARY SERVICES WHEREAS, the Town of Oro Valley, is a municipal corporation within the State of Arizona,and pursuant to A.R.S. § 11-952, the Town Council is authorized to enter into Intergovernmental Agreements; and REASpursuant to A.R.S. 9-240 (B)(2) the Town Council has the power to provide for WHEREAS, § payment of its debts and expenses; and WHEREAS, the Town currently operates and maintains a free public library within the Town ("Town Library") for all Pima County residents; and WHEREAS, the Town wishes to renew an Intergovernmental Agreement (see Exhibit A attached hereto by reference) with the City of Tucson to provide the Town with technical, circulation and collection maintenance services for the Town Library; and WHEREAS, the Town will payfor these services on a quarterly basis based on an annual updated fee structure which will be updated and amended on an annual basis; and WHEREAS, it has it is in the best interest of the Town and to renew the Intergovernmental Agreement and that the Mayor and Council of the Town of Oro Valley, authorize and approve the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED that the Intergovernmental agreement between the Cityof Tucson and the Town for provision of and payment for library services for fiscal years 2004/2005, 2005/2006 and 2006/2007 for operation costs of the Town Library, is hereby authorized and approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the are Town of Oro Valleyherebyauthorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED bythe Mayor and Town Council of the Town of Oro Valley, Arizona this 6th day of July , 2005. TOWN OF ORO VALLEY Paul H. Loomis, Mayor C\Documents and Settings\bsinclair\Local Settings\Temporary Internet Files\OLK81\Library IGA for Services.doc Office of the Oro Valley Town Attorney's Office/CA/050505 ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney C.\Docunments and Scttings\bsinclair\Local Settings\Temporary Internet Files\OLK81\Library IGA for Services.doc Office of the Oro Valley Town Attorney's Office/CA/050505 EXHIBIT A INTERGOVERNMENTAL AGREEMENT C:\Docunienits and Settings\bsinclair\Local Settings\Temporary Internet Files\OLK81\Library IGA for Services.doc Office of the Oro Valley Town Attorney's Office/CA/050505 INTERGOVERNMENTAL AGREEMENT FOR LIBRARY SERVICES BETWEEN THE TOWN OF ORO VALLEY AND THE CITY OF TUCSON (TUCSON-PIMA PUBLIC LIBRARY) RECITALS This Agreement entered into this day of , 2005, by and between City of Tucson, a municipal corporation, hereinafter called "City" (TPPL), and Town of Oro Valley, hereinafter called "Town". WHEREAS the Town recognizes the support of Tucson-Pima Public Library cooperation to operate the Oro Valley Public Library, and WHEREAS the Oro Valley Public Library is affiliated with the Tucson-Pima Public Library System, and WHEREAS Tucson-Pima Public Library System through the City of Tucson provides technical, circulation, and collection maintenance services to the Oro Valley Public Library. IT IS THEREFORE, MUTUALLY AGREED UPON that the City with provide the Town with technical, circulation, and collection maintenance services to the Oro Valley Public Library, and the Town will pay for such services on a quarterly basis based upon an annual updated fee structure. 1 PURPOSE AND DEFINITIONS 1.1 The purpose of this Agreement is to specify the duties and responsibilities of the City (TPPL) and the Town as related to the administration and operation of the Oro Valley Public Library. 1.2 DEFINITIONS 1.2.1 "TPPL" means the Tucson-Pima Public Library. 1.2.2 "OVPL" means the Oro Valley Public Library. 1.2.3 OVPL materials collection means the books, magazines, media, electronic resources, and other materials, which are used by the library users. F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc 1.2.4 "Contents of the Library" means the furniture, shelving, equipment, and library materials collection, computers and like items. 1.2.5 "Telecommunications" means the method of electronic transfer of information between the "Town's" library and the "City" (TPPL's) computer system. 1.2.6 "Computer technology" means the hardware and software used to store and deliver information electronically between the "Town's" library and the TPPL's computer system. This includes the delivery of Internet related resources and databases to staff and public using the "Town's" library. 1.2.7 "Operating costs," means all aspects of the operating budget, which includes but may not be limited to personnel, collections (books, subscriptions to newspaper and magazines, multi-media formats, online subscriptions, and so forth), outside professional services, travel and training, memberships, telecommunications, and non-capitalized expenditures. This excludes all capital expenditures. 2 OPERATION OF LIBRARY 2.1 The "Town" shall operate the OVPL. The Oro Valley Public Library staff shall be administered according to "Town" personnel policies, procedures, and ordinances, including the "Town's" Computer Usage, E- mail and Internet Policy, attached hereto as Exhibit C, and its supplements. The "City" (TPPL) library operating standards, policies,and procedures, attached hereto as Exhibit D, will be complied with to the extent possible to insure operational uniformity throughout the system. The Oro Valley Public Library staff will comply with Innovative Interfaces, Inc. TM proprietary items and requirements in regards to the operation of TPPL's library database maintenance. The "Town" reserves the right to invoke its own Standards of Operating Procedures, attached hereto as Exhibit E, and amend those procedures as necessary. 2.2 Hours of Operation. The "Town" shall establish the OVPL's hours of operation with advice and consideration given by the "City" (TPPL). 2.3 Cost and reimbursement. The "Town" will reimburse the "City" (TPPL) for fees charged back to the "Town" based upon the collection size as of March 31, 2004. The "City" (TPPL) will charge the "Town" for the F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc actual cost of the library materials plus the processing fee per item as stated in section 3.1. Costs and reimbursements will be billed after the end of each quarter during the fiscal year beginning July 1 and ending June 30. The costs will be due and payable within thirty (30) days of the date of billing. 3 GENERAL OBLIGATIONS OF "CITY" (TPPL) The "City" (TPPL) shall: 3.1 Coordinate the selection, acquisition, and preparation of the ongoing materials collection for the Oro Valley Public Library, with Oro Valley Public Librarystaff, with costs charged back to the "Town", plus the actual cost of the library material, calculations more specifically described in attached Exhibit B. Amendments to Exhibit B may be performed administratively between the Town's Community Development Director and TPPL's • 3.2 Provide courier service between the Oro Valley Public Library and other TPPL libraries, calculations more specifically described in attached Exhibit B so that TPPL books and other resources may be borrowed and returned by all Pima County residents. 3.3 Provide Circulation Services with costs charged back to the "Town", calculations more specifically described in attached Exhibit B. These services include: sending out holds, overdue and fine notices to customers, servicingcollection agency accounts, and supplying library card applications and cards to be used by Oro Valley Public Library when issuing library cards. 3.4 Provide public copier and computer printer service, under an agreement with an outside vendor, contracted with the "City" (TPPL). Costs for copier and computer printer service will be charged back to the "Town" based on the terms of the vendor's contract, calculations more specifically described in attached Exhibit B. 3.5 Provide telecommunications (not voice) and computer technology will be provided by the "City" (TPPL), with costs charged back to the "Town", calculations more specifically described in attached Exhibit B. The "Town" will pay its share of any additional telecommunications and computer technology leased by the "City" (TPPL) as determined by the "City" or contracted vendor. "Town" will pay fixed costs or known costs for operations such as the lease for a T-1 Line as a separate item. F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc Telecommunications includes services to connect the "Town's" library to the "City's" (TPPL) network, and could be a T-1 line, DSL services, wireless, cable, or other leased service. Computer technology includes any software or licenses required providing Internet, network, circulation, firewall, security application a lication software for staff and public using the Oro Valley Public Library. p 3.6 Own the on-line computer system, library central site hardware and software, web links, the library catalog, and the library circulation database in relation to Section 5.9. 3.7 Provide Oro ValleyPublic Library with online library service modules for circulation, the library catalog, database maintenance, management information, serials, and acquisition of materials. 3.8 Provide standard computer training, database preparation, and ongoing installation assistance at no extra costs or fees. 3.9 Connect Oro Valley Public Library Staff to the "City" (TPPL) Wide Area Network forp �u oses of e-mail, communication with "City" (TPPL) staff, and office application software. Work with "Town" technology staff to connect Oro Valley Public Library Staff to the "Town" Wide Area Network. Actual licensing costs will be charged back to the "Town" and to the "District." 4 ADMINISTRATIVE COORDINATION 4.1 The "City"(TPPL's)TPPL's) Technology Administrator (Library Administrator) will coordinate all aspects of the library system technology management with the "Town's" technology staff. The Library Administrator will communicate with the contract vendor on behalf of the Oro Valley Public Library. The Library Administrator will also be responsible for periodic back up of the library system, coordinating and loading software releases, for ongoing training and consultation with the "Town" Managing Librarian, and for maintaining system security. 4.2 The "City" (TPPL) administration will address policy issues or issues with a district-wide significance, in consultation with the "Town." In case of a dispute, the Library Director and the Town Manager, or their authorized representatives, will meet within fifteen (15) days to resolve the matter. F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc I 5 GENERAL OBLIGATIONS OF THE "TOWN" The "Town" shall: 5.1 Provide free library services to all residents of Pima County, on the same terms and conditions as are applicable to "Town" residents. 5.2 Consider and cooperate with any reasonable conditions or restrictions, which the "City" (TPPL) imposes with respect to loans of books, materials or equipment to the extent possible to insure operational uniformity throughout the system. 5.3 Make reasonable efforts to collect reimbursement from patrons who lose or damage library books, materials or equipment, following "City" (TPPL) circulation policies and procedure. 5.4 Comply with "City's" (TPPL) Policies and Procedures and standards, attached hereto as Exhibit D, governing circulation, reference, Interlibrary Loan, and system-wide programs to the extent possible to insure operational uniformity throughout the system. 5.5 Respond to intra-library and interlibrary loan requests from "City" (TPPL) and other libraries. 5.6 Purchase, install and maintain additional furnishings required by the library for future fiscal years. 5.7 Own its own web links, all on-site telecommunication, and computer hardware and software in relation to Section 3.5. 5.8 Make any modifications at the Oro Valley Public Library, which are needed to accommodate equipment, including providing adequate electrical wiring, and assist the "City" (TPPL) in connecting the local equipment to the system. 5.9 Use "City's" (TPPL) on-line computer system to provide library system functions at the Oro Valley Public Library. Telecommunications must be compatible with "City's" (TPPL) computer system. 5.10 Agree to use "City's" (TPPL) Internet gateway for public Internet access and to comply with "City's" (TPPL) Internet Use Guidelines, attached hereto as Exhibit F, at the library. 5.11 Agree to reimburse the "City" (TPPL) for the ongoing material collection development services per Sections 3.1. 5.12 Agree to reimburse the "City" (TPPL) for courier services per section 3.2. F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc . M Agree A ee to reimburse the "City" (TPPL) for Circulation Services per section 3.3. 5g .14 Agree to reimburse the "City" (TPPL) for public copier and public printer service per section 3.4. 5.1p 5 Cooperate with the "City" (TPPL) to work towards a mutually acceptable computer replacement program. 5.16AppointValley an Oro resident as a liaison to the Tucson-Pima Public Library Board. 5.17 Attend regularly and take part, through its Oro Valley Public Library Staff, in appropriate "City" (TPPL) system-wide committee meetings, training opportunities,ortunities, and participate in system-wide projects as established by library administration in addition to meetings, training sessions and projects established by the "Town." 6 NOTICES Notices required pursuant to this Intergovernmental Agreement shall be given by first q class mail,postage prepaid, to the following: For the Tucson-Pima Public Library("City" (TPPL)): Director of Tucson-Pima Public Library Tucson-Pima Public Library 101 North Stone Ave Tucson, AZ 85701 For the Town of Oro Valley ("Town"): Town Manager Town of Oro Valley 11000 North La Canada Drive Oro Valley,AZ 85737 CC: Town Attorney Town of Oro Valley 11000 North La Canada Drive Oro Valley, AZ 85737 7 RECIPROCAL INDEMNIFICATION Eachart shall indemnify, defend and hold harmless every other party, their governing p Y bodies and their officers and employees from and against any and all suits, claims or damages ofkind, including defense costs and expenses, arising out of this agreement g any F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc which are alleged to arise out of or are attributed to any act or omission of that party, its governing body, officers, employees, and agents. 8 GENERAL TERMS & CONDITIONS Conformance. Theparties to this Agreement shall comply with all 8.1 federal, state, and local laws, rules, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Anyaction relating to this Agreement shall be brought before an Arizona court. 8.2 Non-discrimination. The parties shall not discriminate against any employee, client, or any other individual in any way because of race, age, creed, color, religion, sex, handicap, or national origin in the course of carrying the parties' duties pursuant to this Agreement. The parties �'Y g mutually agree ree to comply with the provisions of the Arizona Executive Order 75-5, as amended by Executive Order 99-4. 8.3 Americans with Disabilities Act. The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law pp 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 8.4 Effective Date. This Agreement shall be effective upon execution by all parties and filing of the original hereof with the Office of the Pima County Recorder. This Agreement shall be for the period beginning on the date of execution by all parties to this Agreement and ending June 30, 2007. This agreement shall automatically renew for successive one year periods unless terminated by either party in writing with at least one hundred and eighty (180) days notice. 8.5 Termination. This Agreement may be terminated upon mutual agreement of thep arties with sixty (60) days written notice. Upon termination or expiration of this Agreement, or any extension thereof, the owner of each facility shall remain vested with title to that facility, and all equipment, supplies, and library materials inventoried to that facility. 8.6 Cancellation. Pursuant to ARS § 38-511, the parties may cancel this Agreement within three (3) years after its execution, without penalty or further obligation by the parties if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson finaidoc behalf of thep arties is, at any time while the Agreement is in effect, an of to ee emp Y any other party to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 8. y 7 Severability. If anyprovision of this Agreement or the application thereof to anypartyor circumstance shall be held by a court to be unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 8.8 Arbitration. Anydispute arising under this Agreement, which is not settled . amongthe parties, may upon mutual agreement be decided by an Arbitration Board composed of a representative of each party mutually acceptable to each party. 9 AMENDMENT This Agreement contains the entire agreement between the parties and it may not be modified, amended, altered, or extended except through a written amendment signed by the parties. 10 SUCCESSORS AND ASSIGNS The terms of this agreement shall be binding upon all successors and assigns. IN WITNESS WHEREOF, we have hereunto set our hands the day and year first written above. PIMA COUNTY FREE LIBRARY DISTRICT: Chair, Board of Library District CITY OF TUCSON: TOWN OF ORO VALLEY: Mayor Mayor F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc v • ATTEST: ATTEST: City of Tucson Clerk Town of Oro Valley Clerk Pursuant to ARS § 11-952(D), the attorneys for the parties have this day of 2005 determined that the foregoing Agreement is in proper form and is within thep owers and authority granted under the laws of the State of Arizona. Assistant City Attorney Town Attorney F:\Agmts&Contracts\I G A\Library\Tucson\Library-TOV and City of Tucson final.doc TOWN OF ORO VALLEY :OUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director/Assistant Town Manager SUBJECT: Consideration and Possible Approval of Resolution No. (R) 05- 40 , Recommendations by the Town Budget and Bond Committee to change the Committee Name to "Finance and Bond Committee" and Increase their Regular Meetings from a Quarterly Basis to a Monthly Basis. SUMMARY: On June 13, 2005 the Budget and Bond held a special meeting to discuss utilities and telecommunications sales tax ordinances. Also included on the agenda were three other items related to the Committee's Rules and Operating Procedures. Committee Name Change From "Budget and Bond Committee" to "Finance and Bond Committee" The Committee voted unanimously, 4-0 (Member Hiremath excused) to recommend to the Town Council that the Committee name be changed from "Budget and Bond Committee" to "Finance and Bond Committee". Committee Members consider that Finance is more encompassing and more )flective of their powers and duties. Committee Membershi• Charlie from Five 5 Members to Seven 7 Members The Committee voted unanimously, 4-0 (Member Hiremath excused) not to recommend to the Town Council, an increase in Budget and Bond Committee membership from five (5) to seven (7) members. The Committee explained that their members have always been dedicated and there has never been any need for additional members. The Committee also discussed the challenge of recruiting additional volunteers. Committee Meeting Change from a Quarterly Basis to a Monthly Basis The Committee voted unanimously, 4-0 (Member Hiremath excused) that the Committee's regular quarterly meetings be changed to monthly meetings as necessary. The Committee indicated that the increase in workload has made it necessary that the Committee meet more frequently. Staff Comments Staff does not object to the Committee's recommendations. However, the Finance Director indicated to the Committee that any additional workload beyond the experience over the past one to two years will require additional staffing. The Finance Director has not made that request to the Manager and Council but must do so in the event that the change to monthly meetings increases the department's 'orkload. G:\COUNCIL\BBC Report to Council\7-6-05.doc TOWN OF ORO VALLEY ',OUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: 1. Resolution No. (R) 05- 40 SUGGESTED MOTION: I move to approve Resolution No. (R) 05- 40 recommendations of the Budget and Bond Committee and Change the Committee name to "Finance and Bond Committee" and the Regular meeting dates from a quarterly to a monthly basis. or I move to... , David L. Andrews Finance Director/Assistant Town Manager 71 Chuck Sweet Town Manager G:\COUNCIL\BBC Report to Counci1\7-6-05.doc RESOLUTION NO. (R) 05- 40 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA AMENDING THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING PROCEDURES, ORO VALLEY BUDGET AND BOND COMMITTEE AND MAKING SUCH DOCUMENT A PUBLIC RECORD WHEREAS, the Town of Oro Valley has established its own Budget and Bond Committee and adopted rules and operating procedures approved by Mayor and Council on June 2, 1999; and WHEREAS, the Mayor and Town Council desire to amend the Rules and Operating Procedures for the Budget and Bond Committee as recommended by the Committee's members. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY that all sections of the Rules and Operating Procedures of the Oro Valley Budget and Bond Committee shall be amended as follows with additions in ALL CAPS and deletions in strikethrough text: MEMBERSHIP The Budget FINANCE and Bond Committee shall be composed of a total of five members who shall be residents of the Town. The members of the Budget FINANCE and Bond Committee shall be appointed by the Council. Appointments shall be for a period of two years each ending on June 30, with terms of members so staggered that the terms of no more than three members shall expire in any one year. Vacancies for any reason shall be filled by appointment by the Council for the remainder of the unexpired term. The term of all members shall extend until their successors are appointed. If a member misses three consecutive regular meetings, a letter of inquiry requesting a response shall be sent. If the response received is indicative of a continuation of frequent absences, the Budget FINANCE and Bond Committee may request that the Town Council appoint a new person to complete the term. OFFICERS The Budget FINANCE and Bond Committee shall elect a Chairman and Vice-Chairman from among its own members in July of each year who shall serve for one year. The Chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The Vice-Chairman shall perform the duties of the Chairman in the absence or disability of the Chairman. If both Chairman and Vice-Chairman are absent from a meeting, the senior member of the Commission shall preside. Vacancies created by any cause shall be filled for the unexpired term by a new election. MEETINGS Regular meetings of the Budget FINANCE and Bond Committee shall be held at the Oro Valley Town Hall subsequent to the 10th day of the month following each calendar quarter EACH MONTH and such meeting shall be duly noticed, in accordance with Arizona Statutes, as to exact time. If it is necessary to change the location of the meeting, a notice of such change shall G:\COUNCIL\RESOL\BBC Resolution 05-.doc be posted at the Town Hall so it may be readily seen and read whether or not the Town Hall is open. If a is uorum not present at a regular or special meeting, such meeting will be continued to a q specific time. If there are no time-considered agenda items, the meeting may be continued to the next regular meeting. AGENDAS Agendas and accompanying information shall be available to the members of the Budget FINANCE and Bond Committee and the public no later than seven days before the Committee meeting. SCOPE The Budget FINANCE and Bond Committee primarily advises the Town Council on Town budgetary issues and reviews expenditures from long-term debt issuances for conformity to the g y intended uses of the funds. POWERS AND DUTIES The Budget FINANCE and Bond Committee performs the following duties: A. Budget Reviews On a quarterly basis, the Budget FINANCE and Bond Committee reviews the Towns actual revenues and expenditures compared to budgeted amounts and provides a report to the Town Council with respect to its findings. Such reviews and reports shall use as a guideline the Town's Fiscal and Budgetary Policy that has been established and may be amended from time to time by the Town Council. B. Reviews of Proceeds from Long-Term Debt Issuances From time to time, the Town Council may authorize the issuance of long-term debt which shall be defined as the financing of a principal amount equal to or greater than $100,000 with repayment to occur over a period in excess of one year. On a quarterly basis, the Budget FINANCE and Bond Committee reviews the expenditures of long-term debt proceeds to the originally stated intended uses of the funds. The findings from such reviews shall be reported to the Town Council. C. Town's Annual Financial Audit On an annual basis, the Budget FINANCE and Bond Committee shall be presented the results of the Town's financial audit performed by a certified public accounting firm and make a recommendation to the Council with respect to Council acceptance of the audit. D. 5 Year Projections Upon review and acceptance of the Annual Financial audit, the Budget FINANCE and Bond Committee shall update their 5 year financial projections and target presentations of G:\COUNCIL\RESOL\BBC Resolution 05-.doc the projections and related recommendations to the Town Council in the 3rd quarter of the fiscal year. E. Review of Town Manager's Recommended Budget On an annual basis, the Town Manager submits a recommended budget for the fiscal year to the Town Council for consideration and final approval. Members of the Budget FINANCE and Bond Committee shall be presented a copy of the Town Manager's Recommended budget and shall review and present comments and suggestions to the Council with regard to the Manager's Recommended Budget. AMENDMENT These rules shall be amended only by an affirmative vote of three or more members of the Budget FINANCE and Bond Committee. Such amendments shall be proposed at a regular meeting upon voted u on not sooner than the following regular meeting. The amendments become effective upon approval by the Town Council. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley this 6th day of July, 2005. Paul H. Loomis, Mayor ATTEST: APPROVED AS TO FORM: Kathryn E. Cuvelier, Town Clerk Melinda Garrahan, Town Attorney G:\COUNCIL\RESOL\BBC Resolution 05-.doc TOWN OF ORO VALLEY SUPPLEMENTAL COUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Mark Moore,New Development Coordinator, Oro Valley Water Utility. SUBJECT: Application for Inclusion to the Water Utility Service Area submitted by Javier Acevedo. SUMMARY: Subject Property(9797 N. St.Patrick,Pima County Parcel 21630021A), currently does not have water service. The owner,Javier Acevedo, desires to be served by the Oro Valley Water Utility and is proposing to extend the existing water system to provide service to the subject property. System connection will be completed pursuant to Oro Valley Water Utility specifications and will be done at the applicant's sole expense. FISCAL IMPACT: The Utility will receive the infrastructure improvements at no cost through a Line Extension Agreement and will receive revenue from the sale of water. RECOMMENDATIONS: Staff recommends approval of the Application for Inclusion to the Water Utility Service Area. SUGGESTED MOTION: I move to approve the Application for Inclusion to the Water Utility Service Area. ATTACHMENTS: Application for Inclusion to Water Utility Service Area and area map. C Ott/7 C:rne ew IIe lopment Coordinator ting Wat *tility Director i ' Town 4 anager 10/27/2004 09:50 5202295029 a WATER UTILITY PAGE 01 o . ., ,� TOWN OF ORO VALLEY icv615.7ti 70 144. 1f '1.' .APPLICATION FOR INCLUSION To THE VI CE AREA4.0 AA At , k.-.Sr * � �1A.'�'ER UTILE' SERt ds '=!;44,1-411;"A R i.:-.,-,-- it ..__. ,, -......- 1 'Cl . (A 00\0E0 Ac3 A ' ct,:,,,i P-:,,,,, M % e,-..11,C;r--'- \'7,,*,',- ' ,"..1 I V:n.'clk,Q''.5:,.\.,,,,,,I ::,-,j)/ rig% .1,0' , 01:,.\,t':' ' ' ,N,./ si t`,rc PLEASE TYPE OR PRINT THE FOLLOWING INFORMATION. se41-:y/ 4M Z:7:"-: Property Owner: t C .��" j _.-� _ Y Owner is; .Individual Partnership Corporation Sole Proprietorship Owners Address: AL t--!`► 44.' ift2... S __/._ - - Authorized Representative: Title: General Property Location/Identification: 9191 ti S 1P' - t_, Legal Description Attached is: Recorded Plat with ... lots. Meets and Bounds with an area of acres. Property is; Within the Town limits -157,4, .._4 Outside of the Town Limits Fee Attached (At$200 lot or$5.0a acre : 7r /1 4C )4 5. 0 b. - 2.O '�perper ) I/WE THE UNDERSIGNED DO HEREBY: • Request the Town o 0 ro Valley to expand tl : Water Utility Service Area of the Town. + Apply for our p .perty to be i.nclud. • i -/tile Service Area of the Oto Valley Water thity. • Agree to foil.' • appaicai.4c#eta ,s,or•'nances,policies and regulations. f . /21L.).5-- SUBMITTED: AV ; '= . _ .�` _ Si?, ,tore of I.,,'r.71: ,Aut17e Representative Date /. : ___:1/4, ( /r STATE OF ARIZONA) �� / COUNTY OF PIMA ) ss. 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' 1 i'-1 t/, tom. f - ------1----, - , :l } •1 S \S. \\ ,�� f } .1 i --1----- i ..i_._.