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AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION/RETREAT AUGUST 23, 2003 Desert Springs Ranch House 12210 N. Oracle Road (Oracle/Tangerine) Oro Valley, Arizona STUDY SESSION/RETREAT — AT OR AFTER 8:30 AM CALL TO ORDER ROLL CALL ORDER OF BUSINESS: 1. GENERAL a. 2002 Plan Of Action — Review b. Previous Town Council Retreat's Plan of Action — Review 2. MAYOR & COUNCIL a. Notice of Meetings (Quorum) b. Council Member Participation in the Arizona State Retirement System (ASRS) c. Unintended Consequences of Council Actions d. Role of Town Council in Relationship to Staff Recommendations. e. Review of Site Tour Procedures f. Mayoral Appointments to Represent the Town g. Town Council Touching Base with Town Manager Ahead of Meetings h. Agenda Management - "Tips to Help Meetings Run Smoothly" 08/23/03 Agenda, Council Study Session/Retreat 2 3. COMMUNITY DEVELOPMENT a. Planning and Zoning Commission AND Development Review Board Powers & Duties, as per Zoning Code revised - Review b. Roles and requirements of Boards & Committee Members c. Review of Town Zoning Code enforcement procedures/follow through. d. Review of existing PAD's (in terms of yrs. Old) within Oro Valley and focus on older outdated PADs for review/conformance w/General Plan. 4. TOWN MANAGER a. Electronic Communication between the Town Council and Manager ADJOURNMENT 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 Oro Valley Town Clerk, at 229-4700. Posted: 8/20/03 4:15 p.m. lh DESERT 5PRINS HOUSE RAMCH Take Oracle Road north approximately 100 yards +/- from the Tangerine Road intersection. On the east side of Oracle Road, there will be a driveway with two 5 foot high, white block columns and a white metal gate. Enter through that (opened) gate and drive east. You will not tura at the crossroads you come to. Instead, continue on until you get to the Desert Springs Ranch House, which is surrounded by trees and difficult to see until you are very near. It the crossroads, please do not confuse the caretaker's home from the Desert Springs Ranch Rouse. When you approach the crossroads, you will see the caretaker's house down the hill and off to the left, do not turn but continue north until you see the Desert Springs Ranch Rouse. Page 1 of 2 Cuvelier, Kathryn From: Sweet, Charles Sent: Monday, August 25, 2003 6:08 PM To: Kovitz, Bob; Alan Forrest; Bill Jansen; Brent Sinclair; Daniel Sharp; David Andrews; Jeff Grant; Judge Dunscomb; Kathryn Cuvelier; Mark Langlitz Cc: 'Peggy O'Sullivan'; Baczkiewicz, Susan Subject: Town Council/Manager/Clerk Retreat-Saturday, August 23rd 2003 The Town Council Retreat held on Saturday, Aug. 23rd @ the Kelly Ranch House was very successful. The following is a quick summary of the discussion and results of that discussion that will further be discussed at the upcoming Sept. 20th Retreat. To be Further Discussed at September 20th retreat: 1 . CUSTOMER SERVICE - Each Dept. Head is requested to bring to the 9/20/03 retreat their process and procedures relating to Customer Service. Examples of customer service forms; follow-up procedures, etc. More to follow 2. Expansion of information regarding Quorums: i.e., The Do' and Don'ts. Expanded information for Town Council Handbooks; Examples of What constitutes a quorum and what does not More to follow 3. Agenda Items that ARE NOT required Public Hearings. What to do? Allow one Public Hearing only ?? 4. Zoning Enforcement: Is there adequate staffing; What happens when someone calls in and complains? Does anyone get back with the complaining party and let them know what the result is? Home Depot display of merchandise at their entry way (condition of development plan?????) More to follow>>>>>>>>>>>>>>>>>>>> 5. Review of Existing PAD"s. Spreadsheet comparison of: What's left to be developed? Allowed Height comparisons; Comparison to Proposed General Plan. Obviously, there are more specifics which will be discuss at the Special Dept. 8/29/2003 Page 2 of 2 Head Meeting outlined below. By way of copying this e-mail to Susan, I have asked her to schedule a Special Department Head meeting for Tuesday, September 2nd to review in more detail the contents of this Aug. 23rd Retreat in order to provide as much time as possible for each of you to prepare for the September 20th Retreat Discussion . If you have any questions in the meantime, please ask. Chuck Sweet 8/29/2003 2002 Plan ofAclion - Review i :c .01...7:,..) 1 44,, ,,.,; -: .:6 - '‘'s ''' t-7.).4,;? � c r k (..D „.) O -- 4) 0) O t- -• _cN C (X3 O a) c u) O rl? 'L- o 0 ♦..t O a) co >� ,-• to ,, CNI O CO N.. a) O n a) .� 0_.i U ,_ cin 0 E 73 •c �C/) O C ° O 03, O � � � � OCD ai Po O O 3 O . 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CU Cu 0 O ( -oQ M MEMORANDUM TO: MAYOR AND TOWN COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20th 2003 SUB): Open Space Acquisition Plan During the Updated General Plan process (see attached copies of Section 11 — Open Space and Natural Resources Conservation) various Goals and Policies regarding Natural Open Space have been adopted by the Town Council and are awaiting voter approval in November 2003. Additionally, I have included in your Retreat Packet information that I acquired from the ICMA InQuiry Service regarding the "Financing of Land Conservation" (please see attachment). Also, I will have available at the Retreat Study Session a large map that will depict the existing Open Space within Oro Valley, the potential Open Space to be acquired as a result of the Rancho Vistoso Neighborhood #11 PAD amendment conditions and what areas are left for potential acquisition. Thank you. 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OPEN SPACE AND NATURAL RESOURCES CONSERVATION STATEMENT Oro Valley's exceptional environmental resources have shaped the Town's character. The conservation of natural open space, biological resources, visual resources, and natural resources is of significant public interest to the residents of Oro Valley and a high priority among Oro Valley's planning objectives. In particular, the Town values lands with the following characteristics: • Provide, or affect, public resources such as aquifer recharge areas • Exemplify unique, ecologically sensitive, wildlife and vegetative habitat • Define the identity of the community such as cultural historic resources • Shape the scenic quality of life such as viewsheds a. • Create unsuitable and/or hazardous conditions for development due to the slope, soil, or Vo geological, topographical, soil, or similar features. The Open Space and Natural Resources Conservation Element is intended to identify and address the Town's environmental resources in a comprehensive manner. The protection, restoration, and maintenance of environmental resources require an integrated approach. GROWING SMARTER/PLUS REQUIREMENTS The Open Space and Natural Resources Element addresses the State's Growing Smarter/Plus requirements for open space and elements. Following are brief descriptions of the statutory 1111": requirements for these elements and an explanation a\their implications for Oro Valley. The Growing Smarter/Plus statutes require that municipalities with 10,000 or more residents include an Open Space Element addressing the following items: • A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources. (See Background Report.) • An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources. (See Background Report.) • Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans. These statutory requirements focus on a variety of descriptive, analytical, and prescriptive issues that are intended to ensure that the Town establishes a framework for protection and preservation of the natural qualities that Oro Valley residents value so much. The first requirement calls for a descriptive inventory of these natural qualities, focusing on large-scale open space areas, particularly those that are set aside for recreational purposes. The second requirement calls for a combination of analytical and prescriptive content that focuses on understanding and responding to the open space needs of the community. As with much of the Growing Smarter/Plus legislation, the intent of this requirement is to ensure that growing 1011 communities plan for additional open space. OP Oki 111. 69 Open Space and Natural Resources Conservation Policy Document Oro Valley General Plan Adopted d May 29,2003 ,lir: p The third re uirement in the above list focuses on ensurin that local open space assets are considered in light of their relationship to the regional system or network of resources.: g ... .....:. , In addition this element addresses Growing Smarter/Plus' requirements for a conservation element, ..s which are optional for communities of fewer than 50,000 residents. These requirements are as follows: L-.T.:::i " Addresses the conservation, development and utilization of natural resources, including forests- j'-:: soils, rivers and other waters, harbors, fisheries,wildlife, minerals and other natural -, : resources. ':: Mayalso cover: The reclamation of land- flood control; prevention and control of the '°4 pollution of streams and other waters; regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan; prevention, control and correction of the erosion of soils,_beache s and shores; and protection of watersheds. KEY POLICY ISSUES OPEN SPACE TOOLS _ The Town needs to develop a wide range of planning tools that can be used to acquire, protect, and enhance those lands, such as environmentally sensitive lands, that help define the community's character. *_. FUNDING FOR ACQUISITION OF OPEN SPACE LANDS . or The Town has no specific funding mechanism for the acquisition and management of natural open -7- space lands. Without timely establishment of such a mechanism, options for establishing a connected system of natural open space will be limited. To achieve the broad goal of preserving sensitive lands, !' a method of financing to secure particularly valuable lands must be established and utilized to bolster a comprehensive approach. Financing methods include targeted development fees, Town funds, p pp sales taxes, or highly hl focused bond measures to meet specific ESL goals and objectives. The latter ---. g Y p two must be implemented by a vote of the Town's residents. CONNECTIVITY BETWEEN NATURAL OPEN SPACE AREAS AND RECREATIONAL AREAS There is presentlynot a fullydeveloped interconnected natural open space system within Oro Valley, p, in part because there are some barriers to the development of such a system (e.g., roads, fencing utilities, culverts, bridges, disturbed vegetation, overall infrastructure). Natural open space needs to ,.= be established with consideration given to establishing connections with other open space and recreational areas within the Town and adjacent lands. Creation of new natural open space resources and connectivity with existing areas, both prior to and during the process of development, is critical. £ LOSS, DEGRADATION,AND FRAGMENTATION OF BIOLOGICAL RESOURCES DevelopmentValley in Oro which does not consider the quantity and quality of natural resources can directly affect and result in the loss, degradation, and fragmentation of native habitats, further 'x reducing the ecological value of these areas. This development has resulted in impacts on biological . : resources such as constraints on wildlife movement, impacts on wildlife from urban lighting, and erosion into riparian corridors. The need for an increased level of management is accentuated by the Town's rapid pace of growth, which has been sustained since the early 1980s. Much of the - --4 it Town's land has been committed for development. The economic impact of environmentally f sensitive landpY reservation is extremely significant. The beauty of the Town's environmental __............,...........,:i.e: ‘ .,....,ice, .. _ Open Space and Natural Resources Conservation 70 ,..7,-;- ,-- 11,4400, Oro Valley General Plan Policy Document Adopted May 29, 2003 resources and attractiveness of the resort atmosphere are primary factors for the continued influx of residents, small businesses, and corporations. RESTORATION OF DEGRADED HABITAT IP 110 Some areas within the Town once contained high value habitats that have subsequently become a degraded for a number of different reasons related to human activities within the Town. These areas li may provide excellent opportunities for environmental restoration. IIP PLANTS AND ANIMALS Biotic communities require similar protection and enhancement. Inventories of plant and animal PO communities can be p compared with the more desirable development locations. Points of conflict will ID yield opportunities for the development community and Town government to establish fauna and flora protection strategies and also encourage desirable development schemes. 111) INCREASES IN LIGHT AND GLARE IP Development will add to the amount of light and glare within the community and result in loss of 110 nighttime sky visibility. Oro Valley cooperates with the International Dark-Skies Association (IDA) which seeks to stop the adverse environmental impact on dark skies by building awareness of the PO problem of light pollution and of the solutions, and to educate everyone about the value and 110 effectiveness ofq nighttimelighting. uali li hting. VISUAL CHARACTER OF THE COMMUNITY Iii Maintaining and enhancing the existing visual character of the community has been identified as a !I( priority interest. A specific area of concern is development on hilltops, ridges, and slopes, which are PI highly visible from many areas in the community. ill Also of concern is identification of important scenic vistas and views and protective techniques such Pi as use restrictions and easements. PI BUILT ENVIRONMENT 11, As the Town develops, the built environment begins to dominate views. Standards are necessary to 1111 ensure that development blends with the natural environment. Lighting and signage standards directed at improving the existing visual environment provide additional means of maintaining and IP enhancing the Town's image. Standards and densityrestrictions are needed to keep development IP from creating undesirable views, often referred to as a "sea of rooftops." Pi SCENIC CORRIDORS 111) Many roadways in the community provide views of scenic vistas, washes, and native vegetation. The P open feeling along some of these roadways also adds to the character of the community. AIR QUALITY Good air quality has been recognized by Town residents as an essential component of Oro Valley's quality of life. Air pollution reduces visibility and compromises views of surrounding mountain I. ranges, as well as increases health risks. Although not totally within the Town's control, air pollution can be reduced through Town initiatives. Ilk p fi IP Pli 71 Open Space and Natural Resources Conservation p Policy Document Oro Valley General Plan Adopted May 29, 2003 Ir GOALS AND POLICIES NATURAL OPEN SPACE 11.1 To protect the environmentally sensitive open space areas within the Planning Area. U 11.1.1 The Town shall institute a program for the acquisition, management, and maintenance of public natural open space. This program may include a cost-benefit analysis to determine natural open space acquisition priorities. 11.1.2 The program in Policy 11.1.1 shall identify and provide recommendations to the Town Council for the application of a range of planning and funding tools to acquire, enhance, manage, maintain, or otherwise protect environmentally sensitive lands and other desirable U natural open space lands such as those identified as SRA in this plan. ! 11.1.3 Work with authorized representatives of approved Planned Area Developments (PADs) to r minimize impacts on environmentally sensitive lands, including amendments of PADs, while r allowing for development in accordance with the spirit of existing approvals. 11.1.4 Require new development proposals, through the rezoning process, adjacent to or containing riparian areas or wildlife and plant habitat to include provisions to link these systems to other r nearby riparian areas, habitats, existing or planned trails, and regional natural open space r areas (e.g., Tortolita Mountain Park, Catalina State Park, and Coronado National Forest). r 11.1.5 Ensure that recreational uses on areas with essential or key habitats are designed to protect r these resources. (See also Policy 8.1.1.) r 11.1.6 Include interpretive elements with trails developed within natural environments. These elements should be designed to provide educational information on the environment and the protection of resources in an unobtrusive manner. r 11.1.7 Prepare, adopt, and periodically update an Natural Open Space Management Plan to r determine the appropriate level of use and protection of the environmentally sensitive open r space areas within and surrounding the Town. This should include preparation of an inventory of these areas and the natural resources they support. (See also Policies 11.5.1, r 11.5.2, and 11.5.3.) r 11.1.8 The Town shall use natural open space preservation as one criterion in considering land use r rezoning proposals. Developments shall utilize natural open space to comply with r requirements for landscaped areas and buffer areas, whenever feasible. r 11.1.9 The Town shall integrate open space planning with ongoing land use planning and go community development ment efforts. 11.1.10 p space e natural openace connection to and the expansion of Tortolita Mountain Park and Catalina State Park. U 11.1.11 Protection techniques, such as clustering, transfer of development rights, and density U bonuses, which may increase the number of units in an area shall include standards to U ensure that other environmentally sensitive areas and existing neighborhoods are not adversely affected. Where clustering is used to set aside areas as natural open space, the areas shall be dedicated to the Town, County, trust, or appropriate entity so as to guarantee • preservation in perpetuity. U U 4r ^:. "07VU Open Space and Natural Resources Conservation 72 U ■ F POro Valley General Plan Policy Document Iv Adopted May 29, 2003 10:- 11.1.12 To achieve natural open space goals, emphasis needs to be focused upon avoiding pre- annexationp p p agreements with commitments that compromise community values. HABITAT PROTECTION 10 11.2 To protect native biological habitats and their associated plant and wildlife species throughout the Town of Oro Valley and create/restore habitats where feasible in development design. 11.2.1 Ensure that development will provide for coordinated and enhanced protection of key habitat areas. "Key habitat" and "essential habitat" are provided, respectively, in Policy 11.2.2 and Policy 11.2.3. :nb' 11.2.2 Define key habitat areas as those that meet the following criteria: • significant saguaro stands; • significant ironwood stands; and, • significant rock outcrops. Note: The term "significant" as it relates to each of these will be defined in ordinance. Pi 11.2.3 Define essential habitat areas as those that meet one of the following criteria: • areas occupied byspecial-status species as defined by the U.S. Fish and Wildlife p p Service or Arizona Game and Fish; • riparian habitat types, defined as low xeroriparian, moderate xeroriparian, high xeroriparian, hydroriparian, mesoriparian (including mesquite bosque and degraded mesquite bosque); and • buffer areas around these areas. 11.2.4 Within essential habitats, permit only the following uses: • education and research; ■ fish, wildlife and plant management activities; • trails, scenic overlooks, and other passive recreation; • necessary water supply projects which can be accomplished with minimal environmental damage; ■ roadway crossings, drainage facilities, and other infrastructure which have been designed to minimize environmental damage; and, ■ environmental restoration/enhancement activities. These uses shall be designed to minimize impacts on environmentally sensitive resources. An exception to this is for lands covered under a habitat conservation plan or similar agreement that has been adopted and approved by the U.S. Fish and Wildlife Service and/or Arizona Game and Fish. Development in these areas can proceed based on the agreement and applicable provisions of the Town's General Plan and zoning ordinance. 11.2.5 Maintain a current and accurate database of biological resources, including maps that identify the locations of specific habitats (as defined in this element), and lists of special-status species, to mandate environmentally compatible development. Upon annexation of any area to the Town, the Town shall update the database for the annexation area. 11.2.6 On sites that have reasonably high h p otential to contain essential or key habitats, or contain or i support special-status species, the Town shall require the project applicant to have the site ‘.''."-,c-:4 S 73 Open Space and Natural Resources Conservation Policy Document. Oro Valley General Plan Adopted May 29,2003 ( oir,,,„., . . surveyed b a Town-qualified biologist •olo ist as part of the application process. In addition,the Town will majintain a list of qualified biologists experienced in Sonoran Desert ecosystems az Y • that can b0'Used topP re are these studies.The results of the survey will.be used during the s , !-- development review and approval process in,evaluatingthe merits of the , ro'ect. _ , ar , ado t and im lement an EnvironmentallySensitive Lands Ordinance (ESLD) 11.2.7-' Pre a e, -- 1,.. . _ _ containingstandards for `,rotectin-� sensitive resources and provisions for requiring innovative • p g siteplanningand design practices that would protect sensitive resources. (See also Policy 3 yr• ':�� .ems" . 11.4.3 1.2 Work as`an equalual •artner with federal, state,'and coun �.,a encies and the.public in the =V 1 .8q_ p t.. .- develo merit and implementation:of,the Sonoran Desert Conservation.Plan. 11.2.9 Require project designs-that:r place development in areas not defined as keyhabitat when possible;.p p - .: • - provide deed restrictions regarding treatment of identified habitats and natural open r space on.. nvate property; r K i' w F. -. •: ..,minimize.adverse im_.acts-to these-habitats; p .. . ....... .,:•:.::r::....:10.:•.::: rovide•,for connectivi between on-- and off=site'essential and-key habitat.areas, and, }- . p tY are designed'to reduce overall habitat impacts.~ , ;..- 11.2.10- Achieve fauna and flora protection through regulatory practices as'well as through''working partnerships with developers. On-site water detention basins, clustering, land trusts, scenic easements, and similar practices should become part of:an ordinance to protect the plants 1, - and animals and,still achieve land development objectives. s 11.2.11 Protect and enhance contiguous areas of key habitats rather than small, segmented g r,-,4 remainderarcels.. " - .. . p 11.2.12 For new public or private development projects, require a.buffer of adequate size to 2.-- a3: protect the integrity of the essential habitat. Buffer size regulations will be defined in the Town's ESLO (see Policy 11.2.7), which will provide guidance on buffer sizes, based on site j.....,-.--,:;--Y-- characteristics,such as terrain,width of habitat, habitat condition, and so forth. E 11.2.13 p Regulate development within buffer areas in the same way as the habitat areas the buffer is K • protecting. - • Q� 11.2.14 Inventory and actively pursue Opportunities to restore degraded areas that contain • remnants of essential or key habitat areas as defined in this element. 11.2.15 Continue to maintain alant palette for use in all landscape plans. This list shall use only p drought-tolerant vegetation. The list shall not include any non-native plant types that at are considered invasive, allergenic, or nuisance species. Only native plant speciesshall be allowed in perimeter areas or areas adjacent to natural areas. (See also Policy 12:3.2.) y �y 11.2.16 Require theprotection of healthynative vegetation within a development. If on-site q .„,:_;:--- protection Y;= p rotection is not feasible,the Town shall encourage transplantation of healthy native pp vegetation to approved sites within, or as a preferable referable option, outside the project limits. 11.2.17 The Town shall continue torohibit mass grading for all residential developments with lots ,? exceeding 15,000`s quare feet and strongly.discourage it throughout-the community. (See :` also Policy:1.1.6.) , .ila.,:i -,i,!_:;-,-::- Z:- itilb...,....... Open Space and Natural Resources Conservation 74 '4110_ Y ---4.4-.,?0,13-e-itifg_-ip-iaggif.t.:-.01-:!;...-:-51,:-,:i.::-...e.::.:?...:.its.,:::-,..;:.f.,:-,-.....,:-.:„.,...:.:-:-...,-,.:,..: . :.....,.: . -;,'L-14--Jxf,..-oft fEL.i..;:--its..-:..gl'.7-1:ir-agt.,...t..:1".i.i.iii:igi-E:'::::::..: *.. '. +;w�, fro galley General Pian Policy Document Adopted May 29,2003 '''''"i''''-''''f:';''''''''''''''''''-i'll''''.:1-1-7':'--1. 1;x.18 )Restrict the removal of ravel'and other natural resources from washes and flood-prone :areas for commercial :;uroses. (See also Policy 12.1.5.) f"`_..ter, 'Y�- •• • ��'Y t`''` 11 219 Provide guidelines`for'the-safe movement of`wildlife above`and below roadways and ,1 K i through or around.other man-made environments. (See also.Policy 5.4.2.) � t , ° 11:.2.20 Continue to encourage utilization of.the Town's-Save-A-Plant program for protection of 5 g �: native a etation. .�: h alth: :�_ a .. ... .. .. .. . . . . . x .T.r. 'y t --...:r-._•fit+......:ti••_.• ........ -t.SOURcf4..:,',,..iii;.........::::-....:......::::::„:.:::.,...i:,;,,...,,..:,.;,....,::,::..i,..:,....,,,,:..,...,. ...:.......„:„...............::..:i..,.,...:.;. , „...„,......„..... _, _ . -i.. 'x: • h �!� r • t � r;_ ,:_..._, 11,3:: To rotect and::enhancethe visual character of`the Town. '''''''‘' b. Vi w rotection''is to bean essential aspect of development review and_•�: .roect approval. The Pr r' Town defines the following roadways as scenco ic rridrs within Oro Valley. '''''''''''''''''''''''''''''''''''''-:'...''''''''....-.' *:- '...d.-'-......'...-''''''''::'''':':-.... ....-.:''......' ' '".........'..:1'''''' '..:'.:-...'. '' .......:''.''''s .:: . ''''',,:r-',.;::''' �:tea•^r ........... . . .. '.. a e oncor .:::_i.,:,--,-- ...„.„;,...:.:.:„..,:::,.:.:.,...,......„,::.:::::::::::..,.,..:.......,,,..................,......,..,,........„.:.s vn . 1 -......:.'::::....,::'::-'::::..-..1-:*:.::',.. First A e ue L anada Drive a`c ........:........:. .... . L a ChotlaR d ,• Lambert t_a.ne. .. F :,:i'...,..i1: ::.:'.'.:.'.:..::..:.;.,...:............:.-.',....:....:;.:.=::..-....:..''..... ''...'"''....: ''''''''',''''''' .1:*'''': .. ' , .‘ :...:... Vr Teva rd . ,.• . Linda sta_Bou F ''''''''..::''il'il.'.1::..1..'..;...:::*::..........'''........':::-...................''...:................-•......-•...:.:*.-. .a Moore Road ...:..........--:,,Iii:-..;:',':..:'::::;:...1'. ....... .... ... . _ ran Drive:.:.... Na a .. 1 .: .+. O ra I a c e o d: y ; Palisades Road ',: ■ Rancho Vistoso'Boulevard:� . ..., , .. ,.. , . ...._ ii.e'''::-. . . ■ Shannon Road ■ Tangerine RoadPl g . : : Additional roads may be added to this list during the annexation process....This could include • ... roads that may not be annexed but would border the Town. (See also Policy 5.4.3.} new development and im rovements-to existing , �_` 11.3.2 The.Town shall continue to require all p P development, both public and private, to maintain and/or enhance the character and quality of views from and along scenic corridors and public parks..The following:measures will contribute to achieving this`objective: a preserve areas of natural open space (especially habitat areas)to provide visual relief; a provide large natural or naturally landscaped areas in rights-of-way along scenic -,--,--::. . corridors; F create design standards to minimize the impacts of parking lots; a create a Town ordinance that requires vehicle loads to be covered and secured; F work with utility providers to place utilities underground; and, Pa . , _ ■ discourage visually intrusive structures. P2 11.3.3 Use existing standards and guidelines, and establish new ones as needed, to ensure that the built environment blends with or enhances the natural environment by ■ lacin utilities underground _ p..:: g g. PI ' adr a restricting light not needed for safety or identification restricting signage primarily to identification 75 Open Space and Natural Resources Conservation log Policy Document Oro Valley General Plan Adopted May 29, 2003 r • creating landscaped breaks in parking lots, subdivisions, and other uses that extend eas over large areas vim (See also Policy 2.1.1.) 11.3.4 Protect air quality through: • the enforcement of dust control measures • restrictions to prohibit uses that create air pollution • encouragement of gas versus wood fireplaces lemo • working with PAG to promote rideshare incentives to encourage the use of renewable resources such as solar and wind power • g • attracting"green"technologies, such as low emission commercial and industrial Imo development aro • limits to mass grading, which shall require the approval of the Planning and Zoning r Administrator (See also policies under Goal 1.5.) VISUALLY IMPORTANT AREAS 11.4 To protect visually important areas. (See also Goal 2.1.) sal 11.4.1 Define and map visually important areas, especially peaks and ridges, and highly visible sloped areas. sol 11.4.2 Continue to actively pursue measures to protect and maintain night sky visibility. nol 11.4.3 Prepare design guidelines and standards as part of an ESLO (see Policy 11.2.7) to protect scenic resources and direct site and building design in areas identified as visually important. The ESLO may include, but not be limited to, the following. col • Placement of roadways los • Building materials, colors, and reflectivity non ■ Protection of ridgelines, slopes, and hillsides • Integration of buildings and landscape with site features and vegetation, umo • Placement of single- and two-story structures • Open space and landscape area requirements aro • Standards for fencing and berming aro ■ Control of light and glare two • Limiting the areas that may be graded • Limiting cuts and fills • Treatment of disturbed areas, especially cut and fill slopes Iwo PROGRAM DEVELOPMENT emo ors 11.5 To develop a holistic natural open space and natural resource conservation program. ego 11.5.1 Establish an advisorycommittee toprovide the Town Council and PlanningCommission with annual recommendations and input regarding Town-initiated actions and incentives to r protect environmentally sensitive lands in the Town and to monitor/recommend awl modifications to this element. The advisory committee's efforts are to be coordinated with - the recommendations of the Natural Open Space Management Plan prepared pursuant to Policy 11.1.7. arin Iwo Open Space and Natural Resources Conservation 76 1 i Oro Valley General Plan Policy Document Adopted May 29, 2003 11.5.2 The advisory committee described under Policy 11.5.1 shall establish and annually review an actionp lan that will identify program components, including but not limited to the following: • Expected revenues to administer the program • Areas for acquisition (listed by priority) ■ Areas for enhancements 1111 ■ Support for land trust activities • Ay earl status report including: how much natural open space is in the Town, its y health, itsp rotection, and its connectivity; how existing natural open space should be 11) used; and the status of maintenance and management of natural open space 111 in lands for inclusion in the action plan described under Policy 11.5.2, the advisory 11.5.3 In selecting committee shall utilize the following general guidelines: • Availability of land • Potential development pressures on land • Potential for protection of a sensitive area or corridor • Connectivity to other natural areas • Biological and cultural richness or diversity • Economic sustainability of the Town • Consistency with the General Plan 11.5.4 Adopt a set of best available practices to minimize impacts to the Town's open space system. 11.5.5 Continue to informp1 ro'ect applicants about the natural resources in Oro Valley and the practices that are required to protect these resources. 1 .6 The Town shall establishguidelines for tradingnatural open spaces that allow those trades 1 .5 that create interconnected, high-quality natural open space. 11.5.7 a funding lore establishingfding source to provide for environmental education. 11.5.8 Continuouslyinform and educate the public about the natural and cultural resources in Oro Valley and the steps that they can take to help protect, enhance, restore, and enjoy these resources. educational programs to promote environmental awareness and natural resource 11.5.9 Support p g conservation. It should include the public benefits that can be derived rom a community open space system. publicdesignated Monitor use in desi nated natural areas within the community to prevent the degradation of significant biological and visual resources. 11.5.11 Continue to g explore strategies that would enable preservation of lands extending north and west from Honey Bee Canyon/Sausalito Creek and connecting to the Tortolita Mountain Park through independent methods and through coordination with Pima County, Arizona State Land Department, Arizona State Parks Board, and/or any nationally recognized conservation organization. 77 Open Space and Natural Resources Conservation - - International City/County ICMA Management Association • icma.org FINANCING LAND CONSERVATION • EPIC) 111 I n the face of surging growth and the sprawl that often accompanies it, voters are approving public funds for parks and open space in record numbers. Last year alone—according to the Land Trust Affiance 2000 Referenda Results report-83 percent of the U.S. VOLUME 33/ NUMBER 5 MAY 2001 ballot measures on state and local land conservation passed, generating$7.5 billion to protect parks,open space, farmland,wildlife habitat,and • wetlands.With voters clearly willing to fund open space protection,more and more communities are exploring ID funding options,designing open space plans,and protecting the land around them. This report describes strategies for preserving open space,common land conservation financing methods and funding sources,and ways of allocating funds among jurisdictions. Purchase of development rights programs receive special attention. Case studies describe how several fast-growing communities successfully identified and secured public funds to save threatened land. Table of Contents Open Space Preservation Methods Funding Sources and Financing Techniques Distribution of Funds Establishing a PDR Program Case Studies Jacksonville,Florida Austin,Texas Pima County,Arizona Boulder,Colorado ........ t':� r � - '-.a '-'7'-'1 a*7"ya✓• :•'-;,-----;:f- i:.... .,- .,.s- _ _ _ ._ ;.._.- .. ;.- _•^; ,.,f- y. _ - .-,:c'^�� .,rxc sem,•_ '-''''-:--k*'.'t''''- I niortintional City/CountyIII ill- i 4111) . Management Association icma.org lnOuiry • Service VOLUME 33 / NUMBER 5 MAY 2001 ITEM NUMBER 42664 ICMA's IQ Reports(ISSN:0047-5262)are published monthly by ICMA,777 N.Capitol St.,NE,Suite 500,Washington,DC 20002-4201. © 2001 by the International City/County Man- agement Association. No part of this report may be repro- duced without permission of the copyright owner. ill These reports are intended primarily to provide timely infor- mation on subjects of practical interest to local government Author Contact Information administrators,department heads,budget and research ana- Trust for Public Land lysts,administrative assistants,and others responsible for and 33 Union Street concerned with operational aspects of local government. Boston,Massachusetts 02108 617/367-6200 IQ Reports are published as part of ICMA's InQuiry Service www.tpl.org subscription package. The package also includes unlimited access(via the Internet or staff-assisted searches)to ICMA's Recent Reports IQ documents—a database of thousands of local government 04/01 Sustainable Energy:Power Solutions for reports,budgets,ordinances,program descriptions,purchas- Localin manuals, job descriptions, and other materials—a bi- Governments gp 03/01 Recruiting Key Management Personnel monthly subscriber newsletter, information packets, and a 02/01 Transforming Information Services: number of other valuable ICMA publications. Requests for general information concerningICMA's InQuiryService sub- 01/01 Roles,New Strategies 01/01 The Retreat as Management Tool scription package should be addressed to David George at 12/00 GASB 34:What It Means for You 202/962-3531,or dgeorgeC�icma.org. 11/00 Continuous Learning:A Leadership Challenge 10/00 Waterfront Redevelopment Publishing and Information Resources 09/00 Design Review Barbara H.Moore,Director 08/00 Police Accountability:Establishing an Early Christine Ulrich,Editorial Director Warning System David George,Assistant Director 07/00 Managing Conflict in Combination Fire of Clearinghouse Services Departments Steven Taylor,IQ Service Manager 06/00 Sexual Harassment:Successful Policy Dawn Leland,Production Director Implementation • Joe Wallace,Layout 05/00 Access:Making Your Community Internet-Ready This report was developed by the Trust for Public Land,a Financing land national nonprofit land conservation organization,and g • written by Kim Hopper as one part of a forthcoming Conservation � � � "Creating entitled a Local Greenprint for Growth." Hopper provides research,marketing,and campaign services to TPL's Conservation Finance Program. • OPEN SPACE PRESERVATION METHODS tion.With a lease,the government pays a lower cost for land but has limited and temporary control.With a pur- Local governments use a variety oftools to preserve chase/leaseback arrangement, the government agrees open space, from fee-simple acquisition to conserva- to lease land back to the seller,subject to restrictions. tion easements.This section covers the most common Generally,voluntary land conservation techniques tools, providing the pros and cons of each approach. are far less controversial and generate more public sup- (Although regulatory tools are summarized here, the port than regulatory ones.Voluntary approaches assume emphasis of this report is on voluntary,market-based that landowners are willing to sell their land or ease- ilor solutions to land preservation.) ments and contractually agree to the approach.Regula- If purchased and managed effectively, fee-simple tory techniques are often politically unpopular and can acquisition provides the most permanent protection of generate intense opposition from landowners.As a re- land.Land acquired typically raises the value of nearby suit,many land preservation plans specifically note that property, increasing the tax rolls. This approach also land must be acquired only from willing sellers. reduces conflicts over conservation approaches because Regulatory approaches are, however, effective in the public bears the cost.On the downside,acquisition preventing development in sensitive areas,controlling is too costly to protect all resources and reduces the patterns of development and pollution,and preventing amount of land on the tax rolls. costly disasters,such as floods.Required developer con- tributions can also help offset the costs for infrastruc- A variety of tools,voluntary and regu- tore and parks and open space that result from new latory,will likely be needed to meet a development.It's important to keep in mind that a vari- communit 's land conservation goals. .ety of tools, voluntary and regulatory, will likely be y needed to meet a community's land conservation goals. See Appendix A for tables summarizing landown- Conservation easements offer their own set of ad- ership arrangements. vantages and disadvantages. Among the advantages: Easements are more restrictive and more permanent than regulations;landowners decide to protect their land and FUNDING SOURCES AND FINANCING may benefit from tax incentives;easements are cheaper TECHNIQUES than acquisition;and land is kept on the tax rolls.Ease- ments,however,leave land in private ownership,often The options for funding local park, open space, and denying public access. (See page 6 for more informa- recreation projects depend on a variety of factors, in- tion on agricultural conservation easements and on pro- cluding state enabling legislation,the economic health grams for the purchase of development rights.) and borrowing history of a community,and the politi- Short- or long-term leasing of land is another op- cal will of local elected leaders and the electorate. In Financing Land Conservation is part of a larger publication being produced by the Trust for Public Land(TPL)entitled"Creating a Local 410, Greenprint for Growth,"which will cover a variety of issues that arise during the implementation of a land conservation,or"greenprint," program at the county, city, or town level. Topics include designing and administering a plan, facilitating public participation and communication,defining preservation goals,identifying and prioritizing lands,determining financing methods and funding sources, forming partnerships,and acquiring the land.For information on the report's publication date or for more details about TPL's Greenprint for Growth and Conservation Finance services,see TPL's Web site at www.tpl.org. 2 Financing Land Conservation many states, the options are expanding as local gov- Revenue bonds.Revenue bonds are typically easier to 0 4 ernments areg iven greater fiscal power. approve and costlier to repay than GO bonds. These Public financing for conservation can take the form bonds are paid from the proceeds of a tax levied for the of a pay-as-you-go measure,long-term borrowing, or use of a specific public project or from the proceeds of a combination of the two. With pay-as-you-go ap- fees charged to those who use the facility that the bond proaches,the government spends revenues from gen- has financed. Voter approval is rarely required, as the eral appropriations or from a dedicated funding source. government is not obligated to repay the debt if the rev- These funding sources which can include property enue stream does not flow as expected.This factor also assessments, sales tax set-asides, real estate transfer makes the borrowing costs of revenue bonds higher than taxes,and even one-time environmental fines and bud- those of GO bonds.Unlike GO bonds,however,revenue get surpluses—can be attractive to debt-resistant vot- bonds are not constrained by debt ceilings. ers and public officials.' "Pay-as-you-go" means ear-b - ear accountability and no borrowingcosts.On Short-term debt instruments.Short-term debt instru- Y Y Y ' _ mems,such as promissory notes and bond and tax an- the downside,it also means relatively small annual rev too small to payfor large capital ticipation warrants,can also provide communities with enues (sometimes gpark and openspace protection financing options.Al- projects)and funding that can be difficult to sustain as thepolitics and leadershipof a communitychange. though more costly to the borrower,these mechanisms g• • can helplocal governments that have limited long-term Borrowing presents its own set of opportunities , . obstacles. On