___. �T f r < t t---:;c:,,,,./ : -- r i '-•--^,,c I TOWN OF ORO VALLEY OUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR & COUNCIL FROM: David L. Andrews, Finance Director/Assistant Town Manager SUBJECT: Consideration and Possible Award of Bid for Local Sales Tax Auditing Services to Albert Holler &Associates SUMMARY: At the June 15, 2005 Regularmeeting, the Town Council approved Ordinance No. 05-25 which Town's sales tax code and granted authority to the Town to perform local sales tax amended the audits of Oro Valley businesses. The Finance Department contacted two firms that specialize in local sales tax audits in the State of Arizona in order to obtainproposals osals for local sales tax auditing service. Both proposals are attached p to this communication. In addition, Staff contacted the Town's auditors, Cronstrom & Trbovich in an attempt to obtain additional names of other qualified consultants. Cronstrom & Trobovich was not able to providean the names of consultants due to the specialized nature of this service. Y Funding in the amount of $50,000 has been included in the Finance Department's FY 2005/06 tentative budget for the outside consulting of local sales tax audit services. ATTACHMENTS: 1. Proposal —Albert Holler & Associates 2. Proposal — Miller, Allen & Co., P.C. RECOMMENDATION: & Associates has over 30 years experience in sales tax auditing and administration. Albert Holler Several municipalities alities listed as references were contacted and had favorable comments and an increase in local sales tax collections. Therefore, staff recommends award of bid to Albert Holler & \ssociates. TOWN OF ORO VALLEY COUNCIAL COMMUNICATION PAGE 2 OF 2 SUGGESTED MOTION: I move to award the bid for local sales tax auditing services to Albert Holler & Associates. or I move to . . . 4 / j) --)a,A, ..-,11,,Lizit7,,-) kt,t---,---- David L. Andrews Finance Director/Assistant Town Manager / i �f L ter. A.,...,--z . ,:y.... , ,, Chuck Sweet Town Manager ALBERT T HOLLER & ASSOCIATES LOCAL GOVERNMENT CONSULTANTS 722 N.Meadowlark Lane Chandler,Arizona 85226-1818 (480)940-1130 fax(480)705-0341 e-mail aholler@.att.net web site aholler.com May 17, 2005 David Andrews Finance Director Town of Oro Valley 11000 N La Canada Drive Oro Valley, AZ 85337-7015 Dear David: in obtainingsupplemental Town of Oro Valley is interested tax audit services to complement of Revenue. services provided by the Arizona DepartmentSupplemental audits are not designed to enhance and assist the to replace existing programs, but moreTown in conducting sales tax Oro Valley, as all Arizona communities, needs to maintain its audits timely and accurately. y This is accomplished by providing education and tax awareness services to the revenue base. p q business community, securing delinquent sales tax revenues, and identifying businesses operating within the Town. Historically, Departmentll the De of Revenue cannot dedicate the resources necessary in assisting a Town secure its revenues. Our sales tax audit program offers the Town assurances that businesses are properly licensed, accuratelyand timely. We use a comprehensive audit aware of the tax code, and filing returns process that can be tailored to meet the Town's needs. Our program identification and selection � tax code and revenues byensuring businesses are complying with your maximizes sales tax handling delicate audit submitting theproper amounts. We have expertise in h g reporting and submi g a roach is to handle each audit on a personal basis to avoid confrontation and situations. Our pp maintain thep ublic relations image of the Town. As a well-known expert in sales tax, I have over 30 years experience in sales tax auditing and at the Arizona Department of Revenue and tax audit administration. I was chief auditor p drafting committee of the Model Tax Code and chairman supervisor at a major City. I was on the d g it's pexperienceprovides assurances that Oro Valley and it s of the Unified Audit Committee. This citizens receive the best services available. Our firm has been in business for thirteen years. The key advantages of using our services are: • Tax audit experience • Proven methodology • Positive results . Yours truly, SI ' 1 Albert Holler INTRODUCTION The Town of Oro Valley adopted the Model Cities Tax Code effective 1987, and is currently the state cannot dedicate the resources necessary for an In the state collection program. As Town is interested in procuring additional services for an audit effective audit program, the d ro aram. It has requested a proposal for sales tax audit services. Our proposal is Include p b herein and can be amended as necessary to fit your needs. REQUIREMENTS The requirements for the audit program are: 1 - to provide education and awareness to the business community regarding tax code requirements including licensing, reporting& filing requirements; and, 2 - to secure delinquent tax, licensing, andpenalty revenues for the Town and to identify future revenue sources. To satisfy these requirements the following objectives will be met: 1 - Identify & prioritize potential audits 2 - Conduct the audits fairly and quickly 3 - Educate the business community 4 - Follow-up and review the progress of the program To fulfill these objectives we request uest the Town to furnish the following: q 1 Town maps including parcel numbers and zip codes Detailed iled tax collection information (from ADOR) 3- Building permit information 1 APPROACH Identify potential audits Priority I Unlicensed or underpaying businesses are targeted for audit as there is a known potential for additional tax highpriority revenues. Other riori audits are identified by researching public information and comparing known liabilities to a tax reporting history. County recorder documents, property transfer information, and building permits are reviewed in detail. Priority II These audits are selected based on information obtained from other audits. This includes reviewing information regarding landlords, suppliers, exempt sales, and construction. Included in this classification are businesses that historically have a propensity for error. Priority III p A few audits may be selected completely at random. That any business has the same statistical chance of being audited is essential in maintaining voluntary compliance. These audits are generally enerall not cost effective and should be kept at a minimum. CONDUCTING AUDITS Audits are conducted in the field on computer. Laser printer generated work papers are in the Unified Audit Committee. The standard of performance will meet or format approved by the . in their audit procedure manual. Audit files containing all appropriate exceed those listed documentation will be stored at our location and remain property of the Town. Accounts selected for audit will be advised byletter and appointments made at the taxpayer's relations are on a professional basis and we provide the necessary location. Taxpayer and We provide form letters specifically tailored for the Town courtesies to the public. Town's that may produce special correspondence be needed. Letters are prepared by us on the letterhead. The Town will mail the letters and receive mail on our behalf when necessary. the audit closingconference. Efforts will be made, with the Appeal rights are explained at Town's approval, to avoid unnecessary administrative reviews. If a hearing is requested we will provide all necessary documentation and assist in preparation of the Town's position. Mr. Holler approves all audits before submission to the Town. Consistency and confidentiality are strictly maintained. 2 FOLLOW-UP AND REVIEW Progress and activity reports will be submitted monthly showing each audit completed and its p status. The reports also summarize data by assessments, payments, costs, and return per dollar. Reports submitted show audits selected and status. Unpaid audit assessments will be monitored and collection efforts will be pursued. We will prepare liens for the Town to file if necessary. Collection efforts will be limited to telephone calls and personalonly visits if required. Recommendations on how to continue will be made if extra collection procedures are required. PERSONNEL Albert Holler has over 30years experience in sales tax auditing and administration. He began p p his career with the Arizona Department of Revenue as an auditor trainee and eventually promoted to Chief Auditor for sales and use tax. In that position he was responsible for a nationwide auditprogram ram and the activities of 60 employees including a staff of 30 g professional auditors. He was also the Tax Audit Supervisor for the City of Mesa. This experience on the local level, coupled with experience the on the state level, gives him a greater perspective on the type of services a needed bymunicipality. He was on the drafting committee of the Model served as chairman of the Unified Audit Committee. He has a thorough Cities Tax Code and knowledge of the Model Cities Tax Code and is recognized as an expert in sales tax. Robert McClure joined g the firm ei ht years ago from a career in the private sector. He has over 28 years of professional experience as an analyst and various management positions p with Motorola. His experience is in dealing with all aspects of financial, operational, resource p planning, customer service and compliance activities both in the US and abroad. He has and communicatingthe results of his studies and recommendations experience in analyzing . His non bureacratic approach is essential in maintaining good relations. to management. pp REFERENCES City Name Title Phone Lake Havasu City Dennis Massara Ass'y Finance Dir. (928) 855-2116 Cave Creek Carrie Dyrek City Clerk (480) 488-1400 A. Ghetti Accounting Suprv. (480) 837-2003 Fountain Hills Julie ,, ,, Dobrosk Revenue Manager (623) 773-7183 Peoria Larry Y Marana Roy Cuaron Finance Director (520) 682-3401 Bullhead City Loretta Kearns Fin. Operations Mgr (985) 763-9400 3 COSTS The audits are estimated at generating at a minimum three times our fee. If an audit appears not to be cost effective we will advise you prior to beginning the audit. Assessments are measured at the gross amount of tax, penalty, and interest and include voluntary back payments made after notification of an audit but before an assessment. No audits are made on uncollectible accounts. The Town has the option of assessing and abating penalties. The Town is requested to provide minimal support. Besides the records requested, we may q need some occasional work space and photo copying. Full service annual fee This is a complete audit program including public records canvassing to determine p non-licensed businesses and potential audits. This service includes preparing all correspondence, interfacingwith the Arizona Department of Revenue, representation at the g Unified Audit Committee meetings, tax research services as needed, taxpayer awareness and education as needed, and assistance to the public regarding sales tax issues. Building permits, state and countycontracts, journals and tax are reviewed in detail. We will select a list of potential audits to present to the Town. The fee for this service for a minimum of fifteen audits is $36,000 per year. 4 MILLER ALLEN & CO.,, P.C. 533S NORTH 7TH STREET,SUITE .100 PHOENIX,ARIZONA 85014 Cerffied Public Accountams TEL(802)264-3888 FAX(602)230-0348 MARK L.LANDY,CPA STEPHEN T.HARRIS,CADA, ROBERT L.MILLER,(2;P.A,. THOMAS L FRIEND,C.P.A. (1931 - 1992) June 10, 2005 David Andrews, Finance Director Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 At your request, we will provide an email address for local citizens to ask sales tax questions, perform privilege tax audits approved by the Finance Director, and provide answers for the Town's personnel privilege tax questions (office time at the Oro Valley Town Hall may be scheduled at your request). We estimate the total cost of this service will not exceed $35.000,00 per year. if additional time is required, we will inform you before we proceed. Our fees for these services will be $85 per hour plus other out-of-pocket costs such as hotel stays, per diem, report production, typing, postage, etc. Our fees for travel will be $60 per hour for time traveled in excess of the first thirty minutes to and from Oro Valley. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm's policies, work may be suspended if your account becomes forty- five days or more overdue and may not be resumed until your account is paid in full. We appreciate the opportunity to be of service to the Town of Oro Valley and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. This letter will continue in effect until canceled by either party. Very truly yours, acj MILLER, ALLEN & CO., P.C. Certified Public Accountants RESPONSE: This letter correctly sets forth the understanding of the Town of Oro Valley. By Title Date TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JULY 06, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ. REQUEST TO PURSUE FUNDING PROPOSAL FROM THE TOHONO O'ODHAM NATION. SUMMARY: In 2p 002 Arizona voters approved Proposition 202 allowing for continuation of Indian gamingin Arizona. Pursuant to Proposition 202 tribes are required to distribute and / or the Arizona of their total annual contribution to local governments 12/o p Commerce and Economic Development Commission. The Town of Oro Valley recently received a request for funding proposal from Tohono O'Odham Nation Chairwoman, Juan- Sanders. The proposal deadline is July 15, 2005, and must address the Vivian p P following priority areas. a) Education b) Health Care c) Public Safety d) Child Advocate e) Economic Development f) Cultural & Environmental Development and Protection It is suggested that the Town of Oro Valley seek funding for the Honey Bee Village Preserve Conceptual Plan which is part of tonight's agenda, and / or funding for the Development of a Town Historic Preservation Plan. Actual costs estimates for either of these plans are not available at this time but estimates will be brought forward before the July 15th deadline. ATTACHMENT: q Letter of Request from Tohono O'Odham Nation Chairwoman, Vivian Juan - Sanders SUGGESTED MOTION: I move togrant the Town Manger authority to submit a funding proposal to the Tohono ' Nation for the HoneyBee Village Preserve Concept Plan, and / or the O'Odham Development of a Town Historic Preservation Plan. 7 ,ein (/' 7 / 77 ,-/# I ,/,/, 1 ii,"" /....i,„._ A ( , r-v/4,1,- tr----_,/c---tze- , .,. t.' 4*,_ / `,....- Chuck Sweet, Town Manager IE T0M0 a �\ * AS O Q 4. * 0. *2 �gleAL Ned Dorris Jr. Vivian Juan-Saunders � tWFse Chairwoman Vice Chairman OFFICE OF THE CHAIRWOMAN & VICE CHAIRMAN _ _ TOHONO O'ODHAM NATION P.O.Box 837 • Sells,Arizona 85634 Telephone(520)383-2028 • Fax(520)383-3379 Mayor Paul H. Loomis Mayor Tow n of Oro 'v alley Town Hall 11000 N. La Canada Drive g5737 3 Dear Mayor Loomis, a voters passed Proposition 202,which allowed for the continuation of limited In 2002 Arizona p p Indian gaming amin on Tribal lands in Arizona. Passage of this ballot measurewas of tremendous importance as it ensures that Arizona Tribes can continue to address the desperate poverty and that exist on Tribal lands. On the Tohono O'odham Nation gaming revenues are being needs rove the health and well-beingof Tribal.members,strengthen public safety,° open up used to imp educational opportunities, and to address a multitude of other infrastructure needs. Under Proposition 202 Arizona Tribes also agreed to share a portion of their revenues with the State of Arizona.: Under this program, 12 percent of total annual Tribal revenue sharing is to be directly distributed to either local governments in Arizona or in the form of a deposit to the State of Arizona's Commerce and Economic Development Commission's Local,Community Fund. For 2005 the Tohono O'odham Nation has chosen to contribute directly to local governments these localgovernments to qualitynol - rofit organizations.: As a result,the Tohono and through p ' Nation is seekingto obtain Requests for Funding Proposals from Arizona cities, towns, O'odham q counties and non profit organizations: are • • the specific criteria and timelines the Tohono O'odhain Nation has set north for Attached p • identifying funding recipients. Proposals will be evaluated and awarded under the priorities established by the Tohono O'odham Nation. Sincerely, sittifriatia44/4--- Vivian Juan-Saunders, Chairwoman Tohono O'odham Nation • 1, . c t, 0 oftlir ' Juan-Saunders W • * % Ned Norris Jr. � IvzanJuan Sa ii,) -�- . 3 Chairwoman , :• '� z Vice-Charman • Ct. N4 OFFICE OF THE CHAIRWOMAN &VICE ClIAIRMAN TOHONO O'ODHAM NATION P.O.Box 837 • Sells.Arizona 85634 (520)383-2028 • (520)383-3379 Fax REQUEST FOR PROPOSALS Arizona Revised Statute 5-601-02. 12% Gaming Distribution Tohono O'odham Nation Background In 2002 Arizona eligible voters approved Proposition 202 allowing for continuation of Indian gaming in Arizona. Pursuant to Proposition 202 tribes are required to distribute 12%of its total annual contribution under Section 12(b) in one or both forms; 1)direct distribution to cities,towns, and counties or 2)deposits to the Arizona Commerce and Economic Development Commission.The distribution of funds from the Tohono O'odham Nation is required no later than October 25 of each year. Distribution Priority Areas Proposals must address the following priority areas: a) Education b) Health Care c) Public Safety d) Child Advocate e) Economic Development f) Cultural & Environmental Development and Protection Proposal In a 4 page Proposal: a) Describe the need. b) Who will benefit from the distribution of revenue? c) Submit a budget justifying the request for revenue. d) Describe other funding requests and the status of the requests. e) Indicate whether your entity has already received a 12% distribution from Tohono O'odham Nation or other Arizona tribes and the amount. f) Identify a designated contact person for follow-up Requirements a) For direct funding to a city, town, or county, a signed Inter governmental Agreement(IGA)is required between Tohono O'odham Nation and the city,town or county. b) For distribution by the State of Arizona Department through the Commerce and Economic Development Commission Local Communities Fund, a signed Intergovernmental Agreement(IGA) is required between the state of Arizona and the city, town or county. c) For qualified non-profits and other entities not directly under a city,town,or county, a signed Intergovernmental Agreement is required directing the funds to be accepted by the local municipality on behalf of the entity. d) Internal Intergovernmental Agreement approvals are required i.e. approval by local governing body, such as a city council, county board, etc. e) Funding recipients are required to provide the Tohono O'odham Nation with a final and complete report detailing how the funds were spent by June 1 of 2006. Timeline a) Submit 4 page proposals by July 15,2005. b) Selection of recipients will be made no later than August 1, 2005 c) Selected recipients will be notified by August 8,2005. d) Intergovernmental Agreements(IGA) are due no later than August 31, 2005 e) Recommendations will be presented to Tohono O'odham Legislative Council for approval during the October 2005 session during the week of October 10-14, 2005. f) Distribution of Funds will be made by October 25, 2005. Contact: Address and mail all proposals to: Chairwoman Vivian Juan-Saunders Tohono O'odham Nation P.O. Box 837 Sells,Arizona 85634 (520)383-2028 telephone (520)383-3379 fax Must be received by 5:00 p.m.on July 15,2005 TOWN OF ORO VALLEY - 2 Page 1 of 2 .7OUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR AND COUNCIL FROM: MELINDA GARRAHAN,TOWN ATTORNEY SUBJECT: DIS CUSSION AND POSSIBLE ACTION TO APPROVE SETTLEMENT OF THE PENDING CASE AT A NEGOTIATED PURCHASE PRICE OF $4,725,000, TOGETHER WITH STATUTORILY MANDATED INTEREST AND ASSOCIATED CHARGES WITH DIRECTION TO STAFF TO PURSUE FINAL SETTLEMENT OF THE LITIGATION, AS WELL AS VARIOUS FUNDING OPTIONS INCLUDING PUBLIC FINANCING) FOR POSSIBLE FUTURE ACTION BY COUNCIL. SUMMARY: In an effort to alleviate limitations that the Town is experiencing on its 5 acre facility at 680 Calle Concordia, in November of 2004 the Mayor and Town Council authorized condemnation of the 23 acre site owned Meritage byMerita e Homes, located just west of the intersection of Oracle Road and Rancho Vistoso tentative finalpurchase price of$4,725,000 plus mandated statutory interest and costs was recently 31vd. A arrived at through rigorous negotiations between Town staff, Council Member Terry Parish and Meritage Homes. To finalize this Condemnation Settlement, this is being submitted to the Mayor and Town Council for their direction and approval. Because of how Arizona condemnation law works, the Town has already paid $3,800,000 for the right to take possession of theproperty. Based on the tentative settlement amount, the Town would owe the immediate remaining $925,000 plus mandated statutory interest and costs if the Mayor and Town Council agree to move forward. In additionmoving to forward with this settlement, staff requests direction and authority to explore the possible funding options tions available to the Town, including public financing. Finally, we endeavor to have cost and interest calculations available for Council review at or before the time of this meeting because they were not finalized at the time this communication was due. ATTACHMENTS: NA F:\Council\Kegular\2005 CC\CCU/0605 Re I own Facilities Condemnation Cost.doc TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: July 6, 2005 FISCAL IMPACT: $4,725,000 plus mandated statutory interest and costs. SUGGESTED MOTIONS: I herebymove to direct the Town Attorney and Town Manager to pursue final settlement of the Town Facilities Condemnation at a purchase price of$4,725,000, together with statutorily costs with further direction to pursue various funding options to include public mandated interest and associated financing. i _ // 4/( 4 Tobin Sidles for Melinda -arrahan Tow ttorney i .1) 0 , -4 Chuck Sweet Town Manager 1-:\Council\Regular\2005 CC\CC.070b05 Re Town Facilities Condemnation Cost.doc ..,:,..,-, flaillii,i' I.. T. w3b,�: t p f\'gat ..i T i o 'P.' N ,t, -,-' -= ',i.' t c'7:1 ccf; t.,' c ,.,4 .- i— JJ�a.�""yp g aim,,,i: , 'zi ti) .,.,.......:,:::.,:„::,„.„,,:,::„„,,,,,,k4.4„„„„„,,,,„„,„„,".„.,„:,„6,,x4...„.„„„,,,,,,,,00sini z 7.4 gp\ t�r .••.....:„.,..,.,:,::.:::,.....:•...;,:„...,............„,,....,.„,„,..,........... = ci) g .= 4:4 © _ ,c.) ct — :It, 4 44 C �� I`\, `imillen ,A., L-, v VLI V w4 ♦ ii J-C tril it II }�pt. Ovw Com. ,-- -i- = zL, i, (:4 o o ,. 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O v� v,F. c� o• n ora o °o °o (-.=,, •,c) o c ,.yC cD o o ►� TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: RECOGNITION OF ORO VALLEY HISTORICAL SOCIETY AND PRESENTATION OF $1,000 FROM THE ORO VALLEY ENDOWMENT FUND SUMMARY: Dick Eggg, erdin President of the Oro Valley Endowment Fund will present a check for $1,000 to Jim Kriegh, Oro Valley Historical Society. i:2 ) (r. e.t,u4,4L-e;7 Kathryn E. Cuvelier, T•wn Clerk / ---,' / / / (....f,/,,,/--/-k,„4.6( w ' V----- Chuck Sweet, Town Manager TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJECT: P RESENTATION OF PLAQUES OF APPRECIATION TO OUTGOING BOARD AND COMMISSION MEMBERS SUMMARY: The following Board/Commission members are eligible to receive Plaques of Appreciation for their service to the Town of Oro Valley: BUDGET &BOND COMMITTEE: Honey Pivirotto PLANNING & ZONING COMMISSION: Don Cox PARKS AND RECREATION ADVISORY BOARD: o Terry Sinding Joel Brault Mike Wilson BOARD OF ADJUSTMENT Bill Adler Matt Adamson DEVELOPMENT REVIEW BOARD Mark Glueck Clark Reddin Al Kunisch We are in the process of confirming the members who will be able to attend the July 6th meeting and will have a complete list of names prior to the meeting. Cr• (,(A44,,A-g; KathrS7n E. Cuvelier, Town Clerk 77-) / Chuck Sweet, own Manager TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Philip Saletta, Water Utility Director SUBJ: Appointment to the Water Utility Commission SUMMARY: Using established procedures as outlined in the Town Council Policies and Procedures, an Interview Panel was formed consisting of Mayor Paul Loomis, Water Utility Commission (WUC) Chair Mike Caporaso, and Staff Representatives David Ruiz and Philip Saletta in order to make recommendations of appointments to WUC. The Interview Panel conducted interviews of seven (7) individuals who expressed interest in serving on WUC. As a result of those interviews, the following individuals are recommended for appointment to WUC as follows: > Mr. Drue Hardy (new appointment for Turf) July 1, 2005 —June 30, 2008 > Ms. Kelle Maslyn (new appointment for Countryside) July 1, 2005 — June 30, 2008 > Mr. David Powell (new appointment for At-Large #1) July 1, 2005 —June 30, 2008 > Mr. Harold Vaubel (filling vacancy for At-Large #2 appointment) July 1, 2004 — June 30, 2007 Also, Mr. Winston Tustison was ranked 5th 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. Tustison be considered for WUC. With the addition of the newly recommended appointments, some of the remaining WUC constituency would revise their positions as follows: > Mr. Gregg Forszt (revised appointment for Commercial) July 1, 2003 — June 30, 2006 > Mr. Mike Caporaso (existing appointment for Residential #1) July 1, 2003 —June 30, 2006 > Mr. Steve Rivera (existing appointment for Residential #2) July 1, 2004 —June 30, 2007 ATTACHMENTS: Volunteer Appointment Applications SUGGESTED MOTION: Effective July 1, 2005, I move to appoint Mr. Drue Hardy (Turf), Ms. Kelle Maslyn (Countryside), and Mr. David Powell (At-Large #1) to three-year terms on the Water Utility Commission ending June 30, 2008, and appoint Mr. Harold Vaubel (At-Large #2) to fill the vacancy with a term ending June 30, 2007; and Further, I move to revise the remaining positions as Mr. Mike Caporaso (Residential #1), Mr. Steve Rivera (Residential #2), and Mr. Gregg Forszt (Commercial). p1 , , ,,,, , )2, ,,,,7",) , /if/7, , Li, ,,-, 6.,,,(„e , __.._______ Philip Saletta, Water Utility Director 04 a f , Chuck Sweet, T. n Manager a R j TR 1' J ' 4,Ieeab41r.tis•. 1; 44,;,_77'". ;n!'. Vi i.' • `-'" 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 Powell David George ast irst Middle Home Address Oro Valley 85737 Home Phone Business Phone Email Number of Years in Oro Valley 2.5 (Must be a resident of the Town for 1 year). Signature Date Please indicate the board or commission you wish to join: Parks and Recreation (Development Review— Water—Adjustment). 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.) President of Village 20 (Sub-Association of Canada Hills Community Association), Oro Valley National Association YMCA Professional Regional Chairman(elected)Current,Pacific Southwest Region President of the(APD)Association of YMCA Professionals(elected),2000-2003,Pacific Southwest APD Board 1998-2000. Volunteer Alisa Ann Ruch Burn Foundation,So.Cal 12 years, California Model Legislature, Board 1992-1998, Greater Tucson Leadership program,2004—LPGA(Tucson Parks Foundation)Volunteer 2003/2004. Santa Ynez Elementary School Board,Santa Ynez,CA—1987/88 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. My professional life and volunteer life gives me a clear understanding of community service and a relationship that exists between the"paid"professionals and community volunteers(co-owners and co-producers). There is a clear role for both. Volunteer leadership does not manage but helps set policy based on community benefit and needs. The relationship is a partnership which holds each other accountable for the end result. I work on the staff side in my career and understand the role of both. Have you attended the Citizens Planning Institute? Started Feb 10,05 Are you willing to attend?Currently enrolled Briefly describe your educational/vocational background. Master of Science,School of Human Services, Organizational Leadership and Management,Springfield College,Springfield MA,2001. BS,California State University at Northridge, 1981,Recreation and Leisure Services. 01/03 Vice-President and Chief Operating Officer,YMCA of Metropolitan Tucson December 2002 to Present. Executive Director,YMCA of Metropolitan Los Angeles—Santa Clarita Valley Branch and West San Fernando Valley Branch, 1992-2002,Executive Director,Channel Islands YMCA,Santa Ynez Branch, Santa Ynez,CA, Executive Director YMCA of Burbank,Burbank,CA,Director of Camping Service,YMCA Camp Fox,Catalina Island, CA,Program Director Crescenta-Canada Family YMCA and Glendale YMCA. IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com David G. Powell Oro Valley, AZ 85737 EMPLOYMENT HISTORY Vice President/Chief Operating Officer December 2002 to Present YMCA of Metropolitan Tucson,Tucson,AZ Major Responsibilities: Operations of all branch and camp operations,Risk Management,Fiscal Control,Staff and Volunteer Development,Master and Long Range Planning,Property Management,Fund Development Key Accomplishments • Supervised the opening of the Northwest YMCA/Pima County Community Center exceeding enrollment projections in the first year by 150%. • Guided the Association through a successful comprehensive 20 year Master Planning process leading.. Executive Director December 1998 to November 2002 YMCA of Metropolitan Los Angeles,Santa Clarita Valley Branch,Valencia,CA Major Responsibilities: Total Branch operations,fiscal control(2002/03 budget 3,700,000); financial development(annual support/special events$250,000);staff development(11 professionals, 10 support,97 part-time)facility management(main facility consists of health&fitness,aquatic,preschool),8 off-site program centers, administrative support center&roller hockey complex;program/volunteer development and community relations. Key Accomplishments: • Remodeled existing Healthy Lifestyle center (health/fitness/aquatics)increasing membership by 975 FTE in the first 18 months while maintaining an association high 72.5% retention rate. • Reduced branch operating debt by$160,000 while growing the total branch revenues by 24.5%over three years and a balanced budget($50,000 surplus). Executive Director April 1993 to December 1998 YMCA of Metropolitan Los Angeles,West Valley Branch,Reseda,CA Major Responsibilities: Total branch operation;fiscal control; financial development;staff development;program/volunteer development;community relations. Key Accomplishment: • Conducted successful capital campaign of$5,000,000(all sources) to rebuild YMCA facility destroyed in the 1994 Northridge earthquake. • Increased operating budget from$770,000(1993)to$2,400,000 (1998). • Produced operating surpluses eliminating a$240,000 combined debt(1993 to 1998). • Successfully added 4 school based childcare centers and a roller hockey facility. Transportation Broker May 1990 to April 1993 Allen Lund Company,La Canada,CA Arranged for the transportation of freight to destinations across the country, negotiated rates,monitored drivers and handled disputes. David G. Powell Executive Director February 1987 to May 1990 Channel Islands YMCA,Santa Ynez Valley Branch,Solvang,CA Major Responsibilities: Total branch operation,fiscal control,financial development,staff development,facility management,program/volunteer development,and community relations. Key Accomplishments: • Started a new YMCA from inception,including recruiting a board of managers,securing start-up funding,producing programs, recruiting and training of staff and volunteers, establishing strategic links to community leaders and government agencies. Associate General Director May 1985 to February 1987 Glendale Family YMCA,Glendale CA Responsible for the operation of the YMCA's year-round camping facility on Catalina Island(Camp Fox). Major areas of focus were facility management and development,program development,staff and volunteer relationships(recruiting and training)and financial management. Interim CEO April 1982 to May 1985 Burbank Family YMCA,Burbank,CA Overall administration of YMCA full facility operation with emphasis in fundraising, capital development,facility management and delivery of programs. Successfully balanced budget(first in more than 5 years) Successfully raised$750,000 for the construction of the YMCA Child Development center. Also responsible for the YMCA's 470-acre Camp Earl-Anna in Tehachapi,CA. Program Director September 1978 to April 1982 Crescenta-Canada Family YMCA,La Canada,CA Major responsibilities included supervising all camping programs,youth sports,teen programs,Youth&Government,Christmas tree operation and assisting in the Annual Support campaign. Military Service—Sergeant(E-4) October 1973 to August 1976 United States Air Force,Vandenberg AFB,CA and Galena AFB,AK(Honorable Discharge) EDUCATION California State University Northridge,Northridge,CA Graduated June 1981 Bachelor of Science(BS),Recreation and Leisure Management Springfield College,Springfield,MA Graduated August 2001 Masters of Science(MS),Organizational Management&Leadership, School of Human Services PROFESSIONAL YMCA Senior Director DATA Certified Faculty(YUSA),Program Management and Group Work(LTP Modules) Pacific Region Vice President(elected),APD 2003 to 2005 President,APD Chapter 81 (elected)Pacific Southwest region 2000 to 2002 YMCA of Metropolitan Los Angeles,Executive Roundtable(7 years) YMCA of Metropolitan Los Angeles,Website task force,Chairman YMCA of Metropolitan Los Angeles,Business&Technology task force,Chairman YMCA of Metropolitan Los Angeles,Property Management cabinet YMCA of Metropolitan Los Angeles,Camp committee David G. Powell YMCA of Metropolitan Los Angeles,Older Youth Program Dev.project team YMCA White Ragger Graduate of the Dale Carnegie Course COMMUNITY Volunteer,Alisa Ann Ruch Burn Foundation's summer camp for burn survivors INVOLVEMENT Santa Clarita Valley Rotary Club Board member for the Santa Clarita Valley resource center Chairman of the Santa Clarita Valley Non-Profit Leadership Council Member VIA(Valencia Industrial Association) Member Santa Clarita Valley Chamber of Commerce President of Canada Hills Community Association,Village 20 Graduate of Greater Tucson Leadership,2004 Chief Operating Officer YMCA YMCA of Metropolitain Tucsot 60 W.Alameda We build Tucson,Arizona 85701 strong kids, Phone: (520) 623-5511 ext.24 strong families, Mobile:(520) 631-7904 strong communities. Fax: (520)624-1518 E-mail: davep@tucsonymca.ori 4 • '_. �y R 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 STPrO FL --P f N Last / 0C-Q 0A-Lc sY Home Phone '�- Business Phone Email Number of Years in Oro Valley 3 (Must be a resident of the Town for 1 year). Signature RA\KDate LC 2 - Please indicate the board or commission you wish to join: VS a F j-— B— PC 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.) V`S I ti c Sl GCS d`t - C t T`< OF- Pk(O vS N Qc 6-0.1-1\1-t A N G 1,°rN GE P�- -N v�G cO tr-t ri t 1T.0 S - 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-A-1 Pr t tZ G-cD c t CI 0E-- PH C)e N t )( co t't rt t -TES t -o•� c o rt S S L a rJ S . (1 \ JOUc.-t) (l Kms. Tc) S_c•zvE FO i UCLE uSte. O 1=-- nc n_ \3‘Eu C3oA 0 Have you attended the Citizens Planning Institute? N U Are you willing to attend? 7 -S Briefly describe your educational/vocational background. S C. l! • IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforoval ley.com 01/03 Bertrand Stanfield-Pinel SUMMARY: Over Thirty years in the corporate commercial real estate development and real property asset management business in the US and abroad. Corporate officer and/or director for numerous corporate entities owned by absentee owners both foreign and domestic. Successful ownership/debtor representations in many Debtor-in-possession reorganizations, multiple experiences as Court appointed trustee, expert and receiver. Presently engaged in the creation and operation of importer/distributor company, of proprietary Italian coffee line and espresso machines. EDUCATION AND CREDENTIALS: Bachelor of Science(EE),Worcester Polytechnic Institute(WPI) (1972) Licensed Real Estate Broker-State of Arizona Private Pilot, Multi Engine Land-Instrument Rated ALEOAC/POST Certified Peace Officer, 1991 ACCOMPLISHMENTS: Sole management responsibility for over$100 Million in Real Estate Assets and $50 Million of commercial development projects. Asset manager and corporate representation of over 100 legal entities, both foreign and domestic. Manager of full service Real Estate corporation with over 30 employees. Served as founding Director of national charter AZ bank, rated as top15 in US in performance. Served on numerous City of Phoenix Commissions and committees ranging from Water Commission, Sister Cities Commission and many long range planning committees. Director of medium size integrated corrugated manufacturing and conversion companies during IPO phase. WORK HISTORY ANDA IES: Easypods,Inc.and Easy Calle,Inc., Phoenix,AZ 2000 to Present Principal and President of coffee importing and distribution company specializing in espresso coffee and related machines. Owner, importer/distributor of Easy Caffe line of Italian coffee products. US Importer and distributor of French espresso machine line. Stanfield-Pinel Associates,Inc., Phoenix,AZ 1986 to Present Principal and Designated Broker of real property asset management company specializing in consultation, acquisition,asset and property management of U. S. real estate investment portfolios owned by institutional and private,domestic and European owners. Feau Realty,Inc.,Phoenix,AZ 1978- 1986 Vice President/General Manager of a European-oriented investment and development firm. Feau Realty was originally the U.S. subsidiary of a leading Paris-based real estate company(D. Feau S.A.), dealing primarily in commercial and multi-family properties. Harrison Freedman Associates,Dallas TX 1977 to 1978 Assistant Vice President of firm specializing in the acquisition and management of regional and neighborhood shopping centers located throughout the eastern half of the U. S. Personally responsible for property management of more than 1.5 million square feet of retail space in five states. Also, responsible for all pre-acquisition marketing and technical inspections. S.I.I.B.E.L.A.Sarl, Paris, France 1973 to 1976 General Manager for French development company owned by the offshore subsidiary of Arlen Realty(N.Y.S.E.)which developed large vacation housing projects on the French Riviera (Nice and St.Tropez). Responsible for all development and local sales for French projects. Papeterie de Chateauneuf la Foret&S.E.C.O.P., France Director of integrated corrugated manufacturing and conversion companies headquartered in France. Founders Bank of Arizona,Scottsdale,Arizona Founding Director, Member of Executive Committee. City of Phoenix,Arizona 44th Street Corridor Specific Planning Committee,Chairperson. Phoenix Sister Cities Commission, Member. Grenoble Sister City Committee,Chairperson. City Water Commission, Member. Hohokam Parkway Citizens'Advisory Committee, Member. Special Liaison Planning Committee, Member. Commercial Zoning Category AdHoc Committee, Member. Camelback East Village Planning Committee, Chairperson. Bertrand Stanfield-Pinel LAW ENFORCEMENT C.V. SUMMARY: Over twelve years in law enforcement with the Arizona Department of Public Safety as a sworn reserve officer. After dedicating nearly five years of full-time road activity, was promoted to the Criminal Investigations Bureau. Received a wide range of criminal investigation training and worked and initiated cases in various fields, ranging from liquor/vice, narcotics to conspiracy/fraud cases. Brought financial and business expertise support. ACCOMPLISHMENTS: Received major commendations and promotions throughout career. Received training and certification as a Drug Recognition Expert. Worked on high profile cases in most sensitive areas of the criminal world. WORK HISTORY AND ACTIVITIES: AZ Department of Public Safety, Criminal Investigation Bureau 1996 to 2002 Criminal Investigation Sworn Reserve Officer assigned to Central Operations. CIB assignments included, General Investigations, Major Violators/Conspiracy, Narcotics, Computer Crimes and Liquor&Vice. AZ Department of Public Safety, Highway Patrol Bureau 1991 to 1996, 2002 to Present Highway Patrol Sworn Reserve Officer assigned to the Phoenix Metro area and then Tucson District. Maricopa County Sheriff Office 1991 Sworn Reserve Deputy Sheriff assigned to Cave Creek-Carefree-New River Area. Maricopa County Sheriff Office 1990 Deputy Cadet while attending Glendale Community College ALEOAC/POST Police Academy. DEGREES AND SPECIAL TRAINING • High School Diploma,Trinity Pawling, Pawling NY, 1968 • Bachelor of Science/Electrical Engineering, Worcester Polytechnic Institute, MA, 1972 • Licensed Real Estate Broker - State of Arizona • Private Pilot, Multi Engine Land - Instrument Rated • ALEOAC/POST Certified Peace Officer, 1991, Glendale Community College, Glendale, AZ • Horizontal Gaze Nystagmus Technician Certification, AZ Court of Appeals, 1992 • Advance Highway Drug Interdiction School, Laughlin, NV, 1992 • Drugged Driver Detection Workshop, Tempe Police Department,Tempe, AZ, 1992 • Long Rifle Training and Certification, Buckeye, AZ, 1992 • DPS Traffic Radar School and Certification, Phoenix, AZ, 1993 • Pre-Drug Recognition Expert School, Phoenix Regional Police Academy, Phoenix, AZ, 1993 • Drug Recognition Expert School, Chandler, AZ, 1993 • Drug Recognition Expert Certification (IACP #3490), Phoenix, AZ, 1994 • Title III, Wiretap School, Phoenix, AZ, 1996 • DPS Basic Investigator School, Phoenix, AZ, 1998 LAW ENFORCEMENT AWARDS AND RECOGNITIONS • Honors, Glendale Community College Police Academy • DPS Reserve Officer of the Year, District 17, 1991 • DPS Metro Phoenix Officer of the Month, September 1992 • DPS Reserve Officer of the Year, District 5, 1994 ... 1..,'N I 1a �r• : T:,f' t I '11,J1?r V IA? ORO VALLEY WATER UTILITY COMMISSION APPLICATION Prospective Oro Valley Water Commission Members: Thank you fory our interest in the water planning and service activities of the Valley Water Utility Commission. The volunteers who are appointed to the Commission will be joining a group of citizens dedicated to assuring a permanent supply of the best quality water available forP resent and future generations. Commission Cmission and its subcommittees will meet once or twice a month dealing with the basic fundamental issues including those in the checklist below. Please PP complete this application and return to the Town Clerk's Office, 11000 N. La Canada P Drive, Oro Valley, Arizona, 85737-7015. Name / LLSTlSWJ Vki i ALS TO A - Last First Middle Home Address / ; 48'S 7 3 7 Business Address Home Phone /').— — ' Business Phone Set- &-I-44.- FAX Number of Years in Oro Valley 3 4/4//6 5 Signature Date Please check the Water Utility Commission activities in which you would be most interested and a short statement of why below the checklist. Water Utility Commission Capital Improvement Program X Budget Review and Recommendations Revenue Requirements and Rate Adjustments q System Development Water Resource Development x Information and Education State & Federal Legislation Regional Water Issues .1! -c / • r �.r� X,�t_`_. -�•.,.s ` p wcodmod.appi6.96 ORO VALLEY WATER UTILITY COMMISSION APPLICATION 2 Please list other community, civic, professional, social, educational. cultural or athletic organizations you have been affiliated with, length of time, any office held, and any achievement in those organizations you feel are noteworthy. E g/9, iggi.4-g 2- es;ti. • t • I r � � ,e" 7/fr*)4.4..gt....tj e31",tom I2?7 l� lo7 -51 Apr,.; ',IA,' , What do you consider your highest responsibility, skill or achievement; professionally and/or personally, and why? L %' `, ,I • __AI e4. . 1 .40" AP, ofir y imal. e • a, • wcodmod.app/6.96 ORO VALLEY WATER UTILITY COMMISSION APPLICATION 3 EMPLOYMENT Please listP revious employment. List your last or present employment first: Dates of Employment Company Name & Address 1. jelbit-6C Ae-, 41e._ Wel g , Pr;ifeje-- ne-A. /C)/ iq • 3. 4. List Position & Job Description in numbered order as listed above. e-# t."--keZ-2-eie-/ --14 1 . wcodmod.app/6.96 ORO VALLEY WATER UTILITY COMMISSION APPLICATION 4 EDUCATION Briefly describe your educational background: Institution/School Degree Received o /00)/71--a..44.-ez.,r?y-1L0 (2-141 u .5) m cip Area of Study in numbered order as listed above: Other fields of study, professional institutes, training program, etc.: ��--�-< < c.�, / Hca�e.t c.l P /ar,,e/qv IF DESIRED, FURTHER INFORMATION MAY BE ATTACHED wcodmod.app/6.96 C • 0 (G) P�HOED�1a ORO VALLEY BOARD/COMMISSION APPLICATION Dear Oro Valley Citizen: We appreciate your interest in the Town of Oro Valley. Enclosed is an informational form which p when completed will allow us to quickly process your application. • optional, your supplyingthe information will greatly assist in While the information asked for is opts experience and background to allow the best possible use of your an understanding of education, p --willing provide which you are so kindlyto to the Town of Oro Valley and for which we thank you. Please return to the Town Clerk's Office, 11,000 N. La Canada Drive, Oro Valley, Arizona 85737-7015. ,-' Diz eName A 1 ,. I� Last First Middle c�S Home Address OA VA-I ley 4-7 7?7 Business Address /10-7C-)0 L-1-t 60, OiCt V://4 /Ey A? , BS 73 Home Phone inOro e f Number of Years Valley Y YX?3/6_51. )snature ' D Please state which board/commission you wish to join and why. iiLi74-T?--re CO ill m r S S/v n/ Please list other community, civic, professional, social, educational, cultural or athletic organizations you have been affiliated with, length of time, any office held, and any achievements in those organizations you feel are noteworthy. 0 you consider do e • r your highest responsibility, skill or achievement: professionally and/or personally, and why. il- . .►d A` ,4ivQ 7- , <<« In C Ar." 4.y tiv5e.e/eitv Mt/ i ;TVA1.N �,,,�,,E? &.,r „ ESS�' 41D awl I A /01-1/,f' •a: .r A.....4. k NI S igi 6711_____LiE (c'ai,es-6 ti, ( 3e- w ., EMPLOYMENT Please list previous employment. List your past or present employment first: Dates of Employment Company Name & Address w 1. --1ANI L 0S-- 1-41 L_zrb N ero v\JO ut 1 57-4 DO e ibs-so. (A CANA-b A tk:1-c_SofQ 4557; 2. E.-02-2-92; AA N 05 ;17frim,',vi ek-r4:44--j.6:.C.. . 7:1 f366 N.745-km ewc-il biZ C=1._V e Cleii28S7: 3.1&_. pit A--s,,,I____ _____. - - . ---_---- _ t - PEg oz eek I bIAN m/4J lextvc a c.0., 4 ryitAt . 98.: pe-T3.0 I tKeo 0 -..C. 5cu - D. - _ - Z} 5. (List PositionP& Job Description in numbered order as listed above) ri14/ovi-&-iverAfeE - Aa 661F e 4=L--u ryo_s` /914/Acr67Q,ct-rf c e- .2.Cis Ic CaAeSe A.-5K 9-- c r� r - 6, IF . s •les - --e t - sr _ Y. 6..____-21LILL:,,i 4 s 6. ivr-&-r(DeN I- i)i-___117_:§2_4 if (1-1..pe‘..,_-.__ _)7e-g__. /e5c2Z ---i--\/ q Ass, 5 im---P-, T 54-va 00 i iv"7-61,-il -e-41-- - 455 i ST i"" e-:?4 lic Cc 3 1 4,/ei C O bn' S . EDUCATION Briefly describe your educational background: 7tiInsSchool Degree Received 1. t 2. 3. 4. 5. Area of Study in numbered order as listed above: Other fields of study, professional institutes, training program. etc: , IF DESIRED FURTHER INFORMATION MAY BE ATTACHED 3 DOC\APPFORM.KE010/96 tri;{it: .;,i:•::',;:`;;;:ti:;;;::i:?ii:;;:::;.::�e:A:g'C:ise.::j:::::.%yc;: 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. NametiN `, Last �., _ Home Phone Business Phone Email . cySignature ~--- Date `2.` r Ac\\i zocPlease indicate the board or commission you wish to join: . l Coo ,- .-e' 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.C.›,),4-\*Nt" %-•\,-6j- -?D 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 Bo rd or Commission for which you are applying. "\IN Via:.s )cdS i c fv,1 r oVe_c . ` .- \o-Qt.. arc) v. 1/4,A)C,AN A-0 CV-NCA-R.. _ C3 t...) e- Haveyou attended the Citizens Planning Institute? 0 Are you willing to attend? — ' � h Briefly describe your educational/vocational background.QD ry-k.o5N- c,c) r\r‘..1 CCI Or% Nj \,) 46. \c7cNi`e--- ct S y IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforoval ley.corn 01/03 Kelle Maslyn Tucson AZ 85742 Enclosed is my application for the open position on the Water Utility Commission for a Countryside resident. I have lived in Countryside for four years and have been serving on the Countryside Villas HOA board for 3 years. I look forward to the opportunity to hearing from you about this appointment. Sincerely, Kell Maslyn .,-----' ' ,,,--7: ..;.,',..-aL:,-,,i,1 '1,::1'2., 70") (? ) • � 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 pp 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. data will greatlyassist us in understanding how we can best use your talents and experience. Your supplying this 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. i, "-hi: Name �, d (9 - � io� ' Business Phone Number of Years in Oro Valley (Mustbe a resident of the Town for 1 year). -t, �Signature : 7e4el/^. , ,IL- , Date /CV') /.1 y z Please indicate the board or commission you wish to join:in: 1 / 6 I I ,7 (0 1•1-1 in-i;..ifi(-)0V Please list your volunteer services in Oro Valley and with other organizations including any boards or commissions on yAich you have served: (board/co 'ssion,civic, ducational,cultural social,etc) r r 0 ii 114"",--11--- cf 9 IA•41-4 e,, -7 /71/Th/1 e. 6.--e ff--- C.-,-,4)/-,,,i-e i 4-z.,-7- - / 1 1 I ( (L. — 13--,9 4; ,/,P,„...74 (--)A 4:-. , ,,,, ,. ,..,. ,. , c 7-ti,, a-,4-7,,e, /0-, ,,,,,,..x._. e-(..._,./ ,42 r i n,--; r /p a ' ,! ., r fir ./ qy� s „, ��" to M l C 1" e I ��T'1 fr It/ 4 Alle- C jy,/. ,�� C i/ ,� at, .sem.. /C 48 / '"C •`C/r L• 8,., �.Gy i ii C i / cI .n/i frV 4:41 Sj �1� ��� � °'��- •� i � nt for which oaf h ve you or the boar or ommission appo)n y How does your pre vios volunteer service prepare e an issue nsidered at a meeting of the Board or Commission for which you are applying. applied? Please descnbc9 _-.�.._..�„ .....4,1' if ci 0 1/1.; e_ef.1 r ti e ,)e t /./-; 0- '.7 t:',"' '71-5 A I 1 _,,,,/ /4„) - rk.,..g- j'--i---4,-1--k- c-ei , c i 2-ti.;*--1,6,- a 47-7 1--./ 4-7i,- /-- r 61./,'4/4_) -4;''''''e fg-t-e.4:174' r ki. 6-1/1 /i 44 i-vor-ei:4- 6,,, Tannin Institute? kilt) Are you willing to attend? i-e Have you attended the Citizens Planning Briefly describe your educational/vocational background. € a c..--C io-, ,, ...- 44 et U J /?ii- c I e.: 4.4. I-11-4f ,-e- /i't 7.1 4'/I r‘i 1,/ 0 c9i117: 17, „--: i r_ ,4 j___ ....... a t ( , (,-----r) ( r C 0 i.,,,,--1--<_ 4...., ..e ,-- i pi,11-t?"-i# 0,,,,,7 Co z I/i.-(2---1 I IF DESIRED,ADDITIONAL INFORMATION MAY BE ATTACHED www.townoforovalley.com 01/03 HAROLD C. VAUBEL CHCS Tucson, Arizona 85752-9308 ' � ( OBJECTIVE To gain a broader knowledge and experience in fine turf management. To provide the best playing condition within the defined golf course budget. EDUCATION GCSA Seminars: Design, Construction and Renovation for IPM Spanish for Golf Course Management I Employee Safety Training Options and Their Application in Pest Management Lake and Aquatic Plant Management Personal Stress Environmental Considerations in Golf Course Management Introduction to Integrated Pest Management Insect Pests on Golf Course Trees&Shrubs Golf Course Restoration, Renovation & Construction Von Hagge Golf Course Design Union Relations Irrigation Principles II CPR Managerial Productivity Golf Course Construction Management and Grow-in Graduate of the University of Arizona, 1974 B. S.with Distinction in Agronomy EXPERIENCE TALEGA GOLF CLUB SAN CLEMENTE,CALIFORNIA 1999 to 2001 -Construction Manager/Golf Course Superintendent *Involved as construction manager overseeing the construction of Talega Golf Club *Coordination with the golf course developer, golf course builder, golf course architect, and sub- contractors *Involved with all phases of construction of golf course and landscape features, including selection of the irrigation system and all agronomic decisions related to turfgrass and soil conditions *Preparation of capital budgets for equipment selections, grow-in (maturation)and operating budget *Preparation of job descriptions for the golf course staff *Design and review the function of the maintenance shop and site plan 9,000 sq. ft. building *Review and recommend changes that affect the agronomic and specifications to the golf course (soil/water/turf) *Construction budget of$19,000,000 for the golf course,grow-in budget of$1,600,000 until opening HGM!CONSULTING OCEANSIDE,CALIFORNIA 1999 to 2004-Owner/Manager Consulting specializing in the golf related field, golf course acquisitions,owner support,working drawings, construction management services, renovation/upgrade facilities, and site visit reports. HIDDEN VALLEY GOLF CLUB CORONA,CALIFORNIA 1996 to 1999 - Golf Course Superintendent / Western Regional Agronomist for Kemper Sports Management Involved with all phases during the construction of the golf course, landscape features, including selection of the irrigation system and all agronomic decisions related to turfgrass and soil conditions. *Preparation of Capital budgets for equipment selection, injection systems, and maintenance shop set-up *Preparation of Grow-in (Maturation)and Operating Budget *Preparation of job descriptions for the golf course maintenance staff *Staffing requirement and selection of key staff employees for golf maintenance *Review and recommend changes in the function of maintenance shop and site plan *Review and recommend changes that affect the agronomic needs of the facility(soil/water/turf) *Review and recommend changes in Specifications of Golf Course Development and Operations Plan EAGLE CREST GOLF CLUB ESCONDIDO,CALIFORNIA 1993 to 1996-Golf Course Superintendent Responsible for the direction of a 17-man maintenance crew in all operations of this 18-hole golf course. *Communications with developer on improvements to golf course/development *Plan short and long term goals *Residential and ground cover slope maintenance *Update irrigation system to computerized Toro Network 8000 *Budget of$895,000(1995) LA COSTA RESORT&SPA CARLSBAD,CALIFORNIA 1990 to 1993-Golf Course Superintendent Total operations consisting of two 18-hole golf courses, two grass tennis courts, a driving range and golf school complex on 290 acres. *Host of Infiniti Tournament of Champions, 1990-93 *Renovation/rebuilding greens to USGA specifications *Review and recommend changes in staffing needs, job descriptions, irrigation needs, and equipment usage *Administration of 1990-93 Capital Expenses and Operating Budget *Plan short and long term goals for the golf course *41-man maintenance crew including 3 construction workers *Budget of$2,200,000 (1992) EAGLE CREST COUNTRY CLUB ESCONDIDO,CALIFORNIA 1989 to 1990-Golf Course Superintendent/Consultant for Signal Landmark Involved with all phases during the construction of the golf course, landscape mounds, including staking of the irrigation system and all agronomic decisions related to turfgrass and soil conditions. *Preparation of Capital and Shop Equipment Budget of$499,950 *Preparation of Grow-in(Maturation)Budget for 1990 *Preparation of job descriptions for the golf course maintenance staff *Staffing for golf course operations on 155 acres of facilities *Review and recommend changes in the function of maintenance shop and site plan *Review and recommend changes that affect the agronomic needs of the facility(soil/water/turf) *Review and recommend changes in Specifications of Golf Course Development Plans (Green/Tee/Fairways/Landscape/Irrigation System Development and Quality Control) TOURNAMENT PLAYERS CLUB AT PRESTANCIA SARASOTA, FLORIDA 1988 to 1989-Golf Course Superintendent Total operations consisting of two clubhouses, tennis complex, and 36 holes on 300 acres. Responsible for the direction of a 35-man maintenance crew in all operations on the golf courses. Overlooked the installation and conversion of the irrigation controllers on the club course. I was requested to transfer from StarPass to Prestancia to work on agronomic and employer/employee problems, which were corrected. *Preparation and administration of 1989 Capital&Operating Budget *Set up the P.O.filing system and records with clean-up of past invoice problems *Build up of staff from 6 full-time employees to a staff of 35 full-time maintenance employees *Review and recommend changes in staffing needs, job descriptions, irrigation needs, and equipment usage *Development of a landscape plan for both clubhouse and tennis court complex. $40,000 in flowers and shrubs *Budget of$1,200,000(1989) TOURNAMENT PLAYERS CLUB AT STARPASS TUCSON,ARIZONA 1985 to 1988-Golf Course Superintendent Responsible for the direction of a 16-man maintenance crew in all operations. Accomplished the complete construction of the golf course, including assisting in staking the entire irrigation system and all agronomic decisions during the construction phase. *Host of the 1987-88 Seiko Tucson Open *Review and recommend changes to the developer and PGA Tour on agronomic decisions, selection of sands, topsoil types,water adjustments, and turf types `Review and recommend changes in the Toro Factory irrigation design plan and adjusted in field to adapt to site *Assist the PGA TOUR and TUCSON CONQUISTADORS for preparation of the 1987-88 Seiko Tucson Open *Budget of$682,000(1987) DESERT FOREST GOLF CLUB CAREFREE,ARIZONA 1981 to 1985-Golf Course Superintendent Responsible for the direction of a 14-man maintenance crew in all operations on the golf course. Completed overlooking the installation of an automatic irrigation system and reconstruction of the sand bunkers. Responsible for the complete operations on the golf course. *Rebuilt the sand bunkers at the same time the irrigation system was installed (in-house construction) *Built a new putting green complex at the clubhouse area(in-house construction) *Plan techniques to renovate the desert areas to native plants and shrubs *Budget of$425,000 (1984) ALBUQUERQUE COUNTRY CLUB ALBUQUERQUE, NEW MEXICO 1978 to 1981 -Golf Course Superintendent Responsible for the direction of an 11-man maintenance crew in all operations on the golf course. Responsible for the repair and maintenance on a fleet of 48 golf carts. Responsible for the complete operations on the golf course. • *Planned short and long term goals for the golf course. *Renovation of the Rainbird Irrigation System by adjusting head spacing and upgrading controllers (in-house change to KCS central and field controllers) *Budget of$207,000(1981) TUCSON NATIONAL GOLF CLUB AND ESTATES TUCSON,ARIZONA 1976 to 1978-Assistant Golf Course Superintendent Responsible for the direction of a 15-man maintenance crew in all operations on the golf course. Responsible for getting the course ready for the Tucson Open. Worked with the operation of the irrigation system. *Trained the employees on equipment usage and irrigation operations(quick-coupler system) *Involved in planning stages and preparation for the Tucson Open *Four years experience of being employed at Tucson National while attending University of Arizona • GOODYEAR GOLF AND COUNTRY CLUB WEST GOLF COURSE LITCHFIELD PARK,ARIZONA 1974 to 1975-Assistant Golf Course Superintendent Responsible for the construction and design of the golf course. Responsibility covered all phases, from the installation of the automatic irrigation system to the preparation and germination of the grass. The course was seeded during the latter part of the summer and opened before December 25, 1974. *First position after graduation from the University of Arizona, having the opportunity to utilize my education and training during the construction of the West Golf Course *Involved with the communications between Jerry Beck, Superintendent; Mr. R. Whitwell, General Manager; and officials from Goodyear Tire and Rubber Company TUCSON NATIONAL GOLF CLUB AND ESTATES TUCSON,ARIZONA 1971 to 1974- Employee Internship work completed at Tucson National. Performed all duties on equipment and irrigation operations. OTHER INFORMATION AND ACHIEVEMENTS Member of 2004 Sports Turf Managers Asscociation CPR 1998 Nominee of the Environmental Steward Award for Hidden Valley Golf Club, 1997 Nominee of the Environmental Steward Award for Eagle Crest Golf Club, 1995 Special Achievement Award from Golf Corp, February 1995 Member of Golf Course Superintendents Association of America Member of San Diego Golf Course Superintendents Association Member of Cactus&Pine GCSA Member of Hi-Low Golf Course Superintendents Association Member of GCSA 1994 Nominating Committee GCSAA Member of Golf Tournament Committee Tucson 1987, San Diego 1993, Austin 1994, San Francisco 1995 Member of National Scholarship&Research Committee 1992-93 President of Southern Arizona GCSA 1987-88 Treasurer of Southern Arizona GCSA 1986 Vice President Cactus&Pine GCSA 1984-85 Board Member of San Diego GCSA 1992-93 USGA Committeeman 1980-88 Board of Directors(Deacon)Twin Cities Christian Church 1992 Elder of Twin Cities Christian.Church 1992-1994 Chairman of Elders/Board of Twin Cities Christian Church 1994 s. Ld'`�.