the one hand, borrowingcan pro- debt capacity but sufficient income to cover the and p debt service on a loan. vide a community with the revenue and flexibility it needs up front to fund large-scale park and open space projects, the cost of which is less today than it will be Alternative Financing Techniques tomorrow.On the other hand,financing charges accrue, and convincing voters of the merits of incurring debt Lease/purchase contracts. Lease/purchase contracts can be challenging. General obligation bonds also re- can be used when a decision has been made to buy a quire voter approval sometimes by a supermajority property, but up-front funds are unavailable. Under of the electorate. such an arrangement, acquisition can be paid for in Often,the two techniques are combined by bond- periodic payments,or installments, that include prin- ing pay-as-you-go funds in order to bring in more up- cipal, interest, and associated costs. The contract can front cash.These revenue bonds,which rarely require grant possession or use either for a specific or for an voter approval,can combine some attractive elements indeterminate period.2 of both approaches. These contracts do not necessarily bind a future See Appendix B for a table summarizing local fi- government to a purchase;often,this is not legally fea- nancing options for land conservation. sible.Most governments can,however,enter into a con- ditional agreement to pay principal and interest subject Borrowingto annual appropriation. In general, the economic ef- fect of a lease/purchase is similar to that of a bond, General obligation bonds. General obligation (GO) but the arrangement is structured so that it does not g g bonds are essentially loans taken out by a local gov- violate any constitutional limitations on borrowing or ernment against the value of its taxableproperty.These affect the debt ceiling.A drawback is that the more com- bondsg plicated a transaction is, the higher the transaction are secured by the issuer's full faith,credit,and g taxin ower to make timelya mems ofprincipal and costs,unless these are offset in other ways.And land- g p p y p p interest.GO bonds are a popular open space financing owners may not be willing to wait for their money over tool at the state and local levels because they allow for a period of years. the immediate purchase of land, and they distribute Certificates of participation.Certificates of participa- the cost of acquisition.They do not,however,provide tion(COPs)are a variation on the leasing theme struc- a source of funds for maintenance and can be difficult tured to enable a group of investors to buy to achieve for several reasons. proportionate shares in tax-exempt income from a First, GO bonds require either voter approval lease,pursuant to a lease/purchase agreement.3 Since (sometimes by as much as two-thirds of the electorate) payments are made year by year,the transaction is not or legislative approval, or both. Interest charges also formally considered debt and therefore neither requires add costs to the price of the project,and debt ceilings a referendum nor affects a community's debt limit.Al- limit the amount of bonds a community can issue. Fi- though fairly new,COPs are becoming an increasingly nally,there is generally stiff competition for GO bonds important tool for protecting open space at the local among the many local programs in need of financing. level. Depending on the situation, open space bond money110 can be included in a general capital funding measure or paired with related environmental programs, such as agricultural land preservation or soil conservation. Financing Land Conservation 3 4101 "Pay-as-You-Go" Approaches and Nontaxing revenues can plummet in a soft real estate market.Per- Tools haps most important,winning approval for the tax in the face of opposition from real estate interests has Property tax.Perhaps because it is paid in a large lump proven to be a tough challenge for many communi- sum, instead of in small additions to each purchase, ties. At the ballot box, transfer taxes for open space the property tax is the least popular of all state and lo- have usually been successful only in wealthy resort cal taxes.4 Still,property taxes are an important source communities. of revenue for local governments and a clear favorite Impact fee. An impact fee is a one-time charge that as apark funding mechanism for the following rea- p privte entrepreneurs, often developers, must pay to sons.. the local government in order to undertake a project. • Property taxes provide a steady source of revenue, In turn,the revenue from the impact fee finances pub- less affected by downturns in the economy than lic goods and services that are associated with the either the sales or the income tax. project but that the developer would not provide vol- • Theyare relativelyeasilyadministered at the local untarily.7 Water and sewer lines, streets and bridges, and parks and recreational facilities are projects typi- callylevel. funded byimpact fees. • Revenues can be accuratelypredicted. p Although they have their detractors(who oppose • The tax burden is broadly distributed. the added cost of development and, in some cases, a • A small increase in the rate can enerate substan- decreased availability of affordable housing),more and g more states are adopting enabling legislation for im- tial funds. pact fees.Impact fees are a common tool used by local Despite their lack of popularity, voters in many governments to help pay for the acquisition,construc- communities have been willing to accept an increase tion,and maintenance of parks and recreational facili- in property taxes when revenues are specifically ear- ties near new development but are not as useful for marked for park and open space protection and when acquiring large properties farther afield. accountability is guaranteed. In 1992 and 1996,voters Special assessment district. Special assessment dis- in Los Angeles County,California,approved more thaniip p p $850 million in assessments forpark,open space, and tricts are separate units of government that manage p p specific resources within defined boundaries.Districts recreational improvements.On the opposite coast,vot- va 'in size,encompassing single cities or several cours- ers in Ocean County,New Jersey,approved the creation p g g of a countywide Open Space Trust Fund in 1997,funded ties.They can be established by the local government p p or by voter initiative,depending on state laws and regu- by a property tax increase and used exclusively to ac- lations.As self-financinglegal entities,they can raise a quire and maintain open space, natural lands, and e g predictable stream of money(through taxes,user fees, farmlands. or bonds) directly from the people who benefit from Sales tax.The sales tax is the second-largest source of the services being funded,which are often parks and income for state and local governments and is typically recreational services.$ the most popular with voters.6 The tax, which is ley- Business improvement districts (BIDs) give local ied on the sale of goods or services,is easy to adminis- communities another park financing tool, albeit one ter, has low reporting costs, and can generate large that is typically used more for park maintenance than sums even at low tax levels. It can also tap into tour- for acquisition.Like special assessment districts,BIDs ism profits generated by open space amenities.On the assess residents within set boundaries for additional downside,revenues can drop when the economy slows, services, such as park maintenance and public safety. and the tax is often criticized as regressive,falling dis- They are unique,however,in that they establish a part- proportionately on lower-income people. In addition, nership between property and business owners in many jurisdictions require a sales tax increase to be downtowns or commercial sections for the purpose of made in large increments—one-half or even one cent— improving the business climate in a defined area. making it harder to fine-tune than the property tax. Finally, benefit assessment districts assess a t isde- fined constituency and provide benefits to those resi- Real estate transfer tax. The real estate transfer tax dents,from water and roads to parks and recreational levied on the sale of property,increasing with the size facilities. Unlike BIDs or specialecial assessment districts, of the property� bein sold. Costs are sometimes im- benefit assessment districts lack a partnership,a struc- posed on the seller(who has typically experienced an ture, or a separate governmental body with manage- increase in the home's value over the years). In other ment responsibilities. places, buyers foot the bill, because it is argued that p they are making an investment in the future of their Mitigation land bank.A mitigation land bank is a natu- '-to community. ral land set-aside in which developers compensate for At the local level, the real estate transfer tax can the adverse impacts of development—often the deg- raise substantial funds for park and open space acqui- radation of wetlands in a location other than the de- sition, particularly in fast-growing communities. But velopment site.' Mitigation is often the best option 4 Financing Land Conservation i when development violations have alreadyoccurred in the same proportion as it was collected;2 percent is on-site or when keynatural areas are targeted for pro- reserved for administrative purposes;and the remain- g remain- tection. It also offers local governments flexibility in der is disbursed in the form of grants to those jurisdic- their land use decisions andg ives communities the tions that have an approved open space and/or ability to protect a single, larger area rather than recreation plan. Instead of allocating a proportion of smaller, scattered tracts of land. By doing so, mitiga- revenues generated by its municipalities,counties can tion ields the greatest value for people,wildlife,and also use a per capita allocation formula and/or estab- threatened ecosystems. lish a grants program to distribute the funds. Mecklenburg County,North Carolina,has a plan Other taxes. Although less common, the income tax in the works to divide$30 million in bond funds equally and a cell phone tax have also been used locally to fund among six municipalities. (The $30 million in county parks and open space protection. funds are part of a larger bond approved by voters in 1999.)To be eligible for its$5 million share,each town must have an open space master plan and must match DISTRIBUTION a F FUNDS the county funds on a one-to-two basis.Any funds that are not spent during a five-year period would become When a program has been proposed,the nextquestion available to other jurisdictions on a first-come, first- is how to allocate money among all the parties at the served basis. table: the county and municipal governments, public The plan was developed after one town sought fi- agencies,and nonprofit organizations.A variety of ap- nancial assistance from the county to implement its proaches are used to achieve funding equity. For in- open space plan. County leaders felt they should do stance, some counties take municipal conservation for all towns what they'd do for one and asked the priorities into consideration when making spending de- towns to come up with a distribution formula. The cisions but distribute no money to other jurisdictions or mayors and county managers met and recommended entities. Other counties establish detailed distribution the even$5 million allocation.There is some specula- formulas that allocate portions of county revenues to tion that smaller towns may be unable to meet the various parties, such as municipalitiesand nonprofit match and use all the available funds.If this is the case, organizations.In other cases,specific projects are named larger towns may have access to more funds. in a funding measure,like a general obligation bond. To summarize, then, county/municipality distri- For example,in Pima County,Arizona,voters ap- bution formulas can involve any of the following ar- proved a $36.3 million open space protection bond in rangements: 1997. The ordinance for the Open Space and Historic Preservation Bond tied specific dollar amounts to iden- • Each municipality is returned a proportion of the it tified properties, showing voters exactly where their taxes generated. money would be spent. (However, funds raised • Each municipality receives a per capita allocation through the county's bond sale are not sufficient to pro- of funds. tect all named properties,and a process of prioritization . Each municipality receives funds based on the is also used.) This approach is also used when voters p ' pp number of automobile registrations as a ratio of the are approving a one-time source of funds to purchase total countyregistrations. a single property threatened bydevelopment. g g p p ty . There are as manydifferent ways to distribute funds • Each municipality receives an equal amount of conservation needs. available funds,with a matching requirement. as there are communities with land Counties commonly cut the pie into thirds,serving one • A sum of money is spent annually in each political piece to municipalities,one piece to unincorporated ar- district within a county or special district. eas of the county,and one piece(in the form of grants) to private nonprofit organizations and/or public agen- cies.How funds must be spent can either be stipulated Grants before distribution,in accordance with the overall plan, or left to the discretion of the .reci ientGrant recipients are often reserved the final piece of P theie.These recipients might include nonprofit land p p trusts, public agencies, and/or municipalities. Typi- Distribution Formulas cally,applications for grants are submitted to the advi- Douglas Countyand Adams Countyin Colorado have sory board,which then makes recommendations to the taken two different approaches. In Douglas County, governing body based on an established set of criteria.bond proceeds are split among incorporated munici- In Miami-Dade County,Florida,more than half of palities based on the ratio of the number of automo- the revenue from the$200 million Safe Neighborhood bile registrations within agiven municipality to those Park Bond is allocated to public agencies and nonprofit 0 g p within the entire county.In Adams County,Colorado, organizations for the development, improvement, or 30 percent of a countywide open space sales tax is re- acquisition of parklands some of the distribution be- turned • • � p p in determined on aper capita basis.An additional$15 to the cities, towns, and unincorporated areas g p Financing Land Conservation 5 million in challenge grants is allocated to these organi- and the local government is spared the added finan- zations for the land acquisition and development of cial burden of new development. youth recreation and service facilities and for natural The ability of local PDR programs to achieve their area, recreational, and open land acquisition and de- objectives depends on how they address several core velopment. Once grant funds have been awarded, a issues: contract with the jurisdiction is drafted, and program • Identification of land and priorities for acquisition administrators monitor the progress of the project.To safeguard the process,municipalities that are awarded • Restrictions on the land � funds must spend their own money first,then submit • Valuation of easements a reimbursement to the Safe Neighborhood Parks pro- . Methods ofa ment gram administrator. A construction manager on staff p y work has been completed. • Fund raising that the scope of the p • Administration and enforcement. Limiting Administrative Costs These issues are discussed briefly in the following Putting a cap on administrative costs helps guarantee section.io that open space funds are spent wisely.It can also help reassure an electorate wary of new government spend- Identification of Land and Priorities for Acquisition ing.Trust for Public Land(TPL)has found that in most communities,this capis an important and popular part Because few,if any,jurisdictions have enough money purchase easements on all their farmland,PDR ro- of a land conservation spending measure.Limiting ad- topro- ministrative funds from 2 percent to 10 percent is typi- grams set standards that specifythe kind offarmland cal. For instance, in Douglas County, Colorado, 92 to protect and the priorities to give to individual par- percent of special sales tax revenues are deposited in cels of land. Programs identify farmland.protection p objectives andpriorities byapplying criteria,identify- maining Open Space Lands,Trails,and Parks Fund.The re- )p p fund to ingtargeted land on maps,or both. 8 percent is deposited in a separate g for administration,planning,and maintenance. Locally, some jurisdictions identify specific agri- cultural pa Y protection zones where development rights will be purchased. These zones generally correspond ESTABLISHING A PDR PROGRAM to areas designated in comprehensive land use plans where agriculture is the preferred use and development Every state in the nation is losing agricultural resources is discouraged or prohibited. to urban sprawl.In response,an increasing number of The issue of setting priorities is another matter. p Priority and local governments are establishing purchase criteria are used to determine which landown- of development rights (PDR) programs. PDRs—also ers will receive the first offers to purchase their ease- knownP ments. Amongthe factors most commonlyused to as purchases of agricultural conservation ease- . ments—are a means of compensating farmers and establish PDR program objectives and priorities are: ranchers for their willingness to accept a deed restric- Measures of farmland quality,such as soil classifica- tion on their land that limits its future development tions or crop yields.Most programs target farms with for nonagricultural purposes.Landowners are compen- soils that are the most productive,versatile,or unique sated for the fair market value of the land, based on in their crop-producing capability. the difference between what it could be sold for on the open market with no restrictions and what it can be Farm size. Point systems used by some states and lo- sold for once an easement is placed on it.When an ease- calities favor larger farms, on the theory that they are ment is sold,the landowner continues to own,use,and the most commercially viable.Large minimum farm size live on the land and can take advantage of potential may not,however,be an appropriate criterion in some income and estate tax benefits. Easements are held in urban-influence areas,where small,intensive operations perpetuity by the entity that has purchased them, ei- such as nurseries and vegetable farms are more profit- ther a local or state government or a private,nonprofit able than extensive grain or livestock operations. conservation organization. Strategic location of a farm. Generally, states and lo- Agricultural conservation easements, which are calities protect farms that are neither too close to ur- voluntary,are an attractive option for landowners who ban development to remain agriculturally viable nor want to keep their land and gain access to new capital. so far from urban areas that there is little risk of their Many other benefits exist for both the buyer and the development. seller of an easement: land is kept in private owner- th_ ship; agricultural and conservation values are safe- Environmental,cultural,or scenic qualities:multipur- guarded; the value of the land is limited, keeping it pose PDR programs.All other factors being equal,su- ' affordable; cash flow and tax benefits are made avail- perior natural or cultural resources on a farm, like able to farmers and ranchers;land acquisition and pub- wetlands or a historic cemetery,could make the differ- lic management costs of local government are reduced; ence in acquisition priority. 6 Financing Land Conservation t Price of easements.Price is important in determining Methods of Payment whether easements should be purchased from sellers, Landowners areenerall aid for easements in a as well as in settingpriorities among competing parcels. g y P single lump sum of cash at settlement.However,some Other factors.Tenure of the land and the financial cir- landowners are concerned about the high capital gains cumstances of the landowner can also affect decisions tax they would owe as a result of this kind of transac- about easement offers. tion. In addition, banks will often require farmers to i use the proceeds from the sale of an easement topay . off their mortgages. Occasionally, the members of a Restrictions on the Land farm family may find that they actually owe more t Agricultural conservation easements restrict nonfarm money in taxes than they have available in cash after uses such as residential subdivisions and commercial the sale. To accommodate the needs of landowners, development,though most PDR programs allow sub- some states offer installment payments over a period division of the land for agricultural purposes, subject of between three and forty years.Installment paymentslit to some controls to ensure that the land will continue can help agencies leverage their available funds by to be viable for commercial farming. Some programs entering into more transactions, which can be impor- x permit commercial development related to farming tant to the success of a program in locations where de- operations on protected land;some do not.When con- velopment pressure is severe.However,programs must t sidering which commercial activities to allow,programs be assured of future cash flow to fulfill the installment- I need to strike a balance between,on the one hand,al- payment commitments they have made. lowing farmers to adapt their operations to be profit- Howard County, Maryland, finances its install- s able and, on the other, protecting properties from ment-purchase PACE(purchase of agricultural Pconser- develop development that would compromise farmingor make vation easements) program by offering landowners the land unaffordable for other farmers to purchase in "securitizable contracts" in payment for easements. the future. These financial instruments provide for annual, tax- a exempt payments, with the principal amount due in 30 years.At any time, the landowner can convert the Valuation of Easements contract into a security(similar to a bond) that can be Thep rice of conservation easements has historically sold on the open market to recover the principal been determined through professional appraisals.The amount,which then becomes taxable.The county funds value of the easement is typically the difference be- the program by purchasing zero-coupon bonds pay- tween the appraised fair market value of the property able in 30 years at approximately 10 cents on the dol • - before and after restrictions on nonagricultural land use lar thus affording the county significant financial .s have been imposed by an easement. leverage while fulfilling annual payment obligations While appraisals appear to have worked reason- with a dedicated one-quarter percent tax on all real es- , ably well for most jurisdictions operating PDR pro- tate transactions in the county. Several other jurisdic- grams, they do involve problems:they take a long time, tions including Hartford County,Maryland; Mercer often six months or more,to complete;they tend to be and Burlington counties in New Jersey;Virginia Beach, expensive; they are subjective and therefore open to Virginia; and Southampton, New York use this legitimate questions; and more than one appraisal is method. sometimes required, with the final offer reflecting an average or some other negotiated price. Fund Raising These and other problems with appraisals have led some jurisdictions to experiment with other methods Ironically,the biggest challenge facing PDR programs of valuing easements. Among the most interesting appears to be their popularity: even the most active methods is the point system developed by Montgom- programs are not able to keep up with the demand to ery County,Maryland.Though many jurisdictions use sell development rights. Local programs have been point systems to determine priorities, Montgomery funded by general obligation bonds,real estate trans- County was the first to convert points directly into fer taxes,sales taxes,and dedicated increments of prop- dollars, translating the following factors directly into erty taxes. Some jurisdictions have found additional the purchase price through a formula: farm acreage, sources of funding,like cell phone taxes,private con- prime soils, crop value, road frontage, use of conser- tributions, and matching funds. Well-executed PDR vation practices, and proximity to the edge of the educational campaigns aimed at the state legislature, county's Agricultural Reserve boundary.As a double- at local government elected officials, and at the check, the resulting price range is periodically corn- grassroots level are key to winning passage of PDR pared with sample appraisals. program finance measures. State and local partner- ships, as well as public and private partnerships and other creative alliances and sources,are also important `1, to to explore. Financing land Conservation 7 ■ • • +^�-r� � " � 3-.�Y'�Fwz r����,��C �� c^Y,",,y`,mo,i'H..�'�'Yn s SE.r�1�.,�r�,.*., .,u,r"-R d.r,}S 3 ._. �=.,��-,'. Administration and Enforcement �4` s ,, _ , S V a tL ri-'F f :;;:. kii � '�- X s�. f. '� `�"'�y'"4 .,.�jt a:,�.�%�,�,C,'x''' j.�..Yr.'�'2`,. _•..x s,��, r. �..E,'zs��"'�-�.y�.�£G� A icultural conservation easements are onl effective "� gr y ...f*''. � hese a ion. o eco'epi.®�b�li �cn e.r����.� �'�. { ..f*'r -: e- }' ca�,t �'" ,-.,�.tY"^2 sas' ice` w ,-.r. ws "`�t3+ , atprotectingfarmland when the restrictions they im- �r�� x _��' � �� =t � � d • §.i -,_-" z� ., Y =.l y.'-r�1- A-'e` A` . .r s w� 5. s � pose on the use of the land are enforced.A s stematic � = ��� - A�r ` �.--4,. .„.,v,r x �A�-.. :t - x ,= i Y Gro � 9"��� c 3 .t-s �a���. �J�„d'�-r .x �r,r, s�"�j�tiG,•$<o�?�,'! r.,Y. .4� s�"' '+'---.„ ea',,, ,, -..,,,r ^'^� .r• -;, ';..ma y • • .'r z..y'rc",�x+err� aa� s»�-+9T,+x',a.��.�.'�. �,��,��.. ���� �� � 'fir��'.�y�.�t�.� '°2 monitoring s stem and lon term commitment are es- �� ,1,--,-;.:-,,.-4;„,.::,,,,,,. b g Y g- -. arce �rnminen ®� � .�Y Y. A -',- sential. The local program administrator generally o-'11� oT s -f e 6 ®e `e ' monitors the program y visiting protected properties _y �� t � +� -�„,3-,,,,,,,,.,,,, ,,,.'4,,,' 4� e ri S'S � ,: 3' cam, LqZ ��.+���.P�is ¢,� `^� • +'''':?:44,..-iii,--1 r :�`..v Cl;r ''r-; v. ,:,..:w 'bow. .. j t'i°i,"•%'F� •-',r'r"Tc--a- .” . E to observe whther restricted development has oc- ,¢ s �ee an ig - e ®re 4 curred and/?lrdet.o oversee ermitted develo merit on Y Y �� p p ��� -��.x �.�® � orsezor�se�� �4-;;',.--.4,,,,,,'„,:r�����,a F �q �Z` ��a � Safi%ea .`a sser ce arra:'al - � F �+approved buing lots.Although local programs may r �- j Y� ,fit v s f F T}F-".Rs '+Yom- Xy^ i�`» • Y • • `4 "�r ''-faf4`t ti ny x+.�,y.-"br .+... ,,,,{cXC ._'K' '1'- '+" .r,,'+1R..eke,!•fu '-.„:7.',-/f. f✓K-„,,,,,,,,,,,,-5,'7,-,-,- '. H 4' ---'•1',,; - "''x?Y• -> 4`�r'C.!. not have their own dedicated staff, they generally re- 4�n-� F -� -�$ _r�viro men ally�sense ive a��,..._.:ii��, � � � �,�� �;:3 -� 'fir -,i; �' �---=--- r ar .. }� x � y y quire the equivalent ofat least one full-time position. E-141-ip„Pqrg,e-desig ate a env ro en a` `se `e fthe ori a v mora£' eag . `sy L.'s, e4 e arece in or#adjacMe f r —,,,,,36__•!,_-,_--- -,- ;i-' S®ie_ CASE STUDIESx ` 3�x' :,--,- .a7 ss �}-.,`4,w--,,,- r 1, - . of 9 me� 3 e�as ®esignated ® � ®4 ire e s- _ The Preservation Project:Jacksonville, Florida W.,,,,,11, ,.1,i,--:®aro Yi d®pec .'j� � ®-1 . 3 e gna e- a ®r-se ,,1 Florida, r• ,L, -� Covering 840 square miles,Jacksonville, is the spa e es g-.1,..„a ,o s-�ariticaa �� j i a..ri"cF.;.44-1-.6_ S . --., -e , ;., £ '-' mars x r .e- r 3 c largest city b area in the Conti ous 48 states. Tour- --A --- The ,.. f g tY Y � _� 8or ctQ��s�man®�. � o �®;:e ®� �� and new residents are attracted to Jacksonville by ft . - / y 1, ��= w. "`..a'. _ '..rE ',' c. $` _: 3w'•y-7 -;�g ,.i.-:----;-- s .r- x':i' the region's mild climate and lush beauty,by its abun- 1-7;11..00P;:::-,,e ea ce c�co. a n a o a �s P a • A� �_:c ;`: � _..�� vc, �� s^S�=1t a.. ♦ rd+.�Y^ _.Y y N 4�4..+ dant recreation, and by nearby open space resources 0 i a�SPC: like the 46 000-acre Timucuan Ecolo ical and Historic *----'-aite ?..,91q.-,-..---.41-i-wriCaa- ists a®�" =g �.,4jJ' �`-�? 'Ct� r®ge ;anac®Uiso „,,--i---...--6,-,-, ..4)-,,: Preserve. _. _ • eC � y dan erect #. , 4 But Jacksonville is also a ra idl rowan Cir . .:. p Y g g tY r approaching one million in population in one of the a er ® a i man -',„, a,„wfie reso r_; -� _ f � } _ tee`'�..s ' ' • • 'i*'a.. :_,-7---.�., s' . -'°”'.:r�;!"1 %- - r ,r:'rd...t�.>'z .= 3-i. _^z-.r.,, nation'sfastest-growing states, and residents worry a e ®arc c s a s rrie=® - ...,i-,- �x ---,:,;:,-,-3, • • • 'r r-x s_.'.saaos. ,: 'S, -c.« .7.4F71,-.1 ,,,. �2.•'r T.�- ,- }."st ,, y��,.7 p� °-^ aid's+, r about preserving their environmental resources and fro e a erways o - ® o , _� qualityof life.(Jacksonville and Duval Coun consoh- --".• ar ®otarea N® a� dated their governments in 1968.)In January 1999 Jack- - -,--7,---:,,--;-; M ;' °` x ® -4.2-,,,,---,-,,,,, ,,,,-as wrar'h'.>,.�..5 ��a�a -'�. �x„r x.;t,x J sonville unveiled the Preservation Pro'ect quite � 1 Y- ace 1pa •rl.a `��� , lto a la`� sec' possibly the nations most ambitious land conservation . h ro ram targeted at uidin rowth and preservingo --IN.$ ,, } 4.� X - � -- ---.--:,--- Tj p gg g g ce �� � �-.x� � �, The new ro ram draws on the ex e- „,,-,...,-,--•"'-_-4,-/'e-:r4,7....,„...., - 5 _� r ee.. 3 - ' y access to nature. - p g p Qe ®aTce pr vide pub z ooe . �,-. � - riences of other counties in Florida that have had pro- Y a ®ee i-cu` ' ,,i, , �� ��f 9 Y a grams in place for many years. The dual goal of the ®e he parte:.conned, �exis . ,,,,,-;,-1 a , • • R >7” .o. F.Y.. ,3 .'.-''',-a.:..... -`fs✓. d�I,,..,r:x,. `L "� .,. Y'A r. �. five-year,$312 million effort is to acquire for public use os m of r..„ s:-or ! a �, . z rtz : a roximately 10percent of Jacksonville's remainin r---1:-.,g o�esza�t�h,, e ®are town •.e se c en are® , pp ✓ p g ` � �:'�" -z... �' '---, � Oh4rh A.--,,,,,- .as. � �+'.r"-v s�°`rn..a. �:sc � fix.. .� developable land (between 10 and 20 square miles) c here=s hmi a !x® -� �y `;, while improving access to the St.Johns River and other °�� =s,. � r z a --,7,i,. . ` r ^- d'^ .✓ .ar.;. a.,,,k3' -. /r, t ,1 z -�� .mss,,, 1 _.y J, ^ �� � ,�"#3-3 �,yam -�.�, nom:,. /�>.. G'� ..j ,- oorce� ckson�� e¢Flora®� .e a o -:,--_-;:,:-;-- grams natural areas.Several dozen city parks will also be up- --1.--,-.4.,,,,,,w,„4-1041.44x-,0 Y . ,9.,,,,,, ,,,,t----,:--4--,„--..-cknv � � �} a � 11 �$ ��� *d�x�Tom-.3 �f'4a� ✓"a ��y.g.--,..f.:,7,.,--,--t -F,-�p �3 Y � �?d �j. graded• �bm�-. 5 -- s,a.v c _ r,,�s''' Gh s �s . ,T y ? c Funding plans.A varietyof local,state,federal,and ri- "�` ������� �`� �' A = _s��� ` `�-,,,,-.4:-.!-'� �������'�•,---,.,.,,,---�`�� � `� p vate funding sources are being lined up:$30 million from a city bond;$16 million from debt savings;and$25 mil- billion projected to be raised will be. e directed to the Pres- lion from the municipal electric utility for strategic land ervation Project. purchases near electric and water utility properties•The managingrowth byac uirin land. Theplan uses city is hoping to secure $75 million from the state's $3 g q g p billion Florida Forever program,the nation's largest state land conservation as a growth management tool, tar- p g geting lands that are important in the effort to limit funding program for land conservation, and one with significant resources dedicated to urban land protection sprawl and contain growth. Its three other guiding p principles are preserving environmentally sensitive efforts like those of Jacksonville. lands; rotectin waterqualityand water resources; In September 2000, voters approved a one-half- p . . g . cent,local-o tion sales tax to fund the Better ackson- and providing public access.Within these principles,a . p J set of 17questions helps lanners determine the eli '- ville Plan, a comprehensive approach to growth . . p p maria ement, trans ortation, the environment, and bility of a pro •perty(see sidebar);properties receive one g . p point if a question can be answered in t• he affirmative. economic development.Fifty million dollars of the$2.2 If a proper scores ei htpoints or more, it's consid- p p tY g p ered eligible for acquisition.At this juncture,other fac- 8 Financing Land Conservation on torstors come into play,such as the best c of intomatching d deals and the avail- another ollars. 17,000 acres in Duval Countabil y and have ide ro- help implement theplan. have been formed to 0 acres for consideration.The r • The first,the Mayor's Over- gram has also sparked some new ideas, including p sight Commission for the PreservationY er buying development " Project,is a 12- lands nt part of from the owners of timber- sight member citizen advisory board responsiblein the westernmber- public input and visor for seeking In the of the county making final acquisition recommen- all, Preservation Project has acquired dations. The second is the Steering5,000 acres in its firstisquired pearl Committee, a in year and considered a res nearly resound- dations. nisciplinary group that includes g success.In fact,tombi es the mayor's chief tioushe mayorput forth such an am '- of staff,the heads of the departments growth managementbi . p ments of planning and manyco plan that the firstyear public works and the head of the conservation left real estate division stakeholders running to catch u within public anado ecologist; But the purpose of thep• w the Trust forworks; and representatives p program was clear,and the y plan- within The Nature ping process has worked We p n off the The Steering Publicng Land ande Conser- Delaney: "The Preservation well. Remarked Mayor Committee reviews and targets Y Project has been a little ' projects and makes recommendationsg , like the Jaguars.I knew bit to the Mayors it would be big,but not this big." Oversight Commission. i . g The program is being establishedGrowing thor- oughly atwo- h quickly yet thor- rowing Fast, Growing Smart: • two-phased approach: the first phaseAustin, Texas focuses withon getting the land acquisition Attracted byan program up and and educated workforce,rollinghillsides, running;the second is dedicated to d a relaxed atmosphere, sides, developing a man- companiesp ere, more than Bregion e ihigh-tech- running; h-t t h- agement structure and fund-raisingnology moved to the Austin r ' g agement (3) organization hasdalso strategy. (A 1990s.Austin's livabilityeg1On in the been established to so- pe is owed in part to, a vast licit private funds.) In order to work ofparks andnet- voit private estate market, retain flexibility in a amongtr 'open spaces.np In fact, the city ' Mayor John Delaneyand this country's richest in parkland, is his ac- volatile have avoided creating a quired thousands ,P nd, having since rigid system or a newof acres of sensitive greenspaces bureaucracy.For instance,landowners, the early1970s. p bureaucracy. eau leaders, and neighbors,corn- political representatives haveYet, some of the assets that attract new residents through an informal system life, like natural resources and economic iat encourages direct contact rather thanare also threatened quality of formalized, population boom. by the economic and nomination forms.Potential landsp a written when development are also iden- waterJammed highways,declining a' proposals are submitted to quality,and sprawlingdevelopment it and city. Projects are then evaluated challenges—ones p ent are today's tified using the system that are beingmet head-on y' described above. Y ist citizens and local . don by activ- theFor the purposes leaders alike. Four times in the p rp of Preservation Project land past decade, voters have supported quisition, the u pose has been divided ac- parks,greenways,andpp new millionspg for into five corri- n ' open space,approving dors.Jacksonville works in partnership of dollars for land acquisition. for Public Land and p ership with the Trust The Nature Conservancyto a - Fundingland quire parcels: TPL focuses on acquisitionsc . conservation. The decade's ' urban corridors,while T within the conservation fundingmeasurese s first land NC looks at rural areas.Other Supported bya 1 - were passed in 1992. consultants have been used to helpwith 00 member local coalition ies and planningprojects. growth stud- Creek Wilderness Park measure ,the Barton p � s• for opens ace r e generated$20 million Recently, 86 p protection. On the same ballot, voters approved Save Our Springs,a regulatory acquired withY' acres of upland and marsh was q money a varietyof signed to protect the Barton � �'measure de- Success.ing theacquir d Johns River fromWat sources,includ- million thefor Creek watershed,and$23 bi- erManagement District and acquisition of endangered state conservation programs.About a fourthtat in sensitive areas of westg species 9,000 chase price was paid for bythe of the pur- acres have been Austin.To date,over Balcones city.As reported by the Canyonlands acquired by the city for the Florida Times-I.lnion, "The city's a ners to paymost of ability to get its part- sourcesPreserve. Managed t the the asking price is just one way division of the parks department, natural re- Floconrida most management the tat lands alsopreserve p hent scenic vistas censer the expectations growthods of g nt plan has ex- while protecting open space and vistas the plan inthe mayor,who announced p cting water quality. 1 City January 1999."12 After the successful 1992 officials hope toget re' lic Land and thebond, the Trust for Pub- iii art oft p reimbursed by the state for Austin Metro Trails a pheir most recent acquisition: 234 organization studied the c and Greenways part the sensitive landtheacres of envi- community's park needs and conducted an inventory ofparks way. along Intracoastal Water- master and greenways. The city paid$1.4 million for the plan for the cityA property,in a deal was developed, and a public'ollowed on the Trust for Publicinformation effort helped Land's placing a efits inform residents of the ben- t' on the property to helppreventof a greenwaysen veloped before the city it from being de- network. ty could act. TPL then negotiated Meanwhile, a city council mem the purchase between the city and the �3 member who was also tY o g ted a conservation leader pushed City officialseare incity owner. theplan,and a citizens'p ed for an initiative to fund various stages of talks to buybybond committee was appointed the council to help identifycitywideppO1nted priorities for a Financing Land Conservation 9 bond election and to oversee the expenditure of the ervation lands.Other sources include a parkland dedi- funds. The results of these efforts were Proposition 2, cation fee and grants.The parkland dedication ordinance ,J a$75.9 million bond for parks and greenways(includ- requires developers of new homes to pay a fee for parks ing$35.5 million for new open space acquisitions)and or to make a contribution of land. Federal and state the creation of a new program, Austin Destination grants are primarily used for improving existing parks Parks and Greenways.After years of planning and or- and greenways but can be used for land acquisition. ganizing,voters approved Prop 2 in November 1998. Managing the program. How do cityleaders im le- What was unique about the Prop 2 bond campaign g g p. g p was its focus on social equity issues. Roughly 80 per- parks their growing land conservation program? The q g Y p arks and recreation department is the primarycity cent of the new bond money is earmarked for parks p p and trails east of Interstate 35,where manyof Austin's department that acquires and manages open space. Actual real estate transactions are handled by the real low-income and minority citizens live.14 This measure estate division of the city, usingthe Trust for Public reflected the city's comprehensive Smart Growth Ini- dative,an important factor in the success of this cam- Land and The Nature Conservancy of Texas to assist p in some of the more complicated efforts. paign. Passed by the city council in 1998, the plan , strives for social equity, economic development, and The city's water utility has recently started to ac- strives p quire land for theprotection of the aquifer recharge environmental protection.The bond included$15 mil- zone . jurisdiction.q glion for reenwa s,as well as for metropolitan zone within Austin s extraterritorial The greenways, moneyutility's staff for this initiative so far consists of one parks connected to the greenways. a conservation land manager.To date,the util- Citizen involvement was another key to the person, g measure's success. Throughout the process of design- criteria n- ity has concentrated on establishing land management gg criteria and planning. ing a greenways program, for instance, local leaders Greenways and Destination Parks lands are worked to build public awareness of their land con- Y servation objectives,sharinginformation about the eco- targeted using the city's Smart Growth Plan,which des- servation agnates parks and greenspaces in the "desired devel- nonuc benefits that a greenways network can bring. opment zone"of the city..Within these identified target These efforts were instrumental in securing broad sup- areas, g from business and neighborhood leaders,which areas, land is evaluated and given a numerical rank- portg ing using stated criteria(see sidebar).Those lands with in turn helped move the political process forward. the highest rankings are considered highest priority Notes Council Member Beverly Griffith:"What we did g g g p ty -, was pull together a coalition of 41 groups business � �k�s""� �.yY'""sr�3F�'3.,y '.." Y f < ���'�� ,y�.4Ls�x`'^xEr 0—,,,Nt:Z.--f.*-',=:--,--and professional environmental parks and open space ,.y � e � � � 4�• • • f;i rw»�'�'t�4 r.,i�,k i�,.a�,�rS ;.z r -i--a'" '� -r �':.Y -a'sCy,, t .�. ,r �1 neighborhood, and community groups to articulate .r e tothe citycouncil how importantDestination Parks and Greenway cr�ten e o it was to have that -�-_ N - _�-�, - - � � ,:k*. '��.^ .a=^q,�`-�,.��"�.,�� rF ry ,`h� '�."k y Y'�'r .-:� '' ^eV fix:'' '�2t�. '-�'�d— ,42 X 1 $76 million bond measure on the ballot. It was their Park cevelo men otentia `2 'Koi#s `�v yl P tp - t.� n s e e voices and physicalpresence that of it done.Pro osi- -" � v {w� - = K `' ' . p Y g p a:. . = ation f it e rz bye` ter recce al;ac i es s s� f�c��� _ tion 2 camefrom the tothevoters and won by ,`. ..- .1.--•' ., =, , ..,x-_ - :. e people o s ra- resources -is contiguous ® o er ark c • • • • �wa'�*4g ?Y'ti -�y5�4Y� 3�ss S� �� K o-``�'�,�` �--��.� Via? � x�^� ."„t,1-----%:j^r �"''fi almost 60 percent, proving that if the citizens tell you rod�occry e ,„ ; � y . -i.",:-1. -----,4.:',{ y� what theywant, and you do it, theywill vote. Don't Poi enia,_as::greenway(25 points)._ d :�:p 0:I F-_,--,-',:. take it to them,take it from them. glen erfrdcterisf1Euchs tcerc. opportunity;potential for trails, .._ � �.