�..i'•''rSwi'wr*M aGd.. .�. ::: : • • Steve Rivera ' •%r�: - •-.eat.^� �'.:-�. :•-- sL:. •. ..- ::: •_ 4•' -;:'-T'�..-'jai:"•• - Oro Valley, AZ 85737 .�. •_ •�r�•,_..",'tri•.. �„'4br/. ► _ ivIarrch 22, 2005 David F. Ruiz Water Utilities Director Oro Valley Water Utility Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 RE: Water Utility Commission Membership Dear David, This letter expresses my desire to continue serving the Water Utility Commission as a Volunteer Residential No. 2 member. It has been a pleasure and an honor to participate in the decision making process on different water issues during the past year. Although I have some shortcomings in areas such as budget and finance I have a very strong technical background on groundwater science and technology. I am looking forward to providing this expertise in the coming year. I am especially interested in becoming involved in the water resource exploration, development, and distribution projects; groundwater conservation programs; and aquifer recharge studies for the Utility. It is my aspiration to work for the Town of Oro Valley at sometime in the future. Again, I wish to be considered for another term and I will be available for an interview at your request. Best regards, . a__.° m s- A R ORO VALLEY WATER UTILITY COMMISSION APPLICATION Prospective Oro Valley Water Commission Members: Thankou for your interest in the water planning and service activities of the Valley Water y UtilityCommission. The volunteers who are appointed to the Commission will be joining a group of citizens dedicated to assuring a permanent supply of the best quality water available g P forP resent and future generations. The Commission and its subcommittees will meet once or twice a month dealing with the basic fundamental issues including those in the checklist below. Please complete this application and return to the Town Clerk's Office, 11000 N. La Canada Drive, Oro Valley, Arizona, 85737-7015. - D, Name V i RL )6 A i1 . Last First Middle _ . C) (Zo veki-a--yi /-i-- t zon, 5-,4- Business Address , o s :n bo'�� �.:� t-E- -f'c),(%� `' -.,...., ....- 24 J y, �`�. ` sa. 7. _S A. o+r.p.^ , e c, .) s c-s c,-. i a —",1 Nom... s -- '`� �� Business Number of Years in Oro Valley 1 .4-- N - --.II4 A .. al 4' 451 '' /iiilli---it A f),„, ) '7/ ,.)-6sCi-S Signature L saga. Date Commission activities in whichyou would be most interested 'lease check the Water Utility c and a short statement of why below the checklist. -,,r Water Utility Commission '( Capital Improvement Program Budget Review and Recommendations Revenue Requirements and Rate Adjustments System Development Water Resource Development Information and Education ::e:3 State & Federal Legislation 1 a Regional Water Iss s ') pf- e/ \-.11=-- Pi.6 c”..... - e,c‘ca- V L.)0 i."'C./...) /11-?...,34 D M w - \, / (5-'4-( 9 0,-..;..p.,,..,,,,,e,..4- 61/4"\-. -\i'.4 i cleid - r e cje,-'1.) rt-,.-Ca( i 403 6t,iLX-1 j''''''e--1/ izI: -..(4 r �, 4.,J6,,-,r h CI S. (A'<-(t)4'1'ej 1'1 Z-4(..<47 g 0.1"- "Ce i''' ' U Cie I 4") c �j �a -� C.,�,,✓ p- 4.40 ).›,..V ). .S"o -- 4J Gc_6) .de `k,td i.,—0...,,,,,,,,....d-t. 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G- wy C.,— p 15:3 rt---ikai.) ' off--c r a -e :�' r-; ; �.' ' ,-) Co - -) Git) (7_fl e„ 6 0 t tVe4..> frt 1(j.„,,„ A a bc- ,..0) lejtt e+.0 6LA,Asr-i=- 0 0- 0-j .4) \ �0 '�+ � 7)0 ak /\' ope ! 'o wcodmod.app/6.96 ORO VALLEY WATER UTILITY COMMISSION APPLICATION 3 EMPLOYMENT Please list previous employment. List your last or present employment first: Dates of Employment Company Name & Addre s -1-7, 1 2 17-0,-, i'q '->7— 0 ik.,--- d-•cf.... --:=3 3. e. 1- r-t h.....) ,...e (c,, i..),7_fp, ,,,d..........---i-t,„ 4. pl,. , ( cs--,,,_.) /0;c......., 11A,...) c..). k., . ., 5. frk (f, ) d z),......v j----j)c...-c t 1...r " l-e) a- - Ult 0— ek c, Le sy. -3-..—„ ./ , ,s--4_, ,„,d_. ,tc (e v ,,L .JV .) cz-,3 ,C,-/-r .31..,,,, L__________ 0 f, , ,--.- C±re4+1? List Position & Job Description in numbered order as listed above. 41 ) ( ( Ce,.., 0 -o, . ...) c)- Pic 42.ic3 — c, --------, I 01- q,...,,...., ,c) , dAT-t5...... wcodmod.app/6.96 ORO VALLEY WATER UTILITY COMMISSION APPLICATION 4 EDUCATION Briefly describe your educational background: Institution/School Degree Received o v i E - •- J+•�' �' lJ'`% j J-- V r►,si t ,X.�: �' iC.^ r Area of Study in numbered order as listed above: ki ocx.)--k •' ~ Other fields of study, professional institutes, training program, etc.: '1...7.) � ' C� �.,,,,,►E , ��1['C'_�. /fit-�� IF DESIRED, FURTHER INFORMATION MAY BEN wcodmod6.1:54e-N wcodmod.app/6.96 C 1:::;71.;A:"': .:.:.':'I.'a':::.:71.:.4:r, JANES D. VIEREGG, Partner -;'.7tari.. .i:'...,..-,-.51405. . t"'''''.:1,-.'.,c4-'7,:1;,-----..0:: r, • l_ ---7-...7. ";7=T: , '`' '''''-'"'d,--9 .•�W 3 * $`c Phoenix Office: .�'�''_ ..; ....'`!4-t--..rLfT. : _ _ •; : ,.r. ( ic:VF":' -.21".t.':..., - .7 Practice Emphasis: Environmental Law Litigation • Legislative Issues . Education: J.D., 1972, Creighton University School of Law BA, 1967, Universityof Arizona; attended Hastings College. Practice Experience: private the past ten years, Jim has worked in the sector, representing a broad spectrum of business clients in matters arising. ' ing under federal, .state and local environmental laws. He has worked with Fortune 500 corporations; regionalcompanies; lending institutions; owner-operated businesses; and individual land owners. Prior to 1988, he worked in the governmental sector on both the federal and state levels where he le knowledgeexpertise and contacts on environmental regulatory matters. developed lnvaluab g From 1982 to 1987, he served as Senior Environmental Counsel for the Arizona Attorney General representing the Arizona Dep al talent of Environmental Quality and other state regulatory agencies on environmental matters. Priorthat,to he served as Enforcement Counsel to the United States Environmental Protection Agency(EPA Region VII).Jim is admitted to practice in Arizona and Nebraska. Professional Activities: Co-Pounder and Past Chair (1986-1987) of: ▪ Environmental and Natural Resources law Section of the State Bar of Arizona Member of: • ▪ Arizona Chamber of Commerce, Environmental Committee, 1988-Present a Arizona Association of In diistries, Environmental Legislation Advisory Group, 1991-Present • a (Arizona National Federation of Independent Business Chapter) Executive Council ,fre a State Bar of Arizona, Environmental and Natural Resources Law Section, 1985-Present STINSON MORRISON FFECICER • • Government and Advisory Boards: a Selected by Arizona Governors Fife Symington (Rep.) and Jane Hull (Rep.) to serve on the WQARF (State Superfund) Advisory Board (1997 and 1998); and by Arizona Governor Bruce Babbitt(Dem.) to serve on the Water Quality Advisory Board which negotiated and drafted the Environmental Quality Act of 1986 a Member of Arizona Environmental Law Manual Advisory Board Awards: a Received "Award of Outstanding Contributions and Achievement in the Protection of Arizona's Environment" from Arizona Department of Environmental Quality(1987) and "Award of Superior Service" from EPA Administrator Douglas Costle in connection with litigation work arising under the federal Clean Water Act(1977) Publications and Speaking Engagements: Jim is a frequent speaker and lecturer at national, regional and local environmental conferences attended by environmental consultants and engineers, government regulators, and attorneys, and at business and industry conferences which address environmental issues. Some topics Jim has addressed include: a Arizona's Superfund Law a- Buy Low/Sell High a Dealing with the State Regulators under Arizona's Superfund Law a Defense of Hazardous Waste Cases a Foreclosure, an Environmental Hazard? a State&Private Civil &Administrative Enforcement of the Environmental Quality Act of 1986 The Other Superfund -Arizona's Water Quality Assurance Revolving Fund a Your Information is in the Hands of the Government:What Will Happen to It and You? is also the author of numerous articles published in environmental, legal and Publications: ]lm business journals. Several of his articles have been cited as references in Arizona Revised Statutes. These articles include: f; a Brownfield Cleanups Yield Tax Benefit, Arizona Business Gazette a Citizen Suits,Arizona Environmental Law Manual, published by the State Bar of Arizona a Enforcement of Environmental Laws in Arizona, Arizona Attorney STINSON NIORR.ISON HECKER • Environmental Crime Now Means Prison Time,Arizona Attorney ■ In Atonement for Past Sins: A Case Against Joint Liability Under Arizona's Superfund Law, Arizona Business Gazette • Lender Liability under Federal and State Superfund Laws, Blue Chip Weekly : NAFTA and the Environment, Report by the Arizonatlexico Commission _ • Ten Do's for Managing Environmental Matters,Arizona Business Gazette ■ Advisory Board Partners with DEQ, Arizona Business Gazette ■ Bipartisan Support for WQARF Bill in Panel,Arizona Business Gazette a Hull OKs Superfund Law Amendment,Arizona Business Gazette • ADEQ Restitution Bill is Now Law, The Business Journal a New Law Helps Small Business, Arizona Capitol Times • Legislature Holds State DEQ Accountable,Arizona Business Gazette ■ Congress Considers New Arizona Superfund Law, The Business Journal • Contaminated Land Presents Opportunities, The Business Journal Benefits Provided to Clients Jim's broad. expertise and extensive experience in both the governmental and private sectors translates into direct and tangible benefits for clients. Relationships with Government Regulators. Jim has mutually respectful and cooperative relationships with government regulators and a first-hand working knowledge of the environmental agencies' policies .and procedures, enabling him to understand and advise clients on achieving favorable agency decision-making. Understanding of Regulatory Strategies. He also has an in-depth understanding,of the litigation and settlement strategies used by government regulators and a resulting ability to structure approaches and settlements that meet the needs of both business clients and the government. Use of Legislative Process. Jim; has a first-hand familiarity with an in-depth understanding of the legislative process, together with a willingness and ability to use the legislative process, when necessary, as an effective and viable.alternative to resolving disputes with regulatory agencies - an alternative that can be considerably less time-consuming and less costly than prolonged litigation. Creative Solutions and Zealous Advocacy. .He is adept at formulating creative solutions to difficult problems; capable of building support and coalitions - in both the public and private STINSON MORRISON HECKER sectors - needed to implement such solutions; and is a tenacious and zealous advocate for his clients, even in the face of strong opposition. Representative Engagements in Environmental Law Regulatory Matters: • Presently serving as Counse o .e Western a r7deane - .1 • +n•er-rs ' sod-a-don. and to the Arizona Water and Pollution Control Association for the 19974998 Arizona legislative calendar with regard to environmental issues. b • Following successful efforts to reform Arizona's Superfund Law (see below), negotiated the first Following "qualified business settlement"with the Arizona Department of Environmental Quality on behalf of a small business owner. • Obtained successful closure of an investigation of an aeronautics parts manufacturer at a major state Superfund site in Tucson, which, prior to his involvement, had been ongoing for nine years. ■ On behalf of a large Sedona, Arizona resort,was successful in settling threatened enforcement b • actions by the state environmental agency and in obtaining lack of prosecution of a citizens' suit threatened by a private party.The expeditious resolution of these environmental issues, in less than three months, enabled the client to meet a bankruptcy court-imposed deadline for confirmation of a reorganization plan, which has since been successfully implemented. ■ Represented a national real estate development firm with extensive Phoenix holdings in successfully opposing o osin the siting of a solid waste landfill by a national hazardous and solid waste disposal company on property adjacent to a major development site. • Successfully defended administrative and judicial challenges to an aquifer protection permit issued to a mining company by the Arizona Department of Environmental Quality; and p successfully defended the Arizona Department of Health Services in a challenge by the Arizona Chamber of Commerce to the ADHS groundwater permit regulations. Environmental Litigation: ▪ Retained by Democratic Governor Rose MMMofford as the State of Arizona's outside r environmental litigation counsel in connection with the highly-publicized ENSCO hazardous g waste facility matter, and continued to serve in such capacity under Republican Governor Fife Symington. • • citizen suit brought in federal court by ■ Obtained dismissal with prejudice of a Clean Water Act citzenb the Atlantic States Legal Foundation,thereby preventing the imposition of substantial judicial �1 b civil penalties. • Defended an Arizona trucking company in a criminal complaint filed in Justice Court by Maricopa-c.opa County in connection with alleged violations of the County's air quality regulations, and obtained dismissal of the case. STTNSON N1ORRISON BECKER ▪ While working in the governmental sector, defended Governor Bruce Babbitt and the Arizona Department of Health Services in the first federal Superfund suit filed in Arizona and was successful in achieving dismissal of all alleged statutory violations; negotiated on behalf of the Environmental Protection Agency the first$I million environmental enforcement settlement; and represented the EPA in one of the first federal criminal prosecutions that went to trial. Environmental tion. ■ Instituted successful regulatory reform of Arizona's Superfund law(WQARF) on behalf of business clients through legislative work on H.B. 2458 (1996), H.B. 2114(1996), S.B. 1452 (1997), S.B. 1348 (1998), H.B. 2643 (1999) and S.B. 1349 (2000). The reforms abolished WQARF joint and several liability,replacing it with a several or proportionate share liability scheme; instituted WQARF qualified business and financial hardship settlementq; required the Arizona Department of Environmental Quality(ADEQ) and the courts to consider the economic impact on a business prior to the occurrence of ADEQ WQARF allocation proceedings when deciding the appropriateness of an ADEQ WQARF cost recovery demand; and provided a more liberal WQARF no further remedial action standard for site groundwater impact. Mr.Vieregg vigorously undertook the reform work after seeing the adverse effects and hardships that businesses were experiencing under Arizona's Superfund Law, a law he had helped to shape and draft while serving as a legal advisor to Governor Bruce Babbitt. Mr. Vieregg was also the lobbyist who achieved passage of SB. 1348 (a major regulatory reform law).S.B. 1 348 authorizes any person or business to recover all reasonable fees and costs from the ADEQ when the ADEQ has undertaken an action (decision, inspection, investigation or entry of private property) that is adjudicated by the Office of Administrative Hearings to be arbitrary, capricious or not in accordance with law. Instrumental in the repeal of the Water Quality Citizens' Suit Act on behalf of several business clients, a law which he originally drafted while working in the governmental sector. STINSON MORRISON HECK{ER vy rt JON KYL CTATt;orsiam A++CZOnn 2200 EAST CAMELB CX ROAO • 702 H.&T Si.q.ATt Oc:►c;BUILDINGSU1TL 120 • (202)221-1521 rroGHfx.AZ 66014 1aiiitE ta`Es r*- EnatE laC2f wwu—tWt 73115 NORTH OPtdC. RUAO :;!•, •;UOICIARY SUill 220 trvT�t IGC, C_ WASHINGTON,DC 20510-0304 rvcz.oN,.z 0.704 Gr Zit ENERGY AND.LATURA.RESOURCES May l6, 1996 (5241 575 8611 '` The Honorable John Chafee ., 505 Dirkscri Seatc Office Building Washington, DC 20510 • Dear John: • c i m I awell aware of the cflvrt you and your committee have made to construct a tc reauthorization of the Superfund law, Like so many others,-1 would like to see comprehensive reform -- that results in actual site clean up. The state of Ar iinna had the same goal, and recently amended its hazardous waste site cleanup law. I have encic3 cx1 a copy of Arizona's new law, drafted by a noted environmental attorney,. Mr. Jim Vieregg. The law retains strict, several, and retroactive liability but adopts reforms designed to improve fairness and ensure that funds expended under the program are used for cleanup rather than litigation costs. Joint liability is eliminated in an attempt to ensure that cleanup costs reflect each individual's contribution to the contamination. Several provisions, including those emphasizing de minimis*settlements, those providing for :•-:, consideration of financial capability during apportionment those liriiitin;joint liability, and thosc providing administrative review opportunities to ensure parties receive due process, could all be useful :,..�' in =forming federal Superfund taw - '' . • . y,Lit .��'`1' thoughtyou might like to review the Arizon• aapproach to solvingthis problem.. 1 realize I 8 g that you are quite far along in your d.eliberat.ions, but I hope that this material may pro'c uacful as you ,•�`'� continue your work on reauthorizing, the federal Superfund law. Sincerely, • zt. 91.4) ,(0111\0....-..... JON KYL .4.• United States Senator ;ir;:, >>y .tK:cd `.ti" cc: Members of Environment and Yublie Works Committee • Enclosures I MAY-20-2002 MON 04:01 PM 222 FX N0, 000000 P. 02 JOl IN SI IADEGG � COMMi1 EES: 4 WIG f,Atii/lINA ,. ,.,,' � _., ENERGY AND COMMERCE WASHINGTON,DC OFFICE 114 FINANCIAL SERVICES 32 CANNCIN I40t1::C 0111C:BUii PINn WA 1IIl4 FON,IAC 20515 lf;" (2071 225-3301 RFPIJRI IRAN STI.MY COMMITTt FAX(20?)27!3.3.102 CHAIIINIAN ARIZONA OFFICE . tcn, rz>� t i fflt ttz RCrUOLCAN POLICY CCMMITIt RR �j( � r�r� �h l�CCS�TnNT 1/111 IIf 301 kn�r OL Tl i/�NY I It mit Rc�no 011,5 t o f -1 e t L..s en ado �Jltl. CI/13 Es Pt Int NIX,AZ 8f,012 tram,czklax) rAx:(i;o2)2-111 1/.1:3 --ilkishingtonT-BC C to iii,j.t.hocJiippl��►.ai.hnsjir.pnF www.h011::11.nny/Oncltigg May 17,2002 Mr.Norris Noidvold Intergovernmental Affairs Coordinator City of"T'hoenix 200 W Washington St Phoenix, Arizona 85003 Dear Mr. Nordvold: Mr. James Vieregg is a qualified environmental attorney and advocate_ I supervised Mr. Viercgg as an attorney at the Arizona Attorney General's Office ice Tor several years and have worked with him on a number of issues since then. I have round him to be knowledgeable and effective. In 1999, Jim worked with me to draft H.R.2921, legislation amending the Comprehensive Environmental Response, Compensation, and Li ability Act (CRCLA)to incorporate the approach used by the Arizona Water Quality Assurance Revolving Fund law (WQARF) to ensure that small businesses and other parties of limited financial means could satisfy their CERCL,A liability while not being bankrupted by it. Portions of this legislation formed an amendment which I successfully offered at a subcommittee mark-up or H.R.2580, The Land Recycling Act 01'1999. Jim and I also worked together in the fall of 2000 to address a proposed change by the Environmental Protection Agency(EPA) to regulations governing Combined Animal Feeding Operations (CAFO) to ensure that the EPA took into account the specific effects of these regulations on arid states. I commend Jim to you as an effective advocate en matters of legislation and goveninnental affairs. Since ly, n Shadegg :angrre5Sman Arizona 4`h District J.S. House of Representatives J BS:Ur -'Pe-15-2002 17:22 F.22/22 • JANE DEE HULL GOVERNOR STATE OF ARIZONA _May 1.52002 _. Mr. Norris Nordvold Intergovernmental Affairs Director Office of the City Manager/intergovernmental Programs 200 W. Washington Street, 121' Floor Phoenix, Arizona 85003 Dear Norris: I am writing in strong support of Jim Vieregg's response to the City of Phoenix request for qualifications for state legislative representation and consulting services far environmental issues. As the Governors Policy Advisor for Environment, I have worked closely with Mr. Vieregg for the past four years on a variety of legislative and policyissues. Mr. Viereggis extremely professional and effective in lobbying for the passage of environmental legislation. In addition, he is highly regarded by both Democratic and Republican members of the Legislature, enabling him to obtain bipartisan support for bids. Along with working well with the legislative branch of government, Mr. Vieregg has been an asset to the Governors Office on several environmental issues. Mr. Vieregg's legislation has always gained Governor Hull's support, largely due to the thoroughness with which he works his bills through the process. Most importantly, 1 can always count on Mr. Vieregg being honest and forthcoming on issues, which is invaluable when advising the Governor on legislation. Mr. Vieregg also serves on the Water Quality Assurance Revolving Fund (WQARF)Advisory Board, which is appointed by the Governor. As a fellow WQARF Board member, 1 can attest to Mr. Vieregg's significant contribution to the WQARF program, regularly attending the monthly meetings, constantly working to educate legislators about the merits of the program and actively lobbying for continued funding and resources. Given the current budget situation, restoring money into a program is no easy feat, but Mr. Vieregg has worked tirelessly and effectively in this pursuit. I am confident that Jim Vieregg will do an outstanding job for the City of Phoenix in a lobbying capacity. His relentless determination and integrity would be a tremendous asset to any organization. Should I be of further assistance on this issue, please feel free to contact me. Sinc-ref , ' I TEES Executive Assistant, Environment 17(D WEST WASHINGTON, PHOENIX, ARIZONA 85007 (602) 542-4331 -FAX(602)542-7601-a WW.4+cnlB�xOR.STATELAZ yrs KE rd r ,',1 :.:it-5' — a • !'l ROSE MOFFORD Office of tfe o GOVERNOR State Capitol, West Wing Pkoenik, Arizona 85007 March 1, 1991 Mr. Jim Vieregg The Phoenix Plaza 2929 North Central Avenue Phoenix, Arizona 85012-2798 Dear Jim: Over the past few months, we needed assistance in analyzing ENSCO's financial records and business plans as they relate to the Arizona Hazardous Waste Management Facility. Because of your expertise and recognized dedication to excellence, you were asked to help in this analysis. We asked for your assistance knowing that the job would involve personal sacrifices of time and effort, and that keeping up with your normal duties would work a hardship on you and your fellow workers. You did an excellent job and I wish to personally thank you for your participation and dedication. All of those who know ofyour efforts--both inside and outside of Government— have expressed their admiration of the job that has been done. •With warmest regards, I am nnn .»o �r Si;nce e J, . . '41111. / - ,--/ . /i,i ROSE MOFFORD Governor RM:pr -• i�rE�rq� 14,\• ) i vr OFFICE OF THE GOVERNOR IN REPLY REFER TO: BRUCE BABBITT STATE HOUSE GOVERNOR PHOENIX. ARIZONA 85007 August 20 , 1986 Mr. Jim Vieregg Assistant Attorney General Office of the Attorney General 1275 West Washington Phoenix , Arizona 85007 Dear Jim : P I want to express my personal appreciation for your continued d efforts to ensure the Douglas Reduction Works i n full compliance with State and Federal laws . operates It was a hard fought battle . I ' m told that at times you were up against six private sector attorneys . Thank you for your our continued dedication to improving Arizona ' s environment and your high professional standards . Your efforts are very much appreciated . Sincerely , 257;AP-5; 5;POAe; 4-1` Bruce Babbitt Governor BB/bsa 1-520-529-2449 URS 778 P21/01 JUN 14 '02 11: 1 URS June 12, 2002 VIA FACSMILE (602) 534-3644 & U.S. Mail Mr. Norris Nordvold Intergovernmental Affairs Director Office of the City Manager/Intergovernmental Programs 200 W. Washington Street, 12th Floor Phoenix, AZ 85003 Re: City of Phoenix Realest for Qualifications for_State Legislative Representation and Consulting Services—Water,Wastewater and Environmental Issues Dear Mr.Nordvold: I have recently learned that Mr. James D. Vieregg, Esq. is submitting a response to the above referenced RFQ on behalf of Stinson Morrison Hecker LT P. I am writing this letter of recommendation for Jim not as an officer in URS Corporation but as a private citizen who has known and worked for and against Jim for many years. In my capacity ca acit as Branch Manger of URS, one of the largest engineering firms in the US, I manage over 60 people in Southern Arizona. URS is a firm with over 16,000 employees worldwide and my specialty is environmental consulting of all types. I have worked with Jim on some of the most difficult legal case in the environmental field in the State of Arizona. This includes the Lake Powell battery dumping case that made state and national headlines and the Abrams Airborne situation where we were adverse to the State. I have also worked on the other side of Jim on some cases involving environmental issues on power plants. I have found I would much prefer to work with Jim and not against him as I know him to be one of the top three environmental attorneys in this State. I continuously recommend Jim to my clients for the most thorny of environmental or legislative legal problems. I do not believe you could do better that to hire Mister Vieregg for this assignment. If you wish to contact me regarding this recommendation please call me anytime. My office phone is (520) 529-1141 and my cell phone is (520)444-6158. Very truly yours, John H.Egan Branch Manager- URS Tucson Operations cc: James D. Vieregg—via facsimile (602)240-6925) URS Corporation 1790 East River Road, Suite E-300 Tucson,AZ 85718.5876 Tel:520.529.1141 Fax:520.529.2449 . CO, ARIZONA CATTLEMEN'S .ASSOCIATION June 5, 2002 Norris Nordvald Intergovernmental Affairs Director Office 200 West Washington St., 12th Floor Phoenix, AZ 85003 RE: Jim Vieregg Recommendation Dear Mr. Nordvald: This letter serves as my recommendation of support for Mr. Jim Vieregg as a Legislative/Environmental representative for the City of Phoenix. Mr. Vieregg certainly qualifies -for such a position. As the Executive Vice President of the Arizona Cattle Feeders' Association and Director of Government Affairs for the Arizona Cattlemen's Association I have worked with Mr. Vieregg in a number of capacities, in lobbying coalitions working on the passage of environmental legislation, as a consultant on regulatory/civil penalty issues and as a client on water quality/waste issues. In all of these capacities he demonstrated the utmost in professional and ethical behavior. Aside from his knowledge and understanding of environmental issues his dedication and work ethic was impressive. Given my experience of working with Mr. Vieregg I would highly recommend him to any organization as an attorney and advocate for environmental issues. His demeanor and understanding of the Legislative process in Arizona and in Washington has provided for many triumphs. Once again, I strongly recommend Jim Vieregg for this position. 