� � �`1; Also in 1998 (May), voters authorized a $65 mil- " undist`` ed flooz- r i • plain,wildlife corridor, - R®nd so 01:10.A4] natural hab �" lion revenue bond to purchase land and easements �g z- - :�° , • provides connections to net e hbo ooa-4";pa t-ar within a 15,000-acre, hourglass-shaped buffer zone. - t i.., s � ' _�� , .: i business :- -7y This area is almost entirely within the Drinking Water � ` �' ��" ' �� ` } i r ^- r Protection Zone designated byAustin's Smart Growth Potential forlaiding in neighborho _®evelop e t g (20 points):Adjacent lame is„developable t Initiative which was approved bythe citycouncil in i : ` i,. . pp , homes and businesses;is=�accessibie to par sIa- the same year. The measure is funded b an increase A�mac S les,aid Y , `�` y y greenways; infrastructure Arp , `04 { in residential water rates.16like)i Yee:t- - „�`a`—-0` is accessible� �� �� z Most recently,in November 2000,voters approved Potential for watershed protection-(20-points; de ' _i $13.4 million in bonding authority for land conserva- tified as a priorityfor wat qualityim rove e �--. _ ' p *� tion.These funds are to be matched by rivate money identified Yas a priority for flood control, l ,4 -17;:-:441i to purchase land. Funds are directed toward land in avoided by`prevent on of development;watershed 1,1 • benefited by land protection;pr the Barton Springs watershed to prevent pollution to rotects`base flow of ,s„r.:.•},a c- oSyt +'1fa` '.0+ .b- '.c < --' ' the city's water source. The smaller size of the bond water -� :v fir; . . Potential for open space conservation(]0 points): reflects the council's reluctance to take on additional Has scenic qualities;is a large,contiguous tract of ,.,a debt:the$13.4 million actually represents a transfer of -undeveloped land(200 acres minimum);has his- bonding authority that was returned unused by the toric and cultural values; has ar9as suitable foris- . • �-s,” .).- 4,--":4;' '.- -l.J-; fix. Austin Museum of Art. native wildlife. .: „ .�y_. --,,,,c---„,--_,; u7j( Voter-approvedbonds constitute the primary source of funding for the city's acquisition of parks, Source:Austin,Texas,Destination Parks and Greenways.; greenways, nature preserves, and water quality pres- 10 Financing Land Conservation lands. Final selection of lands depends on land avail-and affordabilitypand culturally sensitive lands started beingdeveloped ability (as a matter of policy,condem- at ever-faster • . nation is not used). In some y er faster rates. Puma County officials responded cases, conservation in 1986 by establishingan open P pro- easements can be employed to preserve open space gram, funded p n space acquisition values,but most of the lands will be acquired for by voter-approved general obligation q pub- bond measures in that year and in 1997. , lic access and use. 35,000 acres in 37 parks are protected, ranging across the Managing the land.Parks and greenways are managed county s 9,240 square miles. The jewel am by park maintenance crews;natu ythe 20,000-acre T ung them is re preserves are man- ageducson Mountain Park. by the natural resources division of theparks de- partment. Because of Austin'sObstacles to land preservation. Alongthe way, lap- aggressive land ners and open space advocates plan- partment. program (more than doublingthe size of • • p phave faced their share of managed lands over the last 15 years),staffing political and environmental obstacles not surprising has not in a county as large in acres and •g been able to keep up with need. Thisyear, acitizen- g people as Puna.Whsle based committee studied the parksPuma County voters approved a general obligation bond department's need for the preservation of open spaceg for maintenance funding,recommendingthat the cityp and trails in 1986,the economic downturn in the late 1980s and early1990s council approve a multiyear increase in the mainte- produced nance budget to catch upwith the expanded an 11-year drought between conservation Volunteers also p nded resources. funding measures. Duringthat period, help with park and open space man- between developers . p od, battles raged envi- agement through the city's Adopt-a-Park program. and builders on one side and P p g m• ronmentalists and slow-growth advocates on the Challenges ahead.As in other fast-growing other. g• ng places,the Endangered species protection presented its own cost of protecting land in Austin is high and keeps get- urban Certain species have been so threatened ting higher. Land speculation has doubledp g urbangrowth in eastern by the cost of hadPima County that the county as estimated in 1998:sometimes,the cityis priced to develop the Sonoran Desert out land, the market, and high-priority p Conservation Plan lands are lost, or risk•disqualification for a variety of federal permits, while at other times,fewer acres can be bought. including Section 10 under the Endangered p ' g Yet,while the taskg ed Species Act. The city's response is tryto to be flexible and innova- at hand was to protect the habitat of the cactus ferruginous pygmy-owl, theplan that five. One innovative approach is workingwith devel- ultimatelyy was developed seeks protection for all types of opers on the joint acquisition and development of certain desert plants lands.Because the city often uses"undevelopable" and animals. Hundreds of millions of le lands dollars of local,state,and federal funds will (e.g.,floodplains)for greenways,the developer be used to y , eveloper is often implement the comprehensive land con willing to sell this part of a parcel to the city.The result dangered servation/en- has been a planned development g ed species protection program, which will be- has • that has parks and gin in 2002 and likelytake e greenways built into its land use plan. decades to complete. Despite the challenges rapid growth,endangered To be eligible for acquisition as watershed protection species, localpolitics, g lands,parcels do not always to have • p politics, and rising land values the component and thusy a public access county has made great progress in protecting p may be suitable for acquisition as landscape and preservingg its threat- conservationdesareasements.Austin has succeeded in se p thousands of acres of cur- ened land,all the while forging new coalitions and rais- ing conservation easements on some of the family-owned in public y g p blic support for land conservation.Here are the ranches near the city. This technique is successful when highlights and history of the county's current open the owner wants to continue living on the land and is space willing to manage the land for low-intensityu p ce protection efforts. uses. The 1997 Overall, the city of Austin is fortunate to have a open space and historicpreservation lot of public support for fundingtheacquisition campai n. Anew bond effortbond of g got started in 1994 with greenspaces.In the current atmosphere of rapid devel- the aim of preserving land,historic resources,and rec- and disappearing open space,the demand for reational trails without dependingon the divisive plan- opmentcontinued land acquisition remains strong. Hing process.17 Outreach to diverse groups, from developers to environmentalists to business leaders,led to the creation of the Citizens' Committee for Oen Preserving the Desert Landscape: p Space and Parks. Guided by staff from the parks de- Pima County,Arizona took ai partment, this campaign committee p ga couple of Attracted by economic opportunity, a warm climate, years to target carefullyprioritized protection and the spectacular sceneryofStaff then thoroughlyp on areas. the Sonoran Desert, inventoried potential parcels some 20,000 new residents arrive in Arizona's Pima within identified target areas,that is,parcels that r'ounty each year. To accommodate this growth, been specificallynamed in had new sem the bond measure. (Prob- �mes, roads, and strip malls are spreading out in all s with a past school bond had led to a low level of directions from metropolitan Tucson;no fewer than 17 public confidence in the countyborrowingroc acres of desert open ace area result, the process.As p p lost to development da' board of supervisors daily. in bonding" p established a truth The transformation of the Sonoran Desert began g provision that requires proposed projects in the 1980s,as significantportions of to be outlined specifically q p P p )ects environmentally p ly and tied to dollar amounts Financing Land Conservation 11 in a bond improvement plan.) because most lands are kept in their natural state,over- r: F>;: Meanwhile, committee members pressed the sight and maintenance are typically low-intensity tasks. board of supervisors to call for an election. The Trust The program's success is largely attributed to for Public Land and the Arizona Chapter of The Na- strong citizen participation and partnerships with non- ture Conservancy joined in the effort, offering advice profit land conservation organizations. Open space on campaign strategy and direction on polling. The advocates worked side by side with county staff to de- campaign built a diverse coalition that even included velop the master list of targeted areas and properties builders and contractors. Noted Jim Kuliesh of the and to get the bond measure passed. Nonprofit part- American Subcontractors Association of Tucson,"Our ners have also been involved from the start (advising livelihood depends on building,but many people don't the campaign)to the finish(acquiring properties).Not realize that we not only build but we live here.We use only has the county worked with national land con- the parks,we use ballfields,our kids go there with our servation organizations,but they have also invested in families. Somewhere along the line, no matter what local organizations,helping them expand,mature,and happens,we have to have planned open lands and plan become full partners in the implementation process. things for the generations to come."18 Two and half years of planning and hard work A Permanent Open Space Department: paid off in November 1996: 68 percent of voters ap- Boulder, Colorado proved the bond, providing more than$36 million to acquire 7,000 acres of open space in the Tucson basin. As far back as 1898, residents of Boulder understood The bond was important not only for the money it pro- the importance of protecting their scenic open spaces. vided for land acquisition but also for the message it In that year, local leaders made their first acquisition sent to political leaders.Noted Raul Grijalva,chairman of open space,Chautauqua Park's mountain backdrop. of the Pima County Board of Supervisors,"In the past, By the 1950s and 1960s,population growth had be- there has not been the political will to preserve land gun to soar,and houses began creeping up unprotected planning decisions.Passage of the bond act will show mountainsides and sprawling into the valley.This time, the political leadership that people care about open another generation of conservation-minded citizens space."19 Supporters recognize,however,that while the worked together to preserve Boulder's open space,help- funds are significant,more money must be tapped,and ing to pass the country's first land conservation tax mea- ! new partnerships must be formed. , _ 0 Managing the land conservation process.Although it sure. Passage of the 1967 initiative established a permanent 0.40 percent sales tax,funds from which are used for the acquisition and management of greenbelt was not called for in the bond language,the board of q g open space lands through and around the city.An open supervisors later founded the Open Space Acquisition space/real estate department was also established. Review Committee (OSARC), which is composed of More recently,voters have continued to support the activists and county staff who make recommendations public financing of land conservation.In 1989,voters ap- for acquiring properties. Since the bond language proved an additional 0.33 percent sales tax for open space named far more properties in the measurethan are af- acquisition.And in response to a state constitutional re- fordable,OSARC has the challenge of prioritizing lands quirement,voters agreed in 1993 to allow the open space within targeted areas.When properties become avail- department to continue to go into debt and to spend all able that were not initially targeted,the committee also sales tax revenues for open space purposes 20 has a public process by which to make changes. Final decisions are made by the board of supervisors. Acquiring the land.Since theoriginal greenbelt initia- OSARC members are largely community and land tive passed,Boulder has acquired roughly 30,000 acres conservation activists and technical experts.It is up to of open space land and mountain backdrop and 80 the county administrator to ensure a broad-based coa- miles of trails.As in Pima County,public participation lition,to review nominations,and to select members. and an advisory board this one called the Open Space Executive management of the open space program Board of Trustees (OSBT) have been instrumental in is the responsibility of the county administrator's of- the program's success.Appointed by the city council, fice.Staff from the natural resources,parks,and recre- the board sets priorities and policies for the acquisition ation department assist with planning, research, and of greenbelt land and reviews proposed lands to ensure fieldwork tasks, while the real property division that they reflect those priorities. To provide more per- handles the technical aspects of the acquisition process, manent protection for open space lands,the city charter including appraisals,environmental analyses,and the was amended to reflect the creation of the open space paperwork of land purchases. A local nonprofit land department and the Open Space Board of Trustees. trust, the Arizona Open Land Trust, also plays an im- A number of groups and individuals participate portant role in the process by starting negotiations with in the land acquisition and management process:Boul- landowners on behalf of the county in certain instances. der citizens,the OSBT,open space staff,the city coun- c, Ac Acquired properties are managed by the staff of the cil,nonprofit partners,for-profit contractors,and other qre natural resources, parks, and recreation department. agencies and governmental bodies, such as the Boul- Once properties are acquired, inventories are con- der County Parks and Open Space Department.Poten- ducted and management plans developed. However, tial acquisitions are most often initiated by open space 12 Financing Land Conservation taff, who depend on the city charter for its guiding These policies provide"the framework and direc- principles and refer to targeted areas (not individual tion for future,more issue-specific or site-specific lan- parcels)to determine priorities.Staff make recommen- nin ."21 p p is p g The approximate planning horizon 20 years, dations to the OSBT,which in turn reviews properties with the LRMP beingupdated everyfive years. according to thegoals of the program and makes ac- p p g The open space program has fulfilled its many quisition recommendations to the city council. The objectives:protecting the mountain backdrop;creating committee also consults the Boulder ValleyCom re- a buffer around the city p thatp prevents sprawl;preserv- hensive Plan (BVCP).Adopted by the city and county ing wildlife habitat andreventin the erosion of eco- in 1978,this plan defines and designatespotential open systems; p g g p ys ems;keeping farm and ranch land productive;and space lands,stating that open space shall provide "an providing passive recreational opportunities for resi- important framework for land use planningin the Boul- dents and visitors. being o s:With land being protected or devel- der Valley." oped at acceleratingrates, fewer bigpurchases (500 Occasionally, properties threatened by develop- acres or more)are beingmade. g ment are purchased outside the targeted areas.In one instance, city leaders even saw the need to purchase 1 Phyllis Myers, Greensense, u land outside the city and county limits. In an effort to Land(Spring 1997). published by the Trust for Public curb sprawl that would affect citytraffic and bringP g "Financing • , 2 Phyllis Myers, Open Space and Landscape Pro- about overcrowding,the city bought land in an adjoin- tection:A Sampler of State and Local Techniques,"published ing county that had been slated for a massive develop- by the Trust for Public Land,in Land Conservation through Pub- ment.The purchase enjoyed overwhelming public and lac/Private Partnerships(1995). political support. 3 Ibid. 4 Hal Hovey,The Property Tax in the 21st Century,prepared for Managing the program. Even after more than 30 years, The Finance Project(May 1996). the open space department is still growing and chang- 5 Ibid. ing:January 2001 marked the merger of the department 6 Henry J. Raimondo, The Economics of State and Local Govern- with the mountain parks division of the parks and rec- ment,published by Praeger Publishers(1992). reation department.The mountain parks division rep- 7 Ibid. resents the 7,000 acres of mountain-backdrop land 8 Phyllis Myers,Green Sense. 'quired in the 1800s.Through the joining of divisions, 9 Phyllis Myers, "Financing Open Space and Landscape Pro- .,taff are able to increase efficiency and provide better tection:A Sampler of State and Local Techniques." With the merger, the open space department 10 For more details, see Julia Freedgood and Edward Thomp- service. son,Jr.,SavingAmerican Farmland: What Works,published by has approximately 70 employees, not including sea- the American Farmland Trust(1997),from which this section sonal employees working in such areas as real estate has been excerpted and adapted.To get answers to technical planning, environmental and visitor services,land fa- questions about farmland protection,contact the AFT at 800/ cilities, and finance and support. 370-4879. 11 Introductory section excerpted from Greenprint Gallery,Land Protecting acquired lands. Local leaders recognize Conservation for Smart Growth,published by the Trust for Pub- that increased public use and the high cost of acquisi- lic Land(1999). 12 Chris Scriber, "Land-buy program succeeds,"Florida Times- tion are the city's biggest challenges.More than 1.7 mil- lion visits to open space lands take place annually,and Union,February 9,2000). 13 Jim Saunders,"City Land Buy Blocks Waterfront Building," population growth in the city and surrounding com- munity is sure to increase that number. Toprotect ac- orida Times-Union(July 29,2000). 14„Austin Affirms Commitment to Smart Growth,Open Space quired lands, the program relies on its Long-Range and Its Own Natural Beauty," Southwest ff Regional Office Ar- Management Plan (LRMP). Described as the para- ticles,Trust for Public Land(1999). g mount planning document, the LRMP outlines 15 Beverly Griffith,"Bridging Worlds for Austin's Open Space," On the Land,published by the Trust for Public Land(Winter/ program goals,decision-making processes,and ample- mentation techniques.Specifically,the plan contains the Spring 1999). following chapters: 16"Protecting the Edwards Aquifer,"Building Green Infrastruc- ture,published by the Trust for Public Land(2000). • Policies for open space acquisition and land protec- 17 William Poole, "Friends of the Desert,"Land&People maga- tion zine,published by the Trust for Public Land(1997). 18 Jim Kuliesh of the American Subcontractors Association of • Open space planning and management Tucson,Arizona Republic(May 8,1997). • Natural resources management 19 Raul Grijalva,chairman of the Pima County Board of Super- visors,as reported by William Poole in"Friends of the Desert"; • Cultural resources management Land &People magazine; published by the Trust for Public • Agricultural management Land(1997). 20 City of Boulder Open Space; Department Information; • Volunteer services management www.ci.boulder.co.us. • Education and interpretation 21 Ibid. ; • Use of open space and open space facilities. Financing Land Conservation 13 6 APPENDIX A LANDOWNERSHIP AND CONTROL TABLES Information for these tables was adapted from Tools and Strategies: Protecting the Landscape and Shaping Growth (1990)published by the Regional Plan Association,New York.This information was also published in Doing Deals: A Guide to Buying Land for Conservation,written by the Trust for Public Land and published by TPL and the Land Trust Alliance(1995). Table A-1 Rights and Interests in Land That Can Be Acquired by Local Governments Method Definition Advantages Disadvantages Fee-simple purchase Full ownership of the • Gives public full access to • Expensive. land is obtained. the property. • Usually removes land from • Guarantees permanent tax base. protection. • Ownership responsibility includes liability and maintenance. Conservation Legal agreement is • Less expensive than fee- • Public access may not be easement/ made by a property simple ownership. required. development rights owner to restrict the • Tailored to the protection • Easement must be enforced. type and amount of landowners and the prop- • Restricted use may lower develoment that may erty,and the desire of the resale value. take place on his or landowner. her property.A partial • Landowner retains owner- interest in the property ship,and property remains is transferred to an on the tax rolls,often at a appropriate nonprofit lower rate because of or governmental restricted use. entity,either by gift • Potential income and estate or by purchase.As tax benefits from donation. ownership changes, • More permanent and often the land remains more restrictive than land subject to the easement use regulations,which often restrictions. (Well with the political climate. suited for preserving agricultural land, watersheds,and scenic areas.) Purchase of land As part of purchase • Income through leaseback. • Land must be appropriate for with leaseback contract,city/county • Liability and management leaseback(e.g.,agricultural). agrees to lease land responsibilities assigned to • Public access may not be back to the seller, lessee. available. subject to restrictions. Lease Short-or long-term • Low cost for use of land. • Does not provide equity and rental of land. • Landowner receives income affords only limited control of and retains control property. of property. • Temporary. 14 Financing Land Conservation sable A-2 Ways in Which Title Can Be Acquired f 4 Technique Explanation Advantages # Disadvantages } Sale at fair market value i Land sold at its value at • Highest sales income(cash • Can be expensive. highest and best use.* inflow)to seller. Bargain sale Part donation/part sale: t • Often,the landowner is f • Seller must be willing property is sold at less eligible for a tax deduction f to sell at less than than fair market value.* for the difference between fair market value. the sale price and the fair Can be expensive. market value. Outright donation ? Donation by landowner o • Allows for permanent • Very few landowners of all interest in property.*1 protection without direct willing to consider. public expenditure. i • Tax benefits to seller f because property's fair . market value is considered • a charitable contribution. Bequest Landowner retains • Management responsibility • Date of acquisition is ownership until death.* E usually deferred until uncertain. . donor's death. • Donor does not benefit f from tax deductions. t • Landowner can change will. _1 Donation with reserved Landowner donates during • Landowner retains use but • Date of acquisition life estate lifetime but has lifetime use: receives tax benefits from is uncertain. 1 donation. Land exchange Exchange of developable • Little or no government • Properties must be of � p land for land with high funds required. comparable value. conservation value. • Landowner may defer • Complicated and i capital gains recognition. time consuming. Eminent domain i Government takes private i • Provides government with s • Landowner and property for public purposes i a tool to acquire desired public opposition. upon payment of just 1 properties if other acqui- E • Can result in specu- compensation,as by right.* i sition techniques are not lation on targeted workable. ' properties. • Potentially expen- f sive and time-con- suming litigation. Tax foreclosure ! Government acquires land • Limited expenditure. • Cumbersome process. by tax payment default. 4 • Land might not be appropriate 1 for public open space but .,' ! can be sold to provide funds for open space acquisition. s. } Agency transfer Government agencies that • Limited expenditure. • Surplus property have surplus property available may not be inappropriate for their F appropriate for park -i\ `- needs transfer it to a parks use,or the owning agency for public use. agency may want to sell to a private party j E to generate revenues. *Conservation easements can also be acquired by these means. t Financing Land Conservation 15 1 t r 46, Table A-3 Government Financial Incentives for Conservation a Method Definition Advantages Disadvantages Preferential assessment Under some state laws, • Promotes resource conser- • Voluntaryparticipation. agricultural and forest vation p p g a on and management. • Does not provide long-term districts are established • Especially benefits landowners protection. to assess land as farm- in areas with development • Minimum acreage for entry. land or forestland, pressure. • Strength of program depends rather than at its high- • Tax base loss can be partially on penalty from withdrawals. est and best use. reclaimed through penalty • Local government bears tax on landowners who burden of reduced tax base. terminate enrollment. Purchase of Local or state • Landowner can derive income • Can be costly,particularly in development rights government purchases from selling development a community with high real (PDR) development rights to rights and continue to own estate values. maintain land in farm land. use. • Lower property value should reduce property taxes. Table A-4 Regulatory Techniques for Achieving Growth Control Method Definition Advantages Disadvantages 4 ,„ Phased growth Permits a limited • Effective as a comprehensiv: • Must be an equitable system p q Y amount of growth each planning strategy to approve development. 4:e' 4w year. • Future development pressures difficult to predict. Moratorium Imposes legal • Useful as an interim measure • Provides onlytemporary a pora rY postponement or delay during the formulation of a solution and can create a of land development. master development plan. rush on land development before it takes effect. • May generate intense opposi- tion from real estate interests. Transfer of development An owner of publicly • Costs of preservation • Difficult to implement. rights(TDR) designated land can sell absorbed p g gn o ed by property owners Preservation and receiving development rights to who purchase the areas must be identified. other landowners whose development rights. • Can require large-scale and property can support the controversial downzoning increased density. before program starts. Program establishes • Receiving areas may oppose "sending sites" (those additional density. from which development rights are transferred)and "receiving sites"(those to which development rights are transferred).Conser- vation easements may be placed in perpetuity on ttthe sending site. 16 Financing Land Conservation APPENDIX B LOCAL RNANCING OPTIONS I Method Definition Advantages Disadvantages Property tax Tax on real property • Steady source of revenue. • Competition for other public paid for by commercial • Relatively easily administered. purposes. and residential • Tax burden fairly broadly • Overall concern among property owners. distributed. taxpayers about high rates. • Small increases create substantial funding. • Popular with voters when restricted toparks and open p space. s F Sales and use taxes Taxes on the sales of • Relatively easily administered. • Revenues can drop when goods or services. • Low reporting costs. the economy slows. • Can generate large sums, • Tax is considered regressive. even at low tax levels. • Can also tap into tourism profits generated by open space amenities. Real estate transfer taxi Tax on the sale of i • Funds can be substantial. • Unpredictable revenue property,paid either • Nexus between taxing new stream. by the buyer or by the development and protecting • Difficult to pass. seller. remaining open space. Impact fee One-time fee paid by • Nexus between taxing new • Park and openspace projects developer to offset costs development and protecting p p g must be directly linked to new of infrastructure needed remaining open space. development. by new development. r • Makes housing less afford- able. } f e i Special assessment Special tax district for • Users finance acquisition • Takes time and money to district area that benefits from and management. implement. an open spaceproject. • Predictable revenue stream. p • Accountability in govern- ment spending. • Sense of"ownership" of and responsibility for area services and parks. Business improvement ; Special tax district that f • Same as for special assess- • Can only address park needs district t assesses business ment district. of a limited area. owners for special • Inequitable park financing services. mechanism,not likely to be found in poorer neighborhoods General obligation E Loan taken out by a • Allows for immediatep ur- • Extra interest costs of bor- bond city or county against chase of open space,locking rowing. the value of the taxable in land at current prices. • Can require two-thirds voter property. • Distributes the cost of approval. acquisition. Revenue bond Loan paid from • Not constrained by debt • More expensive than GO proceeds of a tax levied; ceilings of GO bonds. bonds. for the use of a specific r • Voter approval rarely public project,or from ' required. proceeds of fees charged' to those who use the financed facility. i f Recent IQ Reports Reports are available for$14.95 each. pie discount for 5-49 copies is 20%; 50-99 copies, 25%; and 100+ copies, 30%. To order, call 1-800/745-8780 or visit the ICMA Bookstore Web site, bookstore.icma.org. Budget& Finance Item No. Management(cont.) GASB 34:What It Means for You, 12/00 42626 Continuous Learning:A Leadership Multiyear Budgeting,06/99 42472 Challenge, 11/00 42609 Introduction to Infrastructure Financing, 03/99 42457 Risk Management:A Comprehensive Public Purchasing:A Checklist for the Local Approach, 02/00 42574 Government Manager,06/98 42349 Managing for Continuous Improvement: Introduction to Activity Based Costing, 02/98 42306 Chesterfield County,Virginia, 01/99 42398 Performance Measurement for Accountability Community Relations & Services and Service Improvement, 09/97 42254 Local Intergovernmental Agreements: Media Relations:The Manager's Role, 12/99 42546 Strategies for Cooperation, 07/97 42232 Volunteer Programs in Cities and Counties,08/99 42477 The Role of the Public Library,07/99 42476 Planning & Economic Development Seniors in the Community,01/98 42305 Talking With Citizens About Money, 10/97 42274 Waterfront Redevelopment, 10/00 42608 Welfare Reform and Local Government, 08/97 42253 Design Review,09/00 42607 Trails and Greenways, 04/00 42590 Land Use Decisions:Assuring Fairness,09/99 42510 Human Resources Smart Growth for Local Governments,04/99 42458 ?cruiting Key Management Personnel,03/01 42662 Catalog of Data Sources for Community ,,exual Harassment: Successful Policy Planning, 04/98 42345 '=1,,-:.:(0:,, Implementation, 06/00 42604 Regional Commercial Airports: Governance Workforce Planning and Development, 03/00 42575 and Marketing, 11/97 42276 Work-Life Balance: Integrating Benefits with Brownfields: Options and Opportunities, 05/97 42200 Responsibilities, 11/99 42545 Business Improvement Districts: Preventing Workplace Violence, 05/99 42471 Tool for Economic Development, 03/97 42189 The New Compensation Model, 12/98 42397 Employee Evaluation and Development:The Public Safety Key to Performance Improvement, 11/98 42391 Police Accountability: Establishingan Career Development Programs, 12/97 42275 y Early Warning System, 08/00 42606 Leave Policies, 04/97 42195 Managing Conflict in Combination Fire Departments, 07/00 42615 Information Technology &Telecommunications Information and Communications Transforming Information Services: New Roles, Technology for Public Safety, 01/00 42560 New Strategies, 02/01 42653 Developing an Emergency Operations Center, 07/98 42350 Access: Making Your Community Internet-Ready, 05/00 42597 Traffic Safety: Local Options, 03/98 42328 Seven Keys to a Successful Enterprise GIS, 10/98 42390 Public Works & Environmental Services Cable Network Technology:A Primer for Sustainable Energy: Power Solutions for Local Local Officials, 09/98 42377 Governments,04/01 42663 Telecommunications Strategies for Local Funding Water and Wastewater Governments, 08/98 42368 Infrastructure, 10/99 42513 Wetlands and Watersheds: Six Case r Management Studies, 02/99 42440 Che Retreat as Management Tool, 01/01 42636 Climate Change: Strategies for Local Government,05/98 42346 Electric Industry Restructuring, 06/97 42231 Financing Land Conservation Volume 33 / Number 5 May 2001 42664 Previous Town Council Retreat's Plan of Action - Review MEMORANDUM %NO TO: Mayor& Town Council FROM: Chuck Sweet, Town Manager DATE: August 20, 2003 SUBJ: Previous Town Council Retreat— Plan of Action Attached are the minutes and/or Summary Reports from the previous Retreat Study Sessions held on the following listed dates: November 15, 2002 Council/Manager/Department Head August 3, 2002 Council/Manager March 3, 2001 Council/Manager/Department Head August 5, 2000 Council/Manager/Department Head 4 /9-(A4°e) Chuck Sweet Town Manager c: Town Clerk Attachments (4) CIO ORO VALLEY TOWN COUNCIL STUDY SESSION/RETREAT AUGUST 3, 2002 Desert Springs Ranch House Oro Valley,Arizona CALL TO ORDER: 8:45 a.m. ROLL CALL: Paul Loomis,Mayor Dick Johnson,Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member STAFF PRESENT: Chuck Sweet, Town Manager Kathryn Cuvelier, Town Clerk REVIEW OF 2000 TOWN COUNCIL ANNUAL RETREAT Town Manager Chuck Sweet reviewed the topics discussed by the Mayor & Council during their 2000 Annual Council Retreat and the 2001 Council Retreat held with Department Heads. The Town Council and the Town Manager discussed the following topics and developed Plans of Action for those topics listed below: STAFF RECOMMENDATIONS VS. FACTS AND PROS/CONS g Discussion followed regarding modifying the staff recommendations presented to Council by only listing the facts of the project and to show both sides of the issue by listing the pros and cons. Plan of Action o Modify Staff Report. o Add pros/cons. o Include Manager Overview. A fifteen minute break was taken from 9:40 a.m. —9:55 a.m. RETREAT SCHEDULING —FALL 2002 1. First Retreat - Town Council meets with Town Manager to set direction for next year. 2. Second Retreat—Town Manager meets with Department Heads to discuss Council direction for next year. 3. Third Retreat—Town Council meets with Town Manager &Department Heads. 8/3/02 Oro Valley Town Council 2002 Retreat/Study Session 2 111. Plan of Action o Review implementation of 2002 Plan of Action 6 months after final Fall p Retreat. ORO VALLEY— BEDROOM COMMUNITY OR NOT? • I f maintain Oro Valley as a bedroom community may have to choose a property tax to pay for town expenses. • Existing commercial uses should not be rezoned to residential so opportunities for revenue streams for the town are not depleted. • Theimpactdevelopment of the develo ment in Pinal County will affect Oro Valley services. Town• should be set upfor full service to support parks and technological businesses. Provide• jobs and businesses for residents to reduce miles of travel to their places of employment and keep revenue in the Town. ORO VALLEY — SELF-SUFFICIENT OR NOT? • Look closely and re-evaluate the Town's revenue sources. • at Town's fiscal policy, how much is maintained in contingency, operating Look p Y & maintenance costs, and 1 time costs. • Important to make sure that growth in services does not exceed the revenues to a for those services. Cannot continue to dip into contingency funds. 1110 • pay site funds for development of the Naranja Town will have to be with a bond election. Go to the voters to see what they want, or develop in stages as Town can afford to. Need to plan for on-going operational costs of this project. DOW I S ORO VALLEY GOING TO PROTECT THE ENVIRONMENT (BUYING OF OPEN SPACE)? Plan of Action Adopt Open Space Preservation/Acquisition Plan — P P P o Listing of desired properties (January 2003) o Funding sources (construction tax increase) o Implementation of Plan PROMOTING 1NG HIGH-END TECHNOLOGICAL INDUSTRIES AND HIGH-END RETAIL • Partner with businesses. • Promote ourselves with the personal touch. Don't rely on GTEC. • Economic times dictate development. • Once hospital is constructed this will lead to retail and future businesses. BOARD/COMMISSION APPOINTMENT PROCESS Town Manager Chuck Sweet reviewed his recommendations for this process addressing: • Advertising • Application 8/3/02 Oro Valley Town Council 2002 Retreat/Study Session 3 too • Interview Committee • Notification • Criteria for Appointment/Reappointment • Terms/Term Limits • Concurrent Office • Attendance • Evaluation Process • Training Plan of Action o Study Session for Board/Commission Process o Council action (January 2003) A ten minute break was taken from 11:15 a.m. to 11:25 a.m. SEVEN (7) M EMBER COUNCIL/NOMINATION BY DISTRICT ELECTION AT LARGE • Is it time to reconsider this? • Depends on population. • Visit issue again after annexations. • Revisit districting issue when population reaches 60,000. P & Z W O RK PLAN • Work plan continues to expand. • Work with staff to develop changes to make it work better. Plan of Action o Overhaul Planning & Zoning Workplan. CUSTOMER SURVEY SATISFACTION REGARDING PLANNING & ZONING AND DEVELOPMENT SERVICES • Look at current process that is in place. • Evaluate survey results. • Office of the Mayor survey? • Must respond immediately to complaints and get to the facts as soon as possible. Plan of Action o Modify Customer Service Feedback System o Inter-department feedback DEVELOPMENT IMPACTING SCHOOLS • Support impact fees for schools? • Assign a council member as Liaison? 110 • C ontinue to discuss this issue with the League of Cities & Towns and State Legislature. 8/3/02 Oro ValleyTown Council 2002 Retreat/Study Session 4 • Work with District,Board & staff. Plan of Action o Appointd Council Member as Liaison to Amphi School Board. RE` EI� TUE/FRA NCI3I SE FEES/SALES TAX/BUDGET AND BOND COMMITTEE ROLE IN FINANCING ALTERNATIVES FOR TOWN PROJECTS • Is it time to look at ways to increase the Town's revenues such as enacting a utility tax or franchise fees? • Involve Budget & Bond Committee in financing for Naranja Town site to identify other types of financinginstead of Municipal Property Corporation (MPC). Plan of Action o Give Budget et & Bond Committee direction to develop revenue plan for Town of Oro Valley prior to FY 03/04 Budget process. DEVELOPMENT SERVICES; CURRENT AND FUTURE MANPOWER• Do Parks and Library still fit under Community Development? • Anticipate future needs and address in 03/04 Budget. • D iscuss at Council/Department Head Retreat in October. 0110 HEALTH BENEFITS/CAFETERIA PLAN Plan of Action o Look at Benefit Plan; where does Town stand? o Include Arizona State Retirement System sooner. o Hire outside consultant to perform analysis of Compensation Plan (February 2003). A ten minute break was taken at 2:15 p.m. to 2:25 p.m. TOWN MANAGER'S GOALS FOR 2003 The following five items were listed for the Town Manager to focus on for the next year: 1. Effluent—resources to get this to golf courses ASAP. 2. Community Development—improve customer service. 3. Facility needs for the future. 4. Compensation Plan. 5. Open space acquisition. reports• on what is coming up, what has been accomplished and job Weekly status status including time schedules for jobs— on schedule, ahead of schedule or behind schedule. 8/3/02 Oro Valley Town Council 2002 Retreat/Study Session 5 LI TY NEEDS FOR THE FUTURE FACILITY • Need strategic plan of what facilities are needed in the future. • Town Council's decision towhere town facilities are needed. say • Identify time-line with options. • Take pro-active approach of what town facilities needs are. a ve pp Plan of Action o Develop Facilities Needs Plan for future P o Both for re-annexation and post-annexation WATER; EFFLUENT STATUS AND MANAGEMENT Plan of Action ' t presentation every third meeting of reclaimed water o Monthly PowerPoint project status NCY PLAN FOR WATER CONTINGENCY SHORTAGES • Ablll • •ty to meet peak water demands should be in policy form approved by Town Council. tiPw Plan of Action 11110 o Adopt Water Shortage Policy (November 2002) ADJ OURNMENT Mayor Loomis adjourned the Council Retreat/Study Session at 3:45 p.m. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk SUMMARY REPORT ORO VALLEY TOWN COUNCIL/DEPARTMENT HEAD RETREAT TOWN OF ORO VALLEY, ARIZONA NOVEMBER 15, 2002 La Tierra Linda Guest Ranch Resort 7501 North Wade Road 1. Welcome/Introductions and Stage Setting Mayor Loomis welcomed all participants to the Retreat and stated that today is the third Retreat held this year. This retreat is a follow-up to the Town Council's first Retreat held August 3, 2002. The second Retreat was held with the Department Heads and Town Manager on September 5, 2002 and the third Retreat is today with the Town Council and Department Heads. Town Manager Chuck Sweet stated that today is an opportunity for Department Heads and Public Information Officer Bob Kovitz to provide feedback from the draft Plan of Action that came out of the Town Council Retreat. He pointed out that we have two years with our current Mayor and Council which should help us to get a lot done. He stated that the Town Council has Oro Valley's best interest at heart and staff is dedicated to supporting the Town Council. He encouraged Department Heads to speak candidly with the Town Council. Mayor Loomis introduced Facilitator Peggy O'Sullivan from ASU and complimented her for the outstanding job she has done with developing the Newly Elected Officials workshop in conjunction with the League over the past 5 years. He expressed respect for her and stated that she would provide a unique insight to the Retreat because she has been an elected official, municipal staff member and now educates public officials. 2. Attendees Participants included the Oro Valley Mayor and Town Council, the Town Manager, and Town Department Heads. A list of Town attendees is shown on the following page. The Town of Oro Valley Retreat was facilitated by the Advanced Public Executive Program of Arizona State University. Peggy O'Sullivan served as facilitator. She has extensive local government experience, and has worked with small communities in Arizona. She has served as a Town Council Member. 