1401 N. 24th Street Sirzcdreiy, Suite 4 Phoenix,AZ 85008 —/LA rr v 602.267.1129 602.273.7414 f ` .J t Arizona's organization of Basi1lo F. Aja • cattle growers and cattle feeders BEEF USA American Linen Supply Co. 1326 Fifth Avenue, #714 Seattle, Washington 98101 May 20, 2002 I J Norris Nordvald Intergovernmental Affairs Directar Office 200 West Washington St., 12th Floor Phoenix, Arizona 85003 Dear Mr. Nordvald: This letter is in support of Mr. Jim Vieregg serving as a representative for the City of Phoenix representing the City's interest in the Arizona State , Legislature. I was a client of Jim Vieregg beginning in 1992 when it was discovered that a corporate property owned by ALSCO, a private corporation based in Seattle, was heavily contaminated with dry cleaning solvent. The previous owner, a dry cleaning firm, had evidently inadvertently caused the contamination to occur. Mr. Vieregg over a period of four years doggedly represented my interest before the ADEQ and the legislature, bringing the matter to a successful conclusion. I was amazed at visits to Arizona that Mr. Vieregg was able to arrange visits to any Legislator with a simple phone call. Such access in Washington State would be unthinkable. Jim's effectiveness, determination, experience and personality will ensure that the City's representation will be accomplished in the most efficient mannerP ossible. I strongly recommend Jim Vieregg as an ideal representative of the City of Phoenix. erely, David M aryatt ARIZONA _ i_`�' :�i►. • • ROCK PRODUCTS :...� - ASSOCIATION Mr.Norris Nordvald Intergovernmental Affairs Director Office 200 West Washington Street,12th Floor . City of Phoenix Phoenix, Arizona 85003 . May 16, 2002 Dear Mr. Nq dval d surprise that I would write a letter supporting the consideration of Mr. Jim.Vieregg to serve as a representative for the City of Phoenix engaging in lobbying the City's interests at the Arizona State Legislature. • Having served in that area, I can say without pause that he is one of the most tenacious, professional and successful lobbying forces on that campus. Mr. Vieregg was extremely helpful crafting theWQARF legislation, Small Business pul in provisions,rovisions, and a host of other environmental legislation successfully implemented which are of enoriuous benefit to the citizens of Arizona. His record of success in advancing legislation is excellent. • The truthis: Mr.Vieregg is extremelyqualified,possessing an incredible background of q accom lishmen and has a personality and ability to work with people from both sides of P � the aisle on issues of principle. The interests of the City of Phoenix could not be in better hands than those of Jim Vieregg. • Ihighy I recommend the retaining of Mr. Vieregg's services on behalf of the City of Phoenix. Sincerely, 4004k Russell W. Bowers • Executive Director Arizona Rock Products Association • • 916 West Adams Street • Phoenix. AZ 85007-2732 (602) 271-0346 • Fax (602) 255-0363 • E-Mail: arpa@primenet.com MR -14-22 15:18 ADEQ D I RECTOR'S OFFICE 802 20? 22 8 F.02 ..-$01-47-4*, illir(-- . . �� ARIZONA 1 DEPARTMENT OF 7----D-FEA.----R7. a ,,,,,,,,,,logl , v.,,,, A.,,,,,-, ,,, . ..... i: E NVI RONME.N.TAL \,,,,z7:,, ,,,- ....._ 16' Jane Dee Hull 3033 North Central Avenue - Phoenix,Arizona 85012-2809 )acquelinc E.Schafer Covernnr (602) 207-2300 • www_adeq.state.az.us Director May 14, 2002 Mr.Norris Nordvold Intergovernmental Affairs Director City of Phoenix Dear Norris: I understand that Jim Vieregg will submit a response to a R.F'Q in hopes of representing the City of Phoenix on various environmentally related issues. I have known Mr. Vieregg for almost a decade. I can vouch for his professionalism and grasp of the issues. He is also very thorough in his approach and always succeeds when he endeavors to put a bill through the legislative process. One of the reasons for Mr. Vieregg's success is his ability to work with members of both political parties. Another reason has to do with his dogged tenacity which is legendary.I speak with experience having been chaizivan of the Senate Natural Resources Agriculture and Environment committee. He attends to detail and will speak with as many members as it takes to get the support needed for the bill. Mr. Vieregg has succeeded every time he has undertaken the efforts necessary for the passage of a bill on the behalf of a client. Usually his efforts are met with lopsided vote margins in favor of passage. Some of the issues he has dealt with include the repeal of citizen's law suits,the revamping of the Water Quality Assurance Revolving Fund program (New WQARF and the ADEQ restitution bill sponsored by Rep. Christine Weaso . I can also say that Jim Vieregg is a man of the highest ethics who represents his clients faithfully, always follows proper procedure and can be counted on by legislators to make accurate representations. if you have any questions please do not hesitate to call. c erely, J' Buster L gislative Liaison ADEQ Northern Regional Office Southern Regional 0111ce 1515 EastCedar Avenue • Suite F • Flagstaff",AZ 86004 400 West Congress Street . Suite 433 • Tucson, AZ 85701 (520) 779-0313 (520) 628-6733 Printcd on recycled paper __. T/'—— r--+ nom' SPEAKER JAMES P.'NEiESS LEGISLATIVE DISTRICT 16 700 WEST WASHINGTON STREET PHOENIX,ARIZONA 85007-2844 J;��1:ST C'i18-�` .� avr. ''/i �- LEGISLATIVE CCUNC'• PHONE: (602) ,,j4c l. FAX (602) 417-3116 TOLL-FREE:1-800-352-8404 .:DINT LEGISLATIVE TAX ;Welers azIeg.State.az.us TEE • JOI •JOINT LEGISLATIVE AUDIT x. �1152 LIf . r2 s e ±aIIi2 COMMITTEE 1ntx, c. rima S5.l. f 7 may4_3 nn2 VIA F ACSIIVIILE ((602) 534-3644)±U.S. MAIL Mr.Norris Nordvold Intergovernmental Affairs Director Office of the City Manager/Intergovernmental Programs 200 West Washington Street 12th Floor Phoenix, Arizona 85003 Re: City of Phoenix Request For Qualifications For State Legislative Representation and Consulting Services-• Water, Wastewater and Environmental Issues Dear Norris: Jim Vieregg, environmental attorney and lobbyist for Stinson Morrison Hecker LLP,has informed me that he will be submitting a response to the above-referenced Request For Qualifications ("RFQ") on behalf of his law firm. I am writing this letter of recommendation on Jim's behalf based on his many years of working on Arizona environmental and regulatory reform legislation. I have been advised by Jim that the subject RFQ seeks information on the responding firm's lobbying effectiveness before the Arizona Legislature on environmental matters and the firm's demonstrated ability to forge bipartisan support on environmental legislation. Based on his success in achieving Republican and Democrat support for his environmental and regulatory refona legislation and its approval by the Governor,I believe Mr. Vieregg clearly meets these RFQ qualifications. In closing, I want to say that Jim Vieregg has proven himself to be a highly effective lobbyist before the Arizona Legislature in the field of environmental law and would well serve the needs of the City of Phoenix on environmental related legislation. If you have any questions regarding this letter or my working relationship with Mr. Vieregg, please contact me. Sinceref 140111Wiliti. ":1111," .•• Ames P. W ei ers Speaker of the House Cc: Jim Vieregg— Stinson Morrison Hecker LLP (via facsimile) -rEs'4T RANDALL GNANT �'- Cisui� 28 FRESiDENT OF THE SENATE FvR?Y-F FT'ri LEGISLATURE *!91-2. ri im ±2I±2 2�� c J - - 2 Mr. Norris Nordvold Intergovernmental Affairs Director Office of the City Manager/intergovernmental Programs 200 W. Washington Street, 12 ' Floor Phoenix. AZ 85003 • Re: City of Phoenix ("COP ) Realest For Qualifications L"RFQ" For State Legislative Representation and Consulting Services —Water. Wastewater and Environmental Issues Dear Norris:* writingthis letter of reference.on behalf of Phoenix environmental attorney and lam lobbyist Jim Vieregg, partner of Stinson Morrison Hecker LLP, who has informed me a of his firm's interest in responding to the subject RFQ. ! have worked with Jim for many years on Arizona environmental and regulatory reform and a d consider him to be an outstanding lawyer and lobbyist in the field of environmental law. He has a remarkable track record of success in achieving legislative passage and the Governor's approval of many significant environmental and regulatory reform bills, includingSB 1348, HB 2643 and SB 1349. These bills have become Arizona law due to Jim's focused and effective lobbying work and his ability to achieve bipartisan support for his proposed legislation and the causes of his clients. strong p PP on his track record of success before the Arizona Legislature, I believe he would Based . L.. a .gory sfft=w:*.. b yistthe �'1_/ L.tGs ted min V i1 onmen tal r:.I C �../.� v�/�r:J�rV' Lobbyist for C�1.7 of Phoenix 1�.+(��{��1 i QZY' �1t 1�+�. legislation. anyquestions regarding this letter or my working relationship with Jim If you have g Vieregg, please contact me. Sincer- , Randall Gnant RG/cg EIE 1 1.-2 r32 1.^a222912U2 C,nFF`^ STATEE FACE C``l CC) P Pt'it? CONSULTING GROUP . STATE May 13, 2002 VIA FACSIMILE(602)534-3644)+ U.S. MAIL Mr. Norris Nordvold Intergove *rental Affairs Director Re;City of Phoenix Request For Qualifications For State Legislative Representation and Consutling Services-Water,Wastewater and Environmental Issues Dear Norris: Jim Vieregg has informed me that he will be submitting a response to the above-referenced Request For Qualifications(RFQ) on behalf of Stinson Monison Hecker LLP,and that the RFQ seeks information on the responding party's experience in representing clients on water,wastewater and environmental issues,as well as the responding party's lobbying effectiveness before the Arizona Legislature and as decnomtrated ability to forge bipartisan support on environmental legislation. am writing this liter on behalf of Jim Vieregg, in response to the above-stated RFQ criterea. 1 have worked with Mr.Vieregg ori environmental matters since the mid-90s,when I served as a member of the Arizona Senate.As a member of the Senate, worked with Mr_Vieregg on a number of environmental bills, including the repeal of Arizona's citizen suit law(which had been misapplied against numerous Arizona businesses)and the creation of a "new'WQARF law(which Mr.Vieregg originally drafted in 1996 in the form of H.B.2458). During my tenure as a member of the Senate, Mr.Vieregg successfully demonstrated the ability to achieve passage of his proposed environmental legislation, and to obtain bipartisan support for such legislation. Since leaving the Senate,I have witnessed Mr.Vieregg achieve passage of many environmental and regulatory reform bills and get them signed by the Governor- despite overnordespite facing formidable opposition to his proposed legislation. Since laving the Senate, I have worked with Mr.Vteregg, in a team capacity,for four business clients-ail of whom faced major liability problems arising under the Arizona and federal Superfund laws(WQARF and CERCLA), In representing these clients as an environmental lawyer, Mr.Vieregg successfully resolved the clients' Superfund liabilities by using Arizona environmental laws that he created. Based on his substantial experience as a government and private sector environmental lawyer, Mr_Virg has also accomplished many successful results for his clients on environmental regulatory and litigation matters arising under major federal, state and local environmental laws.'- Based on my longtime working relationship with Jim Vieregg on a variety of environmental matters,I can state with confidence that he would be a very effective representative for the City of Phoenix before the Arizona Legislature on environmental matters. If you have any questions regarding this letter or my working relationship with Mr_Vieregg, please ccntad me. Sinaerel Stan Barnes,President Copper State Consulting Group cc:Jim Vieregg-Stlnsan Morrison Hecker LLP (via facsimile) 245 W EST R oosEvtLY PuoariIX,ARIZONA 55003 T E1.EPtiONE/{ 607..2.29.-)O 10 FACSIMILE 602-223-l 232 MAZY--13-2002 16:18 HOUSE OF REPS. 602 542 3659 P.02/02 LAURA KNAPERE}< COMMITTEES: 1 700 WEST WASHINGTON �,,����� APPROPRIATIONS, PHOENIX,ARIZONA>�Od1'-1$4 �` CHAIRMAN CAPITOL PHONE; (602) 542.5189 1 ir��,�. HEALTH CAPITOL FAX: (8Q2)417..3127 `` '�'' HUMAN SERVICES TDD; (602) 542-6241 . knaperek aaazGeg.state.az.us JOINT COMMITTEE ON CAPITAL REVIEW,CHAIRMAN DISTRICT 27 cArtzurrta Acitmt Ppreentfatuns JOINT LEGISLATIVE BUDGET COMMITTEE.VICE-CHAIRMAN 2rttX, Jkrzirxtx 856117 LEGISLATIVE COUNCIL ------ .._ May02 • Mr. Norris Nordvold Intergovernmental Affairs ;Director Office of the City Manager/Inter ovcrnmental Programs 200 West Washington Street, l2 Floor Phoenix, Arizona 85003 Dear Norris: I understand that Jim Vieregg, environmental attorney and lobbyist for Stinson Morrison Hecker LLP, will be submitting a response to the City of Phoenix Request For Qualifications For State Representation and Consulting Services — Water, Wastewater and Environmental Issues ("RFQ") on behalf of his law firm. I am writing this letter of recommendation on Jim's behalf based on my many years of working with him. I have worked with him on many of his environmental and regulatory reforms bills, as a prime sponsor or sponsor, and have been greatly impressed by his ability to accomplish bipartisan support for his legislation and to get his bills signed by the Governor. Based on this experience, I consider Mr. Vieregg clearly meets these RFQ qualifications. I also want to add that Jim is a highly dedicated environmental lawyer and lobbyist who is respected and trusted by members of the Ariiona Legislature. I believe he would provide very effective representation to the City of Phoenix on environmental matters before the Arizona Legislature. If you have any questions regarding this letter or my working relationship with Mr. Vieregg, please do not hesitate to contact me. Sincerely, • • LAURA KNAPEREK State Representative LK:va TflTOI P Gid MAY--13-2002 16:56 HOUSE OF REPS. 502 542 3689 P.21/31 CHRISTINE L.WEASON1'41111111;:.- COMMITTEES: 1700 WEST WASI-ONOTON STREET ~f%10) o APPROPRIATIONS, PMOEN0 ARIZONA 850074544 � RANKING DEMOCRAT CAPITOL Pi-IONE (602) 542-S207 '� �' ¢ COMMERCE AND ECONOMIC CAPITOL PAX: (0102)542-4508 O VELOPMEN. RULES DISTRICT 25 JOINT COMMITTEE ON CAPITAL REVIEW rrf gaprzsentatifrzz .ICINT LEGISLATIVE BUOGET COMMI I Tkk J11nthx, Ariz to 511137 --- APPROPRIATIONS SUBCOMMITTEE ON CRIMINAL JUSTLCEJ May 13, 2002 VIA FACSIMILE ((602) 534-3644)+ ILS MAIL Mr.Norris Nordvold Intergovernment2l Affairs Director Office of the City Manager/Intergovernmental Programs 200 West Washington Street 12th Floor Phoenix, Arizona 85003 Re: City of Phoenix Request for Qualifications for Stare Legislative Representation and Consulting Services- Water, Wastewater and Environmental Issues Dear Norris: Jim Vieregg, environmental attorney and lobbyist for Stinson Morrison Hecker LLP,has informed me that he will be submitting a response to the above-referenced Request For Qualifications (IRFQU)on behalf of his law firm,and that the RFQ seeks information on the responding firm's lobbying effectiveness before the Arizona Legislature and the firm's demonstrated ability to forge bipartisan support on environmental legislation, I am writing this letter to let you know that I have prime-sponsored or sponsored many of the environmental or regulatory reform bills drafted and lobbied by Mr. Vieregg, including S,B. 1349 (2000). Through his ability to work with Democrats and Republicans on a bipartisan basis, Mr. Vieregg has achieved outstanding legislative results for his business clients,which accomplishments include the abolition of joint liability under the Arizona Superfund law(WQAPF)and the creation of qualified business and financial hardship settlements under the W ARF law(A.RS. § 49- 292.01 and 02)(which settlement provisions have served as a model for federal environmental legislation). In summary, it hn�s been roy pleasure working with Jim Vieregg on Arizona environmental legislation, and I believe he would be a highly effective representative for the City of Phoenix on environmental matters before the Arizona Legislature. If you have any questions regarding this letter, or my workingrelationship with Mr. Vieregg, please contact me. 401,1 ely 410' :40 21 ."6(/QeiU,. 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' U r . { L r c ,-1 + /% O ' .-• LE > E Q v,. 0 O Q >>« pq.-+. v U .c `• r-, L1 --• -' .., 'a' .? +O U v [p"° 5 42-rrteo aO 11 yN '}r., � d cc4o • a) c � r • •O ,, a) )••,-4 - +- s. ti r N > U �-+ v? ► v 7. v - :� cc .� v � -d Q o o o 0 `N ® ,•••••..:.,,,t,,.---1,:. .= R ,o o1-1•cu � � ,�.�- .4_, n U O ii, � C CG U,� p,• .o ,v 1s cU -� • p ao o , v �?41.. aa —, � uO 1•.�w,., � o >' �' °"-' O• 4, c 3 ` apv t o U -n L, cn � � c. �..' • cG. ^-, •r-. .4 0V vv > ' Ctic� ° V ct,v,� ' 2 ,-.,,44;`r �S .,, ...,- � ,„.9 .g `, i/ .Cnv ,n- U,• p� vO-Et) •tict QO �.`U 7.9 O O—Or- • VE � yv +-n ►� o^ -U .� cis 2. - O ;aa.. &--, ^ A �1ry4.1 Q iJOQ • Oc (ti- D ..... ..,,sem*z llSI .~ Q 0 ..O VA •C�4N ' U cLiQ "4:::. al) O • TOWN OF ORO VALLEY 6 COUNCIL COMMUNICATION MEETING DATE: July 06, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Scott Nelson, Special Projects Coordinator SUBJECT. PUBLIC HEARING ANNEXATION ORDINANCE NO. (0) 05- 30 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7,ARIZONA REVISED STATUTES,AND AMENDMENTS THERETO BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY-(970 ACRES,ANNEXATION AREA J OTHERWISE KNOWN AS LA CHOLLA AIRPARK.) SUMMARY: This annexation was initiatedrequestproperty at the of the ro erty owners within the proposed annexation area. On February 16, 2005 the Mayor and Council voted to initiate the annexation process for 970 acres of unincorporated territory known as Annexation areaValley J, as outlined in Oro Resolution No. (R) 03-06, Oro Valley Policy for Annexation perrequirements and the of Arizona State Law. This land is also in conformity with the Town of unincorporated Land of Oro Valley's adopted General Plan. T ARS 9-471 (A)(1),the blank etition, map and legal description was filed with the Pima County cordance with p k—order on March 09, 2005. Ap ublic hearing was held on this annexation request on April 06, 2005. The required o 65% value annexation were received, representing 69% of the property owners and of the assessed signatures for this p g were received before one year and/or 365 day; 04/10/2006 deadline. To date, no utility valuation for this area has been received from the Arizona Department of Revenue. ATTACHMENTS: 1. Ordinance No. (0) 05-30 . 2. Exhibit"A" Legal description of Annexation Area J. 3. Exhibit"B" Map of Annexation Area J. SUGGESTED MOTION: I move to adopt Annexation Ordinance No. (0) 0530 extending and increasing the corporate limits of the Town of Oro Valley. Special Projects Coo dinator / A Town Manager ORDINANCE NO. (0) 05- 30 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA- (970 ACRES, ANNEXATION AREA J OTHERWISE KNOWN AS LA CHOLLA AIRPARK) WHEREAS, a petitiong, accompaniedby in writing, a map or plot of Annexation Area J, attached hereto as Exhibits "A & B", having been filed and presented to the Mayor and Council of the Town Arizona, signed bythe owners of more than one-half in value of the real and personal of Oro Valley, g and more than one-half of the persons owning real and personal property as would be property subject to taxation bythe Town of Oro Valley, Arizona in the event of annexation within Annexation Area J as shown bythe last assessment of said property, which said territory is contiguous to the of Oro Valle Arizona, askingthat Annexation Area J more particularly described in Exhibits Town y, "A & B" be annexed to the Town of Oro Valley, Arizona, extending and increasing the corporate limits of the Town of Oro Valley; and the Mayor and Council of the Town of Oro Valley, WHEREAS, Arizona, are desirous of complying y with saidpetitionextending and and increasing the corporate limits of the Town of Oro Valley to include Annexation Area J; and the saidpetition sets forth a true and correct description of all the exterior boundaries of WHEREAS, . entire area proposed to be annexed to the Town of Oro Valley, and had attached thereto at all times the p p an accurate map of the territory desired to be annexed; and no alterations increasingor reducing the territory sought to be annexed have been made WHEREAS, after the saidpetitionsignedby had been any owner of real and personal property in such territory; and provisions WHEREAS,the of ARS 9-471, and amendments thereto,have been fully observed; and S proper and sufficient certification and proof of the foregoing facts are now on file in the WHEREAS, p p Office of the Town Clerk of the Town of Oro Valley, Arizona, together with a true and correct copy of the petition original referred to herein, which is on file in the Office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. That the following described territorybe, and the same hereby is, annexed to the Town of Arizona, and that the present corporate limits be, and the same hereby are, extended and Oro Valley, increased to include the following described territory contiguous to the present Oro Valley limits, to wit as fully described in Exhibits "A & B", attached hereto and incorporated herein by this reference including county/state lands. copyof this ordinance, together with an accurate map of the territory hereby SECTION 2. That a . Oro Valle Arizona, certified by the Mayor of said Town of Oro Valley, be annexed to the Town of y, forthwith filed and recorded in the office of the county recorder of Pima County, Arizona. all ordinances and part of ordinances in conflict herewith be and the same are here SECTION 3. That by repealed to the extent of such conflict; ordinance and the various parts thereof are hereby declared to be severable. SECTION 4. That this If any section, sub -section sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED Mayor bythe Ma or and Town Council of the Town of Oro Valley, Arizona, this 6th day of July , 2005. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Melinda Garrahan, Town Attorney CERTIFICATION OF MAP of Oro Valley,Paul H. Loomis, Mayor of the Town Arizona, do hereby certify that the foregoing map correct mapof the territoryannexed under and by virtue of the petition of the real and isatrueand personal propertyowners in the said territory and by Ordinance No. (0) 05- annexing the territory ed in Ordinance No. (0) 05- and as shown on said map as a part of the territory to be descrlb included within the corporate limits of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk , •� EXHIBIT "A" Description Legal DESCRIPTION OF TERRITORY TO BE ANNEXED TO THE TOWN OF ORO VALLEY 22, TOWNSHIP 11 SOUTH, RANGE 13 THE SOUTH HALF (S 1/2) OF SECTION EAST, DILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, CONTAINING 320 ACRES,MORE OR LESS. ALL OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 13 EAST, DILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, CONTAINING 640 ACRES, MORE OR LESS. THE SOUTHEAST QUARTER(SE 1/4) OF THE NORTHEAST QUARTER(NE 1/4) OF THE NORTHEAST QUARTER(NE 1/4) OF SECTION 28,TOWNSHIP 11 ) SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, CONTAINING 10 ACRES, MORE OR LESS. 6°4Sx'. /It?'\` ti't1 DAVIJA. Prepared by f David A. Rhine, RLS -207 AZTEC Land Surveying, Inc. ; giA .4111/4 is Page 1 of 2 4,:7• 113 Ih:,ty; 't7.r}c � i"^i: h'i-e I reARgal NM W/:.WA FA i r',:::;V,?,1:,..:7'44 r, i . Oar ‘11111W‘A a_±4 r;;:•:::',4AYY/, 4 , .- jpr. "IL' • 1.--- 4 ..'":*" 1, WO! / , Ff421 '5" - 22 . - pz A:-.i.:.; ,*.., "4.6-% .„, ...:; ..., .4 ./Ak'.;.‘ ,/. .- .--;4':*---i-..;:: ,,,-UNIIIIri /.4f;',Al,4*Vli'afi;:fiF...d.f /4...4 ,, diammi fre4.43/4 .."4,- Aiii, .• ..--� AF OF THE TERRITORY < E �� NTS e ±i 1r,',/ �,// /� �, TO BE ANNEXED TO THE4+, ._ ,. „11, gak • 0 TOWN OF ORO VALLEY mnzs . — o -- .4 MAP�.._ 26 ( , -, ANNEXATION AREA J- 2OO5 ea'- 1 V.,ef, ,��,,, d,r' r I--1 "A;44'4,0:ge E4t A Al ..t' are. _ p ± n:2:----Encli-ii: Emp24.:..f7.fo:.,.;,..:.: --ri orm":111 -MI Willim :-11',A....;;::... A 3- 3- .... =.7 . .3 4_ .:27...,,, ,, i .•,,:.,::::,...,,,,:::..,.:.i.,ii,..:, . . ,_. .,_, .,..„..., ....... 11 _ OAP At:::;ts,I-_. .....;.,',V•.,:/rizadr2:oPiA",niiimxi,, i,;.;;...i-_;,-,,,..,..,... 'Ail gi R .tWAR OVA 12 OW rlie/ArrAi.3:-._if,_:':-.5 ::-..:_:1..-.1..,..--x TOTAL AREA TO BE ANNEXED = 970 ACRES, L OCA TION MAP 3.�' MORE OR LESS T>>S, R1 I I t r— RATE I 1-- EXISTING CORPORATE :;._., o 5270.76 �„ I 8956 E� r► • N TOWN ,._.„ wr I. � I, Pr,..' �, 4/_1 W :,-- LIMITS OF THE O NEW CORPORATE LIMITS 1 .`” % OF ORO VALLEY ,,l_ OF THE TOWN OF ORO _• 1 itkl* `w VALLEY E_, o I 'NZ% .:‘ -'4, 1 I '..' A , E ” .. o ap - �, Lt, r. . / ;), 'o r p � .... _ . . r .' Zs o p / 1 --p of o / �p _ - 1 voFzs� � _ r -1 foV p 14de ......I � �• z 1 1 , wo O ( N 89°56' E '" 5270. - N89�r 30� E ' 1 p p '� '*t fir- \ I R 658.02 �� - 4 An- °6 ."1 .'2w 1 '44: 1 \ I 4 -ff / IAPI C� F A 4:4 J • Csr 658.02'' E., o I `•,� _ ! .' - 7i-E - J _+ o "s89�56'3 "�r k ~ 1� � o � vr_1(;), L,1. _.., w � 00) --1". w_ 0 � .4// L' TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: July 06, 2005 TO: HONORABLE MAYOR& COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE: PRESENTATION OF CONCEPTUAL PLAN BACKGROUND A conceptual site plan has been developed for Honey Bee Village to provide for preservation of the core p area of the archaeological site and to propose development of trails, interpretative elements for visitors and options for the interface of the site with future surrounding development. Honey Village Villa e is located east of North Rancho Vistoso Blvd and south of the Moore Road alignment within the 75-acre Neighborhood 6, Rancho Vistoso PAD. It was first settled around A.D. 450-600 by the Hohokam culture and is a strong linkage to Oro Valley's past. Policies within the 1994 Honey Bee Canyon Management Plan and the newly adopted Focus 2020: Town of Oro Valley General Plan recommend: • preservation of the village core; • ensuring that the area is visible from the surrounding community to avoid vandalism; and, • creation of a management plan to protect the area from development impacts. In May, 2004 Pima County voters passed a bond providing $1 million for the preservation of the core area of the village site. The conceptual plan, presented herewith, was prepared as one of the steps in that preservation.ation. It was created with CommunityByDesign and Desert Archaeology, as consultants, and a key group of stakeholders that included representatives from the Arizona State Museum, Pima County Cultural Resources, the Tohono O'odham Nation, Town of Oro Valley and the property owner. It delineates the suggested preserve area and provides recommendations for limited development of the preserve to serve as gg an archaeological interpretive site. It also provides recommendations for the management of the preserve. SUGGESTED MOTION I move to proposed t the DRAFT Honey Bee Village Archaeological Preserve Conceptual Plan and direct that thisp lan be forwarded to Pima County and the Tohono O'odham Nation for their review. Attachments: 1. Honey Bee Village Archaeological Preserve Conceptual Plan tig Planni - d Z ing Administrator 7/git::7 64, Cowit k Develop c'nt Director /01—‘14.4eX J Town Manager v• Il Honey Bee • rve Archaeological Prese ,. . ..._ , .. ., , . ,..,. 7., rM.. . .. ,,,..,, ;„..,„;,.. ......„..4 A +� � � �. �' ,mow.. , _ .... 1r,. ;2,41.,- ,, ,„.„.„7: ',,,,,,„mor.„,H1::..,,,:;471,... ..,,,,7:;*:::::17:1-..,,,,;:,,,,,., 1,,,. ..,4::. -,'„.. 4 . ,, . y .., „ N, _ +4 mayWJr ...:,..,7,:,, FA.W-,. Tb` ; ,..• ae �,' .....a fi' b ��. °� rMii!Y : :. x :-.74.,: aya.a*,� M,r alit n r ...40.' r i t 4.„,, ," "" d''''' _ ,, , ,�,u n. °+t. 4' 41111014,.. :. ..... �'s+ +Nr! y ,. ai a. ami g.v . e, - ' - a r a ' .� ..,..-40!.. it . 40, 0"... '.yam-.wdk yy m At K a r . .q.<.. * 'b, s ,n� - uw -* w i � r —N -it ' *i " -"-7:7-"'' .. . M-"CF 11..1` .. T� "' a '• w. �1 � � ate s � gym., . 