11/15/02 Oro Valley Town Council/Department Head Retreat 2 111 Town of Oro Valley Retreat Attendees Paul Loomis Mayor Richard Johnson Vice Mayor Paula Abbott Council Member Bart Rochman Council Member Werner Wolff Council Member Chuck Sweet Town Manager Kathryn Cuvelier Town Clerk David Andrews Finance Director Tobin Sidles Acting Town Attorney George Dunscomb Magistrate Daniel SharpChief of Police William Jansen Town Engineer it Community Development Director Brent Sinclair Jeff Grant Human Resources Director st Water Utility Director Alan Forrest Public Information Officer Bob Kovitz • participants to ive their name, position and how long Ms. O'Sullivan asked all g they have been with the Town of Oro Valley. each Council Member to share the reasons they • Ms. O'Sullivan asked decided to run for office and serve the community of Oro Valley. Following is a list of key points. Dick Johnson Wantedget to involved with his community. Better to be part of the solution, not part of the problem. Paula Abbott Represent children in this community and bring in high-tech businesses. Paul Loomis Protect his investment in Oro Valley. Got involved because growth the amount of in the Town. Started a lot of projects 4 years ago and wanted to see them completed before he leaves office. how poorly the attended Council meetings, he saw Bart Rochman When he Council treated each other, staff and the public. So he ran for office to promote unity. Werner Wolff Ran for Council to make a difference and to bring unity to the to the Council. He brings a different perspective Town g Council since he has served both as the Police Chief and now as an elected official for Oro Valley. ' Department Oro Valley Town Council/Dpartment Head Retreat 3 1110 A break was called at 9. •15 a.m. Meeting resumed at 9:30 a.m. 3. REVIEW OF PAST ACCOMPLISHMENTS Participants then reflected on positivethe things that have been accomplished in Oro Valley over the past ten Y ears. They generated the following list of successful accomplishments to celebrate. f g • Coyote Run Para-transit service. • Annexation of"peninsula" area in 1994. • Water company purchase. • Bought old Calmat site Naranja Naran'a Town site facilities in the future. • Purchase of land and development ment of CDO Riverfront Park and refurbishing of JamesKriegh D. Krie h Park swimming pool. Opening• of Oro Valley Public Library. • Approval of 1996 Oro Valley General Plan. • Completion of shared multi-use pedestrian paths. • Approved Tucson/Oro Valley Water Agreements. • Direct election of the Mayor. Oro Valle • Creation of GreaterY Arts Council (GOVAC). • Annexation of Neighborhood 12 (voter approval of referendum). • year was last a Recall Election was held. • Moved forward rd after almost a decade of turmoil among the Council and • former Mayor. • Citizen's Volunteer Assistant's Program (CVAP). • • • Institute (received award from APA). Citizen s Planning • Native Plant Salvage Plan. • Finance Awards. • Expanded sales tax base byopening more retail businesses. • Established Economic Development ment Division which has attracted Ventana Medical Systems and Western Parks Monument Headquarters. on ettin • Officer takes a more professional outlook getting • Public Information out the public information. improvements (reservoirs, boosters, system • Major water infrastructure p expansion). • Cr eated Stormwater Utility Commission. • Technological improvements ical im rovements —Town website. • Regional voice with State Legislature. gcredibility in the region, State, League. • Re-established respect and credibility 9 • Known as one of the safest communities in Arizona. • evelo ed quality design standards. D p • State of the Town event enhanced communication with business people and the public. • Expansion of El Conquistador Resort facilities (soon to be Hilton). • Grown to b e the 9 second lar• est municipality in Pima County. 11/15/02 Oro ValleyTown Council/Department Head Retreat 4 • Sponsored legislationenabling HURF fund transfer which is a great significance for town projects. • Involvement with Catalina State Park and developing a cooperative relationship. • Developing a relationshipwith the federal government e.g. Border initiatives. "beingout front— people progressive on issues." • Philosophy • Adopted "Community of Excellence." CHALLENGES • Keeping community informed of accomplishments. p g dd shack" • We need to continue to get message out and overcome ca y image. • Understand new vs. old mentality. • Oro Valley people startedfrom wealthy living on Oro Valley Golf Course. • Need to educate new council, community and staff. • Better orientation of new council. • Tolerance and diversity is needed in Town. • Some citizens refer to staff as "those people." 4. ROLE OF MANAGER 4110 • Manage responsibilities of running government. 9 P • Council needs to be clear on direction. • Manager carries out that direction. • Not micro-manage. • Sets the tone for the organization. 5. ROLE OF DEPARTMENT HEADS • Departments need to evolve as Town grows. • Maintain philosophy of pushingdown decision-making to lowest level. p y • Codes/ordinances may need to be examined to keep up with changes as • the Town grows. 6. COUNCIL/STAFF ROLES AND RESPONSIBILITIES • Try to push more decisions down to lower level of staff. • Amend Codes as needed. • Delegate, and allow people to make mistakes. • Support people and have good communication. PP 7. MAYOR'S ROLE 110 • Chairs the meetings and sets the tone. 11/15/02 Oro Valley Town Council/Department Head Retreat 5 • Ceremonial Head of the Town. • Cuts ribbons. • Out in front of political issues. • Only 1 vote on Council. same • Mayor elected fromconstituency as the council —vote for the good of the town. • Level of detail — involvement with Council. Politics Administration Council Town Manager Staff (Reality line shifts) • Help elevate debate — frame the issues for Town Council to help make decisions. • "Seek first to understand before being understood." • Mutual respect between staff and Town Council. 8. COUNCIL'S VIEW OF STAFF EXPECTATIONS FROM COUNCIL • C lear direction from the Council. "Tell us what to do —don't send us mixed messages." • No micro-management. • No surprises. 41. • Council should back staff. • Fair and equal treatment/look at all departments equally. • Look at the facts on problems, give benefit of the doubt. • Share concerns with staff and Council. • Bring issues out early. • Don't abuse power. • Priority requests should go through the Town Manager. q • Do your homework. • Learn how the Town works. • Don't embarrass staff publicly. • Value staff time and realize they also have a life. • Respect staffs expertise. • ' Council makes political decisions and staff doesn't take personally Realize if different from recommendation. • Encourage Council to ask questions early on the issues. • No retribution. • Rec g o nition of staff for their efforts whether formally or informally. • Respect Council positions. • Council members are human, are fallible and have needs. AFF'S VIEW OF COUNCIL EXPECTATIONS FROM STAFF 9. ST • • Provide p regular updates on what is happening in the Town. 9 • Summarize vs. all the details. 11/15/02 Oro Valley Town Council/Department Head Retreat 6 111/ • Provide the same level of information. • Staff provide information that identifies the issues, alternatives and evaluation of the issues. • Information should be objective, professional and benign. • No surprises at Council meetings. • Respect/trust. • Timely production of information and packets so that the Council has enough time to review the information and ask questions to make informed decisions. • Minimize submittal of last minute items to the Council before meetings. What Does Council want Staff to understand about their role? • They live it 24 hours a day. • g Need to acknowledge differences between paid employees vs. volunteers. • Always in the spot light/public eye. • Do things that go beyond comfort zone. • Council has to integrate most specialities. • Ability to figure out all issues. • Lightening rod for the community. • No professionalqualifications ualifications need to run for the Town Council. • Council members are fallible. • Learning process. • Staff shouldpatient be with Council and educate council. Ideas for Improvement— Council/Staff • I arer and more concise motions at Council meetings. Ce • Understand that studysessions are not where Council defines direction. • Summarize motion & action (Have Town Clerk repeat motion). • Withdraw motion if too manyamendments made to a motion. • Staff needs to ask for clarity on motions. • Communication is crucial on both sides. • Use judicious discretion and be in explaining votes. • Be more clear on policy. • Take into account public perception and past history. • Ask for clarity and get explanations on process. • Study Sessions on new ideas before taking it to a vote. Hold S y . . Council enough information to make an informed decision. • Give g • Team Agreement similar to what is between Manager and Department Heads may be e hel ful for Town Council to have one as well. What is appropriate time to hold Study Sessions? 11/15/02 Oro ValleyTown Council/Department Head Retreat 7 Study sessions are usually held as needed on Monday evenings from 7:00 p.m. proposed— 10:00 p.m. An alternative was ro osed to hold study sessions at 4:15 p.m. — 5:30 p.m. to help minimize the amount of evening meetings. The following pros and cons were discussed. Pros Cons Reduce staff overtime/ Could lose attendance from working comp pay a people/citizens Increase staff moral Public miss out on education opportunity Focus on Council vs. Could have more meetings. Public input since is • study session & no Mayormay not always be able to attend. Y action is taken. Free up meeting space Morepostingsand Agendas to produce Cut down on the amount of More minutes to produce. evening meetings staff has to attend. Other staff would be available, during the meetings, if needed. was suggested to see how afternoon study sessions A 3 month pilot program gg will will start in January 2003. Items for the Agenda would work. This program the • packets will be distributed to Council on the day of study be limited to two and session for the next meeting. 10. PLAN OF ACTION (Town Council Retreat—August 3, 2002) > Staff Recommendations vs. Facts and Pros/Cons > Wordingof recommendations and perception is concern. > Staff is not endorsing project, but perception is that they are endorsing project.q > Clarify „ "meets requirements irements and recommend approval." ➢ Explain the factors that went into making recommendations. ➢ Wording would be changed to reflect Town Council concerns. • meeting, after the public hearing is closed, ask > During a Council staff if have any further recommendations. Look at Benefit Plan; where does Town stand? > • The differences between the Arizona State Retirement System and the ICMA Retirement Program will be discussed at the Council study session on 11/25/02. 11/15/02 Oro Valley Town Council/Department Head Retreat 8 • Compensation Plan — Request for Qualifications are ready to send out to 6 firms that evaluate compensation and benefits. ➢ Modify Customer Service Feedback System • Staff to evaluate getting good information back to help evaluate how well Town is doing. Other ways of doing things? • Send out citizen surveys annually? • Community Development focus groups to ask architects, engineers how well project went. • Send surveys out to Field crews? • Council should let staff know when they receive complaints. • Staff give information to Town Council so they can counter some of the problems. 11. AGREEMENT ON TOP PRIORITIES FOR ACTION > Open Space Procurement • Identify and secure open space and agree on best approach to accomplish this. • Time is of the essence. • Part of the General Plan Update. 12. IDENTIFYING STRATEGIC ISSUES • Future Town Facilities • Customer Service • Recreation and cultural amenities. • Open Space. • Fiscal Solvency (revenue plan). • Public Safety (being pro-active, post 9-11) • Fire and Emergency Services • Future middle school site. • Infrastructure —water and transportation. • Economic development— attracting high tech development/high end retail. • Annexation strategy. 13. TOP PRIORTY FOR NEXT YEAR (All are driven by budget) 1. Preserving open space. 2. Maintaining fiscal solvency (developing a revenue plan). 3. Addressing fire & emergency services. 4. Infrastructure —water and transportation. 14. DEFINING A SHARED VISION FOR THE FUTURE (NEXT 10 YEARS) Mayor Loomis: • Trails and parks connected, completed and in use. Council/ 11/15/02 Oro Valley Town C Department Head Retreat 9 • Continue to be safest town in Arizona. • Financially solvent. • Community of Excellence. Bart Rochman • Naranja Town Site Completed. • Fire and emergencyservices available by Town. • (without people+000 0 annexation). 5 p p • Phase II of Library completed. Dick Johnson • CAP/Reclaimed water beingused on all existing turf and grass areas. • Major road projects completed. • Vibrant and flourishing retail. • Medical facilities in place. • ima CommunityCollege in community. P Werner Wolff • All of the above. • First class resort designation • More diversity and housing). Paula Abbott • Naranja Town Site fully developed. • Third high school completed. • Middle school completed. • —Tan Brine Road and La Canada Drive. • Road improvements completed9 • Traffic moving smoothly. • Expanded transportation system, partnership stem with Suntrap — mini-bus system. • High tech companies located around new hospital. • Movie theatre in Steampump Village. • High quality open space. Chuck Sweet • Completion of annexation down to Ina Road. • Seven member Council. • Reduce reliance on sales tax. Bill Jansen • Progress on regional transportation. Bob Kovitz • Rising water table. • Oro Valley is more than a bedroom community, people work and live here and have a sense of connection to the community. Retreat adjourned at 4:30 p.m. R-s•ectf lly s bmitted, • Kat '' n E. Cuvelier, CMC Town Clerk MINUTES ORO VALLEY TOWN COUNCIL & BUDGET & BOND COMMITTEE JOINT STUDY SESSION MARCH 24, 2003 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 4:30 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Werner Wolff, Council Member Bart Rochman, Council Member BUDGET & BOND COMMITTEE: Lyra Done, Chair Bob Jennens Honey Pivirotto Bob S chli chting or TOWN REVENUE PLAN—DISCUSSION 11110 Member Bob Jennens reviewed the Committee's presentation regarding a proposal of a Town Revenue Plan based on direction given by the Town Council to examine the long- range revenue outlook for the Town, compare it to planned expenditures and provide recommendations to the Town Council, relative to new revenue sources: Project Process • Create a Detailed Financial Forecast Model —Long Range (Town revenues and costs) • Analyze Projected Surpluses/Deficits (Assess Need for Changes to the Revenue Plan) • Review Revenue Options (Detailed Analysis of each including usage by other cities/towns) • Proposed Alternatives to Town Council Financial Forecast Model • Long Range Planning Tool (Always work in progress) (To be managed by budget and bond committee) (Incorporating"Approved" and "Most Likely" Scenarios • Currently Forecasts Through 2008/09 Fiscal Year Key Forecast Assumptions (Aiga • Local Sales Tax rises by 3% annually • State Shared Revenues to rise by 3% annually (Interim Drop of$518K in 2003/04 & 2004/05 FY) 03/24/03 Minutes,Council,B &B Joint Study Session 2 il. (Assume Population Growth of 8,000 to Impact 2006/07 Forward) • Assume Residential Building Permits Hold at 410 Annually • Assume no new personnel or change in services thru 2008/09 • Assume baseline costs rise 3% thru period • Assume highway funding at 5500K in 2003/04 and $1.3M thereafter (Needed to sustain roads) • Potential Revenues from commercial development/annexations not included • Naranja Town Site not included Financial Forecast Summary For General,Highway, and Public Transportation Funds (Assume Water and Other Funds Maintain Status Quo) Fiscal Year Surplus/Deficit Reserve Fund Balance 2001/02 $ (798) $ 11,560 2002/03 (5,261) 6,299 2003/04 (2,807) 3,492 X287) 2004/05 (3,799) 2005/06 (3,429) (3,717) 2006/07 (1,344) (5,061) fr2007/08 (1,377) (6,438) 110 2008/09 $ (1,441) $ (7,880) Initial Forecast Conclusions • Softening Revenue Trend Town Approaching"Build Out" - Delay of Commercial Projects Pushing Out Sales Tax Receipts - State and County Budget Challenges • Infrastructure Costs and Citizen Expectations Growing - Increasing Road Maintenance Needs - Town Personnel Requirements Following Growth (Including salaried and benefit economics) - Impact of Naranja Town Site Development Completion of the Library Purchase Open Space New Revenue Options • Taxes • Primary Property • Secondary Property(Principal/Interest on Bonds) • Increased Local Sales Tax Rates - i.e. Construction contract sales tax on building materials from 2%to 4% (Ama • Sales Tax on New Items IP • Rental Property(residential/commercial/non-profit/health care) • Bed Tax above 3% 03/24/03 Minutes, Council,B &B Joint Study Session 3 • R eal Estate Transfer Tax (need enabling legislation) • SalesTax on UtilityServices such as telecommunications, electric, gas, water (Cable already assessed a franchise fee) • Use tax for items which sales tax was not paid • Fees (Franchise on Utility Services) Preliminary Findings • Initial Research May Suggest in Near Term • Increase in the construction contract sales tax • Institution of franchise fees and sales tax on utilities • Implementation of a use tax ordinance All currently place inbymany other AZ cities/towns, including - Marana • Suggest Further Assessment on the Feasibility of the Above listed preliminary findings. Preliminary Recommendations • Suggest General Constraint on New Expenditures Effective with 2003/04 FY • Budget and Bond Committee Report Back to the Council in 120 days with detailed recommendations for revenue shortfall condition in 2004/2006 FY (17 • Avoid elimination of Reserve Fund Further• DevelopmentOptions of O tions for Intermediate/Long Term Needs Suggest11110 • Naranja Narana Town Site Funding be Handled as a Distinct Item Under Separate Cover After discussion bymembers of the Town Council, Mayor Loomis summarized the following direction to members of the Budget and Bond Committee: fo]l g 1. Identify past performance on assumptions for various rates, population, inflation and sales tax. 2. Reconcile forecast in model from the General Plan and Budget and Bond. p 3. Identify in a staff report or memo, the issues associated with property tax (primary & secondary) franchise fees, etc. 4. Dig deeper into sales taxes and license fees for"additional opportunities." Target y . date - 120 days. Agree that Naranja should be covered separately. �- 5. Create a matrix table to identify commercial immediately surrounding our community and how other Arizona Cities and Towns may use these taxes. Mayor Loomis called a 5 minute recess at 5:30 p.m. Meeting resumed at 5:40 p.m. NARANJA TOWN SITE FUNDING —DISCUSSION the Committee's presentation regarding a proposal for Naranja Mr. Jennens reviewed (Aiw Town Site Funding based on direction given by the Town Council to analyze the ent costs of the Naranja Town Site, funding options, and possible potential developm J financing alternatives: 03/24/03 Minutes,Council,B&B Joint Study Session 4 Project Process • Capital Improvement Cost Estimates • Operating and Maintenance Cost Estimates • Financing Alternatives • Preliminary Conclusions Significant capital cost and ongoing operations require additional - p study before funding recommendations can be settled upon. potential to offset Operations Revenue and Maintenance will be a critical consideration and could be significant. • Suggest Parks and Recreation Advisory Board proceed along 3 lines, such as: • Undertake study to more clearly determine Town Site programming plans and potential revenue opportunities. • These studies will more clearly define capital and operating and maintenance costs. • Accelerate discussions related to overall increased revenue generation for all parks, includingpossible self funding of specific operations. Town . , 'od of time • Establish an additional plan to "phase in" the site over an extended pen as deemed appropriate. • Suggest a report back from the Parks and Recreation Advisory Board to Budget & Bond Committee for development of final funding plan recommendations to the Town Council. • In the interim, Budget et &Bond Committee will continue to explore capital and operational cost fundingalternatives in conjunction with overall Town needs. Vice Mayor Johnson asked that this be referred to the Parks Board and "start the ball rolling"with various stakeholders, such as GOVAC. Council Member Wolff agreed with the B &B's preliminary conclusions. stated that the programming piece is a critical component of Member Honey Pivirotto P � how we revisit this issue, and we have to know what might be reasonable fees. that Budget &Bond Committee make a presentation to the Mayor Loomis suggestedg ads and find Recreation Board duringa joint study session between the 2 Boards Parks and t the out what Parks & or acce Recreation will need as direction from the Town Council p task as described and agreed to between the 2 Boards. Mayor Loomis asked that the feasibilityof phasing of a portion of parks and Naranja site be looked at, and if need additional helpis needed. Mayor Loomis suggested focusing on a timeframe when each group should get back to each other and then meet with the Town . Council. Council Member Abbott asked that park fees be "user friendly." She asked to see what other cities and towns are charging. ADJOURNMENT 03/24/03 Minutes,Council,B &B Joint Study Session 5 MOTION: TION was made byCouncil Member Wolff and SECONDED by AMO Council Member Abbott, to adjourn the study session at 6:00 p.m. MOTION carried 5 — 0. Respectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk MINUTES OF THE OM? ORO VALLEY TOWN COUNCIL AND DEPARTMENT HEAD STUDY SESSION/RETEAT La Tierra Linda Guest Ranch Resort 7501 N. Wade Road Tucson,Arizona MARCH 3,2001 CALL TO ORDER: 8:30 a.m. ROLL CALL: Paul Loomis, Mayor Dick Johnson, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXCUSED: Fran LaSala,Vice Mayor In response to a request by Mayor Loomis, the Council and Department Heads gave their goals and objectives that they hoped to gain from this Retreat: Council Member Rochman: Follow-up & carry out direction of the Town Council for the future. Chuck Sweet, Town Manager: A clearer understanding of the majority direction on critical issues facing Oro Valley. Council Member Wolff: Want to convey to the department heads that the Town Council is here to set policy& should not interfere in their work and understand concerns expressed by the Department Heads as it relates to the Town Council. George Dunscomb, Understand problems in Oro Valley & growth and give input as it Magistrate: effects the Court. Alan Forrest, Water Would like to be educated on some of the issues facing Oro Utility Director: Valley. David Andrews, Finance By listening &participating he hopes to understand the Director: direction of the Town Council. Council Member Johnson: Define where the Council wants to go and identify major issues facing the town. Provide clear direction. Kathi Cuvelier, Town Clerk: Receive Council direction on issues facing the Town and in particular, receive direction on where the Council wants to go with electronic packets. 03/03/01 Minutes,Town Council&Department Head Study Session/Retreat 2 Mayor Loomis: Improve communication by talking together and have an understanding of each other. REVIEW OF PREVIOUS RETREAT TOPICS AND DIRECTION—AUGUST 5, 2000 Town Manager Chuck Sweet reviewed the topics discussed during the August 5, 2000 Annual Town Council Retreat regarding: • Customer service • Annexation policy • Council/Manager form of government • Agenda Management • Infrastructure (roads &water) The Town Council and Department Heads discussed the following topics listed below: Follow—up on new Agenda packet distribution deadlines: • Don't shift deadlines around. • Stay disciplined on deadlines. • Communication with all outside customers. • Need for a third Council meeting every month? • DRB/P &Z meet more than once a month? • Initiation of changes to Zoning Code • Council direction to chairs of P &Z/DRB • Approve the native plant salvage & landscape plans administratively rather than by Town Council. Oro Valley Strategic Plan - Discussion • Town-wide Plan—submit with budgets. • Measure of Customer Service - Survey with General Plan Update. - Custom "trailer cards"to be given out by each department to evaluate customer service. • Set Town-Wide Plan prior to budget preparation. • Incorporate"process"in Strategic Plan. • Need for consistency in "terms"used. Town Council Policy No. 8— Council Liaison to Boards and Commissions • Amend the policy to include other duties (depending on what task calls for). • Add the Town Council to the e-mail list of those receiving annotated Agendas from Board/Commission meetings. • This policy is an historical carry-over prior to the Town having a Council./Manager form of government. Is it still needed? • Council perspective is strong. Can give views at meeting but has undo influence. 4110 • Eliminate Policy No. 8. 03/03/01 Minutes,Town Council &Department Head Study Session/Retreat 3 • Hear citizen input without influence by a Town Council member. • Liaison functions should be as an observer only who reports back to the Town Council • An individual council member should have no more power than the other members. Chuck Sweet, Town Manager stated he will bring this back for Council action to either eliminate or keep the Policy. Open Space Identification/Acquisition Community Development Director Brent Sinclair showed the location of existing Town of Oro Valley property. Discussion followed regarding: • Environmentally Sensitive Lands Ordinance(ESLO) Report that identifies potential acquisition areas. • Consider some areas for acquisition such as— ■ Thirty acres north of Naranj a Town Site ■ Rooney Ranch east of Oracle Road • Property located east of Honeywell • Methods of acquisition. • Hold a study session to discuss this issue as soon as possible. • Send meeting notes of the ESLO Training to the Town Council. Deputy Town Manager Position (for 2001/02) • Manager will include in budget request. (FY2001/02 end of budget year). • If approved, would come on board after Administration remodeling is completed. • DTM will work on special projects and will more directly supervise certain departments in the Town. • The need for a DTM is based on a factor of size and dynamics of the Town. • Having a DTM will allow the Manager to focus on more regional issues. Role of Mayor/Leadership • Leadership role; strategic planning and vision. • Council sets policy— staff implements. • Distinction of Mayor vs. Council Members—by State Law? • Powers &Duties of Mayor set out in the Town Code. • A majority of the Council sets the policy. • Using "strong manager/weak Council" form of government. • Add language to the Town Code differentiating between policy and operations? • Town Attorney Dan Dudley will report to the Council to clarify the Mayor's powers and duties according to State Law and the Town Code. Oro Valley Processes: a. Economic Analysis relating to Town Council Actions— Awareness of economic impact of various council actions ie, does it affect the revenue stream? Does it affect the budget? It was suggested that: 03/03/01 Minutes,Town Council &Department Head Study Session/Retreat 4 1) An Executive Summary with the Town Manager's comments and information regarding economic implications be added. 2) More attention to"fiscal impact"be included in packet materials. 3) One budget session should be dedicated to discussing revenue sources e.g. affect of Ritz- Carlton. 4) Caveat— spur of the moment actions in response to outside requests can have "disastrous effects." 5) If staff has any reservations about Council action--let the Council know at that time to avoid problems. 6) Site tours for the Town Council may be beneficial in understanding developments. b. Town Council Salary/Adjustment annually (COLA) It was suggested that a COLA for the Town Council be set by Resolution at the same time as the 2001/2002 Budget is adopted. It was pointed out that under State Law, the COLA would not become effective until the next electioniterm of office. c. Electronic Packets • Purchase the necessary software to get packet materials on the website and get the necessary training needed. Understand that it is important to "phase in"this process. • Set a target date to begin e-mailing electronic packets to Council and still have a"hard copy" available that would include an Executive Summary with a suggested motion. • Implement a Town Council Policy for e-mail use in accordance with the open meeting law.• Increase citizen access by making the packet materials available to them on the Town's 1110 website. d. Four year budget required by Town Code • Is a 4-year budget realistic or meaningful? Is it outdated? • It is a planning tool,but it cannot accurately reflect revenues/expenditures. • The CIP provides some of that information now. • Must have staff in each department to prepare this information it instead of taking staff away from their regular duties. • A simplified spread sheet could be prepared at department head level. e. Field Tours prior to Town Council meetings • Council should attend site tours when relevant. (These could be combined with the DRB). • When on tour Council needs to be aware of the open meeting law and be careful about commenting on any action regarding the site. • Staff should point out items scheduled for an Agenda that would warrant a site tour. Study Session adjourned at 12:20 p.m. Respectfully submitted, eeiQJ-(-1L 110 Kathryn E. Cuvelier, CMC Town Clerk ORO VALLEY TQC COUN{IL 2000 ANNUAL, RETREAT August 5 24Q o �P�LEY q/cO Ce 4"v f °4-/AIDeo ti91 Sheraton El Conquistador Resort Palo Verde #1 & #2 Room 10,000 N. Oracle Road Oro Valley, Arizona Retreat Facilitator: Peggy Fiandaca, Partners for Strategic Action, Inc. Present: Paul Loomis, Mayor Francis LaSala, Vice Mayor Richard Johnson, Council Member Bart Rochmnan, Council Member Werner Wolff, Council Member Staff Present: Kathmyn Cuvelier, Town Clerk Alan Forrest, Water Utility Director Bill Jansen, Town Engineer Brent Sinclair, commzunity Development Director Chuck Sweet, Town Manager 8/5/00 Oro Valley Town Council 2000 Annual Retreat 2 VISION FOR ORO VALLEY Short Term Goals: • Finish up "catch up" with infrastructure improvements. • Establish a process/procedures on how the Town does business. - Need some real creative thinking - Heavy on "customer service" • Improve Communication - Continually educate citizens on what the Town is doing. - Need to bridge the "subdivisions" or neighborhoods. - Need to educate people beyond their own special interest. - Tell them the truth. • Commercial development should be done tastefully. • Infrastructure should be in place before development. • Recognize that government is a "service business." - Run the Town efficiently so people want to do business with us. • Bridge between what is/was vs. what it will be. Before After Recreation Area/View of the natural Along Oracle Road/major environment commercial corridor 1110 Small community of 3,000 people 30,000 people today/25 sq. miles • How do we integrate the Homeowner Associations and the Town? • Expand our visibility. Long Term Goals: • Continue to maintain Oro Valley standards and atmosphere. - Retain "small town" atmosphere. - Person to person/personal service. - Pride (both natural aesthetic & high standards of development). - Be good stewards. • Community of parks and quality of life facilities & activities that lead "people to people" activities. • Build facilities to enhance those activities to bond with people in our community. • Grow our commercial base. Customer Service: • Streamlined and efficient. • Accurate • Personal interest in what the person is asking for. 410 • Friendly. 8/5/00 Oro Valley Town Council 2000 Annual Retreat 3 • Interpretations— consistency and within standards. • Feel empathy to understand the person's concerns. • We are the ambassadors of Oro Valley • Deal with the issues early on. - Understand, focus on the real issue. • Tasks vs. Measurements - Instead of evaluating if the tasks are being achieved, measure where we want to go, e.g., How do we impact business with projects? Design issues, etc. Who is our customer? • Every citizen. • Developers. • Other Agencies. • Internal departments. • Everyone we deal with is a customer. • Continue to have the customer in mind while still achieving our goal, addressing needs of the customer, and having them leave with a good impression. How do we measure customer service? • Evaluation/Survey—"Tools" 4110 • Respond to comments/suggestions. • Continual encouragement of feedback. • Follow-up on processes. - Who does it? - How is it done? - Departments set goals and report regularly on how they are doing. - Set performance measures. Responsibility Council set direction Council/Town Manager set goals Department goals are set Performance Indicators Process to evaluate/develop Evaluate Staff Comments: Town Engineer - • Working on departmental goals. • Roads— 5 year Strategic Master Plan. • Infrastructure Action Plan being developed. 8/5/00 Oro Valley Town Council 2000 Annual Retreat 4 • Looking at transit—much broader perspective on opportunities to bring to Town Council to determine which direction we want to go. • Stormwater Utility and Townwide Drainage Plan is being worked on. • Annual CIP process—we are working on bringing forward—correlates with the 5 year TIP. • Response— consider the audience when providing the information. Community Development Director— • P & Z/Council approves work program annually. • Developing standards for the development process. • Working to "define"the development process. • Established Development Review Committee. Committee will set goals over new few weeks— from there we will establish standards. (e.g. custom home-time to get through the process). Water Utility Director— • Will need assistance in quantifying the customer end issue. Town Clerk— • Issue—getting appropriate technology to assist with efficiency. • Customer service training? 1110 Annexation: • General Plan outlines area of influence and planning area. • Identify desired land use. • The existing annexation policy has evolved 3 times. • Last Retreat—Council felt the policy was still relative. - Pre-annexation agreement allowed, but must be a good reason and considered on a case by case basis. - Fiscal analysis/economically viable. Should we annex additional areas? • The goal to square off borders is a good goal. • If property owners want, will consider annexation. • Annexation should not interfere with any incorporation effort. • State land to the north is the only area that is advantageous. • If Casas Adobes incorporation fails, do we as a region (i.e., Marana, Tucson, Oro Valley) determine what is appropriate? • We need to have in place where we want to go (e.g. Magee/Oracle?) - Need a plan on what we want to do. - Understand the property owners goals. 8/5/00 Oro Valley Town Council 2000 Annual Retreat 5 Consensus Points for annexation: • Casas Adobes— do nothing until after the outcome of the election for incorporation is determined. • Hold regional discussion. • Current annexation policy is good (don't want to be tied to pre-annexation agreements unless good reason). • General Plan should re-examine our planning boundary. COUNCIL ACTIVITY WITHIN THIS FORM OF GOVERNMENT • Manager runs day to day operations. • Council sets policies. Expectations of Council Members: • Set policy —provide it through Town Manager. • Work through Town Manager. • Must be careful of providing our opinions/thoughts when we talk to employees. • Do not tell employees what to do. • Careful in asking for information also. Expectations of Town Manager: • Implement policy through day to day operations of the town. Town Council Operations: What is the Issue? - Agenda/Agenda Management. - Procedure for Agenda Development. - Electronic Communications. - Council Communications. Discussion: • Agenda/Agenda Management has improved. • Council packets out 2 weeks prior to a meeting. - Additional items are distributed close to the meeting date. - Short Time-frame might have necessitated addendums. - Need to find appropriate length of time that would ensure a complete package. - Public needs the time to review the package also. Develop Agenda Process: • Monday prior to Friday. - Agenda Committee meets. - If the packets are not complete or additions are made, the item would be continued. Consensus points for the Agenda process: • Council wants complete packages one week prior to meeting. • If not complete, postpone item to the meeting one month ahead. • Keep current timeframe in place to receive information from developers/departments. 416 • Examine the alignment of P & Z, DRB, etc. meeting timeframes. 8/5/00 Oro Valley Town Council 2000 Annual Retreat 6 • Agenda is fixed on the Friday, one week prior to the meeting. Ensure that: - Adequate review time - Public review time is adequate. - Limit the amount of last minute items. - Ability of staff to produce a complete packet. - Look at ways to distribute the information. Hold a study session to specifically discuss this issue and the issue of electronic packets. Infrastructure Plans What is the issue? - Where do we stand on solid waste? - What is our strategy on alternative water resources? Discussion: • Opportunity identified in the report. • Establish standard for Oro Valley • Need to continue to pursue the direction given when the report was accepted. (e.g. tipping fees, franchising). Alternative Water Resources: • Sub-committee is coming up with their recommendations. • Commission will be coming to Town Council soon. • Will have enough information soon to make some decisions ("and get beyond just study"). • Public should begin to get information on this. It is a high priority in the community. Development Review Process: Perception that certain developers are treated differently. - Issue between developers and Council - Process has been an issue. Goal: • Improve the dialog between the development community and Town. • Everyone should be treated equally. • Each project should be examined individually; on its own merits. • Improve communications to understand the direction of large developers and the town. • How can we work together to make future projects to meet mutual goals. The Mayor and Council agreed to set an additional Retreat in 6 months. Res ectfully submitted, Kathryn E. Cuvelier, CMC Town Clerk Notice ofMeetings - Quorum MEMORANDUM .4) TO: Oro Valley Mayor& Council Chuck Sweet, Town Manager • Ot*A- DATE: FROM: Kathi Cuvelier, Town Clerk August 20, 2003 SUBJ: Quorum of the Mayor and Council Attached for your discussion is an excerpt from the Council Parliamentary Rules & Procedures regarding what constitutes a quorum of the Mayor and Council. Also included, is information from the Arizona Open Meetings Law regarding requirement for posting notice of meetings and posting of Agendas when a quorum of Council is present. 2.8 QUORUM A quorum is the minimum number of Council Members that must be present in order for business to be legally transacted. A. Quorum. A quorum is the simple majority of the total number of authorized members. With a five-member body, a quorum is three (3) members. With a seven-member body, a quorum is four (4) members. B. Posting of Notice of Quorum. A Notice of Quorum is a notice informing the public that a possibilityof a majority of the Council Members may be present at an upcoming social event and/or any other function. 1,a0 F:1Council\Parl Rules&Procedures ENROLLED Office of the Oro Valley Town Attorney/GRTF 9.19.2001 INTRODUCTION persons desiring to attend and listen to the deliberations and proceedings.3 The Law defines a The League prepared this report to help you avoid "meeting" as."the gathering,-.in person or through `'some of the potential legal pitfalls of holding local technological devices, of a quorum of members of a public office, whether elected or appointed. The public body at which they discuss, propose or take report reviews six areas of state law that affect legal action, including any deliberations by a public officers: open meetings, conflicts of interests, quorum with respect to such action.i4 The label incompatibility of office, nepotism, financial attached to a meeting does not alter application of disclosure, and limitations on entertainment. the Law. Whether the meeting is referred to as regular or special, workshop or study session, the The life of a public official is not an easy one. State Law's requirements must be met. The only laws, like the six highlighted in this report, exception to the public meeting requirement is an continually affect the decision-making process. executive session, which is discussed later. Good intentions (like, "but I didn't mean to violate the law") help. However, good intentions alone are "Public body" is defined as "the legislature, all not sufficient because violations of these laws can boards and commissions of this state or political carry stiff penalties. Therefore, you.need to be subdivisions, all multimember governing bodies of • familiar with the laws governing your conduct in • departments, agencies, institutions and public office. instrumentalities of the state or political subdivisions, including without limitation all We hope you will take the time to read this report corporations and other instrumentalities whose and retain it for future reference. Most importantly boards of directors are appointed or elected by the we hope this report will prompt you to discuss each state or political subdivision. Public body includes of these laws with-your city or town attorney. This -'. all quasi-judicial bodies and all standing, special or report is not intended to replace the need for you to advisory committees or subcommittees of, or review these laws with your local attorney; it's appointed by, such public body."5 really only a starting point for discussion of your particular situation in your city or town. This broad definition includes planning and zoning commissions, boards of adjustment, state licensing boards, library boards, and school boards. It also OPEN MEETING LAW includes advisory committees and subcommittees, even if no member of the original appointing public General Provisions) body is a member.6 The operation of government and, specifically, the Public Notices of Meetings activities of government officials are issues of concern to the general public. Although there are The Law requires a public body to give notice of many reasons for this movement toward public every public meeting and executive session to the awareness, there seems to be one distinct message general public and to each member of the public delivered by the public: THE PUBLIC'S BUSINESS body. In giving notice, the first step is to file with MUST BE CONDUCTED IN PUBLIC! the appropriate official a statement identifying wherenotices of the meetings of the public body will The Arizona Legislature has declared its policy be posted. Those officials include the Secretary of concerning open meetings very clearly: State (for state public bodies), the Clerk of the Board of Supervisors (for county, school district, and It is the public policy of this state that special district public bodies), and the City or Town meetings of public bodies be conducted Clerk or Mayor's Office (for public bodies of cities openly and that notices and agendas be and towns).' provided for such meetings which contain such information as is reasonably Once this statement has been filed, the Law requires necessary to inform the public of the the public body post notice of each of its meetings in matters to be discussed or decided. accordance with this statement and "give such Toward this end, any person or entity additional notice as is reasonable and practicable.ie charged with the interpretations of this Notice of individual meetings is not necessary if the [law] shall construe any provision of this public body intends to meet at a regular day, time, [law] in favor of open and public and place and chooses to post one notice of all of its ,40) meetings.2 meetings during a specified time period.9 Such notice must be posted at the beginning of the Arizona's Open Meeting Law (Law) provides very period. simply that, with a few limited exceptions, all meetings of a public body shall be open to all League of Arizona April 2001 -max . Except in the case of an actual emergency, no public the agenda must be made available atJeast.24 meeting or executive session may be held with less hours before the meeting, unless an actual `pan 24 hours' notice to the general public and each emergency exists. Supporting documentation that _ -s. ,iember of the public body.10 The notice must is referred to in or made part of the agenda must be include the date, time, and place of the meeting. If made available to the public in the same time an executive session will be held, the notice must frame. It may be appended to the actual agenda also cite the specific provision of law authorizing the itself (provided the public can read it), or the executive session.11 agenda may advise the public where such supporting documentation can be obtained. There are three exceptions to the notice requirements outlined above. First, a meeting for The agenda sets the parameters of what can be which notice has been properly posted may be done during a public meeting. Only those items recessed and resumed with less than 24 hours' specifically listed on the agenda or matters related notice. The date, time, and place of the resumed thereto may be discussed, considered, or decided.18 meeting must be provided prior to recessing the Two quasi-exceptions apply. originally posted meeting.l2 Second, an emergency meeting may be held with less than 24 hours' -notice First, agendas may include a "summary of current in the case of.an actua/emergency. Such an events" item, during which the public body's emergency exists when, due to unforeseen presiding officer or chief administrator"may present circumstances, immediate action is necessary to a brief summary of current events without listing in avoid some serious consequences that would result the agenda the specific matters to be from waiting until the required notice could be ...summarized."19 However, the public body may not given. Prior to the emergency discussion or action, propose, discuss,,deliberate, or otherwise take legal the public body must give as much notice as - action on such a matter at that meeting, unless that possible, announce the nature of the emergency, particular matter also has been specifically identified include those reasons in the minutes of the on the posted agenda. emergency meeting, and post a public notice within 24 hours declaring that an emergency session has Second, a public body may (but is not required to) been held and setting forth the agenda items put an"open call to the public" on its agenda to overed.13 Third, notice of a meeting to consider allow members of the public to address the public ratification of a prior act taken in violation of the body on matters not otherwise listed on the agenda. Law requires at least 72 hours advance notice.14 However, the public may only raise issues within the jurisdiction of the public body, and members of the Agendas public body may not discuss or take legal action on new matters raised during an open call to the public. In addition to notice of the date, time, and place of Members of the public body have four options: sit in the meeting, the Law requires that the notice silence or wait until "the conclusion of an open call include either an agenda of the matters to be to the public" and then respond to criticism, ask discussed, considered, or decided at the meeting, or staff to review a matter, or ask that a matter be put information on how the public may obtain a copy of on a future agenda so it can be discussed.2° the agenda. The agenda for a public meeting must list the "specific matters to be discussed, considered or decided,ilS and should contain "such information Executive Sessions as is reasonably necessary to inform the public of the matters to be discussed or decided.i16 Such The Law permits an executive session (a closed items as "new business" or "old business" are meeting) to be held for seven limited purposes. In insufficient unless the specific items of new or old addition to the notice and agenda requirements set business are identified. forth earlier, members of the public body must vote during a public meeting to agree to meet in Agendas for executive sessions must contain a executive session. The general public is properly "general description of the matters to be excluded from an executive session. Only those considered" and must"provide more than just a "individuals whose presence is reasonably necessary mere recital of the statutory provisions authorizing in order for the public body to carry out its executive the executive session," but the agenda should not session responsibilities may attend the executive contain information that "would defeat the purpose session." 21 The public body must instruct those Jf the executive session.i17 present at the executive session that all matters discussed in the executive session, as well as the The agenda may be made part of the public notice minutes, must be kept confidential. 22 Finally, no or, if the notice advises members of the public how vote may be taken during an executive session. Any they can obtain an agenda, then it can be final action on an item discussed in an executive distributed separate from the notice. In either case, session must be taken during a public meeting.23 -7- Council Member Participation in the Arizona State Retirement System Date: F o — p 3 To: Mayor and Town Council Members From:Chuck Sweet,Town Manager MEMORANDUM For Your Information a� TO: Chuck Sweet,Town Manager 7- wfti f9 u n c FROM: Jeff Grant,Human Resources Direct `�' ���/ "� a4.45• DATE: August 12,2003 �3 SUBJ: ASRS membership for Town Council �-- I have researched the subject noted above and found the following to be of significant concern: ASRS CRITERIA: My memo to you dated August 11, 2003 (EXHIBIT A) sums up the issue of ASRS membership requirements. While the Town Council appears to meet the ls` criteria— Eligibility; the second issue—the 20 Week/20 Hours test appears to be somewhat enigmatic and questionable at best. MAYOR AND COUNCIL COMPENSATION TASK FORCE RECOMMENDATION: On October 27, 1999, the Oro Valley Town Council adopted Ordinance No. (0) 99-53 approving compensation for the Mayor and Council. The Ordinance came about as the result of the recommendation of the Mayor and Council Compensation Task Force, a citizen panel which met during fiscal year 1998-1999 to consider the issue of compensation for the Town Council. In the conclusion of the report presented to the Mayor and Council at the regular Town Council meeting of August 18, 1999 (EXHIBIT B), the Task Force recommended that"Because of the part-time nature of the Oro Valley Council positions, benefits should not be provided, but that a portion of the compensation noted above is intended as an offset for the benefits." ELECTED OFFICIALS RETIREMENT PLAN: The majority of Arizona municipal jurisdictions that provide retirement benefits to Council members provide them through the Elected Officials Retirement Program (EORP). Similar to ASRS, EORP is a defined benefit plan, in which the members benefit level at retirement is determined at the outset, and the contribution levels required to fund the eventual benefit level must be determined annually. Because of the part-time nature of most Town Council's, the EORP was created to accommodate these positions. CEORP material was forwarded to the Mayor and Council with a memo from the HR Director dated May 7, 2003 (EXHIBIT C). To initiate the EORP, appropriate resolutions must be enacted by the Town Council, and an Actuarial study must be completed in order to determine the initial costs for the plan. Please let me know if you need additional information regarding the EORP. ICMA 457 PLAN: Should the Council not wish to elect either of the options noted above (ASRS or EORP), the Town will continue to offer employees our ICMA 457 (Deferred Compensation) Plan. While the Town does not contribute to the 457 plan, employees are allowed to invest monies on a pre-tax basis. It is currently available to part-time employees. EXHIBIT A MEMORANDUM TO: Chuck Sweet, Town Manager FROM: Jeff Grant, Human Resources D recto >pi DATE: August 11, 2003 SUBJ: ASRS Membership for Elected Officials The Basic rule for membership in the Arizona State Retirement System is as follows: 1. Eligibility: All employees who are in positions included in our agreement with the ASRS to extend Social Security coverage under Section 218 of the Social Security Act (and who are not contributing members of another state retirement program) are eligible,for ASRS membership. 2. 20 Week/20 Hour Test: All ELIGIBLE employees who are hired to work at least 20 weeks in a fiscal year and 20 or more hours per week become members on employment. The Section 218p lan which was approved by the Town Council at their June 25th Regular Meeting did not exclude Elected Officials from Social Security Coverage, therefore they are "ELIGIBLE under section 1. The primary question herein is whether they qualify under the 20 Week/20 Hour Test. If Oro Valley Town Council members work 20 hours per week or more for 20 Weeks during the fiscal year, they qualify for membership in the ASRS. The added cost of providing the Council members with this coverage is approximately $2,700 per year based on the current Council Salaries (i.e., $11,400 for the Mayor and $9,000 for each Council Member, or a total of$47,400 per year; while the contribution rate is 5.7%). TOWN OF ORO VALLEY ':OUNCIL COMMUNICATION MEETING DATE: EXHIBIT B AUGUST 18, 1999 TO: HONORABLE MAYOR & COUNCIL FROM: Nancy Mager, Chair, Mayor and Council Compensation Task Force SUBJECT: Compensation Study for Mayor and Council BACKGROUND: The Oro Valley Mayor and Town Council created the Compensation Task Force on January 6, 1999. Its mission is to review the issue of compensation for Town Council Members. Task Force members include Frank Butrico, Kit Donley,Nancy Mager,Nick Vale, and Tom Vetrano. At its first meeting, the Task Force met with Tobin Sidles to discuss relevant legal issues. Jeff Grant attended all meetings to provide staff support. In all, the Task Force met a total of four times. In addition, the Task Force sought public input through the media. Informal conversations were held with numerous residents, and 15 residents responded in writing or by phone to the Task Force's request for input. Of the 15, only four responded in writing that they did not feel compensation was warranted. Over two-thirds of the public input was in favor of some form of compensation for the Mayor and Council. Sentiments in favor of formal compensation ranged from paying $10 per hour to creating full-time Mayor and Council positions. Of the public polled, the Task Force determined that overall she public strongly supported compensation. SUMMARY: Using data provided by Jeff Grant from the 1999 League of Arizona Cities and Towns Salary Survey (Appendix A), the Task Force reviewed comparative data by: • Town size • Town budget • Size of town staff(and the utilization of a town manager model vs. "strong" mayor model) • Size of Town Council • Travel policy (allowance vs. reimbursement for all returned receipts) • Benefit levels for Mayor and Council Oro Valley is the largest city in the State of Arizona that does not compensate its Mayor and Council, and based on the data presented in Appendix A., it appears to be usual and customary for communities of similar size and structure to compensate town officials accordingly. The Task Force strongly believes in the uniqueness of the Town of Oro Valley. The Mayor and Council should be compensated for the professional standards Oro Valley citizens have grown to expect. The expectation of professionalism at this level must be strongly supported and maintained. Moreover, it is noted that the Town ,taff is compensated at a high level and is expected to perform in a professional manner. The Town Council ,eds to be held to similar standards. Appropriate compensation is consistent with such expectations. • Furthermore, compensation at this ivel will likely increase public participAin in Oro Valley governance, including voter turnout. We stroW believe that the Town Council shoulW a reflection of the diversity of the citizenry of Oro Valley. Public service in our Town should be something to aspire to, and not something to be Oaken lightly. Implementing fair compensation for the Mayor and Town Council is instrumental to attracting J ndividuals who may not have considered running for office previously. In addition, the Task Force believes compensation will help to better balance the composition of the Council in order to represent the entire community, and not just those who can afford to donate their time, energy and skills. The Town Council must be equipped to make high-level decisions that will have a lasting effect on our rapidly growing community. Oro Valley faces significant challenges in the very near future. It is incumbent upon us to seek access to the most talented people possible to help make these important decisions for generations to come. Compensation for the Mayor and Council will help provide Oro Valley with access to the deepest pool of qualified applicants who perhaps could not afford to consider to volunteer for elected office, but who can ultimately help lead our town into the 21st century. CONCLUSION: The Task Force recommends that the Mayor and Council be compensated as follows: $750 per month for each Council Member $950 per month for the Mayor The compensation level noted would include local travel expenses, thereby voiding the current stipend of$150 per month. Out-of-state travel would continue to be compensated through reimbursement of receipts. Ar---- In addition, approximately half of the Cities and Towns surveyed in Appendix A also provide benefits for their WILL' council Members. The Task Force feels that because of the part-time nature of the Oro Valley Council positions, benefits should not be provided, but that a portion of the compensation noted above is intended as an offset for the benefits. As noted above, the opportunity to provide input regarding this recommendation was highly publicized in the local media. Oro Valley is a community inclined to use the local media for communication and expression of opinion. Therefore, it is the position of the Task Force that this recommendation should not require public vote. Further, the Task Force recommends that a standing Task Force should be established to evaluate the level of Mayor and Council compensation every two years. This Task Force should be charged with continuing the practice of seeking public input in future years, as well. Additionally, it must be stressed that the task force itself is representative of the public and public sentiment. We also feel that submitting this issue to a public vote will be both costly and time-consuming, and that the issue of compensation would further politicize the election. It should be noted that the current Mayor and Council would not be voting for compensation for themselves, but rather for the new Council seated subsequent to the election in May 2000. ATTACHMENTS: Appendix A FISCAL IMPACT: $9400 for fiscal year 1999-2000, $47,400 per fiscal year thereafter (assuming the current Makeup of Mayor and four Councilmembers). TASK FORCE RECOMMEN�ION: 40 The Mayor and Council Compensation Task Force strongly recommends that the Mayor and Council adopt the trirecommendation to pay the Mayor $950 per month, and each of the other Council Members $750 per month eginning subsequent to the May, 2000 Town Council election. --2/ . 72ii1( 7/ ‘ 'et/ ../-A , Nancy Mager, Chair, Mayor and Council Compensation Task Force EORP Summary of Benefits EXHIBIT C SUMMARY OF BENEFITS - EORP 07/01/02 Purpose (A.R.S. §38-810.02.B) To provideequitable uniform, consistent and a uitable statewide program for those eligible elected officials as defined by the Plan. Eligibility (A.R.S. §38-801 and §38-804.A) All elected,officials are,members of the Plan,.except that an elected official who is subject to term limits-may elect- not to participate:.an the Plan:for that specific term of:office. An elected official means ev•ery:e• lected official of this state,.:every,•,electedK official. of„each county of this state, every justice of_the supreme court, every judge of the court of appeals, every judge of the superior :court, every fu -time superior court commissioner, the administrator of the fund manager if the administrator is a natural person and each elected official of an incorporated city or town whose employer has executed a.proper joinder.agreement for coverage •of its elected officials. Contributions (A.RS. §38-810, .A) Each member shall contribute 7.00% of salary to the Plan on a pre-tax basis. Each employer shall contribute the following: • For state and county employers, a designated portion of certain fees collected by the Clerks of the y Superior Courts, Courts of Appeals and the Supreme Court plus additional contributions as determined by actuarial valuation to ensure proper funding. for the Plan, but not less than 2% of salary. (A.R.S. §38- 810) `For incorporated-city or town employers, a level per cent of salary as determined by actuarial valuation to ensure proper funding for the Plan but not less than 2% of Salary. (A:R S §38-810) Credited Service (A.R.S. §38-801, ¶ 3) Means the number of whole and fractional years of a member's service as an elected official after the elected official's effective date of participation for which member and employer contributions are on deposit with the fund, plus credited service as an elected official transferred to the Plan from another retirement system or plan before the elected official's effective date for.public employees of this state, plus service as an elected official of participation which is being funded pursuant to a joinder agreement or which was redeemed pursuant to §38-816. Average Yearly Salary (A.R.S. §38-801, ¶ 2) Means the highest average total salary over a period of three consecutive years within the last ten completed • Y ears of credited service which was paid to the elected official at the time of death or retirement or at the time the elected official ceases to hold office. Normal Retirement (No Reduction for Age) (A.R.S. Sections 38-805.A and 38-808.6, ¶ 1) An elected official may retire upon meeting one of the following age and service requirements: 1. Age sixty-five years, with five or more years of credited service. 2. Age sixty-two years, with ten or more years of credited service. EORP Summary of Benefits Page 2 of 4 3. Twenty or more years of credited service regardless of age. The amount of a normal retirement pension is four percent (4%) of the member's average yearly salary multiplied by the years of the member's credited service. Maximum is eighty percent (80%) of the member's average yearly salary. Early Retirement (Reduction for Age) (A.R.S. §38-805.6 and §38-808.8, ¶ 1) An elected official who has five or more years of credited service may retire before meeting the age or service requirement for normal retirement. The amount of an early retirement pension is computed by determining the amount of accrued normal retirement pension and then reducing the amount determined by three-twelfths of one percent for each month earlyretirement precedes the `member's normal retirement age as noted above. The maximum reduction is 30%. Vested Termination (Deferred Retirement) An elected official with five or more years of credited service retains entitlement to deferred pension, upon ceasing to be an elected official, if the elected official's accumulated contributions are left on deposit in the retirement plan. The amount of pension is determined in the same manner as a normal or early pension, whichever is applicable. Disability Retirement (A.R.S. §38-806 and §38-808.8, ¶ 2) The Fund Manager may retire an elected official who becomes incapacitated for the purpose of performing the duties of the member's office based on a certification by a board of physicians that the member is mentally or physically incapacitated and qualifies for a disability retirement. The amount of pension is eighty percent of member's avers a early salary if the elected official has ten (10) or more years of credited service (80%) g y or fortypercent (40%) of the member's average yearly salary if the elected official has five (5) but less than (20%) if the ten (10) years of credited service or twenty percent of the member's average yearly salary elected official has fewer than five (5) years of credited service. Survivor Pension (A.R.S. §38-807) Payable to the eligible beneficiary=of a retired member or an active or inactive member who dies before y 9 retirement. An eligible beneficiary is a surviving spouse who was married to the retired or active or inactive member for at least two years; or, if there is no eligible spouse, then to a minor child. A surviving spouse's pension terminates upon death. A surviving child's pension terminates upon marriage, adoption or death or upon attainment of age 18 years, unless the child is a full-time student under the age of 23 or the child is under began a disabilitywhich b an before the child attained the age of 23. The amount of a surviving spouse's pension is three-fourths of the pension being paid the deceased retired elected official or three-fourths of the pension which the member would have received assuming he had retired under a disability. The amount of a surviving child's pension is an equal share of the amount of a surviving spouse's pension. Death Benefit(A.R.S. §38-807.E) If a member dies and no pension is payable on account of the member's death, the deceased member's accumulated contributions shall be paid to the beneficiary named by the member. (6. Termination Refund (A.R.S. §38-804.6) Upon termination of employment for any reason other than death or retirement, a member shall, within twenty days after filing an application with the Fund Manager, receive a lump-sum payment, equal to the EORP Summary of Benefits Page 3 of 4 accumulated contributions, as of the.date of termination, less any.::.benefits,paid or any amounts owed to the Plan. A member forfeits all membership rights and credited service in the Plan upon receipt of refund of contributions. If the member has 5 or more years of credited.service upon termination:they shall receive an additional amount according to the schedule below: 5 to 5.9-25% of member contributions deducted from the member's salary pursuant to ARS.38-810.A 6 to 6.9-40% of.member contributions deducted from the member's salary pursuant to ARS 38-810.A 7 to 7.9-55%of member contributions deducted from the member's salary pursuant to:.ARS 38-810A 8 to 8.9-70%of member contributions deducted from the`member's'salary pursuant to ARS 38-810.A 9 to 9.9-85% of member contributions deducted from the member's salary pursuant to ARS 38-810.A 10 or more-100% of member contributions deducted from the member's salarypursuant to ARS 38-810.A plus interest at 3% if left on deposit after 30 days. Reemployment And Repayment Of Contributions (A.R.S. §38-804.F) An_elected official who terminates membership in the Planandtakes a refund of his contributions and is later P re-em loyed as an elected official may..restore prior service credits, if the elected official signs a written • - reimburse the Plan within one year after the date of re- election within •da s after re,em to ment to ninety Y P Y employment. The reimbursement will equal the amount previously withdrawn plus interest from the date of withdrawal to the date of repayment at the rate of 9% compounded annually. ;i Rem plo ment After Retirement(A.R.S. §38-804.G and §38-804.H) P Y If a retired member subsequently becomes an elected official, contributions shall not be made to the Plan nor additional years of credited service accrued. Additionally, if a retirecrMember, by reason of election or reelection, becomes an elected official of the same office from which the member retired within a time period that is less than one full term for that office, the member shall not receive a pension until the member ceases to hold the same office.- Redemption Of Prior Service( .R.S.§38-81§) Active members who had previous service in this state as an elected official•with an employer now coveredby the Plan before the effective date of participation and who received a refund of accumulated contributions from the applicable retirement system upon termination or who was not covered by a retirement system or plan during the elected official's prior elected official service may:elect to redeem any part of the prior service by paying into the Plan the amounts required in A.R.S. §38-816.B. (Use Form E2) • Purchase Of Prior Active Military Service(A.R.S. §38-820) A member may purchase up to four years of prior active military time that is not on account with any other retirement system. The member must pay the actuarial present value of the increase of credited service resulting from this purchase. (Use Form 18) Transfer Between State Retirement Systems (A.R.S. §38-921 and §38-922) Members of any of the four Arizona state retirement systems or plans who have credited service under another Arizona state retirement system or plan may transfer or redeem the credited service to their current Arizona state retirement system or plan by paying or transferring the full actuarial present value of the liftn•//www nnrs_com/EORP/Sum of Ben EO.html 2/25/2003 EORP Summary of Benefits Page 4-of4 credited service into their current Arizona retirement system or plan with approval of the Fund Manager or retirement boards involved. A reduced credited service amount may be transferredbased on the transfer of the actuarialP resent value of the credited service under the prior Arizona state system or plan. (Use Form l - .2) Cola Benefit Increases (A.R.S. §38-818) Effective July 1 of each year, each retired member or survivor of a retired member may be entitled to a permanent benefit increase in their base benefit. The maximum amount of the increase is four percent(4%) of the EORP benefit being received on the preceding June 30 and is contingent upon sufficient excess investment earnings for the fund. To be eligible for the increase the member or survivor must be age 55 or older on July 1 of the current year and was receiving benefits on or before July 31 of the previous year. A member or survivor is also eligible if they were receiving benefits on or before July 31 of the two previous years regardless of age, Health Insurance Premium Subsidy (A.R.S. §38-817) retirees who have elected grouphealth and accident insurance coverage provided and administered For EORP by the state or another EORP employer and who had 8 or more years of credited service, the EORP will pay up to the following amounts: Single Family Not Medicare All Not Medicare All Medicare Eligible Medicare Eligible Eligible Eligible One with Medicare $150.00 $100.00 $260.00` $170.00 $215.00 Those retired members who had between 5 and 8 years of credited service would receive a proportionate share of the full subsidy. Until June 30, 2003, a retiree or survivor who lives in a nonservice area receives up to the following amounts in addition to the subsidy listed above. A nonservice area is defined as an area in this state where the state retiree groupinsurance program or employer's retiree health insurance program does not provide or administer a health maintenance organization (HMO) for which the member or survivor is eligible. The subsidy consists of up to the following amounts: Single Family • Not Medicare All Not Medicare All Medicare Eligible Medicare Eligible , Eligible Eligible One with Medicare $300.00 $170.00 $600.00 $350.00 $470.00 State Taxation Of Eorp Benefits (A.R.S. §38-811 and §43-1022) Effective tax year commencing January 1, 1989, all EORP retirement benefits in excess of$2500 annually will be subject to Arizona state tax. • ,rn,['+__� _r n�� �a\ L�,...1 ')/16ionnl ELECTED OFFICIALS RETIREMENT PROGRAM PARTICIPANTS State of Arizona Counties Apache County Cochise County Coconino County Gila County Graham County Greenlee County LaPaz County Maricopa County Mohave County Navajo County Pima County Pinal County Santa Cruz County Yavapai County Yuma County Cities and Towns t, Apache Junction Avondale Chandler Flagstaff Glendale Globe Mesa Peoria Phoenix Scottsdale Safford South Tucson Tempe Tolleson Tucson Yuma Thatcher CI Jninended Consequences of Council Actions MEMORANDUM TO: MAYOR AND TOWN COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20th 2003 SUB): Unintended Consequences of Council Actions This agenda item has been requested by a Council Member to discuss the topic of information that comes up at Council Meetings which is new information that if adopted by action of the Town Council sometimes can have unintended consequences. Thank you. Chuck Sweet, Town Manager C: Town Clerk Role of Town council in Relationships th Staff Recommendations MEMORANDUM TO: MAYOR AND TOWN COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20th 2003 SUB]: Role of Town Council in Relationship to Staff Recommendations This Retreat agenda item has been requested to be discussed in order to resolve any difficulties that have surfaced during Town Council meetings over the last several months. Thank you. C4AA444'" 2'<1--- Chuck Sweet, Town Manager C: Town Clerk Review of 5ie Tour Procedures MEMORANDUM •vid TO: Mayor and Town Council Chuck Sweet, Town Manager FROM: itig. Kathi Cuvelier, Town Clerk ry" DATE: August 20, 2003 SUBJ: Review of Site Tour Procedures Attached is Resolution No. (R)03-26 Adopting a policy regarding Site Tours adopted by the Mayor and Council on April 2, 2003. Site Tours are used to provide the Council or Board the opportunity to view the proposed site of a development. As provided by our Legal Department, if public comment were allowed this could lead to deliberations which are considered"legal action"by the Arizona Attorney General Office Ariz. Atty Gen. Op. No. 175-8. The more substance that is added to site tours, the more formal the meeting needs to become to the point where minutes would need to be taken on site tours. Site Tours are set up the way they are in order to avoid open meeting law violations. Any public questions that could be asked at a site tour should be reserved to a properly agendized meeting where legal action and deliberations can occur. • • i ',400 RESOLUTION NO. (R) 03- 26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, ADOPTING A POLICY WITH REGARDS TO TOWN- COUNCIL, ADVISORY BOARDS AND COMMISSION MEMBERS SITE TOURS WHEREAS, the TOWN OF ORO VALLEY is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all rights, rivileges, benefits, and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, attendance by the Town Council, Advisory Boards and Commission Members at Site Tours will be of direct benefit to the Town and makes actions rendered to the Town more effective; and WHEREAS, it has been determined that it is in the best interest of the Town to clarify what the Town Council, Advisory Boards and Commission Members protocol is at a Site Tour. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley,Arizona, that the Town Council, Advisory Boards and Commission Members Site Tours Policy is hereby adopted. 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 Policy. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 2ND day of APRIL , 20 03 TOWN OF ORO VALLEY °.11; Paul H. Loomis, Mayor ATTEST: etz- z-e,L? Kat Cuvelier, Town Clerk APPROVED • S TO FORM: difa el) grAtirTo' Att c ey F:Utesolutions\Site Tours final.doc Office of the Town Auorocy/ca 031903 Policy No. 10 Date Adoption Date of Revision TITLE: TOWN COUNCIL, ADVISORY BOARDS AND COMMISSION MEMBERS SITE TOURS Pagel of2 I. Purpose and Need for this Policy The purpose of this policy is to establish a protocol for Site Tours to prevent violations of the Open Meetings Law. II. Policy Town Council, Advisory Boards and Commission Members will observe the following when on Site Tours: A Site Tour is a"tour"only and not a public meeting. If more than two (2) Town Council, Advisory Board or Commission Members are present on a Site Tour,p roper protocol is that Members may only listen to information given and only ask questions to clarify what exists on the proposed plan. Anydiscussion, deliberation and possible action regarding changes to the plan must be reserved for a regularly scheduled meeting. III. Other Information Attached is a "Sample"regarding Public Notice to be used for the Town Council, Advisory Boards and Commission Members Site Tours. APPROVED BY THE TOWN COUNCIL: Mayor Paul H. Loomis Date: -W oc3 1111110 To Council Policy No.10 Office of the Town Aoomcy/ca 031903 • A 1 0 Page 2 of 2 '444iii, "SAMPLE" NOTICE OF PUBLIC TOUR TOWN OF ORO VALLEY TOWN COUNCIL Notice is hereby given to the members of the Town of Oro Valley Town Council and to theeneral public, that the Town of Oro Valley Town Council will hold a tour open to g the public on March 18, 2003, at 9:00 a.m. located at the Kachina Conference room, Valley,Arizona 85737. f,cr;i113 11000 N. La Canada Drive, Oro r t xas Att A quorum of the full Town of Oro Valley Town Councilc3S3 platy be present. This s a tour maybe information provided i. an ort,q uestions and only and not a meeting. There ki, ti3 y, • possible action willl'�take lacer=ata regularly answers during the tour. Discussion and �.�.,s,. p g y scheduled meeting. omit- . ie � .t p h Y ill q t . r.Y, The itinerary for the tour is as follows: Alibi! 'ilii_.� 4 ktilF,. : Sample Itiner . sin,Table 'ormat fy. ary�� �. /; ar{ ct"s; *, ��1�:..�?';a}Vie'.' % %.fid., ,..,Vtid x ,.x ; ::: Tour K.._;articipants:.aarrve at the Kachina 9.00 a.m. ;�ltinl“, v ft, : 11017 '.'-'” a onfere ice Roon 711000 N. La Canada E A C ,,,, e ':..,. '�. ' hive;,• Oro Valley, Arizona for .iiX= y trans ortation to the Naranja Town Site int;1;!1 3: ss- It property •t s SY.a fk a.Y Sk 9:15 a.m. t,f .-.. `it-il. r £: �a Tour Naranja Town Site .;F= I. ,. ira< sY �Y' Return to 11000 N. La Canada Drive, Oro 9:45 a.m. �s,x� � . ��� ����� �� .. z �,I �l.y ', Valley, Arizona W: iiiilltqfl qi For further- ittii.nforratoyyn; .call Kathryn Cuvelier, Town Clerk, at (520) 229-4700. 'aiiiiito,, tall For reasonable accommodations, call Kathryn Cuvelier, Town Clerk, at (520) 229-4700. et2: ' ;s: 4FFr:} q: Date of Publication Mayoral Appointments to Represent the Town MEMORANDUM TO: Mayor & Town Council FROM: Chuck Sweet, Town Manager DATE: August 20, 2003 SUBJ: Mayoral Appointments to Represent the Town During the past several months, there have been occasions to make recommendations for appointments to various positions of which would represent the interests of the Town. Mayor Loomis would like to discuss this topic. Chuck Sweet Town Manager 410 c: Town Clerk Town Council Touching Base with Town Manager ahead of Meetings MEMORANDUM %NO TO: Mayor & Town Council FROM: Chuck Sweet, Town Manager DATE: August 20, 2003 SUBJ: Town Council Touching Base with Town Manager ahead of Meetings Oro Valley Town Code Section 3-2-1(I), "Council to Act through Manager," refers to a specific process in which the Council, except for the purpose of inquiry, shall deal with the administrative branch of the Town. Because the Town consists of a Council/Manager form of government, it is procedurally helpful for the Council to notify the Manager of issues or concerns surrounding upcoming meetings as opposed to notifying Staff. Chuck Sw et Town Manager c: Town Clerk Attachment (1) Oro Valley Town Code Section 3-2-1(I) Council to Act Through Manager Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the Manager either publicly or privately. However, by council action individual Council Members may be assigned specific administrative ''id duties. In such cases the Town Manager shall make provisions for the appropriate staff members to work with such Council Members. Specific authority and responsibilities shall be defined by the Council. The Town Manager shall be kept informed regarding the administrative actions in the same manner as with any staff person and shall work with the Council Member to prevent duplication of effort or conflict of responsibility. d Agenda Management — "Tips to Help Meetings Run Smoothly" MEMORANDUM TO: Oro Valley Mayor & Council Chuck Sweet, Town Manager FROM: Kathi Cuvelier, Town Clerk �y DATE: August 20, 2003 SUBJ: Agenda Management In response to some suggestions by Council Member Johnson, I have attached some information that you may want to consider: • Tips to Help Meetings Run Smoothly • ELECTroVOTE (Roll Call Voting System) • Abstentions TIPS TO HELP MEETINGS RUN SMOOTHLY Registered Parliamentarian, Paul Lamb In order to facilitate efficient and equitable discussion and/or debate between the Council Members, Mr. Lamb suggested that the Council consider adding certain rules to the Council Rules & Procedures. Currently, an Agenda item is read by the Town Clerk and brought before the Council. Staff and the applicant make their presentations followed by questions and discussion and/or debate by Council Members. The public is then invited to comment followed by additional questions of staff and the applicant and further discussion and/or debate. The Mayor then requests a motion for action, which is made and seconded, and followed by additional discussion and/or debate. The Mayor then calls for a vote. As an alternative to the current procedure, Mr. Lamb suggested that we make the following proposal for the Mayor and Council to consider: • Limit the number of times each Member may discuss and/or debate a particular subject. For instance, Members are only allowed to talk to a subject 2 times each. • Limit the time of debate. For instance, each member may discuss and/or debate ap articular subject for a total of 10 minutes. If a Member wants additional time, they would have to move beforehand to extend the limits of debate. The motion would have to be seconded and adopted by 2/3rds vote of the Council. • Instead of the Mayor asking for a motion, he might say "We will now take the vote. The motion before us is ." • Each member will have 1 minute to make and explain their vote. (The motion and 1 minute explanation for each member would always be placed in the minutes). Mayor could direct the Clerk to set the timer for 1 minute, which would take the responsibility off of the Mayor to keep track of the time. ELECTroVOTE - COUNCIL CHAMBER VOTING SYSTEM Page 1 of 2 Promotino Fairness and Efficiene SA, yq5 /r°Y.".�/•s.W 2 Cl,lc.4S.xr" c.iii,�M fi< r+ M r .y tr 4 r A� 'Ag . r ELECTro\'OTE: ELECTroVOTETM: (Roll Call Voting System) Description of Our newly up-dated and optimized Roll Call Voting Systems offer all Components the tried and true features of the past plus several new improvements. Installation o All Voter's decisions displayed simultaneously. Operatin o No Stigma associated with the First or Last to Vote. Instructions o No identification as "The Tie Breaker". o Individual Vote Decision is initiated privately eliminating Pricing the inference of influence. How to Order o Clear visual identification by Public of Voting member's Decision. Warranty Home PLUS THESE ADDED FEATURES o New small Hand Held, three button Voting Modules. o Clerk's Control Module greatly reduced in size. o All components are now interconnected by 4-conductor modular plug and jack cables. o Display Panels use LED Enunciators for extended life and elimination of a separate power supply cable. Return to Top of Page For further information contact: Electrovote, L.L.C. 22322 Gilberto Rancho Santa Margarita, CA 92688 email: sales a.electrovote.com Phone: (949) 858-8820 Fax: (949) 858-0505 http://www.electrovote.corn/ElectroVote/general.htm 8/19/2003 ELECTroVOTE - COUNCIL CHAMBER VOTING SYSTEM Page 1 of 4 Prornotin ,*Promo-tins Fairness and /'�' ,i,. �v�y � 'y`.•:/y. l>`'/i Y, .:.�'',c,�s�,.r :J. ... 'R'�/v u ,SF�6,,. ..itis' ,iY '„d' •�r�+...9 bi,a.4' .s. • �:� �..�., ,i<.....�5.....,yY ,r...... ....._ _�.,�:m.:,,G-:;, r+mr.1'w.: ;� .;5 ...:r, 'F:. ,N £•'Y .9 ti.. e..y,.,.?':. �. .�ti n.A...::....G>... M ...-. r r,�,y..,: rm.m., �. ,..., i�';'tr,'•'.,�.. r ./ .. ��` .:.k" ..y ELECTroVOTE: ELECTroVOTETM: Description of Components Description of Com. on.ents POWER SUPPLY Installation The Power Supply is a 7" x 2" module with a bank of modular jacks at Operatingone end, which receive the cables from all other components. It is Instructions mounted on the under side of the Dais near a 110 VAC outlet. Pricing How to Order Yf a.v-/ r 4�,{,,wi G�sr+Gy ,➢,vxsr h • .f../ , Warranty .*velpk,7435 :.&,Ai; Home Y P s tr CLERK'S CONTROL MODULE The Clerk's Control Module has three push button switches for turning the systemon and off, for displaying the vote and for resetting the system for a new sequence of voting. Down the left side of the module is a column of push button switches, one for each voting module, with a red LED 1, opposite each switch. If a voting member ' s is absent the switch for that member is s`Y5 zs < � � : D rt f -� X94 4R or' /r aS//r,l a ' Y,wyty I'y�,F�+,f6,h r-r 4444' a'/..' 5 � ;s.'`�/�rR�-d F ,�`yo-.?..7�it�"9�f4°vr'r �g���� y r pressed and the LED becomes zr % � ,ti« 'x <'", Fri �/ • <, r "",t"�'s�.G ,t1.6a�'+fj u� �'_'f �v_: vr.,.Y :2"32. a X< a_Q,k"f� .;�$� permanently illuminated until '.,' ,�r G 3 ')�J ay /W � dlicn{�'rx:.dRf,c 'k:./•rpr v.ru.y�w.4 E:s �� d G//T�.k�/i.L/R�`�/•,MttJ S ..�h,(:?5.b u'�°t< {A5�5A`Y/4'.rl r N�. deactivated upon the return of the voting • i;, }rR- ��, 1'YF:7fT- Y•7��� i/ /'G y"ry>/(.Yf member. In addition to being and indicator of an absentee,this feature also informs the system's microprocessor that Ka voting sequence may be displayed. without a vote from an absentee position. i'iirrititiltiCirriiiiiipp7t o These red LED's also illuminate when ` 9� lWI � ,'�,4.