1111,1141, . Conceptual Plan Town of Oro Valley Oro Valley, Arizona Prepared by: Community ByDesign 240 N Court Ave Tucson, Arizona 85 701 520-882-8177 In association with: DESERT ARCHAEOLOGY, INC Tucson, Arizona May 31, 2005 .. . Z Town of Oro Valley Honey Bee Village Archaeological Preserve Conceptual Pl n TOWN COUNCIL Paul Loomis, Mayor Barry Gillaspie,Vice Mayor Conny Culver, Council Member Paula Abbott, Council Member Helen Dankwerth, Council Member K. C. Carter, Council Member Terry Parish, Council Member TOWN MANAGER Chuck Sweet TOWN STAFF Brent Sinclair, AICP, Community Development Director Bryant Nodine, AICP, Planning and Zoning Administrator Bayer Vella, Principal Planner, Planning and Zoning Division Dee Widero, Senior Zoning Inspector, Planning and Zoning Division Ainsley Reeder, Parks and Recreation Administrator The following individuals and organizations contributed significantly in providing direction and information towards the preparation of this document: KEY PLANNING GROUP Bryant Nodine, Project Manager, Town of Oro Valley John Madsen, Arizona State Museum Su Benaron, Arizona State Museum Linda Mayro, Pima County Cultural Resources Roger Anyon, Pima County Cultural Resources Peter Steere, Tohono O'odham Nation Cultural Preservation Office Steve Solomon, Canada Vistas Homes Prepared for the Town of Oro Valley by: Community • ByDesign 240 N Court Ave Tucson,Arizona 85701 520-882-8177 In association with: DESERT ARCHAEOLOGY,INC Tucson,Arizona May, 2005 ,. . Table of Contents I. Introduction• 1 II. Site Analysis: 1 A) History 1 B) Existing Conditions 2 C) Existing Studies and Plans 10 III. Honey Bee Village Conceptual Plan: 11 A) The Planning Process 11 B) Vision 13 C) Issues and Opportunities 13 D) The Honey Bee Village Preserve Conceptual Plan 16 E) Management Recommendations 19 Table of Exhibits Figure 1: Typical Site Vegetation 4 Figure 2: Roads Crisscross the Site 5 Figure 3: Vista from Site to Open Space and the Santa Catalina Mtns 5 Figure 4: Areas of the Site Will Require Hydroseeding 6 Figure 5: Little Surface Evidence of the Village Remains 6 Figure 6: Aerial View from the West 7 Figure 7: View from East of Site and Adjoining Development 7 Figure 8: Village Site and Open Space Corridor(left) as Viewed From North 8 Figure 9: Vicinity Map 9 Figure 10: Team Members Discussing the Preserve Plan 12 Figure 11: Opportunities and Constraints Map 15 Figure 12: Conceptual Preserve Plan 18 HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN i • Introduction and Site Analysis Honey Bee Village Archaeological Preserve Introduction: The Town of Oro Valley, with consultant assistance from CommunityByDesign, and Desert Archaeology Inc, prepared a conceptual plan for the Honey Bee Village archaeological site to provide guidance in the preservation and management of the prehistoric site. Located along Honey Bee Wash east of North Rancho Vistoso Blvd and south of the Moore Road alignment, Honey Bee Village is the only remaining intact large Hohokam village site in Oro Valley. This large prehistoric village in the Canada del Oro Valley was first settled around A.D. 450-600 and is a strong linkage to Oro Valley's past. The value of this heritage has been noted in recent documents, including 1994's Honey Bee Canyon Management Plan which recommended the creation of a management plan to protect Honey Bee Village from modern development impacts. The plan suggested keeping the core intact and visible from the surrounding community to avoid vandalism. The Focus 2020: Town of Oro Valley General Plan, revised 1/13/2005, includes a policy specifying preservation of the "unique archaeological, cultural, and historic resources within Oro Valley." It specifically addresses Honey Bee Village and recommends "avoiding disturbance by preserving" it in place. In May, 2004 Pima County voters passed a bond providing $1 million for the "...purchase of sufficient acreage to protect the critical areas of the Honey Bee Village site that are threatened by planned residential development." The bond directed the Town of Oro Valley to negotiate with the property owner to acquire the property with County bond funds, pursuant to an intergovernmental agreement between Pima County and the Town of Oro Valley. This conceptual plan was initiated due to the concerns that the Town, Pima County, the Tohono O'Odham Nation, and the Arizona State Museum have about preserving the Village intact. This study delineates the suggested preserve area and provides recommendations for the management of the preserve. II. Site Analysis: A) History People have occupied the Tucson basin for more than 7,000 years. Honey Bee Village is one of a small set of settlements in the region that were established near the start of the Hohokam Cultural sequence (around A.D. 450-600) and were continuously occupied up to the thirteenth century. This prehistoric settlement has a cluster of 19 large mounds that surround a possible plaza, and a small ballcourt, and a walled enclosure, that may have contained rooms or a special use HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN • Introduction and Site Analysis commands panoramic vistas of the open space corridor of Honey Bee Wash and Big Wash and of the northwest side of the Santa Catalina Mountains. See Vicinity Map. The majority of the village site lies on a gentle northwesterly incline of approximately 2-3%. Steep slopes and drainages extending to the Honey Bee Wash to the east and north define the plateau. The vegetation is categorized as palo verde/mixed cacti subdivision of Sonoran Desertscrub habitat. Grasses, cholla, prickly pear and scattered trees and shrubs cover the site. The major vegetation on the core area includes ironwood, wolfberry, mesquite, acacia and palo verde. The Village developed on a flat plateau adjoining Honey Bee Wash. The Village site has magnificent eastern vistas of the Santa Catalina Mountains in the background and the richly vegetated Honey Bee/Big Wash floodplain in the foreground. The archaeological site boundary is mapped at approximately 75 acres. There is a 12.8 acre "core area" that has been surveyed and has had limited testing. That work identified a plaza, a ballcourt, human remains, and numerous buried houses and other associated features. The site area beyond the core is expected to have houses, associated features, and human remains, though density of those features may vary over the roughly 62 acres outside the core. The "core area" is scattered with mounds and surface artifacts. Artifacts are found on the surface of a large area beyond the identified core. The attached exhibit shows the distribution of surface debris as calculated by Desert Archaeology. The core area has the highest estimated density of subsurface archaeology based on surface artifacts, with the finger of land extending to the east also having a relatively high estimated density of remains. Areas of medium and low estimated density are also shown on the map. These areas, as well as the extent of the early settlement are shown on the Opportunities and Constraints Map. All signs of habitation are located on the more level surfaces of the site. As with contemporary homebuilders, these ancient residents used the portion of the site most easily built upon. Neighborhood 6 consists of 75 acres,but up to one third of the parcel is on land too steep to have been inhabited. Approximately 35 acres of the site fall within the estimated medium to high density of cultural remains. Recreational opportunities exist within the open space corridor of the Honey Bee Canyon and Big Wash for small numbers of hikers, equestrians, mountain bicyclists, birders, geology and archeology buffs. Honey Bee Park, and its related archaeological sites, is situated approximately one mile north of the village along Honey Bee Wash. Two regional trails listed on the Eastern Pima County Trails HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 3 • Introduction and Site Analysis System Master Plan connect with and provide access from the village to Honey Bee Park and Tortolita Mountain Park further to the northwest. Connections to Canada del Oro Wash to the south are also available. These trails include Trail #33 - Honey Bee Canyon and Trail #180 - WAPA Power Line. The Power Line trail offers more challenge to hikers due to its straight line path across the undulating terrain. The Honey Bee Canyon Trail follows the wash and is less strenuous. These two trails cross each other approximately 1/2 mile northeast of the site. 7: Y• ';`Ker•• . •."• 7, 414,fe• * At**, - yf a t t +T4 , i WS'8 JM ^ i}!'i9 r• . ... • flit d,LL b „�, dFll s 'a-4^ d.,°''9'd,Y' Y•a. x W V R 401 , ?f f• ' a` 'r'•_i E c 'ev. Figure 1: Typical Site Vegetation HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 4 , . Introduction and Site Analysis ,...,,.....„4„., .:' : ....-;•:--..',,'„3:47,,,,,,:it An, ,,,,,„,,,,,,„,----• ' ,,,,,,,,,,,tv-,,,-,:,-,-,--iz.,-,--- ..,'7,''', '_''''''-, •-' -''''-,'''''''''-' , ,, ,,,,iI- ,' , ,L ,- ',t-..,••--•,.!:, •,',,,.;,,,,,''' , ,,•. , , . 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I .••• ••. 41• 0 ltd CC, 1244 t,iM Feet Honey Bee Village Archaeological Preserve t)rT),► rl.i�►Y ,_ , , ,.. �. - Cw Lw+w.a•,i'„.+♦•r? 'twwee m'rlr.r• R',w.w«..,a�wr 6•.•N►Ta,.......L`� N Vicinity Map ° r,• ..... .., ..,r•se.awA.rk•..dsaa.RNN.,IrY•W*ksr•Vs+•�v DESERT ARCHAEOLOGY,INC. HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 9 Introduction and Site Analysis C) Existing Studies and Plans Several documents have addressed the value of this prehistoric village for its cultural value and for the community's. Archaeological Testing at Honey Bee Village,AZ BB:9:88 (ASM): In 1989 archaeological testing of the core area of the 75 acre village site was conducted by the Institute for American Research. They focused on a 12 acre area around the core features of the site. A series of backhoe trenches and limited test pits provided a glimpse of the lives of the earliest Oro Valley residents. They estimated that 250-300 pitstructures and 1,000 or more extramural features, such as cooking and roasting pits, hearths, and burials, are present in the central core of the area. A small ballcourt and a walled enclosure were also documented. Honey Bee Canyon Management Plan, Town of Oro Valley, 1994: Honey Bee Canyon Management Plan examined the length of the Honey Bee Canyon, considering vegetation, recreation, and cultural resource management. The document recommended the creation of a management plan to protect Honey Bee Village from modem development impacts. The plan suggested keeping the core intact and visible from the surrounding community to avoid vandalism. The Plan notes the opportunity to incorporate Honey Bee Village into a Honey Bee Wash trail system, connecting to Honey Bee Park and other cultural and recreational resources to the north. Focus 2020: Town of Oro Valley General Plan revised 1/13/2005: Policy 10: Archaeological and Historic Resources Goals and Policies: To preserve the unique archaeological, cultural, and historic resources within Oro Valley through identifying significant cultural resources, specifically Honey Bee Village, and preferably avoiding disturbance by preserving them in place. The Town shall identify appropriate strategies to protect archaeological and cultural resources. Other policies propose maximizing interpretive opportunities associated with cultural resources as a means of providing important insight into the heritage of the community and seek opportunities to exhibit artifacts to educate the public. HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 10 Conceptual Plan III. Honey Bee Village Conceptual Plan: A) The Planning Process The Town of Oro Valley formed a Key Group of stakeholders to work with CommunityByDesign and Desert Archaeology on the Preserve plan. Through a series of three meetings, the group explored the history of the land, the restrictions of the PAD and of the bond funds, the opportunities and constraints of the site, the objective of the group and a vision of the preserve. The group compared how other prehistoric sites have been integrated with development and considered what was best for the preservation of Honey Bee Village. Steve Solomon, a developer considering the purchase of Neighborhood 6 from Rancho Vistoso Partners, shared his plans for development and worked with the group on how to best integrate the preservation of the site with the economics of development. The group tasks included: o Define relationships with, and separations from, surrounding development: • Define preserve boundaries • Provide buffer/transition between commercial/residential uses and preserve area • Consider shared parking with commercial • Consider offering visitor amenities within commercial • P&R facility for management/interpretation/display • "Eyes on the Preserve" from neighborhood o Determine appropriate onsite activities: • Determine onsite activities (parking, trails, accessibility, interpretation, trash,benches, signage,...) • Develop preserve character • Consider trail materials/locations • Orientation point(ramada, interpretation, water)? o Consider long term preserve care and management • Recommendations for management The final meeting joined ideas from the discussions and analysis of the previous meetings and finalized the Conceptual Plan for the Honey Bee Village Archaeological Preserve as outlined in section IIID. Data used to analyze the site included topography, Neighborhood 6 boundary, and aerial photography from the Town of Oro Valley, archaeological and trail data from Pima County. Steve Solomon with Canada Vistas Homes provided his concepts of development for Neighborhood 6. HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 11 ' ' Conceptual Plan (4.- v9 ,e-,,,04-1,4,,,,,,,,,,,,,..,,,,,,,, , ,,,,,,,,,, „„r',,,,,:-.-,:,.-„,-::,..--,.---, -- ''' ''''---- - ' ,- -, , ,,,, ,„ F ,_,„ ,' ;�,�of �, ru � �, m��# � : 1 i !liar ' , ..x� , m y 9.Nom ea w r ,,. , . ........ , ,...,._. , .7 ,....;i1E,„110, , ,, ,, & ... . i ... �� q% s yJ # 1 100 e�' -: i„,W , c,I. ,,,,, ,,. , ; li. '4 1- ., r,,,,,,,„...c. .,), i , ,,,, ,,,,,,. ...:; '” . ,„ lir 1_ * ;w o +r r ,, ::,.,, , illilit ,4.,...- 84,,i.. .......,:....,„,,i .- 1. .4.„.....1,10_,:iiii, _.."..4,,,_ •, .....,,, tiwir „:„..0,,,,,.,,,, _ 4 r max` .... -....- %.- , 4 6:414 le. "; . A 14 '-4,107IP, *r. '-....r,,,,s--11 7 - -—''''''',. ' — 'VW ligr* a Figure 10: Team Members Discussing the Preserve Plan HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 1 2 Conceptual Plan B) Vision The Vision statement for the Preserve is: Honey Bee Village Preserve is an interpretive site retained in its natural state that embodies the conservation ethic of the Town of Oro Valley. The Preserve is a "Shared Place"for people to reflect on cultural values with a careful integration of managed public access and activities that are compatible with its conservation goals. Interpretive displays will tell its story, and provide a sense of place for this home that was inhabited by the ancestors of the Sonoran Desert's indigenous peoples. Discrete use of trails, signage, benches and ramadas will minimize disturbance and maximize interpretation. The Preserve will be seamlessly integrated with its surrounding development, and connected to the Town's adjoining open space areas through trails and pathways, that will serve to retain its unique natural and cultural values. C) Issues and Opportunities The second meeting of stakeholders found these were critical issues and opportunities for the future of the site: ISSUES • Currently the land has a high economic value • Potential loss of a key cultural site in Town(only intact one remaining) • The Town currently has no way to display artifacts or interpret the area's past • A large portion of Neighborhood 6 is on land with 25% or greater slopes, a limitation to development. • The site currently lacks protection o Existing development/roads/access o Pothunting • The land is entitled for intensive development by the approved Planned Area Development o Limited ability to direct development o Only ability to approve/not approve mitigation plan • Size of preserve (too small) • Difficult interpretability of site (subtle features) o Impacts & damage that has occurred o Any development will disturb human burials • Could be "loved to death" • Not to overdevelop site OPPORTUNITIES • Access and parking to site for visitors • Difficult interpretability of site (subtle features) • High cultural values HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 13 , . • Conceptual Plan • Relatively undisturbed • Easily accessible • Beautiful setting and viewsheds • Connections to natural areas/wash • High public support by Town and County ■ Unique site and resources to Town • Potential positive partnership in development and preservation ■ Focal point for neighborhood and Town • Development can provide parking/amenities/education • Town center opportunity as interpretive & landscape& what's important to them • Long term increase in economic value to development and Town— win/win • Fairly large open space/vacant area within & adjacent to site • Model for collaborative plan with developer, tribes, Town and neighbors • Close to schools for potential educational element with school district • Adjacent residents as "eyes on the preserve" surveillance • Large Town population as volunteer source for Arizona Site Steward Program, monitors who are selected, trained and certified by the State Historic Preservation Office and the Governor's Archaeology Advisory Commission to report destruction or vandalism of prehistoric and historic archaeological and paleontological sites in Arizona GOALS • Preserve the Site intact • Provide opportunities to display artifacts or interpret the area's past • Create connections to the surrounding natural areas and wash • Create partnerships in development and preservation of the site as a collaborative model with developer, Tribes, neighbors and Town • Develop the site as a focal point the for neighborhood and Town • Create program with schools for educational element • Provide opportunities for adjacent residents to serve as "eyes on the preserve" surveillance The Opportunities and Constraints Map shows the areas of 25% or greater slope (areas too steep to build on), the relative surface density of artifacts, the views and vistas from the site and nearby existing recreational opportunities. 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CK9'�I1kY°t raq e.alW°.rrera ar.3�.:aa^aaue+a ra+d as aarlar ilI Nu,a•C/1,+�1•ra^saM HI'P De.NwY+ii.�70R HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 15 • Conceptual Plan D) The Honey Bee Village Preserve Conceptual Plan The Honey Bee Village Preserve Conceptual Plan conceptualizes the preservation of the core of the archaeological site as depicted on the Opportunities and Constraints Map. The actual Archaeological Preserve, as finally determined through discussions with Pima County and Oro Valley, will include most, if not all, of the archaeological core area, a buffer, and a substantial frontage along Moore Road. The Preserve will be publicly owned and managed. See Conceptual Plan. An access control feature such as a gate or sign should connect to the entry feature near the parking area. Interpretive/educational signage at the entry is recommended to orient the visitors to the Town's rich heritage and alert them to the sensitivity of the Archaeological Preserve. A six foot wide meandering trail will circle within the Preserve's perimeter. Smaller internal trails, perhaps set over existing roads which track the site, will branch off of this main trail. The trails should be built up on top of the existing grade to limit impacts to the artifacts found below. Interpretive/educational opportunities, seating, and shade elements are recommended on the Preserve's trails. Night lighting is not recommended. Any construction or activity within the Preserve must limit disturbance to the site. Evidence of Oro Valley's ancestors are scattered along Honey Bee Wash, a thread of life for the local Hohokam people. Honey Bee Village Archaeological Preserve provides an opportunity for a recreational connection to the areas same rich history and natural beauty. The site views of the wash and the Santa Catalina Mountains are little changed from what the original residents experienced. The Preserve Plan recommends maintaining two unobstructed viewsheds from the preserve, one to the east and one to the northeast. Two recreational trail connections to the Power Line Trail and Honey Bee Wash Trail are suggested. These trails will allow non-motorized trekkers to connect to Honey Bee Wash, Honey Bee Park and Tortolita Mountain Park via the trails system. The right of public entry directly from the Preserve to the selected trail connection is critical to the success of the plan. The preferred connection for experienced hikers, as shown on the Conceptual Plan, is to follow a ridge line from the Preserve to where it intersects with the WAPA Power Line Trail. This route is relatively level and has been used for a road in the past. Of the three options proposed, this trail connection will involve the least expense and difficulty to develop and to maintain. There are two alternative connections to the Power Line Trail shown on the plan. The next preferred trail option, Alternative #2, follows the side of a narrow wash from the southeastern corner of the Preserve down to the Power Line Trail. This route is confining and will involve more complex construction and maintenance to address the steep, narrow wash. Alternative#3 follows a wash northeast from the Preserve to the Power Line Trail. This alternative is considerably longer, with areas of steep topography HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 16 • Conceptual Plan which will require construction of switchbacks. Development of this section will be the most difficult and costly to construct and to maintain. Any of these connections to Honey Bee Wash to the east will require that the trail system will be located on private property and will impact the property's future neighborhood and homeowners. A second connection to the Honey Bee Wash is proposed along the Moore Road alignment. Rancho Vistoso Partners plan to extend Moore Road to the east and this suburban walk will be on the sidewalk. This trail will be suitable for less active walkers, children and the physically disabled. A permanent"fence" and/or"low wall" should be put in place around the perimeter of the Preserve on the adjoining property to separate uses. If a solid wall is used, it should not exceed 42" in height and should be constructed of an appropriate natural material consistent with the historical nature of the Preserve. Any higher fencing should be visually open, such as wrought iron or steel bars. These walls allow the surrounding property owners to keep their"eyes on the preserve." The open walls also allow the Preserve visitors to maintain the visual connection to the mountain and valley vistas as the early residents experienced it. No access directly from individual yards to the Preserve will be permitted. Instead, limited controlled access to the Preserve from the anticipated residential community will be appropriate. The Preserve is best accessed by the public from Moore Road and/or the likely commercial development along Rancho Vistoso Boulevard. Parking for automobiles and bicycles will be shared with the anticipated future commercial development. The provision of amenities for visitors is best provided by the commercial development. The inclusion of public restrooms and a drinking fountain is a potential benefit for the businesses, inviting more potential customers to their establishments. The donation of space to the Town of Oro Valley for an interpretive exhibit, and representations of select site features would be a benefit for the commercial tenants through increased site traffic, and a cultural and educational benefit to the Town. Conversations with Steve Solomon, a potential buyer of the land, determined that he would be willing to offer such an arrangement with the Town. Inclusion of representations of early habitations and a plaza for Town celebrations within the commercial development provides a nice synergy for both uses. HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 1 7 i . a , ' Conceptual Plan � 1p meg, „ _.„....t, , }r,,,,. ,,--,s 'i�"`°� a ,. itit _,1614-'11, :', ,,. r '.' H fir° '1.4.._ e:',#. ." '.,mow• � '�._ . ,,, ,g r ,. X Jk tom;s"` �,*a.,r+s a. rt T"„rt sr'i '.* .Atr �: :;� rs t�, n .;004z S rbur an ath to None` See rail �&Wn„*' `t : ! , sa. �A` '[ `° ” ,..„3, ., , ,..,...,,,,,,,....„„ ;° e...�'.77 fi#'f , ,..,,,.. „r,,., . y ''' t . . f4j�,� tr- "I'ut.,,,-,5„,...„..,„,... ....72'..,,,,,..,,, ��r � r Line 'rail along Road y, • p + it.-,.,,,,k., w �> 1 a `.1 si1 � xi�f P a 4 ) .YA2 C a '�.ort 6 Yys ...,Ili% — .4--,-, #n't .w q �z_ 4!+:rk,a„. ,-.Yt '.,,,, ,...s.�'y'.v.t'.`'a*,s° ,c,..„,,, a .,.:�,. ,�,..:: `%At”'`'.. N ",”„� r..y^ w.�,r .�..a$`,..” 10a *� t ..,,,,,,„,..,:0°-'-**; 6^` s^d4 , w'1P"4k�`"o, 3. 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Car' scars+ty tw,wat>..erw••.� .w, ,+» t« .rc a w..""Yrrv':* HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN is a � Conceptual Plan E) Management Recommendations • Create an interpretive brochure to begin communicating the general plan for the Honey Bee Village Preserve. There should be community awareness of the process from the outset. • Prepare a detailed archaeological map of the surface within the core area in order to document all previous disturbance factors (roads, bulldozer pushes of vegetation, tree holes, erosion areas, etc.) that should be addressed during preserve planning. • Archaeological information derived from the site outside the core shall be used to refine planning for the core preserve. This information may also facilitate identification of additional areas outside the core that can be preserved. Such additional preservation areas should be protected by covenants that are recorded with the property deeds. Close communication between the archaeologists,Native Americans, Oro Valley, Pima County, and the developer should continue throughout this process. • Integrate archaeologists, Tohono O'odham representatives, the Oro Valley Historical Commission, Pima County, and the interested public in preserve planning. • Trails within the preserve should make use of previously disturbed areas where possible in order to minimize impacts to intact archaeological deposits. • Develop a restoration plan to backfill or otherwise stabilize mapped previous disturbances. Implement this restoration plan in a manner that minimizes additional damage to intact archaeological deposits. This plan shall be reviewed by Pima County, Oro Valley, and the Arizona State Historic Preservation Office. Archaeological monitoring should occur during implementation of the approved plan. • Signs used at the entrance to and within the preserve should address broad issues. They could provide maps, for example, that would indicate where neighbors would have lived at different times in the past. They should be used to set the stage for a quiet and introspective journey through the natural and cultural space preserved here. • Develop a nearby,but off-site, interpretive program that displays artifacts, offers interpretive visualizations, places the site in context, and conveys a preservation ethic. Use state-of-the-art techniques. • Develop an operations and maintenance program that includes education of all paid personnel and volunteers. Authorization for volunteers or employees to go off the prepared trails shall be contingent on having received the appropriate training regarding the preservation practices of this preserve. • Establish a regular program of inspection of the preserve by Arizona Site Stewards (at least monthly). In addition, there shall be at least one annual inspection by a professional archaeologist. A professional archaeologist should also be available on an on-call basis to respond to any problems identified by Site Stewards. HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 19 Conceptual Plan • During operations there will be occasional issues such as when erosion or small animal excavations serve to expose something sensitive such as human remains. • There may need to be small excavations that focus on the very limited areas of planned disturbances associated with implementing the preserve. For example, signs, benches, or ramadas could all involve limited subsurface disturbances that might require excavations of comparable scale. • The goal of the Archaeological Preserve is the in situ preservation of the archaeological features, deposits, and artifacts. There may be an interest in future archaeological research that may include archaeological collections or excavations. Any archaeological investigations purely for research purposes that require excavations or collections are not encouraged but may be allowed under exceptional circumstances as future conditions dictate. Any future archaeological research at the Preserve that requires collections or excavations must be agreed to by all stakeholders, be to the highest prevailing ethical and scientific standards, and be fully permitted and approved by the appropriate agencies. HONEY BEE VILLAGE ARCHAEOLOGICAL PRESERVE CONCEPTUAL PLAN 20 TOWN OF ORO VALLEY 9 Page 1 of 3 COUNCIL COMMUNICATION MEETING DATE: 07/06/05 TO: HONORABLE MAYOR AND COUNCIL FROM: MELINDA GARRAHAN, TOWN ATTORNEY SUBJECT: DISCUSSION ABOUT AMENDING COUNCIL PROCEDURES TO LIMIT DEBATE for limitingdebate is two fold, to persuade the members of a legislative body to SUMMARY: The purpose remain on topic, and to expedite Council meetings. However, a global rule applying to all Council members pp and all debate should be approved with caution since there are times when such a strict rule may hamper the public discussion and decision making process contemplated by the Open meeting Law. Town Clerk surveyed a number of Arizona cities and towns on this topic The and it appears that limiting y council debate in Arizona isaccomplished in different ways. Of all the Arizona cities and towns surveyed only Chandler has adopted strict time-limit rules. Please find below a summary outlining the debate limitation spectrum of some Arizona cities and towns surveyed: • Bullhead City: Generally,uses Robert's rules and the call for the question to limit debate. • Bisbee: Uses their own rules, similar to Robert's rules, where any council member may move to limit debate by a motion, second and a majority vote of the council. • Chandler: Uses a Chandler specific rule allotting time for Council members and the public to present their positions and concerns. Utilizes a rule grantingthe chair the ability to cut off repetitive discussion. • Avondale: Additionally, Avondale has a provision to limit debate by motion, second and a majority council vote similar to Robert's rules. all of the cities and towns surveyed The common thread among is that council discussion is limited through a combination of Robert's rules and specifically adopted municipal rules. Similar procedures are also currently available to the Mayor and Town Council. The one basic reason that the Town's rules may seem less effective is because of the manner in which the Town Council currentlyproceeds to debate. At present the Town allows debate both before and after a motion and on anyaction item. Allowingdebate before the motion is inconsistent with Robert's rules and the Oro second Valley Town Council rules limiting debate. These rules are predicated on the requirement that debate not occur until after a motion is made with a second. Put another way, a council member cannot limit debate with a "call for the question" if a motion has not yet been made. One option would be to amend the Council Rules and Procedures to require a motion and second before any debate on an action item. Byholdingall debate until after a motion and second, thereafter any council member 2 may "call for the question" (a non debatable motion). If the call for the question is supported by a /3 J su erma'orit of the council, then the council must proceed directly to a vote on the applicable agenda action supermajority item. For non action items, or discussion items, the "call for the question" is not operative since there is no For question/motion pending. Consequently, for non action items a structured approach may be better suited. p g q suchagendamay items the Council adopt procedural rules to limit question and discussion along the following: TOWN OF ORO VALLEY Page 2 of 3 COUNCIL COMMUNICATION MEETING DATE: 07/06/05 For non action agenda items the Mayor and Town Council shall adhere to the following: 1. Introduction of non action agenda item. 2. Brief opening statements by the individual introducing the item limited to minutes to explain and advocate his/her position on the agenda item. 3. Staff report, if any, by the appropriate staff member limited to minutes. 