�r r each member present votes. Thus, the Clerk need only see a fully lit column to s � L • `,K 7.a': i Rzx.', -:!".?;C`W � � ..:.�v..',:,U,•..:' .�.4:,.d:,>.75n! r.•pY s` know to display the vote. Down the right side of the module are columns of Green, Red and Yellow LED's, which http://www.electrovote.com/ElectroVote/components.htm 8/19/2003 ELECTroVOTE - COUNCIL CHAMBER VOTING SYSTEM Page 2 of 4 illuminate to show each voting member's choice when the Vote Display orbutton is pressed. If the "lockout" mode is activated the vote choices made by each Voting Module can be changed only until the vote has been displayed. Thereafter, they cannot. To cancel this mode follow the directions given in the Programming and Operating Instructions. Also, on the back surface is a six conductor modular jack used for the connection of a laptop computer or a desktop printer. VOTE MODULES The Vote Modules are small cell-phone sized hand held modules with three push button switches for "YES", "NO" AND "ABS" (Abstain). Opposite each switch is a green, a red or a yellow LED recessed so they can be seen only by the member using it. The appropriate LED illuminates when a vote choice is registered, as verification the choice made is the one intended. Voting choices may be changed by pressing the button of a new choice. If the "Lockout" mode is in force, such changes can only be made until the Display sequence has begun. w *M u y., �f.yYMcrr,•?N ylcv krc yq(' , ANR1):4 ' maY ~�St > Jai J�cri r ;41.4/rmx•/ X 4Y y.r N T°.;G'•C ( a4L Y,n.�'.�,S77i 5.47�X rcy�/ FrGa NN Lim 447' / N Y 3•a3s<y�•�<t:�`q fir:• 'x VOTE DISPLAY PANELS The Display Panels are constructed using natural wood veneer of most any specie desired and are treated with a clear satin finish. http://www.electrovote.com/ElectroVote/components.htm 8/19/2003 Page 3 of 4 ELECTroVOTE - COUNCIL CHAMBER VOTING SYSTEM Uri bTdm� ) . z�akf�°fc' 5."er Ytnp S a K.arrL.0 7Y- 1 . ti nye >!' ry 9Y.1.,.r A y%1`>,'!Y y,3�. '$ '��M��r WY'M+i/S:NN&1./i.�'.3,�.GC�s.i _vw4N.4u+.+w4 it fi7 olgivo { /c 5.+.!h_. .hhr,..;icnD..�i 6:.ial.h •,/H L LARGE DISPLAY PANELS The Large Display Panels accommodate nameplates 2" X 12" and have Green, Red and Yellow LED arrays 2" in diameter. These panels are suitable for viewing distances up to 80 feet. Panels are 25" wide, 1 '/4" thick and of a height as is required by the number of voting members. For 5 members height is 26", 7 members—29", 9 members—32", 11 members— 36", 13 members - 42", and 15 members—48". For systems over 16 members, special panel design will be submitted. SMALL DISPLAY PANELS The Small Display Panels accommodate nameplates 3/4" X 4 '/2" and have 1" diameter LED arrays. These panels are suitable for viewing distance of up to 25 feet. Panels are 10" wide, 1 1'4" thick.Heights are, for 5 members -14", 7 members— 16". 9 members/2—m1.46", 11 members— 19", 13 members— 19" and for 15 members 21 1These Panels are frequently used in situations where it is difficult for the voting members to view the primary Display Panels. CUSTOM DISPLAY PANELS can be price quoted for any situation or design concept, special decor or extra long viewing distances. DISPLAY PANEL OVERLAYS Display Panel Overlays are available for situations wherein more than one voting body will be using the system. Rather than having to exchange the individual nameplates on the primary Display Panel, a separate name holder portion of a panel is hung in place. If the two voting bodies are not equal in number, the discrepancy is accounted for http://www.electrovote.com/ElectroVote/components.htm 8/19/2003 ELECTroVOTE - COUNCIL CHAMBER VOTING SYSTEM Page 4 of 4 by employing the "Absentee" feature on the Clerk's Central Module. PRINTER CAPABILITY A Printed Record of each Voting Sequence may be created by interfacing the Clerk's Control Module to a Laptop/Printer combination or directly to a Desktop Printer. The proper interface cable is available from Electrovote, LLC. Return to Top of Page For further information contact: Electrovote,L.L.C. 22322 Gilberto Rancho Santa Margarita, CA 92688 email: sales cU;electrovote.com Phone: (949) 858-8820 Fax: (949) 858-0505 http://www.electrovote.com/ElectroVote/components.htm 8/19/2003 ELECTroVOTE - COUNCIL CHAMBER VOTING SYSTEM Page 1 of 2 Promotin • Fairness and 1-ifficienc .► �. � �'•::...�.. ,".,� <`.7�xs � x �.wR'"y rs',a,W'f� �! ,:9�j �: t S+F 11 y r'n$ . .: � 'a /�!� !w. .,'< K r- F 45'1 4�,,,'�'✓n , y gr af a El_:ECTroVOTE: ELECTroVOTETM : Pricing (Jan 2002) Description of Budgetary Constraints? Components Take advantage of our Lease-Purchase Program. Installation A 3-year Lease for: An initial payment of 10% of the total purchase price* Operating And 36 monthly payments of 3% of the total purchase Instructions .... .......................................... pace. Final Purchase for: Prcll $1.00 at end of Lease. How to Order Program not available when purchasing for Resale. Warranty *For California Purchasers the required sales tax will be home collected by including it in the original purchase price. Basic Component Small Vote Large Vote Large Display Sets of Individual DisplayName Overlay Vote Display Number Set DisplayPanel Panel Panel Panels of Power Supply 3/4"x 4 1/2" 2„x 12" 4"high-25"wide Clerks Control name plates for multiple Stations Module, 10"wide name plates voting bodies 2"x 12" Voting Modules 25 wide name plate 5 Stations $1,921.50 $658.15 $823.50 $175.00 $1,317.00 6 Stations $2,066.75 $699.50 $885.45 $187.50 $1,416.00 7 Stations $2,212.00 $739.50 $948.00 $200.00 $1,517.00 k -7 7 8 Stations $2,357.75 $777.00 $1,010.25 $212.20 $1,616.00 9 Stations $2,502.50 $814.75 $1,072.50 $225.00 $1,717.00 10 $2,647.75 $850.25 $1,134.75 $237.50 $1,816.00 1 1 Stat on s 1 $2,793.00 $885.75 $1,197.00 $250.00 $1,917.00 Stations 12 $2,938.25 $918.50 $1,259.25 $263.50 $2,016.00 Stations 13 $3,083.50 $951.50 $1,321.50 $275.00 $2,117.00 Stations 14 $3,228.75 $981.75 $1,383.75 $287.50 $2,216.00 Stations 15 http://www.electrovote.com/ElectroVote/pricing.htm 8/19/2003 C C C Below is a listing of cities/towns who responded to my request of how they handle Abstentions in their city or town. All are listed in their City/Town Council Rules & Procedures. City of Avondale City of Bisbee City of Chandler City of Douglas City of Flagstaff City of Peoria City of Phoenix Town of Sahuarita City of Winslow City of Yuma Cuvelier, Kathryn C -om: Karla Stovall [KarlaS@PeoriaAz.Com] ,ent: Friday, August 15, 2003 1:26 PM To: KCuvelier@OROVALLEY.NET Cc: Dianne Gerhartz; Donna Griffith; Jan Graziano Subject: Re: Abstentions Kathi, Here is a section from the Peoria Council "Rules of Order: Failure to Vote A) All members of the City Council, in attendance of a duly called meeting that requires formal Council action, are required to vote, pursuant to Article II, Section 18 of the Peoria City Charter and the Peoria City Code (1992), unless the issue involves the conduct of the member or a declared conflict of interest. B) Should a member fail to vote, his/her "vote" shall be counted with the majority of votes cast; however, in the event of a tie vote, his/her "vote" shall be counted as a "No." Please let me know if you need additional information. hanks Karla Stovall Deputy City Clerk City of Peoria 8401 W. Monroe St Peoria AZ 85345 Phone: 623-773-7340 Fax: 623-773-7304 >>> "Cuvelier, Kathryn" <KCuvelier®OROVALLEY.NET> 08/15/03 01:08PM >>> Hi, How does your city or town handle abstentions? If you have Council Rules and Procedures, is it addressed there? Kathi Cuvelier 1 Cuvelier, Kathryn .om: Carmen Martinez [cmartinez©avondale.org] _ent: Monday, August 18, 2003 8:56 AM To: Cuvelier, Kathryn Subject: RE: Abstentions Hi Kathi, Here's what our rules of procedure say about failure to vote: 12.2 FAILURE TO VOTE All members of the City Council in attendance at a duly called meeting that requires formal City Council action are required to vote pursuant to Article II, Section 16 of the Avondale City Charter, unless the issue involves the conduct of that Council Member or a matter upon which that Council Member has declared a conflict of interest. In all other cases, a failure to vote shall be entered in the Minutes as an affirmative vote. It is also address in our City Charter: Section 16 Failure to vote.* No member of the council present at any meeting shall be excused from voting except on matters involving the consideration of his own official conduct or in such matters as he may have a conflict of interest as defined by statute or ordinance. In all other cases a failure to vote shall be entered on the minutes as an affirmative vote. Hope this helps. Have a great day! Carmen Martinez Deputy City Clerk City of Avondale 525 North Central Avenue Avondale, AZ 85323-1999 623-932-2400 Original Message -rom: Cuvelier, Kathryn [mailto:KCuvelier@OROVALLEY.NET] Sent: Friday, August 15, 2003 1:08 PM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Abstentions 1 Cuvelier, Kathryn -om: Helen Lehr- Bisbee City Clerk [hlehr©cityofbisbee.com] .ent: Friday,August 15, 2003 4:34 PM To: 'Cuvelier, Kathryn' Subject: RE: Abstentions Hi, Kathy: The Bisbee City Charter reads: Section 2.18 Failure to Vote No member of the Council shall be excused from voting, except upon matters involving the consideration of his own official conduct or in such matters as he may have a conflict of interest, as set forth in the laws of this State. All conflicts of interest shall be declared and noted in the minutes. In all other cases a failure to vote shall be entered on the minutes as an affirmative vote. Hope this helps! Helen Lehr City Clerk -ity of Bisbee 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, Kathryn rom: Marla.Paddock©ci.chandler.az.us .gent: Tuesday, August 19, 2003 10:50 AM To: KCuvelier©OROVALLEY.NET Subject: abstention Hi Kathi- We do have a section in our Council Rules & Procedures that states: 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 the State Conf lice of Interest Laws. Hope this helps. Take care. Marla chis 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 Cuvelier, Kathryn 'Yom: Letty.Rodriguez@ci.douglas.az.us Friday, August 15, 2003 4:08 PM To: Cuvelier, Kathryn; AZCLERKS@LISTSERV.TEMPE.GOV Subject: Re: Abstentions Hi Kathy: Our City Charter states that "No member of the Council shall be excused from voting except upon matters involving the consideration of his official conduct or in such matters as he may havae a conflict of interest as set forth in the existing laws of this State. In all other cases, each Councilmember must cast a vote of aye or nay." Hope this helps. Letty Rodriguez - City Clerk City of Douglas Original Message From: "Cuvelier, Kathryn" <KCuvelier@OROVALLEY.NET> o: <AZCLERKS@LISTSERV.TEMPE.GOV> ,ent: Friday, August 15, 2003 1:08 PM Subject: Abstentions > Hi, > How does your city or town handle abstentions? If you have Council > Rules and Procedures, is it addressed there? > Kathi Cuvelier > Oro Valley > This list is a public service of the City of Tempe, Arizona > Subscription control - http://www.tempe.gov/I ists/contro I.asp?I ist=A ZCLER KS 1 Cuvelier, Kathryn -om: Elizabeth Burke [eburke@ci.flagstaff.az.us] :nt: Friday, August 15, 2003 1:15 PM To: KCuvelier@OROVALLEY.NET Subject: Re: Abstentions Hi there, This is covered in our charter. It reads: No member of the Council present at any meeting shall be excused from voting, except in matters involving the consideration of their own official conduct. In all other cases, a failure to vote shall be entered on the minutes as an affirmative vote. Hope this helps. E »> "Cuvelier, Kathryn" <KCuveliereOROVALLEY.NET> 08/15/03 01:08PM >>> Hi, How does your city or town handle abstentions? If you have Council Rules and Procedures, is it addressed there? 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 - AZCLERKSeLISTSERV.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 tachments associated with this E-mail have either been deleted or cleaned. --Town of Oro Valley Information Technology Division 1 Page 1 of 2 Cuvelier, Kathryn From: frank.barriga@phoenix.gov Sent: Wednesday,August 20, 2003 9:09 AM To: KCuvelier@OROVALLEY.NET Cc: vicky.miel@phoenix.gov; sue.holden©phoenix.gov Subject: Abstentions .Our"Rules of Council Proceedings"states: Council Members shall not be excused from voting. A failure to vote or a voluntary abstention shall count as an "aye" vote unless excused by an announced conflict of interest. Our Charter, Chapter IV, Section 23 requires Council Members to vote on all matters. If we can be of further assistance, please contact Ms. Becky Zaudtke at 602-262-6557. Forwarded by Frank Barriga/CLKIPHX on 08/19/2003 09:45 AM----- Madeline Parent To: Frank Barriga/CLK/PHX@PHXENT cc: Vicky Miel/CLK/PHX@PHXENT 08/15/2003 03:39 PM Subject: Abstentions t= Madeline Parent Administrative Secretary 602-262-6558 Forwarded by Madeline Parent/CLKIPHX on 08/15/2003 03:39 PM----- "Cuvelier,Kathryn"<KCuvelier@OROVALLEY.NET> Sent by:Arizona Clerks Information Exchange<AZCLERKS@LISTSERV.TEMPE.GOV> To: AZCLERKS@LISTSERV.TEMPE.GOV cc: Subject: Abstentions 08/15/2003 01:08 PM Please respond to"Cuvelier,Kathryn" Hi, How does your city or town handle abstentions? If you have Council Rules and Procedures, is it addressed there? Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona 8/20/2003 Cuvelier, Kathryn om: Sandra Olivas [SOlivas@townofsahuarita.com] .,ent: Friday, August 15, 2003 1:43 PM To: Cuvelier, Kathryn Subject: RE: Abstentions Kathi, Below is the 9 e language right out of our Town Code. I hope this helps. Have a great weekend! 9 The vote of a council member who abstains from voting on a particular issue shall be counted as a vote against the motion unless the council member declares a conflict of interest on that particular issue. A motionpasses asses if it receives more affirmative votes than the combined number of votes against the motionplusabstaining the number of votes that count as votes against the motion. In the case of a tie in votes on any motion, the motion shall be considered lost. Sandra R. Olivas, CMC Town Clerk Email: SOlivaseTownof Sahuarita.com Original Message -rom: Arizona Clerks Information Exchange [mailto:AZCLERKSC)LISTSERV.TEMPE.GOV]On Behalf Of ,,uvelier, Kathryn Sent: Friday, August 15, 2003 1:08 PM To: AZCLERKSeLISTSERV.TEMPE.GOV Subject: Abstentions Hi, How doesour cityor town handle abstentions? If you have Council Rules and Procedures, is it y addressed there? Kathi Cuvelier Oro Valley This list is a public service of the City of Tempe, Arizona 1 Cuvelier, Kathryn -OM : Linda Samson [cityclerk@cybertrails.com] ent: Monday, August 18, 2003 8:28 AM To: Cuvelier, Kathryn Subject: Re: Abstentions Dear Kathy, Our City Charter states, "No member of the council present at any meting shall be excused from vtoing except upon matters involving the consideration of his own official conduct. In all other cases a failure to vote shall be entered on the minutes as an affirmative vote. Linda Samson-Winslow-cityclerk®cybertrails.com Original Message From: "Cuvelier, Kathryn" <KCuvelier@OROVALLEY.NET> To: <AZCLERKSeLISTSERV.TEMPE.GOV> Sent: Friday, August 15, 2003 1:08 PM Subject: Abstentions Hi, > > > How does your city or town handle abstentions? If you have Council > Rules and Procedures, is it addressed there? > 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 - http://interactive.tempe.gov/archives/AZCLERKS.html 1 Cuvelier, Kathryn tr om: Stanz, Brigitta - City Clerk [Brigitta.Stanz@CI.YUMA.AZ.US] ant: Monday, August 18, 2003 7:07 AM To: 'Cuvelier, Kathryn' Subject: RE: Abstentions Kathi - The City of Yuma Charter does not allow Councilmembers to abstain from a vote except: 1) upon matters involving the consideration of his own official conduct 2) matters in which he declares a conflict of interest 3) he is absent during the vote Brigitta K. Stanz, CMC City Clerk City of Yuma P.O. Box 13012 Yuma, AZ 85366-3012 (928) 373-5035 "p28) 373-5036 fax Jrigittn.stanzeci.yuma.az.us Original Message From: Cuvelier, Kathryn [mnilto:KCuvelier@OROVALLEY.NET] Sent: Friday, August 15, 2003 1:08 PM To: AZCLERKS@LISTSERV.TEMPE.GOV Subject: Abstentions Hi, How does your city or town handle abstentions? If you have Council Rules and Procedures, is it addressed there? Kathi Cuvelier Oro Valley 1 PZC (gz PRB Powers & Duties and Roles as per Zoning Code Revises{ MEMORANDUM TO: MAYOR AND TOWN COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20th 2003 SUB): Planning and Zoning Commission & Development Review Board Powers and Duties— Review Attached for your discussion at the upcoming Town Council/Manager/Town Clerk Retreat on August 23rd 2003 are excerpts from the Town Zoning Code Revised, which outlines the powers and duties of both the Planning and Zoning Commission and Development Review Board. Thank you. aa/LeOF Chuck Sweet, Town Manager C: Town Clerk Attachments (2) /44 rtanning and Zoning Commission rowers and Duties 4rChapter 1 ADMINISTRATION F. Appeals and Special Permits The Town Council hears and decides appeals and special permits to developmental or procedural requirements when authorized by this Code. G. Enforcement The Town Council establishes,by ordinance,rules and procedures for the enforcement of this Code by the Planning and Zoning Director. H. Appointments The Town Council appoints the members of the following boards,commissions and committees: 1. Planning and Zoning Commission 2. Development Review Board 3. Board of Adjustment 4. Other committees,as necessary ARTICLE 1-4. PLANNING AND ZONING COMMISSION Sec.1-401 Scum The Planning and Zoning Commission primarily advises the Town Council on planning and zoning policies, plans, amendments and regulations as authorized by A.R.S. Title 11, Chapter 4. The Planning and Zoning Commission is the planning agency for the Town of Oro Valley, and has the powers necessary to enable it to fulfill its planning function,in accordance with A.R.S.9-461.01A and B,as described in Section 1402. Sec.1-402 Powers and Duties The Planning and Zoning Commission performs the following duties: A. Planning&Zoning Work Plan The Planning and Zoning Commission initiates and provides recommendations to the Town Council on the annual work plan,which coordinates the development review of Town land use plans,which shall be reviewed by the Town Council on a quarterly basis. B. General Plan The Planning and Zoning Commission initiates,develops and recommends to the Town Council a General Plan which establishes the goals of Oro Valley regarding future development of the Town. The Commission is responsible for maintaining the adopted General Plan. C. Land Use Plans The Planning and Zoning Commission initiates the development and review process on all other land use plans and, subsequent to plan preparation,provides recommendations to the Town Council on the draft plan. 1 - 4 Chapter 1 ADMINISTRATION D. Zoning Code Amendments The Planning and Zoning Commission initiates and provides recommendations to the Town Council on amendments to this Code in accordance with Article 3-1. E. Sector Plans The Planning and Zoning Commission initiates and develops sector plans and provides recommendations to the Town Council on proposed sector plans. 1 - 5 Chapter 1 ADMINISTRATION ARTICLE 1-5. PLANNING AND ZONING DEPARTMENT Sec.1-501 Sc The Planning and Zoning Department is the lead agency for the administration of this Code and serves as the professional staff of the Planning and Zoning Commission. Sec.1-502 Powers and Duties of the Planning and Zoning Director The Planning and Zoning Director,with the applicable staff,performs the following duties in accordance with the A.R.S.: A. Supervision The Planning and Zoning Director supervises the various operations of the department. B. Annual Planning Program The Planning and Zoning Director develops the annual plan program after initiation by the Planning and Zoning Commission. C. Plans and Regulations The Planning and Zoning Director maintains the General Plan and the land use plans, policies and trregulations for their implementation. D. Specific Plans The Planning and Zoning Director provides recommendations to the Planning and Zoning Commission and Town Council on specific plans and administers adopted specific plans. E. Rezoning The Planning and Zoning Director provides recommendations to the Planning and Zoning Commission and Town Council on the rezoning of property and administers approved rezonings. F. Subdivision Plats and Development Plans The Planning and Zoning Director reviews, coordinates and administers the processing of subdivision plats and development plans in accordance with Chapter 4. G. Boards,Commi ssions and Committees The Planning and Zoning Director provides administrative assistance to the planning and zoning boards, 1 - 7 Chapter 1 ADMINISTRATION commissions and committees appointed by the Town Council. H. Compliance Review The Planning and Zoning Director reviews all permits for use or improvement of property prior to issuance by the Town in order to determine if the proposed activity will be in compliance with this Code. I. Interpretation The Planning and Zoning Director interprets the provisions of this Code. J. Enforcement The Planning and Zoning Director enforces the provisions of this Code and acts as the Zoning Administrator,in accordance with A.R.S.9-462.05,by all means prescribed by law. K. Other Duties The Planning and Zoning Director acts as the Executive Secretary of the Planning and Zoning Commission and Executive Secretary of the Development Review Board. The Planning and Zoning Director is responsible for accurate and complete transmittal and recordation of Commission and Board actions. When functioning as Executive Secretary of the Planning and Zoning Commission or the Development Review Board before the Town Council,the Planning and Zoning Director shall represent the Planning and Zoning Commission and Development Review Board actions to the Town Council. The Planning and Zoning Director performs such other functions as may be necessary in the administration of the department or as provided by the Town Council and Town Manager. Ar Wk. ARTICLE 1-6. DEVELOPMENT REVIEW BOARD Sec.1-601 SCOPE The Development Review Board is intended to promote harmonious,safe,attractive and compatible development and is,therefore,considered to be in furtherance of health,safety and general welfare. The Development Review Board shall recognize the interdependence of land values,aesthetics and good site planning necessary to protect the distinctive character and natural resources of the Town of Oro Valley. Sec.1-602 Powers and Duties A. The Development Review Board may review all aspects of a proposed development. B. The Development Review Board shall review subdivision plats and development plans in accordance with Chapter 4, including site planning and the relationship of the development to the surrounding environment and the community. The Development Review Board shall review all proposed architecture, landscape plans and grading plans. Sec.1-603 Transaction of Business A. The Development Review Board shall conduct its business in accordance with applicable Town 1 - 8 • Development Keview 15oard • rower5 and IP utie5 • Chapter 1 ADMINISTRATION commissions and committees appointed by the Town Council. H. Compliance Review The Planning and Zoning Director reviews all permits for use or improvement of property prior to issuance by the Town in order to determine if the proposed activity will be in compliance with this Code. I. Interpretation The Planning and Zoning Director interprets the provisions of this Code. J. Enforcement The Planning and Zoning Director enforces the provisions of this Code and acts as the Zoning Administrator,in accordance with A.R.S.9-462.05,by all means prescribed by law. K. Other Duties The Planning and Zoning Director acts as the Executive Secretary of the Planning and Zoning Commission and Executive Secretary of the Development Review Board. The Planning and Zoning Director is responsible for accurate and complete transmittal and recordation of Commission and Board actions. When functioning as Executive Secretary of the Planning and Zoning Commission or the Development Review Board before the Town Council,the Planning and Zoning Director shall represent the Planning and Zoning Commission and Development Review Board actions to the Town Council. The Planning and Zoning Director performs such other functions as may be necessary in the administration of the department or as provided by the Town Council and Town Manager. ARTICLE 1-6. DEVELOPMENT REVIEW BOARD Sec.1-601 SCOPE The Development Review Board is intended to promote harmonious,safe,attractive and compatible development and is,therefore,considered to be in furtherance of health,safety and general welfare. The Development Review Board shall recognize the interdependence of land values,aesthetics and good site planning necessary to protect the distinctive character and natural resources of the Town of Oro Valley. Sec.1-602 Powers and Duties A. The Development Review Board may review all aspects of a proposed development. B. The Development Review Board shall review subdivision plats and development plans in accordance with Chapter 4, including site planning and the relationship of the development to the surrounding environment and the community. The Development Review Board shall review all proposed architecture, landscape plans and grading plans. Sec.1-603 Transaction of Business A. The Development Review Board shall conduct its business in accordance with applicable Town 1 - 8 Chapter 1 ADMINISTRATION regulations and its rules and procedures as adopted by the Town Council. B. The Director of the Planning and Zoning Department shall be the Executive Secretary of the Development Review Board. C. The Development Review Board Chair, or his/her designee, has the right to appear before the Town Council on items of interest to the Development Review Board. Sec.1-604 Effect of Decisions All Development Review Board recommendations,final actions and findings of decisions shall be transmitted to the Town Council regardless of vote. ARTICLE 1-7. BOARD OF ADJUSTMENT Sec.1-701 Scope The Board of Adjustment shall hear and decide requests for variances and appeals of interpretations of this Code in accordance with A.R.S.,Section 9-462.06. Sec.1-702 Powers and Duties A. Interpretation The Board of Adjustment shall interpret this Code on appeal when: 1. There is a dispute between the appellant and the Planning and Zoning Director or other Town Official as to a decision or interpretation as set forth in Sec. 1-706;or 2. The location of a zoning district is in doubt. 1 - 9 Chapter 1 ADMINISTRATION B. Variances The Board of Adjustment may allow variances from the provisions of this Code in accordance with Sec. 1- 709,Findings. Sec.1-703 Meetings,Administration of Oaths and Compelling Attendance of Witnesses All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairman,or in his absence, the acting Chairman,may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona. Sec.1-704 Composition A. Appointment: The Board of Adjustment shall be composed of five members appointed by the Town Council. B. Terms: Appointments are for staggered terms of two years each with no limit on the number of terms. C. Vacancies: Vacancies shall be filled for the un-expired portion of that term within a reasonable time period as provided for by appointments of the Town Council. Ir. D. Removal: The Town Council has the authority to remove,by majority vote,any member for neglect of duty,inefficiency or misconduct in office. Sec.1-705 Transaction of Business A. The Board of Adjustment shall conduct its business in accordance with the Arizona Revised Statutes and applicable Town regulations and any rules and procedures as adopted by the Town Council. B. The Town Clerk,or an appointed representative from the Town Clerk's office,shall serve as the Executive Secretary of the Board of Adjustment and the minutes and records of all board proceedings will be kept and filed as public record in the files of the Town Clerk. Sec.1-706 Appeals from Administrative Decisions Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer,department,board or bureau of the municipality affected by a decision of an administrative official,within 30 days,by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit all papers constituting the record upon which the action appealed from was taken. Said appeal shall be filed on a form provided by the Town Clerk. A. An appeal shall stay all proceedings in the matter appealed from unless the officer from whom the appeal is taken certifies to the Board that,by reason of the fact stated in the certificate,the stay would, in his opinion,cause imminent peril to life or property. In such case,proceedings shall not be stayed,except by it 1 - 10 Chapter 1 ADMINISTRATION restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public. B. The concurring vote of a majority of the Board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this ordinance. Sec.1-707 Application for Variances Application for a variance of zoning regulations shall be made to the Board of Adjustment in the form of a written application. Said application shall be filed with the Town Clerk upon forms provided by the Board of Adjustment and shall be accompanied by: A. Plans and description sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings. B. Evidence satisfactory to the Board of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within 6 months after issuance of the variance. C. A filing fee according to the fee schedule adopted by the Town Council. The owner of a nonconforming sign shall not be required to pay a filing fee when applying for a variance from the ordinance that renders the sign nonconforming. D. From the time of filing the application until the time of such hearing, the application and all maps,plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk. Sec.1-708 Hearing and Notice Upon receipt in proper form of any such application, the Board of Adjustment shall proceed to hold a public hearing upon said application not more than 30 days,nor less than 15 days, after such filing, at which time all persons shall be given an opportunity to be heard. Such Board of Adjustment shall cause one notice of such hearing to be published in a newspaper of general circulation in the Town of Oro Valley and one notice to be posted on the subject property,giving at least 15 days notice of said hearing,and the time and place where said hearing will be held. Said notice,both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to protest may appear in person or by writing. All property owners within 300 feet must be notified. Sec.1-709 Findings A variance from the provisions of this Code shall not be authorized unless the Board shall find upon sufficient evidence: A. That there are special circumstances or conditions applying to the property referred to in the application including its size,shape,topography,location or surroundings which do not apply to other properties in the district;and 1 - 11 (P. Chapter 1 ADMINISTRATION B. That special circumstances were not created by the owner or applicant;and C. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights;and D. That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;and E. That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity,to adjacent property,to the neighborhood or the public welfare in general. Sec.1-710 Action The Board shall prescribe,in connection with any variance,such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include,among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this ordinance and such violation shall render the variance null and void. Sec.1-711 Review Any person aggrieved by a decision of the Board after hearing on application made by any taxpayer or municipal officer,may petition for a writ of certiorari to review the Board's decision pursuant to ARS Section 9-465(1956)as amended. IL 1 - 12 Roles and Requirements of Boards & Committee Members MEMORANDUM TO: Oro Valley Mayor & Council Chuck Sweet, Town Manager 6L, FROM: Kathi Cuvelier, Town Clerk 'ik DATE: August 20, 2003 SUBJ: Planning and Zoning Commission, Development Review Board, Board of Adjustment and Advisory Boards Powers and Duties Attached for your discussion at the upcoming Town Council/Manager/Town Clerk Retreat on August 23rd are excerpts from the Town Code relating to the powers and duties of Advisory Boards. Section 3-5-1 Planning and Zoning Commission There is hereby established a planning and zoning commission for the Town of Oro Valley to consist of not less than five nor more than seven members, each of whom shall be a resident of the town, to be appointed by the council. The members of the planning commission shall serve at the pleasure of the council for two-year terms providing nothing herein shall affect the expiration of the current terms of said planning commission. The members of the planning commission shall serve without compensation; however, members may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the commission and approval of such expenditures by the council. Page 1 of 1 40 RESOLUTION NO. (03)- 68 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA ADOPTING THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING PROCEDURES, ORO VALLEY PLANNING AND ZONING COMMISSION, AUGUST 6, 2003"AND MAKING SUCH DOCUMENT A PUBLIC RECORD WHEREAS, the Town of Oro Valley has established its own Planning and Zoning Commission and adopted rules and operating procedures therefor by Resolution(R)91-41; and, WHEREAS, it is necessary to amend the adopted rules and operating procedures to conform to adopted Town Council procedures; and, WHEREAS, the Planning and Zoning Commission has considered that document known as "Rules and Operating Procedures, Oro Valley Planning and Zoning Commission, August 6, 2003" and, at its July 1,2003 regular meeting, adopted and recommended Council approval of same, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: 110 That certain document known as the "Rules and Operating Procedures, Oro Valley Planning and Zoning Commission, August 6, 2003" is hereby adopted. Said document is attached herewith and labeled as "Exhibit A" and three copies of same are to remain on file in the office of the Town Clerk, and, further, said document is hereby declared to be a public record. PASSED AND ADOPTED by Mayor Ma or and Council of the Town of Oro Valley this 6th day of August, 2003. TOWN OF ORO VALLEY,ARIZONA . „/,‘ ,..._,_ _1 , dice- A yot r OR. Paul H. Loomis, ayor ATTEST: - ,i,—/Y), Cie,“—Za._,4 Kat ` E. Cuvelier, Town Clerk APPROVED AS TO FORM: 4 „Amon- ,/ 4,4-.4., , Mark J. .n r z, '•wn Attorney RULES AND OPERATING PROCEDURES ORO VALLEY PLANNING AND ZONING COMMISSION ttn '3 1 998` u gu s I 6. 2003 1. ORGANIZATION 1.1 Membership• The Planning and Zoning Commission shall be composed of a total of seven members who shall be residents of the Town. The Town Council shall appoint the members_in_accord ince fat...proc.e:.d.:res..__a:cl_opted.._by._.the_C.o:u.nc 1. All members shall serve at the will and pleasure of the Town Council. Appointments shall be for a period of two years each ending on June 30th, with terms of members so staggered that the terms of no more than four members shall expire in any one year. N..o._l-n.em h.er..s a11..se.rv. ....more_..th.an...:two....c_o:n.s.c.oliYe.twp.-year terms (not including any time served to fill a vacancy. Vacancies for any reason shall be filled by appointmentby the Council for the remainder of the unexpired term. The term of all members shall extend until their successors are appointed:, 1.2 Attendance If a member misses threes -e--regular meetings or five meetings within a year, a letter of inquiry requesting a response may-shall_be sent by the ChairmanSecetary to the CQm.m:l.ssjon. If the response received is indicative of a continuation of frequent absences, the Planning and Zoning Commission may request that the Town Council appoint a new person to complete the term. the Council with the facts as t• .•• .. • • ••._ • . • - • *h.'. '• .- • : 7' .. •• •.' . .nd Zoning Commission as the Town Council may request. 1.23 Officers The Planning and Zoning Commission shall elect a Chairman and Vice-Chairman from among its own members in September of each year who shall serve for one year. The Chairman and Vice-Chairman should he on alternate appointment schedules to avoid both rcaching_reappojntment or tern limits at the same_time 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 in these offices created by any cause shall be filled for the unexpired term by the Town Council. 134 Secretary 1110 The Town Council shall designate the Planning and Zoning Administrator to act as Secretary to the Commission. It shall be the duty of the Secretary or his or her designee to conduct all official correspondence of the Commission, send out all notices required by law, ordinance or these rules of procedure;to perform all the customary duties of the office; to be the custodian of the records of the Commission; to supervise the clerical work and technical preparations necessary to the disposition of business before the Commission; and to perform all other duties required by law, ordinance or these rules of the Commission. 1.45 Legal Counsel The Town Attorney, or his or her designated representative, shall provide legal advice for the Commission except when a conflict of interest or other legal bar to representation arises. The Town Attorney, or his or her designated representative, may decline representation if a conflict of interest arises. 2. MEETINGS 2.1 Regular Meetings lit Regular meetings of the Planning and Zoning Commission shall be held at the Oro Valley Town Hall on the first Tuesday of each month and shall be duly noticed, in accordance with Arizona Revised Statutes, as to exact time. If it is necessary to change the location or the time of the meeting, a notice of such change shall be posted at the Town Hall and other locations for posting of public notice as set forth in the Town's posting procedures. 2.2 Special Meetings Special meetings for good cause may be held by the Commission on call of its Chair or of a quorum of members, which call shall be filed with the Secretary, or as may be scheduled by a majority of the members at any previous meeting. If the Chairman is unavailable, the Vice-Chairman can call a special meeting. At least 24 hours notice of the meeting shall be given to each member of the Commission. 2.3 Public Meetings All meetings and hearings of the Commission, except Executive Sessions, shall be open to the public. Any action calling for a formal vote shall take place only at a public meeting. 2.4 Site Inspections 1110 The Secretary shall conduct a site inspection for the Planning and Zoning Commission members on al :._.�:....: UM atters deemed appropriate by the Chairman. Planning and Zoning Commissioo members who are u able to attend the group site inspection may 4110 visit the site individually. The conduct andnotices of such inspections shall be as provided bylaw and by adopted Council procedures. 2.5 Quorum and Voting Four members shall constitute a quorum. The affirmative vote of a majority of the members voting shall be required for passage of any matter before the Planning and Zoning Commission. The minutes of the meetings shall reflect the "ayes" and "nays" cast on a particular measure, as well as the rationale for the majority vote and the names of those members who vote in the minority. If absent, or if failing to vote,the minutes shall indicate that fact. If a member declares a conflict of interest relative to a particular issue, he will abstain both from voting and from deliberations of the matter in question. The Commission shall direct staff to prepare an update to the Council on all items continued more than 35 days, indicating why they were continued and when they are expected to be considered next by the Commission. 2.6 Zoning Code Amendments Any member of the Planning and Zoning Commission, or the Planning and Zoning Commission as a whole, may propose changes to the Zoning Code and such will be set for public hearing. 2.7 Order of Business or Agenda The order of business shall be as follows: A. Roll call - Roll is called by the Secretary. A quorum must be present to transact business B. Reading and aApproval of minutes of previous meeting(s) C. Call to the Audience D. Unfinished business DE. Hearing of applications €E.Reports FG. Resolutions GH. Communications and miscellaneous business 3. OFFICIAL RECORDS 3.1 Definition The official records shall include these rules and regulations, and the minutes of the Commission, together with all findings, decisions and other official actions and records. 3.2 Files - Retention All applications and other matters coming before the Commission shall be filed in the Town Planning Department office in accordance with that department's general file system. The Planning and Zoning Department shall keep all official records as provided by the Planning and Zoning Records Retention Schedule. The Secretary shall keep a permanent file of all plats, p maps, charts, reports, resolutions, notices, correspondence or other matters filed with, or issued by,the Commission. 4. RULES AND AMENDMENTS 4.1 Amendment Procedure Amendments to these rules may be made by the Commission and approved by the Town Council provided any such amendment is proposed at preceding meeting, or is submitted in writing at a prior meeting of the Commission, and is recorded in the minutes of such meeting or meetings. Amendments adopted as above shall become effective at the next regular meeting of the Commission. APPROVED by the Planning and Zoning Commission this 5th 6 day of June Au usi ,44)98200.3.. Dennis DouglasBill.Moody, Chairman APPROVED by the Oro Valley Town Council this 3rd 6 day of June August _ , -92.003. Cheryl S -Paul H. Loomis,Mayor F:\Admin PZ\P&Z Commission\Commission Rules and Procedures 080603.doc Section 3-5-4 Development Review Board J4 A. There is hereby established a development review board for the Town of Oro Valley to consist of five to seven members; each of whom shall be a resident of the town. B. Seven members shall be appointed by the council and shall serve at the pleasure of the council for two year terms, provided nothing herein shall affect the expiration of the current terms of the development review board. The effective date of this structure shall be June 30, 1996. C. A planning commission member shall be appointed by the planning commission. D. The members of the development review board shall serve without compensation;however,members may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the board and approval of the expenditures by the council. E. The town engineer and zoning administrator, or their designated representatives, and one member of the council appointed by the council as a liaison to the development review board shall meet with the board on a regular basis in order to offer advice and technical assistance but shall not vote. (95-78,Amended,09/27/1995) Page 1 of 1 ORDINANCE NO. (0)95-03 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING CHAPTER 3, SEC. 3-5-4, DEVELOPMENT REVIEW BOARD, OF THE CODE OF THE TOWN OF ORO VALLEY, AS ADOPTED BY ORDINANCE NO. (0)89-21; PERTAINING TO MEMBERSHIP ON THE DEVELOPMENT REVIEW BOARD; ESTABLISHING THIS AMENDMENT AS PART OF THE CODE OF THE TOWN OF ORO VALLEY, AND FIXING THE EFFECTIVE DATE THEREOF; BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That Section 3-5-4, Development Review Board, of the Code of the Town of Oro Valley be amended as follows: B. Seven members shall be appointed by the Council and shall serve at the pleasure of the Council for two year terms, provided nothing herein shall affect the expiration of current terms of the Development Review Board. SECTION 2. The effective date of this ordinance shall be September 30, 1995. 1110 SECTION 3. All ordinances and part of ordinances in conflict with provisions of this ordinance or anypart of the amendments to the Oro Valley Town Code adopted herein by reference are hereby repealed on the effective date of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 18th day of January, , 1995. APPROVED this 18th dayof January, 1995 by the affirmative vote of three-fourths of the members of the Town Council of the Town of Oro Valley, Arizona. G 1 Richard S. Parker Mayor ATTEST: C`Kathryn t uvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney 410 RESOLUTION NO. ( R) 91-39 A RESOLUTION OF 'IBE TOWN OF ORO VALLEY, ARIZONA, ADOPTING THAT DOCUMENT KNOWN AS THE "RULES AND OPERATING FARO , ORO VALLEY DEVELOPMENT REVIEW BOARD, OCTOBER 8, 1991" AND MAKING SUCH DOCUMENT A PUBLIC RECORD; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Oro Valley has established its own Development Review Board and is desirous of adopting rules and operating procedures therefor, and WHEREAS, the Development Review Board has considered that document known as "Rules and Operating Procedures, Oro Valley Development Review Board, October 8, 1991" and, at its October 8, 1991 regular meeting, adopted and recommended Council approval of same, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO That certain document known as the "Rules and Operating Procedures, Oro Valley Development Review Board, October 8, 1991" is hereby adopted. Said document is attached herewith and labeled as "Exhibit A" and three 410 copies of same are to remain on file in the office of the Town Clerk, and, further, said document is hereby declared to be a public record. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley this 20th day of November, 1991. r Cathy Hu -W ult, iLyor ATTEST: r Kathryn Cvel ier Tuan Clerk APPROVED AS TO FORM: Gary pYic1d', Town Attorney 111110 RULES AND OPERATING PROCEDURES ORO VAIIEY DEVELOPMENT REVIEW BOARD October 8, 1991 1 ORGANIZATION 1.1 MemberShip The Development Review Board shall be composed of a total of seven members who shall be residents of the ZOwn. Six members shall be appointed bythe Town Council and one shall be appointed by the Planningand Zoning fission. All pp° members shall serve at the will and pleasure of the Town Council. Ta in Council appointments shall be for a period of two years each ending on June 30th, 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 the appointing authority for the remaindereXp of the un iced term. The term of all members shall extend until their successors are appointed. If a member misses three consecutive regular meetings or five meetings within ayear, a letter of inquiry requesting a response may be sent by the Chairman. If the response received is indicative of a continuation of frequent absences, the Development Review Board may request that the •� new person to complete the term. appointing authority appoint a 1410 The Chairman shall sign all reports and recommendations to the Town Council and furnish the Council with the facts as to the adoption of any such report or recommendation and shall provide such other information as to the work of the Development Review Board as the Town Council may request. 1.2 Officers The Development Review shall elect a Chairman and Vice-Chairman P from among its own eachear who shall serve for in September of y oneY ear. 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'sabil i of the Chairman. If both Chairman and Vice-Chairman are absent from a meeting, the senior member of the Board shall preside. Vacancies in these offices created by any cause shall be filled for the unexpired term by a new election. 1.3 Planning and Zoning Commission Liaison Member The Planning and Zoning Commission Liaison Member shall, in addition to other Development Review Board responsibilities, provide oral and/or written summaries to the Development Review Board and the Planning and Zoning Commission regarding each 's activities. 1 4110 1.4 Secretary shall designate to the Planning and Zoning Director to act The Town Council � o f the Secretaryor to the Board. It shall be the duty as Secretary his or her designee to conduct all official correspondence of the Board, send out all notices required by law, ordinance or these rules of the office; to be the lure; to perform all the customary duties of p custodian of the records of the Board; to supervise the clerical work and technical preparations necessary to the disposition of business �a before the Board; and to perform all other duties required by law, ordinance or these rules of the Board. 1.5 Legal Counsel e or his or her designated representative, shall The Town Attorney, a conflict of interest or provide legal advice to the except when p other legal bar to re representative arises. The Town Attorney or his or her designated p resentative may decline representation if a conflict of interest arises. 2 MEETINGS 2.1 Regular Meetings Regular meetings of the Development Review Board shall be held at the Oro Valley Town Hall on the second Tuesday of each month and shall be • in accordance with Arizona Revised Statutes, as to exact duly noticed • it� is necessaryto change the location or the time of the time. If meeting, a notice of such change shall be posted at the Town Hall and posting other locations for st' of public notice as set forth in the Town's posting procedures. 2.2 Special Meetings Special meetings forgood be held by the on call of its cause may be filed with the Chair or of a quorum of members, which call shall Y Secretary, or as may be scheduled by a majority of the members at any previous meeting• mm If the Chairman is unavailable, the Vice-Chairman can call a special meeting.t' . At least 24 hours' notice of the meeting shall be given to each member of the Board. 2.3 Public Meetings • hearings of the Board, except Executive Sessions, shall All meetings and � be open to the public. Any action calling for a formal vote shall take place only at a public meeting. 2.4 Site Inspections 1 conduct a site inspection for the Development Review The Secretary steal 1110 Board , as deemed appropriate by the Chairman, on any matter to be consideredby the Board. Development Review Board members who are 2 site inspection may visit the site unable to attend the group individually. The notices of such inspections shall be as provided by law. 2.5 Quorum and Voting Four members shall constitute a quorum. The affirmative vote of a • voting shall be required for passage of any majority of the ReviewBoard. 'Ihe minutes of the meetings matter before the Development measure and reflect the "ayes" and "nays" cast on a particular shall Y shall reflect the vote of each member present or if absent, or if vote, shall indicate that fact. If a declares a failing to issue, he/she will abstain conflict of interest relative to a particular / question. from vot• and from the deliberations of the matter i n both � 2.6 Order of Business or Agenda The order of business shall be as follows: A. Roll call Roll is called by the Secretary. A quorum must be present to transact business. B. Reading approval and a roval of minutes of previous meeting(s) . C. Unfinished business D. Hearing of applications E. Reports %IP F. Resolutions 1 G. Communications and miscellaneous business 3 OFFICIAL RECORDS 3.1 Definition . shall include these rules and regulations, and the The official records minutes of the Board, together with all f s, decisions and other official actions and records. 3.2 Files - Retention • and other matters coming before the shall be All applications , • Town Planningand Zoning Department Office in accordance filed in theth that department's generalfile system. The Planning and Zoning wi Detkeep shall all official records as provided by the Planning and Zoning R permanent file plats, Retention Schedule. The Secretary shall keep a of all maps, dharts, reports, resolutions, notices, correspondence or other matters filed with, or issued by, the Board. 1 A Resolution adopted by the Review Board might include reports of inregardto 1 and zoning studies conducted, Board (and staff) P � subdivision plats, results of hearings or special reports requested by the Council. s ' (Arizona Dept. of Commerce Planningand Zoning k) • 3 Id 4 RULES AND AMENDMENTS 4.1 Amendment Procedure Amendments to these rules may be made by the Board and approved by the Town Council provided any such amendment is proposed at preceding meeting, or is submitted in writing at a prior meeting of the Board, and is recorded in the minutes of such meeting or meetings. Amendments adopted as above shall become effective at the next regular meeting of the Board. Board this a./AkArt,APPROVED by the Develoft Reviewday of , 1991. r• , r Chairman ✓ ..�� APPROVED by the Oro Valley Town Council this C� day of XJO v e'llt 6,'1r ► 1991. Mayor 100/ 11110 4 DRB MEETING PROTOCOL The Development Review officially recognizes the following guidelines to serve as protocol for meetings exclusive of regular sessions: 1. EX-PARTE INDIVIDUAL MEETINGS WITH APPLICANTS AND/OR CITIZENS a. Board members will refrain from meeting with applicants or other interested parties. If a meeting is unavoidable,the member will invite the person to present testimony before the whole Board. Furthermore, a Board member will not reveal their position on the matter. All substantive information offered will be placed on the public record by the Board member as soon as possible b. Written information on a pending Board action must be sent to staff for review. Staff must distribute the written information to the Board at large. c. Private field trips or tours with applicants or interested parties will not be provided. Such individual requests are to be announced at public meeting and all interested parties will be invited to attend. 2. DRB MEETING AS A WHOLE WITH CITIZEN GROUPS a. Citizens groups will be provided the same opportunity to request a study session as the applicant. b. At the discretion of the Chairperson, every effort will be made to provide citizens an 41r equal opportunity to present and discuss issues as is afforded the applicant. 3. DRB MEMBERS ADDRESSING THE COMMISSION OR TOWN COUNCIL ON DEVELOPMENT ISSUESS TO BE CONSIDERED IN THE FUTURE OR REVIEWED IN THE PAST BY THE BOARD. a. When individual Board members address other decision-making bodies, he/she will make every attempt to avoid a perception that he/she represents the Board as a whole, unless specifically designated to do so by a quorum of DRB members. Section 3-5-5 Board of Adjustment A. The Town of Oro Valley Board of Adjustment shall consist of five members. Members shall serve two year terms. Members must be Oro Valley residents. Members will be appointed to the Board of Adjustment by the Town Council as per the adopted policy for "Appointments to Boards, Commissions and Advisory Bodies of the Town." (01-22,Amended,08/01/2001) Page 1 of 1 Oro Valley Town Code 4 Article 3-6 ADVISORY BOARDS Sections: 3-6-1 Creation and Duties 3-6-2 Term of Office and Membership 3-6-3 Extension of Term of Advisory Board 3-6-3-7 SETTLEMENT AUTHORITY 3-6-4 Officers Designated,Meetings, and Rules of Procedure 3-6-5 Limitation of Authority 3-6-6 Liaison 3-6-7 Powers and Duties of the Parks and Recreation Advisory Board 3-6-7. Powers and Duties of the Parks and Recreation Advisory Board 3-6-8 Oro Valley Water Utility Commission Section 3-6-1 Creation and Duties The town council may create from time to time advisory boards of three, five, or seven members who are residents of the town for the purpose of examining areas dealing with subject matters as defined by the council by board name and council designation of areas for board study. The board shall submit recommendations for the council's information and possible action. Section 3-6-2 Term of Office and Membership 4 Such boards shall be created for terms not exceeding two years which terms may be shortened, ended, or extended by action of the council. Members of the board shall serve at the pleasure of the council for a term not exceeding two years. Any vacancy shall be filled by the council for an unexpired term. Members shall serve without compensation and shall be residents of the town and not members of any other town body. Section 3-6-3 Extension of Term of Advisory Board In the event the board sends a letter of intent of desire to continue to the town council three months prior to its expiration date, the council shall consider an extension of the term. In the event of extension of a board's time, the council shall advertise for other board members to volunteer for positions on the board and additionally consider existing board members should they send to the council letters of intent as to their desire to remain on the board. Section 3-6-3-7 SETTLEMENT AUTHORITY Section 3-6-4 Officers Designated,Meetings, and Rules of Procedure The board shall elect its own officers annually and may conduct its meetings in accordance with Roberts Rules of Order as may be amended by the council for the use of all commissions and boards and shall adhere to all open meetings laws of the State of Arizona. Board meetings shall be regularly scheduled, legally noticed, and held once a month. Special meetings may be called by the chair with at 1110 least 24 hours notice or by any three board members with at least 48 hours notice under the same conditions as set forth for the mayor and council under Section 2-4-2 of the Oro Valley Town Code. Page 1 of 3 Oro Valley Town Code Agendas shall be posted and meeting minutes taken and both shall be filed with the town clerk. Section 3-6-5 Limitation of Authority Advisory boards shall not have authority to commit the Town of Oro Valley to any agreements with public or private organizations or discuss financial arrangements. (95-11,Amended,03/01/1995) Section 3-6-6 Liaison The town manager or his designee from the town staff shall serve as an ex-officio non-voting member of the board to facilitate reports to the council and shall attend such meeting as he/she deems necessary or as a function of the board's agenda. Section 3-6-7 Powers and Duties of the Parks and Recreation Advisory Board 1. To act in an advisory capacity to the Town Council in matters pertaining to parks and recreation, parks design, open space and trail use (prior to the review comments being submitted to other Boards, Commissions or the Council). The Board's powers shall be limited to an advisory role with the Parks and Recreation Director and/or the Town Council and shall not provide directions to Town Employees regarding the activities of staff,parks operations or recreation programs. 2. As with any Board, Commission or Committee, all requests for use of any Town Staff time and resources must be approved by the Town Manager or his designee. 3. Give advice to the Town Council and Parks and Recreation Director for general priorities at budget time for those items (other than administrative functions as determined by the Town Manager and the Department Head) relating to park development and recreation programs. This involves a yearly review and update of the five.year plan for park land acquisition and capital improvements as prepared by the Parks and Recreation Director. 4. Give due attention and study to the recreation, open space, trails and park services as they affect the residents of Oro Valley. 5. Make policy recommendations, keeping in mind that the final adoption of the policy is the prerogative of the Council. 6. Make initial contact for soliciting funds after being so directed and approved to do so by the Town Council; again keeping in mind that the Council makes the final determination for any acceptance or rejection in these areas. 7. Interact with the Town of Oro Valley Arts Advisory Board on all matters relating to parks and recreation matters in regards to areas of mutual concern. (95-30, Amended,05/17/1995) Section 3-6-7. Powers and Duties of the Parks and Recreation Advisory Board 1. To act in an advisory capacity to the Town Council in matters pertaining to parks and recreation, parks design, open space and trail use (prior to the review comments being submitted to other Boards, Commissions or the Council). The Board's powers shall be limited to an advisory role with the Parks and Recreation Director and/or the Town Council and shall not provide directions to Town Employees regarding the activities of staff,parks operations or recreation programs. 2. As with any Board, Commission or Committee, all requests for use of any Town Staff time and resources must be approved by the Town Manager or his designee. 3. Give advice to the Town Council and Parks and Recreation Director for general priorities at budget time for those items (other than administrative functions as determined by the Town Manager and Page 2 of 3 Oro Valley Town Code the Department Head) relating to park development and recreation programs. This involves a yearly WO review and update of the five-year plan for park land acquisition and capital improvements as prepared by the Parks and Recreation Director. 4. Give due attention and study to the recreation, open space, trails and park services as they affect the residents of Oro Valley. 5. Make policy recommendations, keeping in mind that the final adoption of the policy is the prerogative of the Council. 6. Make initial contact for soliciting funds after being so directed and approved to do so by the Town Council; again keeping in mind that the Council makes the final determination for any acceptance or rejection in these areas. 7. Interact with the Town of Oro Valley Arts Advisory Board on all matters relating to parks and recreation matters in regards to areas of mutual concern. (95-30,Amended,05/17/1995) Section 3-6-8 Oro Valley Water Utility Commission The Oro Valley Water Utility Commission is created and defined by Article 15-4. It will operate in accordance with all provisions of Article 15-4 and the Water Policies as adopted by Town Council. (98-04,Amended,01/21/1998) 1110 110 Page 3 of 3 Review ofZoniny Code enforcement procedures/follow through MEMORANDUM TO: PAULA ABBOTT, COUNCIL MEMBER FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20, 2003 SUB): Zoning Code Enforcement Procedures As per your request for the Town Council Retreat on August 23rd, 2003 please find attached a copy of the Planning and Zoning Division Standard Operating Procedure (SOP) #17A — Procedures to Notice and p 9 Record Violations and Citations. Thank you. CHUCK SWEET TOWN MANAGER C: Mayor and Town Council Town Clerk Attachment (1) PLANNING AND ZONING DIVISION STANDARD OPERATING PROCEDURES Complaints Violations and Citations SOP# 17A Copies to: Effective: August 8, 2003 Enforcement Team Supercedes: SOP 17 11/01/00 Policy: To ensure that all violations noted by staff are recorded and tracked to obtain compliance. To ensure that all infractions, for which a citation should be issued, are cited and evidence is gathered to support the citation. To provide a record of enforcement activities to measure performance and as evidence should a citation be required. Procedures to Notice and Record Violations and Citations: Zoning Enforcement Field Staff When a complaint is filed or an infraction is noted enter all pertinent information in the violation/complaint database (Accela). Maintain this data as conditions change. Issue a yellow violation/potential violation notice for all infractions. If the infraction can be corrected within four hours note, on the violation notice, that it must be corrected within four hours and verbally inform the person responsible or their representative. Record the full name and position of the person to whom you are talking. Describe the infraction(s). Inform the person you are in contact with that the Town will provide them four hours to correct the infraction(s). Then inform them of the remainder of the process as outlined below. After this four hour time span, re-inspect the site, and if the infraction has not been corrected, re-issue a yellow zoning violation notice (immediately) and issue a letter of violation (within 24 hours). On each, indicate when the infraction needs to be corrected this should be a reasonable, but short, period. The yellow zoning violation notice is to remain where placed by Staff until the infraction is corrected it should be so stated on the notice. If the infraction has not been corrected within the specified period, or if the notice is removed, staff will issue a citation for the infraction. 41. Citations will be issued: 1. any time a person/party has committed the same or a similar f:\data\wp\procedur.es\zone_map.pro Page 1 infraction three or more times; 2. whenever the time period for correcting an infraction has passed without a correction; 3. if the infraction involves the destruction of protected native plants; or, 4. if the infraction is significant in regards to public health, safety, or welfare. Immediately collect evidence and field correct any situation that poses a threat to public health or safety. Citations and the collection of evidence must follow the procedures noted in the June 17, 2002 memo from the Town Attorney(attached). They are to be reviewed by the Senior Zoning Inspector and signed by the Planning and Zoning Administrator prior to being sent to Legal. Senior Zoning Inspector Review all citations to ensure that they meet the criteria for a citation,that they are factually correct, and that the evidence required to support the citation is provided or can be obtained. Track and evaluate violations to ensure that compliance is being achieved. Track citations to ensure that all required evidence is provided to the Town Prosecutor in a timely manner. Report the Court's decisions on all citations in the database, and if applicable, set a reminder in the database to follow-up on any corrective actions required by the Court. Provide weekly report summaries on all complaints, violations, and citations to the Planning and Zoning Administrator. Train staff in the proper methods for issuing violations,preparing citations, and gathering evidence for court cases. .. j i751/41-5 Bryant '-i 41 MCP Planning and Zoning Administrator Attach: Town Attorney Memo dated June 17, 2002 F:\Admin PZ\Procedures\SOP#17A Violations and Citations.doc (ibr f:\data\wp\procedur.es\zone_map.pro Page 2 • f ( •:1.��::;L;'-'�J-7 �J'"7 erG1( r 'J Jay ••.•• / •� / 4 wAss4i;?-40:..i.::. :<•5,,,,,,,,iSSiii000000.':• ••:•:• •};:Jf:f'•:•:: ...�.. J� NDED Office of the Town Attorney y -Menlo To: Terry Volser,Building Safety Administrator;Bryant Nodine,Planning and Zoning Administrator From: Dan L. Dudley, Town Attorney Date: June 17, 2002 Re: Violations of Statute(s Ordinanc s /Code(s)within the Town of Oro Valley Please find attached a Town of Oro Valley Violations of Statute(s)/Ordinance(s)/Code(s) Questionnaire for your use when issuing a citation within the Town. The completion of this Questionnaire and submission to Carol Acheson will facilitate a quicker turnaround in issuing and prosecuting citations. DLD/ca Attachment Cc: Brent Sinclair • (16. F:\Memos\Building Safety\Vosler Violation questionnaire.doc ,••• TOWN OF ORO VALLEY QUESTIONNAIRE FOR VIOLATIOI\TS(S) OF STATUTES)/ORDINANCE(S)/CODE(S) THE FOLLOWING MUST BE ANSWERED/COMPLETED WREN ISSUING A CITATION: 1. Name or person(s) or business violating statute(s)/ordinance(s)/code(s). 2. Name of contact person for violation. 3. If business, list name of principal. 4. Address of person(s) or business of alleged violation. 5. Identify yourself as person issuing violation and where you can be reached during the day. 6. Date and specific time of violation. 7. List alleged violation(s) including specific statute(s)/ordinance(s)/code(s) violated. Be specific (all ways) statute(s)/ordinance(s)/code(s)were violated. 8. Draw a diagram of location of property/building/or parts thereof where violation of statute(s)/ordinance(s)/code(s) is located. 9. List names and nature of conversation you had with any persons regarding the alleged violation. Write down word-for-word if possible. 10. List names and addresses of all persons who were present (even if had no conversation with them). (They may be potential witnesses.) 11. Include in your report any statements you or accused made as to how problem(s) could be resolved. 12. List any prior contacts made with person or business within the last five(5) years. Include dates of prior contact and who contacted whom and why. List (6, names and addresses of all persons present (even if had no conversation with them). FAaiieing saretffiolation questions.dot 13. Write a Supplemental Report for every contact made after a citation is issued. Complete numbers 1 through 12 again. Prepare and issue report to the Town Attorney's Office within 48 hours (2 days) of any alleged violation of statutes)/ordinance(s)/code(s) (Stop Work Order, Citation, Corrective Action, etc). Please notify the Town Attorney's Office if you specifically know times you are going to be out within six (6) months of the date of violation for Court scheduling purposes. 46- F:\Building SafetyWiolation questions.dot Review of exisUny PADS within Oro VIIey; Focus on outdated PADS MEMORANDUM TO: PAULA ABBOTT, COUNCIL MEMBER FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20, 2003 SUBJ: Existing Plan Area Developments (PAD's) in Oro Valley As per your request for the Town Council Retreat on August 23"1, 2003 please find attached a "Listing of all PAD's in Oro Valley" This listing is in chronological order with the oldest PAD listed first. Regarding these PAD's conformance with the existing General Plan or to be voted on General Plan will take additional extensive work, should the Town Council so desire. Thank you. 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Electronic Communication between Town Council and Manager MEMORANDUM TO: MAYOR AND TOWN COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20"' 2003 SUB): Electronic Communication between Town Council and Manager This Retreat agenda item is being requested in order to discuss the Town's current electronic communication system (e-mail system) and whether it is working sufficiently or is there room for improvement. Thank you. Chuck Sweet, Town Manager C: Town Clerk SUGGESTED CHANGES FOR IMPROVEMENT OF DEVELOPMENT SERVICES Hire Fire Marshal Justification: We need to have a Town of Oro Valley employee focused on fire code plan review. The current arrangement is not producing a timely and seamless plan review. Our commercial plan reviews are not meeting their target, due to the backload of plans waiting to be reviewed. Budget Impact: This position is in the adopted FY 2003-04 budget. Hire Fire Code Inspector Justification: It has become apparent that we will need ongoing fire inspection services for annual inspections and all enforcement activities for commercial businesses. At present, this may best be handled by the existing providers of that service until we can realistically assess the impact of the position above. Eventually, this will necessitate a new full-time position. Budget Impact: We are currently not charged for these services. A new position for next year would cost $30,000—40,000. Unfreeze Zoning Inspector Justification: Building activity has increased significantly in the last 30 - 45 days and everything suggests it will be sustained. Likewise, zoning enforcement activity has increased due to our new annexations. This position focuses more on enforcement however, the lack of this position means the technicians who are focused on plan review are splitting duties between plan review and enforcement. As a result, we are not achieving our targets for plan review as consistently as we should. Budget Impact: This position is in the adopted FY 2003-04 budget. Upgrade Development Technician This position is currently vacant due to an internal promotion. The upgrade to a Development Technician Supervisor would provide a front line supervisor on the "counter" at all times who could make decisions and assign tasks immediately. The Office Manager would then be able to devote more time and attention to the larger issues as well as manage the operations, maintenance and upgrades of the Permits Plus system. Bye Impact: No impact for this budget year. An additional $10,000 would be n6eded dor next budget year. Additional Outside Professional Services Justification: If a significant portion of the anticipated building projects do happen, we will need additional outside professional plan review services in order to complete plan reviews within the specified targets. Budget Impact: The average cost of outside plan review per 50,000 square feet of development is $7000. Budget adjustments may need to be made on a quarterly basis as developments emerge. Online Permit Access Justification: We are one small step away from providing customer access to our Permits Plus tracking system. Once operational, customers would be able to check the status of their plans online (via the internet) in the convenience of their home or business. We would also have the ability to process minor permits online. Information retrieval and minor permit processing reduces both customer and staff time and cost. Budget Impact: $18,000 Initial investment in hardware and data migration. $10,000 of that is to upgrade our permits plus server which must be upgraded even if we do not pursue the online access. An additional $3800 is needed for annual licensing and will be a reoccurring expense. Online Plan Review Justification: This emerging technology is too tempting to pass up but is still unproven for widespread application. Plans are submitted electronically via the Internet via a third party vendor. The customer would actually pay a service fee to the third party vendor. The Town would have to pay a maintenance fee to the vendor. Budget Impact: We are still researching this. •Page 2 International City/County Adosh.,) ICMA . .H . all ' - i -mow Management Association icma.org ...... . . THE RETREAT AS , .,-,, MANAGEMENT TOOL NI - 0. 0, - • 411 . . , The work of public officials and public managers is usually fast-paced and $ ah, — ' ..... . .. ,._ i -ilot . ., ., . . demanding. Therefore,when a particularly important issue demands more lengthy contemplation by the governing body or staff (or both), a retreat can offer the perfect solution. By VOLUME 33/ NUMBER 1 JANUARY 2001 setting aside time for a structured discussion away from the normal work , environment, decision makers can explore issues in depth and exchange ideas with each other in a relaxed - environment. Retreats offer solutions for other • situations as well. Sometimes conflict dominates a group's interpersonal dynamics, and a way to improve working relationships is needed. Sometimes a new governing board needs to become well acquainted in order to work effectively as a team. Sometimes a board wants to get to know a new manager or the local government's staff better. Regardless of the purpose of the retreat,it must be well planned and structured to succeed. This report discusses the steps to success to help managers plan a productive retreat. Examples provided by managers and facilitators illustrate retreat management techniques as well as outcomes. Table of Contents Plan the Retreat Designate a Facilitator Develop an Agenda Find an Off-Site Location Develop Ground Rules Encourage Active Participation Be Specific About Follow-up International City/County wri LLAMA Management Association icma.org InQuiry Service VOLUME 33/ NUMBER 1 JANUARY 2001 ICMA's IQ Service Reports (ISSN:0047-5262) are published monthly by ICMA, 777 N. Capitol St., NE,Suite 500,Wash- ington, DC 20002-4201. © 2001 by the International City/ County Management Association.No part of this report may be reproduced without permission of the copyright owner. These reports are intended primarily to provide timely infor- mation on subjects of practical interest to local government Author Contact Information administrators,department heads,budget and research ana- Amy Cohen Paul lysts,administrative assistants,and others responsible for and Management Partners,Inc. concerned with operational aspects of local government. 1730 Madison Road Cincinnati,Ohio 45206 IQ Service Reports are published as part of ICMA's InQuiry 513/861-5400 Service subscription package.The package also includes un- amypaull@aol.com limited access (via the Internet or staff-assisted searches) to ICMA's IQ documents—a database of thousands of local gov- ernment reports,budgets,ordinances,program descriptions, Recent Reports purchasing manuals,job descriptions,and other materials— 12/00 GASB 34:What It Means for You a bimonthly subscriber newsletter,information packets,and 11/00 Continuous Learning:A Leadership Challenge a number of other valuable ICMA publications.Requests for 10/00 Waterfront Redevelopment general information concerning ICMA's InQuiry Service sub- 09/00 Design Review scription package should be addressed to Bruce Thibault at 08/00 Police Accountability:Establishing an Early 202/962-3587,or bthibault@icma.org. Warning System 07/00 Managing Conflict in Combination Fire Departments 06/00 Sexual Harassment:Successful Policy Publishing and Information Resources Implementation Barbara H.Moore,Director 05/00 Access:Making Your Community Internet Christine Ulrich,Editorial Director Ready Mary Marik,Editor 04/00 Trails and Greenways David George,Assistant Director 03/00 Workforce Planning and Development of Clearinghouse Services 02/00 Risk Management:A Comprehensive Bruce Thibault,IQ Service Coordinator Approach Dawn Leland,Production Director 01/00 Information and Communications Technology, Maria C.Mitchell,Layout for Public Safety Amy Cohen Paul, the author of this report, is a partner with 3 The Retreat as Management Partners,Inc.,a consulting firm that specializes in helping local government managers improve Management Iook the waytheir organizations o erate.Ms. Paul has more than p twenty years of experience assisting local governments in a variety of areas. She has helped lead retreats for public officials and management teams;conducted community workshops;facilitated strategic planning processes;provided training,design,and installation of performance measurement systems;conducted benchmarking studies;and led organizational assessments. She was the editor of ICMA's Managing for Tomorrow:Global Change and Local Futures(1990). The idea of a retreat conjures up different images for understanding,and help them cooperate.Retreats can different people. Since retreats can be extremely var- be used to resolve conflict that is interfering with a ied in content and format and are used for a variety of group's work.Regardless of the purpose of the retreat, purposes,this report will cover several types of retreats the very act of planning and holding a retreat sends a as well as retreat outcomes. It will focus on elements message tothe participants: we have set aside time to of success that may be helpful to public officials plan- discuss this important subject, and we have work to ping and holding retreats, and it will explain areas of accomplish. .5 sensitivity that require special attention. The seven steps discussed in this report provide Many city councils,county commissions,and other guidance on how to help ensure a successful retreat governing boards rely on annual retreats to set goals experience.These steps represent a compilation of ad- for the coming year.Strategic or long-term planning is vice from experts: local government managers who often accomplished during retreats,either by local gov- have benefited from using retreats and consultants who ernment staff, governing boards, or a combination of have facilitated them. both.Besides single subject sessions(like strategic plan- ning), retreats are useful for other purposes. For ex- ample, team building retreats are apopular way to PLAN THE RETREAT bring disparate people together,foster greater mutual Planning is the first key element to a successful retreat. • r �� 1 ` Y First, think about what you hope to accomplish and x,. 1 .z��' :.a'�'' �..�..x�f�c�.fs rvr�"3",� -Ms.»e �i'k� ��..s.��v�'P r`� -,r'�,T > � �r i+'.�1 ,5<a'ST+- �.� � "' +r awe+.`�1�-,s a*�w�srs�.� x , J the nature of the groupinvolved.What is thepurpose Seven steps:to success 4 P; ��� � j �� ^��.�� ��� � ���� ��. ���� of the retreat?Do you want to set goals ort e coming �r's�'�'o'^�: ",,�F� .y � +9 ,rpj.'.T+��4 wJ ski���ad�t+�,r��^t"�x .�3* .. r ,1 { J.: .. f?�x�;„y. , year? Is the local government facing a one-time crisis or a long-termproblem? Doyou have a lon a enda Plan the retreat from beginning-to end.lc�entii�a� g- g g the goals of the retreat including the objective, with complex issues?Is the group used to working to- for the meeting, 3 N� �� .: -�. gether collaboratively,or will this be a new experience? •Designate a facilitator referabl a neutr.It-IT_ g �P YThe answers to questions such as these will help de- art trained and skilled in facilitation E� 5 P Y T ,y � termine the time requirements of the retreat as well as techniques). �; F its timing during the calendar year.In addition,the an- �..�. ;,. r a� r � ,� „q- �,,ss.;z �.^fie p �S 3�S may.S Y Z � ,3`�iF� �Y4 dti Develop fan agenda� � ;� '� ter: _ � � Xp,Y+ N , savers will influence the choice of participants, the lo- • Find an off-site location.Provide a comfortably the t e of facilitation techniques used, and . : cation, YP q environment with adequate refreshments th � � ,- - ; w other aspects of the event. is conducive to worlr - - - �.r s z �� ,Y s -, Open-meeting laws mayaffect your retreat.While • Agree on ground rules that promote a safe. P g and courteous environment �� � it is quite appropriate to have the public observe pub- • Encourage active participation thro gh. 2 lic officials setting public policy, some retreat subjects Be specific about follow-up.`Develop ars - are more comfortably discussed without an audience. implementation plan that designates z F * �; This is especially true if the purpose of the retreat is to responsibili#y and time lines. ' ':::';',,1:L:;;;;., give direction to or to evaluate an appointee of coun- cil. Some managers report asking the media not to at- 2 Inquiry Service Report tend.Depending on the relationship you have with the eration.You may want to hold the goal-setting retreat media, this prohibition may or may not be appropn- before you begin preparing the budget, so that re ate. Other managers have found that scheduling a re- sources needed to achieve the goals are reflected in the treat for a weekend minimizes media attention. budget. On the other hand, if the purpose of the re Sometimes holding the retreat some distance away treat is team building, the preferable timing may be from the local government's jurisdiction discourages following an election or before a series of important onlookers. Of course, if they suspect that you are try- council meetings. ing to avoid them,the press may follow you to the ends Be sure to give participants enough advance no- of the earth! Your own laws and local media practices tice so that they can arrange to attend the retreat,par- will determine the most appropriate approach for your ticularly if a weekend is involved or time away from retreat. work is required.Be sensitive to participants'needs and The time spent during preparation will help de- their time constraints. As you plan, think about what termine the success of your retreat.Planning gives you you can realistically accomplish during the retreat.For the ability to articulate what it is the group wants to example, a three-hour retreat will not yield the same accomplish. The answer to that question should drive level of discussion or outcome as a retreat spanning a every activity during the retreat.While there is not one day and a half. "right" way to prepare, experts have a variety of sug- gestions. Decide Who Should Participate Time and Timing Another critical part of the planning process,once the broad objective of the retreat is defined,is to consider If the purpose of the retreat is to set goals for the com- the question "Who should participate?" Participation ing year, the timing of the retreat in terms of the local can be a dicey issue. Even when the retreat is targeted government's government's fiscal cycle will be an important consid- to one group, such as the city council or county corn- - - '-' t .iiiteini i - for department staff oit-re 7 retreat interview_. .. --,'questions..._.. , -----:4-,."-: ..?4,4-;-„-z,-,„--,-,,..4g7A -7-_.;t'f,c1.:--::.,--'a-:-,_.:?. .:FT_I-:--;:>-,,itf-_iTi.. -}41%':',:eCont-rol'"ii-Ln;-P4.--1:12.-,46: - .- Core staff -,:if-,-iz,,t,,,,,'-',.,c,.-'- -i--.'.:::;-''Piv- 1-1----Y,,t. ./,:z444:-,:,!-, D youfeet ihtif V8ii -"ejve'fhe'tfbfmdfipcf"Ydt;r'''..r: ,' How would you desc-r be bP,PY9!:a1.1 purposp,9!-..f---_42,41tz ,,.., 0 -,,--,-,, ,,,---t_,; ,4:,--g,t,E-„,,,,---,-_,.io,-. 4w.i yourA-------4''. '-''''''''-.1:;`''',..'4'C:-:V4ta'i'rrW,'4-..,,,z,,,z-w--1.- --f*,,,,,v.._ ,,,Ifr-v, iineed to do your job e 9,_.-s vPIV-4. 1-4.-.4,,,, ,o.,2,,,,:;,,.:4,-,-,i,,,pA Li epa r 1 rrlep fl:o!',4c.Ktk'_fr..I..,';::4,3k-,_-- e.-- -A--tt.--.---,.---4--,.. ,,,,tt:::;,.;-.',P-W.4,-,',. To what degree-•6--Ybu'experience e m P oye_e,s;.,15x:t r --,, Do xou have the„.9.ytti.•(1.21b1:71.71,.<";(56cze.:1-y,,9:::?::::-:1---;, - . -- lo'ml,„th- ' 00Se of the depart think;think:you shot.iloLbe,mQkincina*A:44Se‘t,-:e4:tiaia.--, .s... being clear a_.,o4, euf!,- -,--,- ---: --,-------4,...---",,,'-z 2-..---i--,. -----P.-it*-40r,, •,'WteliP:li 7-':, '-',,,''.'..4::',,,,,,,,,,'A'i.T.i.''.i7F.,,c,,,,,,,,t4i1froit$WV,„AV:!:-.1..: 45.:#41.4'.4 4.n i.;.--0.-,,,,,,,,f.1*,;:t,s1W''-;,::V.-.4""-.":34-41.447,-....-,,,,, AV,-*0.-** ,riti.-.,--5-:--,,,,-,!;;:,,.,,-;,'- --"f. tf,,,i ,%.,,,,,-,-...-•,:-ii.-4,64,,,,,,7,--.4w4--_,24,-- 3,1„,m..„,,,,, 40.--: ,.7- Men'fi!--- to,,,, t,UITU „.„ , „ ,,,4-_--, --.0, 4,...„...-7-,,,,,,,t,;:-....,i,-,_..„-,,,,,,,_-, To'who degree do yott§ee the aePPriMp ':-..,4.,:---,..;-',-0.---;- ,,,„„;:r7f How would yodescribeworking herein Pne-., ` ,. . leadership focused on,this purpose'? -.:' ----',4-4,-_'',_;::-.--A'-z-.-. ...,,,,-'' -,:). 1 '''-' ': :'-'7'''-'''''''''i' 'f-,.,4t•:!•„:.:7 ..i, ord or phrase. :: ,,,,,f..„5...„... How do you experience the city siseppriment s .. ,,-, ,, To what extent do-btifeetirustedby,01ere?4,-..:,14.61 --_ - _- ,-,,,, . - . - ---- - ---- - ---- ----,ttrj„“c,„.,:*,w„,,,„t_. I'l't t ' l l e> --- j '''-'"''''-'. ' - ''' - ^ T ' -''-' 46- ' - vrp -,,,,------*„- a 1 1 o set prior t es. _.., - - . ,-:- - , _ ..- . , .._-.. - - o what extent , ett-eeue .. owele9r,-,..tk-i.:,,,„; -,',-,-,._•-,. ':::= -1*-t'-'Ll '4' '4:" T'.' ' *- --4fr '' ''' ''''' ' ' .''' f' : ' ''f4::''"''''''': ' ' '' -' ' To whatextentdog:touleei va ueolaPplgC1P,I,es, ,4-4- uwhsto,omerds ,y0,-.?:se::9::, ' ,36:...6fr;-4.6. .;:st.;0,rete?