4. In an order determined by the Chairperson each Council Member, other than an introducing Council member in turn shall then be allowed minutes to comment or ask a question. S. The Chairperson is then allotted minutes to summarize the introduction and comments for staff and the public. 6. Finally, the matter is closed and the Chairperson shall move on to the next agenda item. Another option would be for the Town to take a structured approach similar to Chandler on agenda action items as well. Chandler's adopted structure applies to only public hearings. However, the same structure may be applied to only public hearings or to all action items at the pleasure of the Council. An adaptation of Chandler's procedure is as follows: The following shall be the procedure during public hearings (or for any agenda action item): 1. Introduction of action agenda item. 2. If necessary, a brief opening statement by the proponent initiator explaining and advocating the item limited to minutes. 3. Staff report by the appropriate staff member(s) with relevant questions from Council members limited to minutes for the staff report and minutes per Council member for questions. Any Council member may yield all or a portion of their time to another Council member under this section. 4. Motion and second. S. (For public hearings) Testimony by members of the public in support the item limited to 3 minutes per member of the public with an aggregate total time limit of 6. (For public hearings) Testimony by members of the public in opposition of the item limited to 3 minutes per member of the public with an aggregate total time limit of 7. Review of written communication filed with the Town Clerk. TOWN OF ORO VALLEY Page 3 of 3 COUNCIL COMMUNICATION MEETING DATE: 07/06/05 8. Discussion by Council members. The Chairperson shall determine the Council member speaking order to exclude an introducing Council member. Each Council member shall have only one opportunity to speak limited to minutes. 9. Brief closing statement made by the proponent initiator limited to minutes. 10. Motion to amend(if any) as limited by number 7 of this rule. 11. Vote. Conclusion: As provided above, generally enerall the purpose for limiting debate is two fold, to persuade the members of a legislative bodyto remain on topic, and to expedite Council meetings. This communication provides some g options that the Council may consider in their discussion this evening. In The Alternative: After a brief discussion, the Council may wish to continue this item to a Study Session or to the upcoming Council retreat agenda. ATTACHMENT: A copyof the survey materials provided to the Town Clerk to include a copy of the Council Rules and Procedures for the City of Chandler. / / eli .. Garrah-n T n ,f. P rney r / (14 ' ' 11 uck Sweet Town Manager Kat Cuvelier Town Clerk Message rage 1 of ' Cuvelier, Kathryn From: Cuvelier, Kathryn Sent: Wednesday, September 22, 2004 4:38 PM To: Culver, Conny Subject: Limiting Debate among Council Members Hi Conny, Just wanted to get back you with information I have received so far regarding how other cities/towns c to handle limiting debate among Council Members. I sent an e-mail to a mem ber of Toastmasters and am waiting to hear back from her to see if she would want to observe a meetingor 2 or if she had any suggestions for limiting debate. Y I sent an e-mail to all the cit /town clerks in Arizona asking them the following question: "I am wondering if any of your city/town councils "vote to limit debate"during their council meetings. Do have Council ru/es regarding "limiting debate"during a council meeting? If you do, any of your cities/towns9 9 . me know how the policyis worded or what the Council does to "limit debate"during a would you please let meeting." Most cities don't regarding seemto have anyrules this, so I didn't get very many responses, but here is what I have received so far: y Bullhead City - "Our Mayor calls for a motion before she will allow a council member to begin . she is verystrict about it." "If the discussion (debate) is getting meaningless or discussion and stalemated, then a council l member can soy, I make a motion to Call for the Previous Question. It takes a They second to the motion. have to vote (needs 2/3rd vote). This stops the debate. They they vote on the original motion that started all the debate." (This is only effective when there is a motion on the floor.) Bisbee "The presiding officermay debate and vote, etc. The Mayor or council member that is presiding may move, second,and debate from the Chair, subject only to such limitations of debate as are imposed on all members." - "Procedures for Debate. On those issues requiring debate, the presiding officer shall state the Chandler Council and maycall for a motion and second thereon. Council members shall be allotted issue before the positions ositions and concerns." A motion and second on the issue will be in order at any time to present time during Council discussion. Discussion may continue after the motion is made for such period of time as is authorized elsewhere in these rules." The Mayor or member of the Council that is, presiding may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members." "Motion for Previous Question. The purpose of this motion is to close debate on the main motion. It is undebatable, and no further discussion shall be permitted until the motion is acted upon. If the motion fads, debate is reopened: if motion passes, then the Council shall vote on the main motion." 9/22/2004 age Message. r "Discussion by Council members. The order of recognition of Council members desiring to speak other than item Council member who authored the i em shall be determined by the chairman. Each council member shall be allowed one opportunity only speak to and shall be limited to a maximum of three (3) minutes." (This could be added to our Council rules, but has to be voted on by the Council.) speak- Any council member desiringto s eak shall address the presiding officer and, upon recognition speak. The presidingofficer shall not unreasonably withhold such by the presiding officer, may presiding officer choose to not recognize similar or repetitive recognition; however, the p gmay discussions or motions which would delay the meeting." "When a motion is made and seconded, presiding the residin officer shall ensure that the debate is confined to the motion." "The City Council may agree to limit debate onmatter before it. A limit may be formalized by a any majority vote of the city council, presiding or the residin officer, with the consensus of a majority of the citymay council, announce time limits on any Agenda item." callforaprevious question on any issues under debate. The call for "Any council member may a second and then receive at least a two-thirds vote. Passage of a previous question must receive motion. The citycouncil theprevious question terminates all debate on the original motion to address shall immediately vote on such motion." limit debate among you can see, in all instances, to the council members must be agreed on and voted on Then the presidingofficer can enforce what has been agreed on. by the council members. f you are successful in getting the Council to agree to limit their debate, Hope this information is helpful. I your meetings will be a lot shorter! Good Luck! Kathi Cuvelier 9/22/2004 Page l of 1 • Cuvelier, Kathryn From: Diane Hellmann [CITYCLRK@bullheadcity.com] Sent: Monday, September 20, 2004 12:40 PM To: Cuvelier, Kathryn Subject: RE: Limiting Debate No. Our Mayor calls for a motion before she will allow a councilmember to begin discussion and she is very strict about it. >>>"Cuvelier,Kathryn"<KCuvelier@orovalley.net>09/20/04 10:09AM>>> OurP roblem is that our Mayor allows discussion before a motion is made. Does that happen with your council? Original Message From: Diane Heilmann [mailto:CITYCLRK@bullheadcity.com] Sent: Monday, September 20, 2004 8:45 AM To: Cuvelier, Kathryn Subject: Re: Limiting Debate We use Robert's Rules of Order. If the discussion (debate) is getting meaningless or stalemated, then a Councilmember can say, I make a motion to Call for the Previous Question. It takes a second to the motion. They have to vote (needs 2/3rd vote.) This stops the debate. Then they vote on the original motion that started all the debate. Hope this helps! >>>"Cuvelier,Kathryn"<KCuvelier@OROVALLEY.NET>09/17/04 08:58AM>>> Hi all, I am wondering if any of your city/town councils"vote to limit debate" during their council meetings. Do any of your cities/towns have Council rules regarding"limiting debate"during a council meeting? If you do, would you please let me know how the policy is worded or what the Council does to"limit debate"during a meeting. Thanks for your assistance, Kathi Cuvelier Oro Valley Town Clerk This list is a public service of the City of Tempe,Arizona Subscription control-http://www.tempe.gov/lists/control.asp?list=AZCLERKS To post-AZCLERKS@LISTSERV.TEMPE.GOV Archives-http://interactive.tempe.gov/archives/AZCLERKS.html This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. —Town of Oro Valley Information Technology Division This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 9/20/2004 rage lotl Cuvelier, Kathryn • ......................................................................................... From: Diane Heilmann [CITYCLRK@bullheadcity.com] Sent: Monday, September 20, 2004 8:45 AM To: Cuvelier, Kathryn Subject: Re: Limiting Debate We use Robert's Rules of Order. If the discussion (debate) is getting meaningless or stalemated, then a Councilmember can say, I make a motion to Call for the Previous Question. It takes a second to the motion. They have to vote (needs 2/3rd vote.) stops sto s the debate. Then they vote on the original motion that started all the debate. Hope this helps! >>>"Cuvelier,Kathryn"<KCuvelier@OROVALLEY.NET>09/17/04 08:58AM>>> Hi all, I am wondering if any of your city/town councils"vote to limit debate" during their council meetings. Do any of your cities/townshave Council rules regarding"limiting debate"during a council meeting? If youdo, would you please let me know how the policy is worded or what the Council does to"limit debate"during a meeting. Thanks for your assistance, Kathi Cuvelier Oro Valley Town Clerk This list is a public service of the City of Tempe,Arizona Subscription control-http://vwvw.tempe.gov/lists/control.asp?list=AZCLERKS To post-AZCLERKS@LISTSERV.TEMPE.GOV Archives-http://interactive.tempe.gov/archives/AZCLERKS.html This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 9/20/2004 rage loti • Cuvelier, Kathryn .................................................................. . . ...................................... From: Helen Lehr- Bisbee City Clerk [hlehr@cityofbisbee.com] Sent: Friday, September 17, 2004 11:29 AM To: Cuvelier, Kathryn; 'Mary Rose Evans' Subject: "Rules of Debate" Hi. Bisbee has an ordinance that was passed in 1991 that is termed the "Council Meeting Procedures" ordinance. It has been amended from time to time but the"Rules of Debate"section has never been amended. I'll type it out for you as I don't have it on my computer: From City of Bisbee Ordinance 0-91-29: Rules of Debate a. The presiding may officer debate and vote, etc. The Mayor or Council member that is presiding may move, Y second, and debate from the Chair, subject only to such limitations of debate as are imposed on all members. The presiding officer shall not be deprived of any of the rights and privileges of a Council member. b. Getting the improper floor for im er references is to be avoided. Every member desiring to speak shall address the presiding officerupon recognition and by the same, shall confine himself/herself to the question under debate, avoiding all indecorous language and reference to personalities. c. Interruptions - A member once recognized, shall not be interrupted when speaking unless it is to call him/her , to order. If a member, while speaking, is called to order, he/she shall cease speaking until the question of order is determined and if, in order, shall be permitted to speak. d. Personal pg right e -The ri ht of a Council member to address the Council on a question of personal privilege shall be limited tocases in which his/her integrity, character or motives are questioned, or where the welfare of the Council is concerned. A Council member may interrupt another speaker if the presiding officer recognizes the privilege. Hope this helps! Helen Lehr City Clerk City of Bisbee ....... ..... .......... ... ... . ..... .... ...... .......... ...... ............ . This E-mail has been scanned byMcAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 9/17/2004 • Cuvelier, Kathryn From: Pat Sullivan [PSullivan@ci.sedona.az.us] it: Friday, September 17, 2004 9:30 AM Cuvelier, Kathryn Subject: Re: Limiting Debate Kathi: We don't. I sure wished we did, sometimes. Pat >>> "Cuvelier, Kathryn" <KCuvelier®OROVALLEY.NET> 09/17/04 08:58AM >>> Hi all, I am wondering if any of cit /town councils "vote to limit debate" during their council meetings. Do your city /town ofyour cities/towns have Council rules regarding "limiting debate" during a council meeting? If you please let me know how the policyis worded or what the Council does to "limit debate" do, would you during a meeting. Thanks for your assistance, thi Cuvelier caro Valley Town Clerk This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.govilists/control.asp?list=AZCLERKS P p To post - AZCLERKS@LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKahtml i has been scanned byMcAfee WebShield and is delivered to you virus free. Infected This E-mail attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kathryn From: Margie Brown [mbrown@ci.flagstaff.az.us] it: Friday, September 17, 2004 10:12 AM Cuvelier, Kathryn Subject: Re: Limiting Debate Kathy, Flagstaff does not limit debate when it comes to our Councilmembers. We also do not set time limits on The onlything we do is limit the public to three the hearingof controversial items (unfortunately!). i the Council and theymayaddress the Council only once on an agenda minutes per speaker for addressing item. Good luck. Margie (928-779-7607) >>> "Cuvelier, Kathryn" <KCuvelier@OROVALLEY.NET> 09/17/04 08:58AM >>> Hi all, I am wondering if any of your cit /town councils "vote to limit debate" during their council meetings. Do any of your cities/towns haveregarding Council rules re ardin "limiting debate" during a council meeting? If you me know how the policyis worded or what the Council does to "limit debate" would you please let during a meeting. Thanks for your assistance, Kathi Cuvelier Oro Valley Town Clerk This list is a public service of the City of Tempe, Arizona Subscriptioncontrol - htt ://www.tem e.gov/lists/control.asp?list=AZCLERKS p p Top ost - AZCLERKS®LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html This E-mail has been scanned byMcAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. Page 1 of 3 RE: Limiting Debate Cuvelier, Kathryn From: Carmen Martinez [cmartinez@avondale.org] Sent: Friday, September 17, 2004 9:17 AM To: Cuvelier, Kathryn; Mary Rose Evans Subject: RE: Limiting Debate Good Morning, Here' s from our Council Rules of Procedure: 9,2 ORDER AND DECORUM A. Council Members: 1. Any Council Member desiring to speak shall address the Presiding Officer and upon recognition by the Presiding Officer, may speak. The Presiding Officer shall not unreasonably withhold such recognition; however, the Presiding Officer may choose to not recognize similar or repetitive discussions or motions which • would delay the meeting. 2. When two or more Council Members wish to speak, the Presiding Officer shall determine the order of speaking and recognize the first speaker. 3. While a Council Member is speaking, no other Council Member shall interrupt except to make a point of order or point of personal privilege. 4 . When a motion is made and seconded, the Presiding Officer shall ensure that the debate is confined to the motion. 5. The City Council may agree to limit debate on any matter before it. A limit may be formalized by a majority vote of the City Council, or the Presiding Officer, with the consensus of a majority of the City Council, may announce time limits on any Agenda item. 6 . Any Council Member may call for a previous question on any issues under debate. The call for previous question must receive a second and then receive at least a two-thirds vote. Passage of a motion to address the previous question terminates all debate on the original motion. The City Council shall immediately vote on such motion. 7 . The City Council will not tolerate harassment, personal attacks or discrimination against each other or by members of appointed Boards, Commissions or Committees . No one should be subject to unwelcomed verbal or physical conduct that shows hostility based upon gender, race, ethnicity, sexual orientation, religion, age, disability or national origin. Any City Council appointee who violates this provision will be subject to removal . 8 . If a Council Member acts in violation of these rules, the Presiding Officer shall, or any Council Member may, call that Council Member to order. The Council 9/17/2004 RE: Limiting Debate Page 2 of 3 Member so called shall immediately cease speaking, but may appeal to the City Council. The City Council shall decide the appeal without debate. If the appeal is granted, such Council Member may continue speaking. If the appeal is denied, such Council Member shall remain silent. Any Council Member acting in violation of these rules is subject to censure or other punishment as the City Council, by a three quarters vote of the other Council Members present, deems just and proper under the law. Carmen Martinez Deputy City Clerk City of Avondale 11465 West Civic Center Drive, Suite 200 Avondale, AZ 85323 623-478-3034 / 623-478-3804 (fax) Original Message From: Arizona Clerks Information Exchange [mailto:AZCLERKS@LISTSERV.TEMPE.GOV] On Behalf Of Cuvelier, Kathryn Sent: Friday, September 17, 2004 8 :59 AM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Limiting Debate Hi all, I am wondering if any of your city/town councils "vote to limit debate" during their council meetings . Do any of your cities/towns have Council rules regarding "limiting debate" during a council meeting? If you do, would you please let me know how the policy is worded or what the Council does to "limit debate" during a meeting. Thanks for your assistance, Kathi Cuvelier Oro Valley Town Clerk 9/17/2004 CITY COUNCIL RULES AND PROCEDURES CITY OF CHANDLER, ARIZONA SECTION I - RULES OF JOURNAL: The Council shall determine its own rules, order of business, conduct of , public meetings,s and shall provide for keeping a journal of its proceedings. This journal shall be a public record. SECTION II - MEETINGS: The Council shall meet regularly twice each month. Regular meetings will be held on the second and fourth Thursday of the month. Study Sessions will be held on the preceding Monday. Study sessions and regular meetings be held at 7:00 p.m. in the Council Chambers. Special meetings may be will held on the call of the mayor or of four or more Council members. All meetings shall be public. Executive sessions may be held for the purposes allowed bylaw. Presessions or briefing sessions are permissible to brief Council members on the items included on the agenda. Notices of meetings include the time, place and agenda and will be sent to the press and will posted in apublic place at least twenty-four hours in advance of the meeting. In case of an emergency, notice will be as long as is reasonable under the circumstances. (4-12-84, 8-20-84) SECTION III - AGENDA: All reports, communications, ordinances, resolutions, contract documents, and other matters to be submitted to the Council shall be delivered City Managerprior the to 5:00 p.m. on Tuesday of the week prior to the Council meeting at which they are to be submitted. The City Manager shall list the matters according to the order of business and furnish each member of the Council, the City Attorney, and department heads with a copy of the agenda prior to the Council meeting, as early as possible. No item shall be submitted P to the Council, except through the City Manager, however, any member of the public, any member of the Council or the City Manager may submit items to the Council duringthe Council meeting at the time provided in the order of business. SECTION IV - PRESIDING OFFICER - DUTIES: Mayor shall be the presiding officer of the Council. The presiding The y preserve shall strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order. Anydecision or ruling of the Mayor may be appealed to the Council as a whole byrequest of any member. The Mayor shall call for roll call to see if the chair shall be upheld; if the roll call loses, the Mayor is reversed. SECTION V - CALL TO ORDER - PRESIDING OFFICER: The Mayor, or in his absence, the Vice Mayor shall call the Council to order at the scheduled meeting time. In the absence of the Mayor or Vice Mayor, the CityClerk shall call the Council to order. A temporary chairman y then shall be elected by the members of the Council present. When the Mayor or Vice Mayor arrives, the temporary chairman shall relinquish the chair when the business immediately before the Council is finished. SECTION VI - ROLL CALL: Beforeroceedin with the business of the Council, the City Clerk shall p 9 call the roll of the members, and the names of those present shall be entered in the minutes. Members of the Council may attend a Council meeting by telephone if theyare too ill to attend or are out of state. Members will provide the City Clerk with at least eight (8) hours notice of their intent to attend a meeting by telephone. In no event shall more than three (3) council members attend a council meeting by telephone. When a member of the Council attends a meetingby telephone,tele hone, the City Clerk shall state for the record the member of the Council who is attending the meeting by telephone, and the City Attorney shall describe thep rocedures followed to provide the public access to all communications during the meeting. (R-3071 , 6-10-99) SECTION VII - QUORUM: A quorum shall consist of a majority of the members of Council; however, no action of the Council shall be valid or binding unless adopted by the affirmative vote of four or more members of the Council. SECTION VIII - ORDER OF BUSINESS: a) The order of business at all regular meetings shall ordinarily be as follows: 1) Call to Order 2) Roll Call 3) Invocation 4) Pledge of Allegiance 5) Scheduled Public Appearances 6) Unscheduled Public Appearances 7) Consent Agenda 8) Action Items 9) Public Hearings 1 0) Petitions 11) Special Orders of the day (a) Mayor's Announcements (b) Council Members' Announcements (c) City Manager's Announcements 12) Executive Session 13) Adjournment The Council may, by majority vote, consider items out of sequence from the printed agenda. g b) The consent agenda matters are routine and may be adopted by one motion. There will be no discussion of separate items, unless members of the CityCouncil, staff, or the public requests that a specific item be discussed or removed from the consent agenda for individual consideration. c) Procedures for public hearings are discussed in Section XV. d) Procedures for submitting petitions are discussed in Section XVI. e) City If the Council wishes to adjourn to a later time, the Council must pass a motion specifying the date and time to which the regular meeting is being adjourned. A motion to adjourn shall always be in order except during roll call. When a motion is made and seconded to adjourn, any member of the Council may state why it is improper for the Council to adjourn. That statement, however, shall .be debatable and shall not take more than two minutes. SECTION IX - PROCEDURES FOR DEBATE: On those issues requiring debate, the presiding officer shall state the issue before the Council and may call for a motion and second thereon (9-27- 8 ) by 4 . Unless Council consensus determines no report is necessary, staff shall report on the issue and will respond to Council questions. Council members shall be allotted time to present their positions and concerns. Interested members of the community shall also have an opportunity to express their positions on any issue coming before the Council. Section XI p covers the proper method of addressing the Council. Council may limit the amount of time allotted for discussion. (3-24-83) A motion and second on the issue will be in order at any time during Council discussion. Discussion may continue after the motion is made for suchP eriod of time as is authorized elsewhere in these rules. (3-24-83, 9-27- 84) SECTION X - RULES OF DEBATE: a) PRESIDING OFFICER MAY DEBATE AND VOTE, ETC. The Mayor or member of the Council that is presiding may move, second and debate from the chair, subjectonly to such limitations of debate as are imposed on all members. The presiding officer shall not be deprived of any of the rights and privileges of a Council member. b) GETTING THE FLOOR - IMPROPER REFERENCE TO BE AVOIDED. Every member desiring to speak shall address the chair, and upon the Ev y question under debate, avoiding all personalities and indecorous language. c) INTERRUPTIONS. A member, once recognized, shall not be interrupted when speaking unless it is to call him to order. If a member, while p 9 speaking, is called to order, he shall cease speaking until the question of order is determined, and, if in order, he shall be permitted to proceed. d) PERSONAL PRIVILEGE: The right, of a Council member to address the Council on a question of personal..privilege shall be limited to cases in which his integrity, character or motives are questioned, or where the welfare of the Council is concerned. A Council member may interrupt another speaker if the Mayor recognizes the "privilege". e) PRIVILEGE OF CLOSING DEBATE: The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. SECTION XI - ADDRESSING THE COUNCIL: Any person wishing to address the Council shall first secure permission of the presiding residin officer to do so. The Council may limit the length of time that a person is permitted to address the Council. WRITTEN COMMUNICATIONS. Interested parties or their authorized representatives mayaddress the Council by written communications in regard to matters under discussion. ORAL COMMUNICATIONS. During the proper time on the agenda, taxpayers or residents of the City, or their authorized representatives, may address the Council on any matter concerning the City's business, or any matter over which the Council has control. Oral presentations shall not be repetitious and shall be confined to five minutes maximum duration. AFTER MOTION MADE. No person shall address the Council after a motion is made without first securing the permission of the Council to do so. SECTION XII - DECORUM: a) BY COUNCIL MEMBERS. While the Council is in session, the members mustp reserve order and decorum. A member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council not disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided. b) BY PERSONS. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Council, or who interferes with the order of business before the Council, and who fails, upon request of the presiding officer to cease such activity, shall be barred from further audience before the Council, unless permission to continue is granted by a majority vote of the Council. SECTION XIII - ENFORCEMENT OF DECORUM. The City Manager shall appoint a sergeant-at-arms at the Council meetings. He, or they, shall carry out all orders and instructions given by the presidingofficer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at arms, to remove any person who violates the order and decorum of the meeting. SECTION XIV - VOTING: a) ROLL CALL. All votes shall be by roll call. b) PRECEDENCE OF MOTIONS. When a motion is before the Council, no motion shall be entertained except: (1) to adjourn, (2) to fix hour of adjournment, (3) to lay on the table, (4) for the previous question, (5) toost one to a certain day, (6) to refer, (7) to amend, (8) to p p postpone one indefinitely or to (9) divide the question. These motions shall have precedence in the order indicated. c) AMENDMENTS. No more than one amendment to an amendment is permitted. When an amendment is before the Council, the Council shall vote first on the amendment. After the amendment has passed or failed, the Council shall vote on the main motion. d) MOTION TO TABLE. The purpose of this motion is to temporarily by- pass ass the subject. A motion to lay on the table is undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. e) MOTION FOR PREVIOUS QUESTION. The purpose of this motion is to close debate on the main motion. It is undebatable, and no further discussion shall be permitted until the motion is acted upon. If the motion fails, debate is reopened; if motion passes, then the Council shall vote on the main motion. f) DIVISION OF QUESTION. If the question contains two or more divisible propositions, the Mayor may, or upon successful motion of the Council, shall divide the same. g) WITHDRAWAL OF MOTION. When a motion is made and seconded, it shall be so stated by the Chair before debate commences. A motion may not be withdrawn by the mover without the consent of the member seconding it. h) CONFLICT OF INTEREST. Council members shall abide by the provisions of A.R.S. Chapter 38, Article 3. When a Council member determines he or she has a conflict of interest, he or she shall announce such conflict and refrain from discussing or voting upon the matter. i) COUNCIL MEMBER REQUIRED TO VOTE. Council members are required to vote on all issues placed before them. A failure to vote or a voluntary abstention shall be counted an "aye" vote unless excused by State Conflict of Interest Laws. j) RECORDING VOTES; TIE VOTES. The Journal of the proceedings of the Council shall record individual's votes on all ordinances, resolutions, and franchises. In the case of a tie in votes on any motion, the motion shall be considered lost. k) MOTION TO RECONSIDER. A motion to reconsider any action taken by the Council may be made at any session not later than thirty (30) days after the action was taken. A motion to reconsider must be made by one of the prevailing side, but may be seconded by any member. A question failing by virtue of a tie vote may be reconsidered by motion of any member of the Council. (9-25-86) SECTION XV - PROCEDURE FOR DEBATE DURING PUBLIC HEARING: The following shall be the procedure during public hearings: 1) Brief opening statement by the proponent Initiator explaining and advocating the item (maximum of five (5) minutes). (9-27-84) 2) Staff report, if any, by the appropriate staff members and relevant questions by Council members limited to five (5) minutes with the right of any other member to yield all or a portion of such member's time. (9-27-84) 3) Motion and second. (9-27-84) 4) Testimony by members of the public who support the item (maximum of fifteen (15) minutes total for all opponents). (9-27- 84) 5) Testimony by members of the public who oppose the item (maximum of (15) fifteen minutes total for all opponents). (9-27- 84) 6) Written Communications filed with the City Clerk. 7) Discussion by Council members. The order of recognition of Council members desiring to speak other than the Council member who authored the item shall be determined by the chairman. Each Council member shall be allowed one opportunity only to speak and shall be limited to a maximum of three (3) minutes. (9-27-84) 8) Brief closing statement by the proponent Initiator (maximum of five (5) minutes). (9-27-84) 9) Motion to amend (if any). 10) Vote. SECTION XVI - PETITIONS: Any citizen of the City may appear before the Council at any regular meeting and present a written petition. The petition shall be acted upon by the Council, in the regular course of business, within thirty days. Petitions, remonstrance' s, communications and comments or suggestions from citizens present, shall be heard by the Council. All such remarks shall be addressed to the Council as a whole, and not to any member thereof. No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer. No question shall be asked a Council member except through the presiding officer. SECTION XVII - ORDINANCE - EMERGENCY CLAUSE Ordinances shall be prepared as provided for in Sections 2.13 through 2.16 of the City of Chandler Charter. Emergency shall be further defined as not including any routine matter such as establishment of fines or penalties, the authorization for contracts, rezoning of property, creation of taxes, lease of City land, amendment of the City Code, or the levy of assessments unless harm to the public can be expected from a delay of action. SECTION XVIII - SPECIAL COMMITTEES When the Council determines that a board, commission or citizen's committee is needed the following procedure shall be used: party proposing a) The art the creation of the board, commission or citizen's committee willP repare a resolution defining the purpose, duties and objectives of the committee and whether it is to be an ad hoc or continuing committee. b) That resolution will be submitted to the City Manager for placement on an agenda for Council discussion. c) The Council shall approve, modify, or reject the resolution. d) Once a board, commission, or citizen's committee's is approved the Mayor shall prepare nominations for members including their length of terms (not to exceed three years). e) The Mayor's nominations shall be submitted to the Council at least seven days prior to the meeting at which nominations will be confirmed. med. f) Council members may suggest alternate nominations during the meeting. Each member appointed shall be approved by a majority of the Council. SECTION XIX - USE OF STAFF No Council member shall request from the City Manager any staff project that entails over two hours of staff work without seeking approval of the full City Council. This rule pertains only to an individual research requestby an individual Council person. SECTION XX - ENFORCEMENT SUSPENSION, AND AMENDMENT OF RULES Enforcement of these rules shall be incumbent upon the City Council of Chandler. These rules may be suspended or amended by a two-thirds vote of the City Council. SECTION XXI - RULES OF ORDER The rules of parliamentary practice, comprised in Roberts Rules of Order, latest edition, shall govern the Council in all cases to which they are applicable, provided they are not in conflict with these Rules or with the Charter of the City of Chandler. (9-27-84) Adopted 2/07/83 (Resolution 1101) Revised 3/24/83 (Resolution 11 11) Revised 4/12/84 (Resolution 1228) Revised 8/20/84 (Memo No. 48) Revised 9/27/84 (Memo No. 59) Revised 9/25/86 (Resolution 1490) Revised 6/10/99 (Resolution 3071) • TOWN OF ORO VALLEY 10 Page 1 of 2 .OUNCIL COMMUNICATION MEETING DATE: 07/06/05 TO: HONORABLE MAYOR AND COUNCIL FROM: MELINDA GARRAHAN, TOWN ATTORNEY SUBJECT: DISCUSSION REGARDING AMENDMENT OF THE TOWN COUNCIL POLICIES AND PROCEDURES TO ABOLISH THE AGENDA COMMITTEE AND REPLACE IT WITH A PERMANENT AGENDA ITEM AT THE END OF EACH REGULARLY SCHEDULED COUNCIL MEETING TO SETUP FUTURE AGENDAS FOR REGULARLY SCHEDULED AND PROPOSED COUNCIL MEETINGS. opportunityfor the Mayor and Town Council to discuss the efficacy of the current SUMMARY: This is an y Council agenda process and consider whether to substantially modify or abolish the current "Agenda process in favor of a permanent agenda item at the end of each regularly scheduled Council Committee" setupfuture Council agendas. There are a number of options available to the Council to accomplish meeting to g this end two (2) are of which provided below. It is important to note that any change in the agenda process will need to include delegation to an individual or a select group to place last minute or emergency matters on an agenda keeping the Open Meeting Law in mind. Option #1: Abolish the Agenda Committee and adopt a framework under which the Council selects either a limited or unlimited number of agenda items for future Council agendas. This may entail something along the following: g 1. For each "Regularly Scheduled Council Meeting" there shall be no more than and no fewer than agenda items includingthe "Consent Agenda" (This may be included or not depending on whether g it is the Council's pleasure to limit the number of items on future agendas). 2. For each "Executive Session" there shall be no more than agenda items. 3. For each "Study Session" agenda there shall be no more than agenda items. 4. For each "Site Tour" there shall be only 1 agenda item. Agenda items shall be considered on a first come, first serve basis for each agenda item under 5. g consideration with primary consideration going to those matters forwarded for required action by the Council from subordinate boards and commissions. Option #2: Maintain the Agenda Committee in its current or a revised form to prepare a draft agenda for discussion and action i bythe Mayor and Town Council. This item would recur on all Regularly Scheduled Council Meeting y igendas accompanied by the appropriate attached draft agendas. TOWN OF ORO VALLEY Page 2 of 2 ..OUNCIL COMMUNICATION MEETING DATE: 07/06/05 Conclusion: g If the Council desires to abolish the Agenda Committee, there are a number of options for the Council to discuss and consider,two (2) of which have been outlined above. In The Alternative: After a brief discussion, the Council maywish to continue this item to a Study Session or to the upcoming Council retreat agenda. An e-mail surveyperformed by the Town Clerk of Arizona Cities and Towns regarding ATTACHMENT: . items" as apermanent agenda item listed on all regularly scheduled Council meeting agendas. "future agenda g linda Ga : a To L , ' ey Chuck Sweet Town Manager Cuvelier, Kathryn From: Karen Johnson - City Clerk [KJohnson@cityofbenson.com] Wednesday, September 29, 2004 11:46 AM Cuvelier, Kathryn Subject: RE: Question We allow committees to add this, but it is just a list, no discussion. At the Council level we don't. m However, I am trying to change this practice because I think that it doesn't meet the open meeting law. y g K Original Message From: Arizona Clerks Information Exchange [mailto:AZCLEPKSLISTSERV.TEMPE.G0V] On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKSeLISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. v'/hat do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.gov/lists/control.asp?list=CLERKS To post - AZCLERKS@LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 rage 1 OI 1 Cuvelier, Kathryn From: Diane Heilmann [CITYCLRK@bullheadcity.com] Sent: Wednesday, September 29, 2004 12:44 PM To: Cuvelier, Kathryn Subject: Re: Question No we do not have such an item on our agenda. It does not meet the open meeting law requirements for adequate information and intent of action for public disclosure. If a councilmember wants something put on the agenda, he submits his request through me, I confer with the Mayor, and if she says "yes" I put it on the agenda and the item is discussed during agenda setting meeting with the agenda setting committee. The agenda setting committee consists of the City Manager, Mayor, City Clerk, and Department Directors. >>>"Cuvelier,Kathryn"<KCuvelier@OROVALLEY.NET>09/29/04 11:25AM>>> Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe,Arizona Subscription control-http://www.tempe.gov/lists/control.asp?list=AZCLERKS To post-AZCLERKS@LISTSERV.TEMPE.GOV Archives-p://interactive.tempe.qov/archives/AZCLERKS.html This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 9/30/2004 Cuvelier, Kathryn From: Jami Lewis Diewis@chinoaz.net] -ent: Wednesday, September 29, 2004 11:52 AM 0: Cuvelier, Kathryn Subject: RE: Question Kathi, We don't have this feature on our agenda. I guess if all they wanted to do was discuss ONLY possible g a. items putagendas,on future a endas, it could be okay. They couldn't discuss the items themselves, only the fact that they wanted them on an agenda. Jami C. Lewis Town Clerk Town of Chino Valley PO Box 406 1020 W. Palomino Road Chino Valley, AZ 86323 (928) 636-2646, ext. 119 (928) 636-2144, fax jlewis@chinoaz.net <mailto:jlewis@chinoaz.net> www.chinoaz.net Original Message From: Arizona Clerks Information Exchange [mailto:AZCLERKS@LISTSERV.TEMPE.GOV]On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would ofyour liketo know if any cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, athi Cuvelier Oro Valley 1 Cuvelier, Kathryn From: Joyce (joyced@clarkdale.az.us] 'ent: Wednesday, September 29, 2004 11:29 AM o: Cuvelier, Kathryn Subject: RE: Question We do this. They just do not talk about the items, list them. We put it on the agenda with the following wording: FUTURE AGENDA ITEMS - Listing of items to be placed on a future council agenda. Joyce Driscoll Town of Clarkdale Allgessa es created in this system belong to the Town of Clarkdale and should be considered a public m record subject to disclosure under the Arizona Public Records Law (A.R.5. 39-121). Town employees, � Townp ublic officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. Original Message From: Arizona Clerks Information Exchange [mailto:AZCLERKS®LISTSERV.TEMPE.GOV] On Behalf Of 'yeller, Kathryn went: Wednesday, September 29, 2004 11:25 AM To: AZCLERK5®LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like an i e to know ifof your cities do this as well. We don't think that it is specific enough to meet open Y meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.gov/lists/control.asp?list=CLERKS 1 Cuvelier, Kathryn From: Bender, Bev [bbender@fh.az.gov] cant: Wednesday, September 29, 2004 11:25 AM 0: Cuvelier, Kathryn Subject: RE: Question FH does not. Bev Original Message From: Arizona Clerks Information Exchange [mailto:AZCLERKSeLISTSERV.TEMPE.GOV]On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLER KS@LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like to know if any of your cities do this as well. We don't think that it is specific enough to meet open seting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.gov/lists/control.asp?list=CLERKS To post - AZCLERKS@LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html This E-mail has been scanned by McAfee WebShield and is delivered to you virus free. Infected -attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kath n From: DCockrum@goodyearaz.gov 9t: Wednesday, September 29, 2004 1:54 PM Cuvelier, Kathryn Subject: Re: Question Hi Kathy, wed don't do it that way but we have a Access Data Base where we assign a number for each future Council Action Item and the date of the meeting. We supply that to them in the Packet under Information Items alongwith a calendar of all future meetings. We list all future meetings on the Agenda at the end without describing what will be the actual items on the agenda. a hard copyto look at if you would like one and maybe can have the girls e-mail one but I I can send you don't know how to e-mail Access Database. Dee Cockrum, MMC City Clerk City of Goodyear 190 N. Litchfield Road odyear, AZ 85338 Phone - 623.882.7827 Fax - 623-882-7832 Mobile - 623.693.0007 A I I messages system in this s stem belong to the City of Goodyear and should be considered a public record subject to disclosure under the Arizona Public Records Law (A.R.S. 39-121). City employees, city o w those hgenerate e-mail to them, should have no expectation of privacy related to public officials, and the use of this technology. "Cuvelier, Kathryn" To: AZCLERKS€LI STSERV.TEMPE.GOV <KCuvelier@OROVALL cc: EY.NET> Subject: Question Sent by: Arizona Clerks Information 1 Cuvelier, Kathryn From: Cher Millage [ Tuesday, October 05, 2004 10:59 AM Cuvelier, Kathryn Subject: RE: Question We end ours with Councilmembers Comments and/or direction to Staff. This is the wording our Attorney approved. Cher City of Holbrook Original Message From9 Arizona Clerks Information Exchange [mailto:AZCLERKS@LISTSERV.TEMPE.GOV]On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! `e have a council member that wants to add to the end of every Agenda "future agenda items" I would !Ike to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.gov/lists/control.asp?list=CLERKS To post - AZCLERKS@LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html Cuvelier, Kathryn From: Jennifer Bigby[ Wednesday, September 29, 2004 12:06 PM J: Cuvelier, Kathryn Cc: Mary Rose Evans Subject: RE: Question Kathy, The city recently added this item to the agenda under Business. This has been cleared by our Attorney. The issue here is keeping it for "announcing" only. In the beginning there was some who wished to discuss, but that was cut short. 9 9 It reads as follows: (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any legal action on the topics presented, pursuant to A.R.5. 5 38-431.02.H.) ---Original Message . corn: Arizona Clerks Information Exchange [mailto:AZCLER K5GLISTSERV.TEMPE.GOV]On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona 1 Cuvelier, Kath n From: Mary Rose Evans [mrose@Titchfield-park.org] Oak nt: Wednesday, September 29, 2004 3:25 PM Cuvelier, Kathryn Subject: RE: Question Future Agenda CC agenda 090104 Items Log.doc(3... .doc(97 KB) Kathi, I my Deputy, already know Jennifer, Dut , responded. Thought you might want to see one of our agendas. Also, I have created a file for the items so they don't "slip between the cracks". I'll send that. The sticky part is when onlyone Councilmember wants something on the agenda and the rest of them think it's a "yawn" issue. I'm nowp g Mayor the Mor and City Manager with the log. Hope this helps. Mary Rose Evans City Clerk City of Litchfield Park, AZ Phone: 623-935-5033 Fax: 623-935-5427 Email: maryrose@litchfield-park.org Original Message From: Arizona Clerks Information Exchange [mailto:AZCLER KSLISTSERV.TEMPE.GOV1On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would any like toyour if of cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, thi Cuvelier Uro Valley 7r c c/) N ✓ + 0M ,-.1 M U ...-, - tO I •� -CD �4 '> 0 o v ct ct a) a) a) a) ' cli a) ° a) U) C P.,t- a) vZ v) 4.'4 •N a 0 O' U -= v) (1) 0 04 v) CCS 0 a) 00 1 r-+ c. -,(;- rt •i-' 'd -b t1. O U a) U c.; OE ••r. cd (i) ►--� �° Q CI) .,..i 't: C.. 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RI � 3 • cd -� cd ct c w C C VDU Cuvelier, Kathryn From: C Cockrell [clerk@ci.parker.az.us] Wednesday, September 29, 2004 3:04 PM Cuvelier, Kathryn Subject: RE: Question disclaimer.txt(293 B) Parker allows duringthe public9 call a time for suggestions: however, it is the mayor's agenda and he and the TM decides what is placed upon. Candy Cockrell Original Message From: Arizona Clerks Information Exchange [mailto:AZCLERKS®LISTSERV.TEMPE.GOV]On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKS®LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! "e have a council member that wants to add to the end of every Agenda "future agenda items" I would .xe to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.gov/lists/control.asp?list=CLERKS To post - AZCLERKS®LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html 1 Cuvelier, Kathryn Prom: Smith, Silvia [SSmith@ci.payson.az.us] nt: Wednesday, September 29, 2004 1:08 PM •a: Cuvelier, Kathryn Subject: RE: Question that. We have a pendingproject list that is available to the council in the town managers We do not do e I don't think anyone has ever asked to see except the Mayor and a council office every mond y. Y 9 member that may be present at our agenda setting meeting the week we put together the agenda. Silvia Town of Payson Original Message FromY Cuvelier, Kathryn [mailto:KCuvelier@OROVALLEY.NET] Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKSeLISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would e to know if your cities do this as well. We don't think that it is specific enough to meet open any of meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.govilists/control.asp?list=AZCLERK5 p p Topost - AZCLERKSeLISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKahtml "T-his E-mail has beenby scanned McAfee WebShield and is delivered to you virus free. Infected ,tac hments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kathryn From: Karla Stovall [KarlaS@peoriaaz.com] C*nt: Wednesday, September 29, 2004 11:56 AM Cuvelier, Kathryn Subject: RE: Question Peoria does not do anything like this. Original Message From: Arizona Clerks Information Exchange [mailto:AZCLERKS@LISTSERV.TEMPE.GOV] On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKS®LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.gov/lists/control.asp?list=CLERKS ToP ost - AZCLERKS®LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html This Eby-mail has been scanned McAfee WebShield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kathryn prom: Sherrie French [SMFrench@ci.safford.az.us] it: Wednesday, September 29, 2004 1:27 PM Cuvelier, Kathryn Subject: RE: Question on the agenda do not add that text. However, we have a place that asks the council if they have requests for future agenda items. Original Message Information Exchange [mailto:AZCLEKSLISTSERV.TEMPE0'1] On Behalf Of From: Arizona Clerks f 9 Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERK5eLISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council I m ember that wants to add to the end of every Agenda "future agenda items" I would like to know if your cities do this as well. We don't think that it is specific enough to meet open any of meeting law so this is something that we have never done. lat do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is ap ublic service of the City of Tempe, Arizona Subscription control - http://www.tempe.govilists/control.asp?list=CLERK5 p p Topost - AZCLERKS@LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html This E-mail has been scanned byMcAfee WebShield and is delivered to you virus free. Infected ichm ents associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kathryn From: Jagger, Carolyn [cjagger@scottsdaleaz.gov] it: Wednesday, September 29, 2004 11:46 AM Cuvelier, Kathryn Subject: RE: Question Kathi, Scottsdale does not do this. C. Original Message From: Cuvelier, Kathryn [mailto:KCuvelier@OROVALLEY.NET] Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would of to know if any your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription control - htt ://www.tem e.gov/lists/control.asp?list=AZCLERKS p p Top ost - AZCLERKS®LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html is E-mail has been scanned byMcAfee WebShield and is delivered to you virus free. Infected . . tachm ents associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kathryn From: Pat Sullivan [PSullivan@ci.sedona.az.us] Wednesday, September 29, 2004 4:17 PM J: Cuvelier, Kathryn Subject: Re: Question Kathi: We use similar language, except, we add "possible action". Ours is "Discussion/possible action on future p meetings/agenda items." We use this specifically to let council know when the next meetings are going to be held or if a specialbeing meetingis scheduled when it is and what will be discussed. If a council member wants to place on a somethingfuture agenda, they give the city manager and me the information and Ip ut it on that specific agenda. discussion regarding the item, just the fact they want something placed on an agenda. There really isn't g 9 J I take the information down and put it on the agenda they want it on. Pat >» "Cuvelier, Kathryn" <KCuvelier€)OROVALLEY.NET> 9/29/2004 11:25:02 AM >>> Good morning to all of you! - . We have a council member that wants to add to the end of'every-Agenda "future agenda items" I would e to know if your cities do this as well. We don't think that it is specific enough to meet open any of meetinglaw so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona Subscription http://www.tempe.govilists/control.asp?list=AZCLERK5 tion control - htt ://www.tempe.gov/lists/control.asp?list=AZCLERKS Top ost - AZCLER KS®LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERKS.html r p Th is E-mail has been scanned byMcAfee WebShield and is delivered to you virus free. Infected ,tachments ents associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kathryn -rom: Sherry Aguilar [clerk@surpriseaz.com] nt: Wednesday, September 29, 2004 11:26 AM o: Cuvelier, Kathryn Subject: RE: Question also had a Council request to do this, and our Attorney Hi Kathy, we would agree with you as well. We may agreed that this not meet Open Meeting Law requirements. g Sherry Ann Aguilar, City Clerk City of Surprise Office: 623-875-4214 Fax: 623-583-3396 Original Message From: Arizona Clerks Information Exchange [mailto:AZCLER K5@LIST5EV.TEMPE.GOV]On Behalf Of Cuvelier, Kathryn Sent: Wednesday, September 29, 2004 11:25 AM To: AZCLERK5eLISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would your to know if any of cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley This list is ap ublic service of the City of Tempe, Arizona bscr p http://www.tempe.govilists/control.asp?list=CLERKS i tion control - htt ://www.tempe.gov/lists/control.asp?list=CLERKS op ost - AZCLERKS@LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERK5.html 1 Cuvelier, Kathryn rom: Donna Vivona [donna@ci.wickenburg.az.us] ioA nt: Wednesday, September 29, 2004 11:33 AM Cuvelier, Kathryn Subject: RE: Question Hi Kathy - Wickenburhas the following right before adjournment: REQUEST OF COUNCIL FOR FUTURE g 9 AGENDA ITEMS Hope that helps, D Donna (Vivona) Rif f el, Town Clerk Town of Wickenburg 155 N. Tegner Street, Suite A Wickenburg, AZ 85390 Tel: (928) 668-0517/Fax: (602) 506-1580 donnaeci.wickenburg.az.us Original Message From: Arizona Clerks Information Exchange [mailto:AZCLERKSeLISTSERV.TEMPE.GOV]On'Behalf Of 'elier, Kathryn bent: Wednesday, September 29, 2004 11:25 AM To: AZCLERKSeLISTSERV.TEMPE.GOV Subject: Question Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, Kathi Cuvelier Oro Valley :s list is a public service of the City of Tempe, Arizona 1 Cuvelier, Kathryn From: Kathleen Detrick[Kathleen.Detrick@tucsonaz.gov] Thursday, September 30, 2004 2:07 PM Cuvelier, Kathryn Subject: Re: Question Hi Kathi! We've always had an item for future agendas during our study sessions. we don't allow discussion of the item but do allow sufficient information to be provided in order for our Agenda Committee to appropriately schedule for a future date. >>> "Cuvelier, Kathryn" <KCuvelier@OROVALLEY.NET> 9/29/04 11:25:02 AM >>> Good morning to all of you! We have a council member that wants to add to the end of every Agenda "future agenda items" I would like to know if any of your cities do this as well. We don't think that it is specific enough to meet open meeting law so this is something that we have never done. What do you guys do? Thanks, hi Cuvelier ro Valley This list is a public service of the City of Tempe, Arizona Subscription control - http://www.tempe.gov/lists/control.asp?list=AZCLERK5 To post - AZCLERKS@LISTSERV.TEMPE.GOV Archives - http://interactive.tempe.gov/archives/AZCLERK5.html This E-mail has been scanned by McAfee Web5hield and is delivered to you virus free. Infected attachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Cuvelier, Kathryn From: Kuiper, Brigitta - City Clerk [Brigitta.Kuiper@CI.YUMA.AZ.US] Friday, October 01, 2004 11:30 AM Cuvelier, Kathryn Subject: RE: Question Kathy - We had the same issues with a Councilmember several years ago. We now have the following wording on all of our Worksession agendas. It is NOT included on regular meeting agendas. IV. ADDITIONAL ITEMS FOR POSSIBLE DISCUSSION A. City Council report on meetings/events attended - City Council report on issues discussed in meetings/events attended by a City Council representative in their official capacity acit as the City's representative during the period of September 15 - October 5, 2004. City Council questions regarding the update must be limited solely for clarification purposes. If discussion is warranted, the issue will be added to a future worksession agenda for a detailed briefing. . B: ..City Council report of upcoming meetings. City Council request for agenda items to be placed on future agendas. Let me know if I can be of further assistance. Brigitta Brigitta M. Kuiper, City Clerk City of Yuma One City Plaza P.D. Box 13012 Yuma, Arizona 85366-3012 (928) 373-5035 (928) 373-5036 fax brigitta.kuipereci.yuma.az.us --Original Message From: Cuvelier, Kathryn [mailto:KCuvelier@OROVALLEY.NET] Sent: Wednesday, September 29, 2004 11:25 AM 1 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: July 6, 2005 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SU BJ: Discussion and Consideration of the possible removal of Development Review Board Member Richard Feinberg SUMMARY: Proposed by Council Member Terry Parish, and seconded by Council Member Helen Dankwerth, it is requested that the Council discuss and consider the possible removal of Development Review Board Member Richard Feinberg. The Council Procedure Article in the Oro Valley Town Code §2-4-8, Committees and Commissions, states: The Council may create such committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the Council may require and shall exist at the pleasure of the Council. ATTACHMENT: 1. Oro Valley Town Code §2-4-8 /- ! ev / / / ( _1_7 \,-,-- i,-.7 a( ' -' * ' Chuck Sweet, Tbwn Manager down of Oro Valley Town Code Council Chapter #2 Council Procedure Article #4 Committees and Commissions Section #8 The Council may create such committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the Council may require and shall exist at the pleasure of the Council.