„,,,, :,,,,,,54:,,,,, ._,-. _ 2 , ,, Are ther-6,w unw,,---rn.'"'en rules iirvSy6.:81...#15:5rt, -,Thi:rii---e-; To\Zrh-4at doedre--e'do-YoYu experience your depart- _:,...,: , city govw,r0-1:,,epp.t7.#fi7,9_9i.?..11)t?„7-P,•,,,,,,,,411.,,,ti,,-",..-,1,-5,11 , . . -----3Ne-„, erL„,..,t/tearnicity alignin• itself toward the in1„9.1:Ps --- Trends C''''-1:11S-6-Irstorners? ?''-:-'-'l;'-'-';,''-' -tscf:-4'',34-4 ':i'.------ --- What do you see as-fife most critical issues or '.2.-11-- i-..,-,-..,,—..*-,--.-- ,-,,,,,,,---:,-- . _ ',- ,- -=•-..-_----' - ; - --';',-- . t ' 1)f ->,- ,,,,,, --,----• - t:oii'td-CaiIi';'ric'es - 4- --- I-,,--„,-,;,-;--al,-,4*-----.-_;,4,--,4-k!,,,24.--..-1,-,..-i-j:-“:1-1„,,,i1-frol."Ztrv,c,:1I(!‘erw.,11..an,c,iT,... ..r.p._wc,i facing the 1-,17 ci,.ty:/, I ----'- To what degree do you expertence'llie,c1 '-:os.0 r=-el:'-f,TAr--':._7iS-ti-n-jiti--,:,''7,:„,, ., ,., _ _ -, .-77,„74...- ..,0*._.4....*-!--,,...,--,-;_ IVA--„,-,„--- .7..3,:_,,,kf titico that makes results matter'? HoW-do you think-- out depa crieni,_$,MPw9u PY,-__: -- --x-404#4- ---4',.----4---A, -',--- -1,---- -l'' ' --rf'Ve4'.':'''-',,,--,-1'::',2,,,,4.-. . • - , ,-',V;f*,4::,..;,;,--1,-4-1i,-:-,,,,,,-7-itii-,;,:--te,_,-,r.,:- ,O.;'n',•.ti.3"-,,r7.5.:;::::: ea.:44 Does yor tearni:99Partrnent have g99§ P,'-2-_ -;-_- _:/5---- I, ,ie city council !0--.7-r.;16:8e i s ra-s a:7,41.,.:;4_-{':1-...?`-,;:;:: ',.. ,,,Ob.orzr_-'!"fi5Z-::':7t-'---:!,:',.::::%,-- ;.:--C:f.:1Z-,,,,,;;;', !-Cw-eve:ey'e'ri' -4::-.; cici::-::'-ei:A1,-,-.-i-es'e-'-7628-81's7p-erio"'r-th:'-a-:'4-;.4+2,',,1/2-7,:,,,-f--:,,:vol-:ntrask6ctufe and..F r..tc!ticp,f!le,r,F4r_,'.=-,,- -?-s-r4;5,;':1-,;„-:'7,1'_--F'-,hfi.3:t:?---:: _-,,,,:-.,--_,.:-._-_,,, :-_-_:-:-:-.--,,,,-,--7...:_,,,,,,,,-;,:-_-744,..,,,5,,,,,,,,;,.. -- -;,:.,_7-7-:_tIf„-_. -2,-_-.,,,-,- Are there particutar-Ms_cpc-e.z..cons-rgintS or op easures`e;,, , , ,.., How often'a--:t9j-,I'e2's:e:029f§t.Ti'Te-C;;C.i'i'ea:?:;j:f-,--,:'..3-3.:4-;--'.4;tliii;i-il::1-'t-,'--ij,t'-=-1 -iT6?rt,u4n)tiesth9k..41,.141% ts,f15013lz,";4.1Ic,70geio '''' ' • A the results communicated throughout Ihe,*-teAv-,:,,,,-;,-,,,,,,,.1,-r---,a --h,---.-7,---afr,.,,x%-rf',-,z2,4::::::f.:z-_-;:twfttifimi,ez-tem-,,,rfre., re e ea ers agency? ,:q---.' What d6Ou think the city/de 0,artments.,oud,...!0_, ;,- ,.,..,-:-- „--,-----,..-- i---L-r----4- 4.,---.:ft..,---...s-fr._. --4-,A,F4.-..14--,---;,--,. „,,,,,,,,„- . ---- ------',At,v.-,*.e--::,„~-it--4y-t,-::o4.ta ;'-',-:'''-. How-are peopleThei•_aCoounigu)e.YY)111,0,-, 11-4.---=`-1:-44-1,74-0W4i-;4*-40 improve its performance' -.4,4,--'4rotPit---A-e-Wv-',,,--. -,,) ..-7-1'fr;;::5f -6 .1c'Cates ligr;filliik ---2-ffs4.:_;4' "\re there any re-Wards far-0-dad perfo,tmapc9;9S0*,x3:,Contributed by a mi ,e,,,.,,,,,,,, :„.,,,;;:r 1,..,,,,,,,,, - - .--,- performance'?'_-zV,r--;:.,.;,:•:—. .,,,,c,,,,,a-,-4:-.,k,Z_'41--4.bublic Sector Group. --at---.44,3,-- -.4.9:-.6-tirJ-..-,-,-; ,-:-Wi; '''''.-‘,--4:•QnsequencPs forpoor , .. _ --- -. ...;' - -:_-ov:,,,;?-z---:15-fs,,-„,,,..,,g4.,, ,,__ ,-; .144-,,,_• ,,,,---..iowt.1-w-;„.:f..A;,,li;,,:_-,-,-,,n- -;,,..-,_...,,, ,-,---:_-,,,,,,_:,---_,.,;:::„.,,r,----_,-,----K-..-,--7 . .-;-,,,,-, ,-..--,_-_-,,f---- -...-: -.,-,,,,,.S--_,',i:,.i:-..,,i, "*VR-413#:<`1-4 /Y•kit*”O'--Attli:,.',',.4,:,.4,'-'.:,*.-;. :,-S.",,,,----4,%.,-,',.V...._,„,,'tg-fi; -:j l':,;v,-,1,--,-,,-7-7,, c-i.',', ---- ,'-'-' '.,.-'-',--,*`-',4,-.--'----er---c,:,:k.,- ,,,„.--,-. . _,,`---- it, ,Wre#, .,„,,LI:,-,,,-",..„„•;.',!-,,,::-,),-erA;.,,,..,,,,,,,,,,,,----,..,--,-, ,,,,,---,,- ,--, -- ---w -- . - - The Retreat as Management Tool 3 ---, mission, the "who" question may not be as straight- sometimes this is hard to achieve,but he says it is es- forward as it seems on the surface.For example,if the sential. Everyone's attendance is especially important retreat is on growth management,it may be appropri- if the group is contentious or having trouble getting ate to invite the chairs of the planning commission, along with one or two individuals. He described one zoning board, or others with particular knowledge community that took six months to convince one of its about this subject area. When the purpose of the re- members to participate in a retreat.As he admits,"The treat is solving a complex problem or mastering a mul- downside is that one member can hold the group hos- tifaceted issue,"who"participates becomes especially tage." important."Not inviting the right people can be really Other facilitators and managers suggest conduct- damaging,"warns Michael Conduff,facilitator and city ing individual interviews before the retreat. This en- manager of Bryan,Texas. ables participants to discuss their primary concerns and If a governing board is deliberating about strate- allows any underlying issues to surface. For example, gic planning or goal setting, it is appropriate to have hidden agendas sometimes come to the fore. It also the jurisdiction's management team present. Depend- permits the facilitator to establish a relationship with ing on the board,the relationships,and the agenda,staff each of the participants. may be invited as full participants or just observers. Yet another way of soliciting input from partici- The goals of the retreat will drive these decisions.Some- pants is to administer a questionnaire in advance of times not inviting staff can be interpreted as exclusion- the retreat. Depending on the size of the group, this ary or distrustful.The facilitator should help the council may be the most expedient way to query the partici- think through these issues before making a decision. pants about their ideas and get their opinions.If a ques- tionnaire is used,the facilitator usually tabulates results Solicit In put from Participants and presents them as the jumping off point at the be- P P ginning of the retreat. The sidebar on page 2 prepared Kurt Jenne, assistant director of the Institute of Gov- by Camille Cates Barnett (former chief administrative ernment,University of North Carolina at Chapel Hill, officer of the District of Columbia and former city man- and former city manager of Durham,North Carolina, ager of Austin,Texas)shows a series of interview ques- prefers involving all the participants in the planning tions that have been used as a planning tool with stage for a retreat. "I always try to meet in a group for department staff. Prior to the retreat, each of the par- planning purposes.I think it is essential that everybody ticipants was asked to think about and answer the ques- who is going to participate in the retreat help plan it." tions. This kind of attention to the topic and He feels strongly about getting buy-in before the meet- self-examination before the retreat will enhance the ing from all participants so that everyone understands discussions and make the time off-site more valuable. the goals of the retreat. "If you have someone who's left out of the planning stage,"he explains,"that could Identify Materials To Be Read in Advance scuttle the whole thing. They may have a legitimate gripe if they haven't been asked about their needs." Retreats can be enriched when participants prepare by Similarly, Jenne has a rule that everyone on the thinking about issues or reading books or articles in council or board must attend the retreat.He admits that advance of the meeting. For example,some managers ask all the members of their team to read the same book and come prepared to discuss its application to their _��a,. � .� y - , : 4 �� own situation or management system (see sidebar). s _z ,, 3�-' k .� r 3 '-.fi7-;- �F�R � h>r nth ^'x y.r...s' ?"'f't ,�`-S .'`,�„'"^' y's�' : .moi ti+-v` c'fi ��?6A.. 3' t''!` �t'.cr ' .r.} �s , ,t;. � �� * .. A t t7 � Some facilitators also ask councils to provide back- ' Tr-eldifid �� : s -4- �'�Y"�v ��.,-";�;���� �� }cam' � ''Retrea _ Inst, -- x,. ,,,n --, ground information or to prepare for discussion by .� . -----W-‘1,-- ,N i� -�.tr�,�, ,-,�, L„,, reading materials they have chosen on a particular Motivational books that discuss business in terms o ,�;; �� �� ���.�£-.�� � subject. z.s x� parables have`been popular among retreat p1a If you want participants to read materials before Hers._ Who M_owed My Cheese?by Spencer Johnsot the retreatyou shouldgive them adequate notice or and Fish.A Remarkable Way to Boost lorale'a►nrd ' q • rt N provide copies for everyone involved well in advance Improve Results by Stephe 'Lundin efal.are twf : .�}_ ,.��. ���:.a��,� y of the meeting. examples. Management titles recommended b-{-g�� t -4,, -r4 • � Some take the preparatory work a manages in recent years j}dude Zapp. The Lig, jurisdictionsp p y ning of Empowerment;Now to Improve Quail step farther by asking participants to prepare and sub- • En-060a i ” mit written responses to questions in advance. Such Produ�,�iW�ty,`and Emp ogee Satisfaction by Wille �� p C. Byhprn,{` Seven Habits of I-Iighly Effective e homework may vary significantly depending on the by`SteveR.Covey, The One Minute Managerbpurpose of the retreat. For example, council members Ken Blanchard, The Fifth Discipline: The Art and An moi' maybe asked to prioritize issues to be discussed at the Practice of the Learning Organization anization by Refer �` � _ Learning 9 w retreat or respond to open-ended questions concern- Senge and almost any of Peter Drucker's books ing the city's vision and mission.One community dis- Articles by John Carver on governance are par- tributed the current vision and mission statement to i ocularly relevant for govern ng boards, each council member in advance and asked them to s �. �; ---''-''''V''7'.,"-- ,tea,,. , # p�r rri ,Y � '�s+.� s"''+'yam ���, :'*-P'e� ,.y, �p� r�� yz �,,.°��',+z �,�,Sgt�s, 'rte �7 P r`A * y edit it by color-coding the phrases according to whether -.>: c,.,;s.:�1 r;r^kra� cx vd.�`.? s"��r..'-',4:-°,4.-47*-. �-ri".,r ,rv^ �F^�' .. �"` �.y� - .. 4 Inquiry Service Report they should be deleted, kept, or revised. As a starting important is that he or she can ask the hard questions point for discussion during the retreat, the facilitator with impunity and help the group work through them. displayed the original vision and mission statement as As a neutral party, the facilitator can remain objective well as the edited versions.This type of advance prepa- and stay focused on defining the issue, the differing ration enables the group to launch into a healthy dis- points of view,and the possible solutions.If a member cussion more quickly than if it begins the meeting of the group is acting as facilitator,he or she may have "cold." difficulty remaining neutral when important or emotionally charged issues are being discussed. Develo a Budget for the Retreat The second advantage of an impartial outside fa- p g cilitator is the ability to pay attention to group dynam- When budgeting for a retreat, consider the following ics.A good facilitator allows the group enough time to elements: deliberate on each agenda item yet has the skill to move • Meetin room rental the discussion along so that the retreat accomplishes g its purpose. Besides assisting with the timing and the • Overnight hotel rooms (if an out-of-town site is pace of the meeting,the facilitator pays close attention chosen) • Refreshments (meals,snacks,and beverages) • Facilitator fees and expenses,if applicable }' r�s ,r z �ti' .:: 4 F - facilitator interview uicpe, ,� ,3, , � - � 9 7 ,`� • Miscellaneous materials and equipment , -- '7 s _ b i. . �; 1 equipment 1 z,s ern. �S'�� 't �.i, �x��"°ti' 74_1., � � ��"3�`� �� S'�x.. S .��5'�,=�`�,a..a. �, �a,A xs ,-, 'td. 7 4 f e, ,,, .4`7:Yv'.,,,.�� .-,,,,-•,-;,-,@,,,,,,,,,;r_N.,- >, Y, t -i c At y_'.r.'-c' x It is possible to plan a low-budget retreat,if that is _ after introducing yourself,set the stage for the the objective. For example, creative retreat planners -facilitator you are interviewing byselling him or her have found innovative retreat locations that cost very something about your jurisdiction, the group(size little (like a local community center). The appearance and composition)that you are anticipating having of spending too much is sometimes as important as at the retreat, and the objectives that you hope to P g p accomplish.Then choose from the following ques actual expense,so consider what will be politicallyac- t=t P tions to help determine whether fhe_facilitatoris ceptable in your situation when choosing among al- right for yoursgroup, .�------- ':'� r- .t f -- �` ternative solutions. } rg 'z - ` - d� a a; '"'� x rfl Even on a verylow budget, it is important not to 1:11':''':41:3;:thPreeaty'sepdeseos-cf ribeyourfaclitationstyle, including :h ical need houldexercises you liketousetoengagskimpon food and refreshments.P ys s s ' �_ - x T _ K - . T t-`.t���E��g r O u p r.� ��'��� �w�c'`�Fr����.,----,,;,-,:',-;-,-i:- Tpp� � �3 ?4 Y{ ��" -� C: w _+ Y'�- s « s.-3>''' <`bbd .: n- � >. be anticipated and cared for so that participants feel x �° � n ��-����:M y �- k� j:',-77''''''''''.----- �� r��-�` ` Please describe a successful retreat that you ,-'r. be good and can focus on their work. "Breaking bread" '` � 1; s ����-� F�,��t. .� 3 r� :�- g facilitated and what made it successful. F" together as a group is a valuable component to a re- Please describe the'most difficult retreat tfaT treat because it allows participants to relate to each ,` p p you facilitated and.what made it difficult.`#, k, . � other on a different level than in the working group. ,• What type of preparation would you dyo for the Adequate time for meals as well as breaks for refresh- tl'-'0tie of retreatx I.ve scribed to ou? - qtYl? �� N� ments should be allocated to encourage participants y • Please tel me aout a situation were y ou: g P p � -� to get to know each other. :it,4 - ere the facilitator nd there was confli3ctt --'0'4''''‘.* 'Bih''e1'r' �l.�rG'°.'"i'`F."'' ( ".' r.[re.; r���an rou morn��ers.How did o deaf�viti�� Try to anticipate all of the equipment and materi- : ;, g g p .d. h als that will be needed routine materials (such as s '�t?What was the outcome at the en• 91,fhx retreat?Did the grou eel the T4 �� mee n® as���� ��-- pens paper markers flip charts and masking tape)as .r�`� x� , = p � f� *:� successful? t< a� y y- well as more unusual items (such as Power Point pro- '.� u. - � `i.` As` ' ��� Hive youwork�d wi 'public sector groups�, ,= �. jectors or video players).If anyoutdoor adventures are C -` R 7- : 7 : P Y )• ' . = before?Witt whom?When?Why? -- lanned,other equipment might be required. '-'4,'-'7'• Have you eves facilitated a retreat where the ; P ice press and/o ythe u lie were present?Are_you �.y V; 'comfortablesdoing tha. Would you do ,,- �1 DESIGNATE A FACILITATOR Y an �thin �diffferentl if the attend?If so what � �,� Y g=- Y Y What:end products}would we expect if you b; . Were to facilitate this retreat? - s, . Can a retreat be successful without a facilitator? No. f • Are there any timing issues that we(should Can a retreat be successful without an outside facilita- tor? e Yes,it is possible. Is there an advantage to having , Consider? aigo .. ,_.t ;mac-z P .g ,,,,:,-,L, •• Are there anyre uire ..enfs for-retreat`facilitiesx0F a neutral art trained and skilled in facilitation tech- g. -, -r, w Y�. party, • that we should consi,der if you were,,, y�� {yam+ piques, guiding a retreat? Definitely! Somebody, �� •� �`� �� �`��� ;��� r c40- facilitate?What type of room arrangements do "' whether a member of the group or an outside third • you prefer? = x -M`A' - - - party, must be responsible for filling this critical role. • How long hav oc `een facilitating groups? ¢u Without a person explicitly designated as facilitator, " ;What is your formal training'?,.#,i y: -; group dynamics are likely to jeopardize the objectives WO. Whatis your fee`to facilitatethis type o ,,, �. of the retreat. etreat? Does it cove ex• rases or:are they , There are clear advantages to having an outside d -y 4=- u -� �, �-r . , - facilitator at the helm duringa retreat.Perhaps the most = ; �- ; a. „.�``� -,...'...-:70,:5,-,,,,,,-,-, ,,, * =- ,,' -� • The Retreat as Management Tool 5 to the pulse of the group.For example,if a member of and other physical needs of the participants. the group is being counterproductive, it is the Many facilitators prefer to work from a draft -" facilitator's job to help the group work together.Like- agenda with specific time periods blocked and wise,if a member of the group isn't participating fully, identified.This enables the facilitator to track whether a good facilitator draws the person out to make sure the group is on target at any given time. It is usually that all opinions and suggestions are on the table. The not necessary to share all the details included in the facilitator can also make sure that hidden agendas don't draft agenda with participants.The sidebar on this page hijack the discussion or subvert the work of the retreat. provides an example of an agenda used during a plan- Helping lead the group to a successful conclusion fling workshop retreat for The Woodlands Community requires particular skills and experience. In a conflict Association in The Woodlands,Texas (Steven Burkett, situation an outside facilitator trained in conflict reso- president and CEO).The retreat was facilitated by Julia lution is essential. D.Novak(city manager of Rye,New York). An agTr:7r,n,Te;ta: a also reinforces the outcome and the steps that anticipated to get there.As this example Choosing a Facilitator shows, the retreat's oals and norms are articulated. g :, Many management and organizational development consultants specialize in group facilitation and manFS ., _ F = r^.'w'�'�.a ,� .;a ✓ 2 r. 3 'x >..r`�s rr n-� t -�asG �^university professors also do this type ofwork. Some Rereatenda� � °� -.� : �.7 ;"` ''`r• "ham�.��e� � ,�_-�'���` s� � z ri����,r�r� "�-� t5�� � -K. ��� �'xcity and county managers are skilled facilitators; hir- yz{ r 'r 4y Woodlands Communit Association Plannin ii-l.„---: ing a colleague from another jurisdiction may be a good Y Y A Jx . option.A member of the local clergyma be skilled in Workshop Retreat, May l3,200D i-#. � � Y� p _n a�«{r r rc.= :ice � y,d �.1�;P'` o o+r 3� � ��a. facilitation techniques.It is important to make sure that Facilitator Julia D.Nov � �� } -it-z the person chosen to facilitate is politically neutral and lntroduc,ions , r ��� : `• �1llelcome artici-ants and make introduc ions not a stakeholder in the group holding the retreat.For p p fx lain norms_and ex®ectatiOns for�the're te• that reason,in some situations an out-of-town facilita- tor • v r-p nor y _ �.i " ,N,: t �A 5 ids -,F#``-se�� �'� ' . ,, y - "'f o"y r3"�f�,s3i$'f�'�s � �z. .s..�..m�". ...�- T r!" -.*--,!--i---....-- `s., w a,o C'`"3S`:�s$.rs'-' w .''`.S"'. .v2' '. -- tor is advantageous. Role of the boar .. � � a X Ew g . .:> x-D +�N s 9 .,,� s-. z5tktn 4, -c;' ,,,,,_' r..�;. '�,-;Pi'K `1,3 3 r Re ardless of how you choose the facilitator,treat `�`` � x� �� �; ' ,,--,- Regardless .pa+.� '� ,a--•��?�-5 �:.s'�w i ,,�' � �.fir,aF �g" ..}:- raF,.^•i.:S _'. F' '� Review concepts fro n Carver Governance the selection as seriously as you would treat hiring a yz , _1 -,,-.._,..,,;*,--04,-,-,--,". �� 3 4 a'moi -d.'a ,. '"' tyF`� x> -�'' �, •C '<"#f t`rO® Q, 3.... .'r''r.�F?ate' '� , : Y r *, member ofyour staff.Get references and talk to others Articulate the role of theoc�r® r v � t t. ,( "sik' ��`� :. FY`�, f"? �§ h V ?'� .-,--'-.0 Z,., ri Y..:.^4 f C who have worked with the facilitator. Does he or she .0_ -t-. - �a ti ry z ���� Board`siaff expectation � , ��4-.::,,,,, ,, k z a seem to have a good grasp of your unique situation? _� _ rd to --� t' ''''' F 'z 1 .;x �:t that the facilitator likes `�• D:scuss t °s cion` cal contras 'an �• � y.. Ask questions about processes : nic''''' �, �� �6-.� t: '�'S' ,� -c• � ,• �' 'sawrto use and make sure you are comfortablewiththean- %, ajimplications for boa aff relatio yy`^. 0� r'�K: F+�l.,Esq.2' 1-,.,� facilitators mayuse exercises s 'i--- F e R- r. �r; Art�cula�mutuae ®ectatior��� �� - r savers.For example,some c 4 .ter ms ,,,,,,v , that could be rejected by your group as too touchy- - Issues and prior - � rt `� y a„ -, cam n,r tf`'$.Y r`."'..y`- -✓`°S fr.-r k ",r art< " ;g-k. ." '." ,'�!,,:,'._� x ,_ ,s: feely." Choose a facilitator who is comfortable with ;` ==Y � �, ._ y' }w � • Whafi are the key slues facing the Woodltrh® , = yourgroup's st le.Other questions to consider are in- `� Y q � - Com4.munity Associati .,,:e..,..-A1-4-4-4,:4-7 Y eluded in the sidebar on page 4.Since success depends r�r_: Ifo u on durin:w -���,�_Wha does the board need�o c s � -: er nal skills, after doingabasic referenc ,7„,,,, e=` on lnterp so �� the next twelve months:n order to achieve thp��.-: check,go with your gut reaction.Then allow the facili- tator visions � y„T Y tator to use his or her skills to develop a working_ • Twelve months from now,howjwill we know ify_ : agenda for your retreat. -��-��� we have succeeders rnakin progress o 4r M During the selection process,be sure to ask about priority issues -''':::.''''',71-, =5` a � �r fees. Some facilitators charge bythe hour, but most t� �~ Yw^ g rd norrnsand interac o � :, charge a fixed fee for the entire retreat,inclu ding prepa- ,y "� ' ` ' ration,on-site time during the retreat,and preparation • Discuss the purpose of articulating norms. 4 �. Agree on critical norms for the group. �,;� of a final report/action plan(if this has been agreed to , _ Ri in advance). Also be sure to discuss expenses in ad- Evaluate performance on norms. vance.If you a ree to pay expenses,be clear about what Next steps/closing { expenses are reimbursable.For out-of-town facilitators, • Get to know each other better(team btailctin, . ' expect to paymilea e or airfare as well as lod m and •. ' p g g' gGet a sense of broader community issu- , ° ,K tii:t1„,,,,; Clari and articulate board •rorites fy ,meals.A local facilitator may not require expenses. fy � coming year rW Y r3 • Develop norms and expectations for boardr��`�" 4,' AN AGENDA interactions, .' , -. :, ? u DEVELOP • Discuss and clarify the',eoC rd s:decision-making a detailed agenda forces the lanners to process. : ;'. =- - = Developing g p • Articulate the role of.the board in achievi think about everyhour of the retreat and ensures that the mission and vision of Woocarads `� time is used wisely.An agenda helps planners and par- community Association. 4 < ticipants to anticipate breaks, time for refreshments, tiz � a�Y=y. � a The Retreat as Management Tool 7 can remind participants of agreed-upon behaviors A skilled facilitator brings a "bag of tricks"to use when emotions heat up or discussions get contentious. as applicable. For example, such techniques as nomi- Ideally, the facilitator gets buy-in from the group be- nal group process, force field analysis, cause-and- forehand,and during the event keeps the ground rules effect diagrams(also known as fishbone diagrams)can posted in full view. be used very effectively,depending on the desired out- With groups that already have a proven track come of the group and the issue or problem being dis- record of working well together, ground rules may cussed. An experienced facilitator knows when to seem superfluous. However,for groups that have not encourage consensus and when to allow participants worked together before, or have a contentious work- to express themselves through a vote. This expertise ing relationship, ground rules are essential. There is helps ensure active participation and a good flow of value in beginning with agreement.With some groups, ideas. this may be the one area that everyone agrees on The facilitator usually builds in appropriate ice throughout the day! breakers or warm-up techniques to get the group talk- Some facilitators prefer to articulate norms for ing at the beginning of the retreat. Warm-ups range group interaction during the retreat instead of estab- from activities that help people to get to know each lishing ground rules beforehand.Sidebars on this page other on a personal level (like paired introductions or and on pages 8 and 9 show two sets of norms identified talking about personal experiences) to more work- by the community association board in The Woodlands, oriented activities (like writing a short list of issues or Texas the first are those that the participants agreed prioritizing issues that were identified previously by to use during the planning retreat.As part of their work the group). It is up to the facilitator to suggest these at the retreat,the board then considered a longer set of activities and get the group started successfully. norms and agreed to adopt a subset of them to govern Another important role for the facilitator is to keep their own interactions during subsequent meetings.As the group balanced and positive. Humor is useful in the sidebar shows, the board then went a step farther this regard.The facilitator does not need to be a stand- and rated its current performance compared with the up comic,but he or she must be prepared to ease ten- norms it had just adopted.It is easy to see the value of sion or bring the group together if the discussion gets this type of exercise by a board that wants to improve too heavy or acrimonious.Laughter is often the quick- its interactions and communication. est means to this end. Some facilitators use physical activities as tension breakers. They may ask everyone to line up and rub the back of the person in front of ENCOURAGE ACTIVE PARTICIPATION them or divide participants into different quadrants of THROUGHOUT THE RETREAT the room to express opinions. Physical exercises, like jumping jacks or big arm circles, can bring relief in a The well-prepared facilitator begins the retreat with a tense setting. good understanding of each of the participant's needs Exercises that encourage creativity and fun can as well as each person's issues and concerns.A skilled bring levity to a heavy issue-oriented agenda. An ac- facilitator executes the agenda and keeps the meeting tivity that stretches the imagination, like challenging flowing.He or she makes sure that all participants take small groups to find as many innovative uses as pos- an active role in discussions and that their opinions get sible for a paper clip or toothpick (or any common heard. It is also the responsibility of the facilitator to item),can add humor to a meeting.Time must be con- help the group stick to the agenda and accomplish what sidered,however,and there is a fine line between group it set out to do. "work" and frivolity. Again, a good facilitator knows when to inject ten minutes of a creative exercise into a packed agenda. ,.ck.. ,. .� x r rt . �,.�,.r-Tr .�,�� v-v.aty,�,-- "s Re reat no rms for particrpan ,�,f�� -� - � BE SPECIFIC ABOUT FOLLOW-UP Lts. ? Listen with respect p u WP-; :-71 -4`,no interrupt • z� z� � � _ • P x In order to ensure that the energy generated by the re- . e talking ove x �y _ �: �. �3 treat does not dissipate and that the decisions that were WZ4kig-‘,• gree agree®kryvpx F _ • reached are implemented someone must document the �?%a s� -_f'�65. a '�at� f Fe` ��a,V / T � js results of the retreat and establish a timeline for action. -4'4` Be sure to designate before the retreat the person who i?'�7 a em.-rx . _ t'.yam-„z�r �`-�. ^�� ��� �- _�cA,, . ��� ���a � � will be responsible for this task.If you are counting on � �itzitiltkotir �. y - � S -x�x the facilitator to produce a final report that summarizes o a 1494 GOOD _10.kt • the retreat make sure that you've been explicit about -L •�"'`..,,z k ,� f r^ +f'.•,, 4_... -} +F Ys`. ,4r � � � .,fix w•• `�' -.gip ti No si•e oar conversatto ��` 3 f • that in advance. y .S Many facilitators build the reporting eporting process into From� oIandCouni s.sociefion, oocgs:Te �a the structure of the retreat by publicly recording portant decisions as they are made. Lists and notes 8 Inquiry Service Report made on a flip chart or large sheets of paper and posted The wrap-up also gives the retreat leader an op- around the room are helpful later for creating a report portunity to set the date(or dates)for follow-up meet- of the retreat's results. If appropriate to the purpose ings if they are required.If everyone at the retreat agrees and nature of the retreat,participants can be given op- on common goals and objectives,there will be momen- p ortunities to annotate these public "minutes" during tum afterward to take specific actions(for example,at- breaks,so that the record is further enhanced. tend future meetings or organize committees to follow Ideally,the last item on the agenda will be a wrap- up on work done at the retreat). Individuals or corn- u that includes next steps and an implementation ac- mittees might agree to report back to the group within p • tion lan.To the list of next steps, the implementation a certain time •on the results of the investigation they p action plan attaches names of responsible persons, have promised to undertake. The enthusiasm gener- s specific actions to be taken, and milestones (specific ated by the retreat can contribute to participants'will- ingness dates). Although some facilitators include an imple- mentation ingness to volunteer for these assignments. mentation plan as part of their assignment (working with the participants during the retreat to create the plan, or perhaps with the management team after the TYPES OF RETREATS retreat), others may not. Be sure to discuss this with Council Retreats the facilitator in advance. creates the follow-uplan,it is Many managers hold annual planning retreats with Regardless of who p their councils. Goal setting and strategic planning are critical to the success of the retreat.When the retreat is two of the most common reasons for these retreats,but over and participants go back to their real jobs, the other topics could be addressed as well. Whenever a implementation plan ensures that the ideas expressed p put into action.The table on page group could benefit from focusing on as particular is- during the retreat getp g plan for two initiatives that were sue or set of issues,a retreat could be useful. 10 shows an action retreat in a Midwest city.It identifies In addition to focusing on issues, some councils discussed during a y ifi actions to be taken assigns res onsibilit conduct retreats to enhance communication among the specific g p Y themselves and with staff. 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J't=vyc•- s+ ale.r.. , .-•.T, •••,. _ ;. _gin>, i ..,;. � �- v''•5[' „.✓ @..rr Even ween"a retreat agenda is packed with work-related items and little or no recreational time has been al sated,managers need to be sensitive to perceptions by the public about how the jurisdiction spends its more}�� The following list is based on advice:from managers about how to avoid unnecessary problems m Fr • Be aware of the retreat location and setting.A posh resort may draw criticism,so be sensitive to appearances If you decide to leave town,think about the perception and expense involved with travel.-„, • Be awa a,of� ublic o en meet in laws.You maytreed to announce the retreat ,_. r,.. .,, t � :adv ce $♦�w.,e.>z•... �- .:�...: � ..r r..,,• , .., �, �..:-:�..";.>-'�"y�."'^S`K_. _�"��fc�,. ��•:r u �{•�`v��`."cr ^-•r��•.�'v`�g'y�" V°��r. ,far .s.'":. t,� :,.>s,> ,..,.:;_r...r. ,..r:. „,e v,•• »•..°•.. ,;. .,.,ti, �'-' .'s- :,�,",y - .3a:::..,.. _r'-Y:' 'a..-' .:3.: -,. ,.. r coverage.__*-„,. rano have press Be careful of the perception that retreat participants are ;knocking off on city time Although taking citysrta on a retreat is likely to be highly roductive an pan excellent,use of time,you maywa tsto considerholdingy -- '' weekend or at least includingpart of a`weekend in your worl4, the retreat over a • Don't plan on tape recording or videotaping t f i ,p '- p t he retreat.Tape recorders inhibit discussion an® ma participants from speaking freely.Since it is important to record decisions, have the facilitator be responsible for this task or asFsomeone else in the group to take charge of recording decisions. • Avoid expecting too much in too short of a time.Timing is key,_and it is important to allow adequate time forWV, discussion and reflection. Be sensitive to how much work is, expected in the time you allocated.r R �` � Be sure to plan adequate time for implementation and follow-up.Without implementation and a structures :,r f ollow u ,there:will be no clear relationship between the value. of the retreat(and the work accomplished �•iY.�-��y� .`a" -.• ��._. . ♦ ,'a.r� r h� �'.,"3:��"r-�:,'�,rFS�',� ,ate��„�"'"'� �9r�:.y,��'_k. '►,�i r those decisions: ,- � _ t and progress toward he:retrea _ _, . � ..�, . ...:.. .:... .,�✓- _ ;.,�-v. _,.- �_ -`�'. ....: -.,.,.,r7...ti .._..�..._. _. .- _. ._,�. .._ _ .�........e-x-.� - _.fir•r-- .. _. � -.,..< Y ':S�s _ ....r�=r<.. .......Y.....��.. ,�t 'tea-� .�-.. ...... AfJ'• ,moi _'.L �'4 ������ ..,.. ��j�r ._. .._ -..1!. . .. •..:_.. :'moi .....;uc.. -. ��' .�.z'.,..o>-... ..� -. .,..�.a• .-,.'_ ...''�"'. - .. .. _ '=\ Sample council retreat action plan January 7-8, 2000 t Action steps for telecommunications initiative Responsible person Due date Status* 1. Review other jurisdictions' Roberto Jones February 15 cellular tower ordinances 2. Develop a cellular towers • Roberto Jones March 1 ordinance 3. Develop a glossary of Jane Smith February 15 telecommunications terms 4. Review other jurisdictions' • Jane Smith March 15 telecommunications policies 5. Develop a telecommunications Jane Smith April 1 policy for the city *The "Status" column is used to mark progress as the action plan is reviewed periodically. Action steps for Web site initiative Responsible person Due date Status* 1. Research requirements to allow Jim Donovan February 15 e-commerce transactions 2. Develop prototype screens for Jim Donovan May 1 paying traffic citations in line 3. Develop capacity to allow all Wendy Root April 1 vendors to access city's purchasing site online *The "Status"column is used to mark progress as the action plan is reviewed periodically. . The Retreat as Management Tool 13 ,n... ._ _. ,_ .... .. .-...as.. ., v..-a -,. _:.. s. G � -.-. a ,_.� .F,; ., :..pr lkr,^.' a- ^, 41v'.`i .:. . "'� _ ,ww ipt 5:- :�-.- f... .-� .:� .F' a..:w - _- .Y.' .`.. .....C._ !'N,: 3'k•t^'�^:a:. .lsyv - .if .r a�W`_.. ..__i' e: 'r.�- .. ar.. ' v,�: .7. .-.F..._ .. _.S� -... n� e� �cF-'�?=;:. .W'a�x::'t^ f Kra`. ,- `x Kms. -. ,__ ,. .: -`_, f z N t _ .�- .N �✓., :�.. '!� -rb. `L� <.[a .i-,. C .!• F�y....,ai fat.. , � ..,k ,: .... a.- r i ..,.:', .^. ;. .i•m« v _. .,.. .....�R4� :'rte.. �.1.... '�.+._ `.f � ..7t�- -'..cAt"t.. F.. y4t _ 'k���...-.-. � .._ ., ., � ' '�_ _...:^�' .'-r:'.r ...�.-:� ....". :, .r' '1?fi 'yu:-. :3t 'h- k' .._...... -:,,>s.. a r-.. r.. ,a. ..... Jr ..- -;..✓. .. �.�. -: � ,l'.-I'>- � yr t �_... .-K, r a., .» .+'S.r - :..,aa.:..� .. .-'.,---,--,,q--:.-±,,,,..--, r4 'yh�� _..�i�`..c.,...a..: .. -�_..... :.3 -y`ti- w"- � '-N.�">.?-� +� �-,`•t$.'• : :. �''.1v w. - - :. _,.:.,,,..?,,,,,,;--.4t.,,,, .. - t...�,.-. .t a_.,�,„�. a+.. _ +rr'f..fi"` '..-- ,„_ alit- - "�'-- .k`•!.. ..,>�'`"'' �.,2:: �..-> rit'. _.��'><-���� �'�'.`: s;�_ . .v. a_,t...,;-----1::,.7-,-,T. ..-1,24– r 1_ -..�,.. '' -. -;._ _. ^V.-' e. . .-..>.,., ....�sy. 's' �a�}'�yP,- :3, '.':--,,-,.-.4-,..%.,4,- -- ,. " :K. +-FJ: c' t >.. .tea r!_�r. . -^7Y-.,.,2 f �^.4•' ..3: ..c!., Y�'rS' _.. V_ :7 =�'r :-:74-4, _ �xw'�t cc i'^ . .,.. . ...-.._ -.. ..-v.:� .�.:- ..�<•s✓...tv....'f. , �v'.;�• :�. U" mom. - . ... .,.:. .: .' t 4f. : ..-._2?"c..,J,. r{C.,: a.. : ... - .G. ,�.-x•¢`lrv.,�. �' :ir<. -Y" :. $$-- - f _;K`S�`�.- .•.. ....:.• ....... rR.......... _:. .....�.. .is..-. -.:s,,�_..."�trtv'....5;1"sJA^..., .�:�"r� -- ti+, n x�.:+•v m ' . �..>,� ...i-.�r�� � „x.,rys...:.,- .s.-f.:.�.F, r:.,,.-,11..-4,---',±-,;.� _:: � -:�Yc r-1 v- '7 :. :'� a,'..r +' _>.,�.-r..:� .,s• .:�,.aa.'S,3�- G,-. x'n:" '� .+�'''*'•� ��. s:',;, - � s - -=5' Co oil School Board Budge':-:�?rocess �r,'_. � __ : .. _ ..� �� ,y.�...wy! Kir-.. .: .. ..., ..., _ .-...�.., .C<.T.. .. .. ,-V.,'..... ..:.1... -----15',.. -.7,-,. r...-..p to -if':. _' n.3t '..1.",..., The developmen -and implementation of the"vbudget process create the greates icnsion and potential form s 3 z derstandin . During past retreats'zthe council and the school board have agreed on the following princi®le ~ µ h* ::- .-.�+ an wsr- a:- `c r'.,a5 ''�fF:-y 5-.;r;�±-7- zry J: .' , ardin their common budgeting relationship: - g � u :_� • The_ schools will submit ealry budget requests to cover a programs funded an the previousear.�s ®`udg}- 4 - All e uests for-- ew programs for the budget -ear 4,099;submitted as a su lenentaa-_re•Y..,.9,-,__,&-1-;:4,,, A bud et.r. ..., ��. �. ..;� ..._, '44e-'1' ,..::-:_ ... �;. _._.�.rare ,:,-, ,: -�T,- .ur. ✓ : - -Bud et ro projections fo he ear will not include an a: ad us men „.,, _-, . - e t r !,_,. f. .;rte_.,-_ ',�:• r =' t a f. ,- g =yam •.The school boar,,will advise the council when it is implementing' edera an* state mann : : . ':t� .. <g.w•�'f '`� ... `> , • • ...:.t�• *•.�+-a "-.'-... ' ��,-•rod ,ji7,-,:ts._:-15,-,,, ,."-t~ Theschool boar" w�rsll�alert the council at the earliest ossible<time when variationsar ;,e e u.ge r:_-gg��' ,r,:r: :c^r' •: ' ��w•:._ ^.,t.'":J`.. +rS. :.t•c,.a• X«L.�� t..+�-w.• ,;d:'' :� ;c.�. ..,... • � �5..,':.,: -•�: , -. ,:B"',o- ,.ae-'>2Yarss,'.wr �*-�..r• – :; r v.411-see th t su l ental a ro ria a��ns are orithe council s a e =: �x= v. ;$ The school boa da pp em pp p #.a g _ .- .� ; �. , t�','�S � Y: ,-w _-.Y_,�". 1��e,.. , �Y:xf.� ._ , .. .. f iG.. C'. �� • ! r"'w'>'S. Y_.� _"_C. ,:S-;'. '-a,.i:• T s t .-..ard w :,�-form the council re g ardiri ft r natters that are likely to im.a+ ®ud et a eta °�%= - --:� - Vie,';- ,,; y� :" tf. , -� , :0 m'f'r �'�' �yr-+. '���y�g+ ll ` ' The scoo boardshou seek contingency funding in i nnual.budget requests G, -3 �� �� ,1.- • Council and sLti-0— bboard members will receive budget� tvor of on byApril 1 of eac� -yeci` c� 7� .y: ,. i _, ,.. ,`�v ' _tom,-:.. i�.�:� ��'�--��t ;$;; r-�- �g , s..,��= �-- Work sessions w e held to review the bud et.and mak-adjustments before the budget cor -sr all o �F tilrotion "`-� ..._ ,� �,x" r-s<+' z, �.:9::�._ > s- � a. � .x ..• :- It ... _�-<«, _.' r. r-, -moi.. ..,.+. �, �•,�a: y { •fs».<F .. .,' .:� , ,"-..--' s -: '. . ,fir .J r, ce, ,, r; Lz ,s,..:^ Qy,,,�, ;s` -s-. _ -rx. ,.' ::9"'3..'? .t -:vtr.' ;.,....:.ate . ... .- ..:<.. ;,....-�. ...:_:- :-=,3+:....._ ,=f.'.- _,.» _.a.,.+,.. ^?-°:t' �..t ss_ >. Orr'c=_, - _ '. 'hF r •4v.. i :. 4y'4 :-x ._ 4 Ar.? ,S[EY°.+ ,:P„,. th council for . ..,� .-,-,---....--,i--,---.� _ { ; • T _council will make allocations to the school bo � a, �� he rd by a�t�othe budget year,knowing abo :��:g� �.� ��zy-a �-.�;.m we .0 v �. ee .t' 3. �-� - :,} .r:�i.,ne,C',::. • -. _'`. ,.....,,. �:Y„4 eZF'a 3'v s.� �..i= .:r+ ->'v^l "f% <�,+:J`n' --7-,:--....,-7,1,., will allow the schools to planfor ersonnel�issue >: :1-14 - - �f -f �;_a, .�� r .��ci�onges, !! p sin. - _ .r'-- - Y : .._ ��. - -�-i-` ex:s -�-ol board should-develo , update, and submitaa ital_im p rovement budget each ea A mss • W ell programs funde, "with monies ether:than those allocated b`-` the::council are bin discon mood-y x r_� .,-..;,.t,,,--„ when programs rams areex ected to lose their fundin gbase thehsc'hoo ®oard will inform the council a the : r _.-,�,. _.,v: _,v.._ ,,_ >, . - , ( _ „>t � tea, � , � . << ,. � q:,.<. -r. �.w� -x= _- „max. , ,Yr" t os able fr: ��.-.� _.._ �.� -&-„.-,-. -_,.::::0„:k_;,;"-,--_:''.:;: t .,��- .� _ �, �,� . ------w --..-k-:- e a rl i e s s inn_ �. ,�., . .� �- � � �-_r _�. �. : _.. , . .fib.. w.:>: ,. .., .t.:.... -;'+i. �a ?: z e.: {1 .•,., i F has their i Obb:.:in effort it'_t _.,s�ta ..tt ;secure : ... :: The council.:and the school�board walla ressavel ,,�ncre e ,. 'Oint S ,h: fe re � ._ __ _ .. gg..-.�_... �; rt � ���9ems: ,�.. �- �. - ,. :...:-. .::t.'.. ._•:::.S:..: .:...-:-.::-_.. '�,._....r _ yy w # X' .e '_-'f, _':_-44__,,--„a- KS r:'- e f a • !::. ! w.;....._, . > .., r. .�_Y''.-�' .,"y- tet';'.'"Fi: V-� 2,-,46,5,--- 'F`?-moi.-; om .s7 4,_4 - f'.a_:,.,. -a, ..�.i: -5F;-h. �. ..d:•• .! F..� F.Ayrs. .�`..- �t,f_s:. - nom' � ��'. ..;:w.;: '� a+;a .:a. .4•: s V, ;.a,4 - s,- .' _.,4G'�"f 'sE:'s�. .y, �,�-3r�';.' '.a. h": _ _ 'mac_" x -�-= , - r. µ infor capital r_-:e - r . .q.. -, increased fund oma`��.:� �ms =� ����_.- �-. ,�,�� �. �: :....[..,. _ ....n.3. ..-r: .._.: �,<^ :C: - �:q._.,.,_�.... ., b.:• - ,es: ..C....-..dk k. •' <x1'1 ,.. -... .,- _.... _..-.:..r Y. .. d..+-I+�A-F•a. .-: ,-'�.... ..r:F .5:..�.y r� �. ti�.. d nd ide.ti the'cos o the:.eve op :. �.�� � The school board sl7ouid-=establ s � i~o` rarZr� r�orities,for-its�u et.a n , . .� t��t,._ ....:,.. .,.,-�,: .. aa. ,:.�.�:.-»ter. ,_ .�. �>�-'_ -;�•,...;......rr - .,t` ti"sr:�•,,, ��' ::,Ga..`-; sem. �",s....xs.:' .-� w..- .�r.,� .,...;r' �".r ..� ...: zr� w -a.. 3X+r< '¢, a:`;s r_ -� .�- v -: . •...:.". �_..:...� -:..: .. ..-. . ay t.'„t'�y� .. _.. . S> �' �w� ;fit r��' �"^-' - �t �r- ti 3--. ..D= .3.. .. + t ..,,y �'P` .y..- . ,1.,., tY .a,- R`."WS.`t, deiive of those- ervice _. .,.. .,..- 9«+:.�_,,r.3-;,..-, ,ems ,.. `..,;... ..,x.y. 410, ,� .T�:��� Vs.. .„,ia q:;�,. sa,�..,:i ✓r�- s.r ..?F•'=�. _ and_ - �. : . ,�. �._._ - _ : . -',';:,--7:,,,,,,,z,_ ..:��t fir; - l r • Compensation issues will be reviewed as-a percentage of current cos'. m , -�E M.,-"- •. Both theouncil and the school board will work at sharing budget and program:-information in preliminary ``-- exchanges of information so that surprises are eliminated during the budget development phase. ';',4-,..--- • The council and the school board will work to agree o,n strategies that will allow the IMPle_n ntationof long- , _ ,.. ,... art�• ...>.. .�:. -, ��= � �, - �.,.- .r_ x. .c ::;" LLQ., $� p- '�-�'-»''- t %'�„y r`N-...a oma „ i,-:-F:.,',,,-,:iii-,;:i-i4,.,2,,,;,,, .c5 r. -i'ik” .<v. >tnyt S .;i, r � term plans in the ci schools v - � „r'�a'r`�"`.?..,: �: ,',..---','-;'.,,,,i,:,-;._,-,7 ,-„::::,-,-'`g ,.at ::s - 4 �d��,,.,FFXaF:,.r ,a� - �,i • Formal communications among council members and•fi e�school board wilt be by wrifiten memos, with copies ,,,l':::::, distributed distributed by each group's chairperson. Informal communications among group members will be designed : o-;:, around a *ibuddV system"to encourageregular sharing of information and concern. ,' , v :.,:.,.-.,7.:.. h ,,,,.:.o. nvr,s fir.. t -' = - • - .. .-' ' ..--. ''•'. ,ors-:< _ .:�.:. S o.,'.. -.__ic•.,:/c{...M.,,,_•.'.;_ :Pre......n:-'. .a-.hG..re.._.•df.�.'r:._t•.fo.„Xr...-t.....hy, e city i...t --...c o.u..,::.n..c...il-'-...:_.,.o.:..f M .�....5a........1.r?_t."-.?+riFr:n..'......-.sv-il.:...le. an..-.!..d..,,.,..,.:.M ..._...:rart._in....sv.;.....-i..l-l-e c ity.. scho ol b oard b ..y-y.._a....,r R."'•Da vi�j d-,. Blackman an ..d ' , � > •�. , : ,. wiy<r, «. -tr...P> � � ?.:. . xz. sociato s� Greensbo o.N, . 4,�,. _� nfr' � _<� ,,>r iY_. .,. . . ✓ !. � f �_ �.a --e-..:''''''',3:-':-,-,:a--. s +�,.l.zr ..2;:.-,-4a.--i. - .♦ K✓ >.c,.-_e n. ."r _+ a t.7:_.f� -Yey,w., YY� r„X�" w - ^Ji'��= 9s 33t4 Q ,4r� ," r y3 i ,� SS � � ' • "r ., >,Y :.-;- •:,- ;;;.i.,, . � " `.ys A � - .�, ! 4 • = ,;i-,,,L03-e.1,:;-,-04,,p_ V_,f,�a ..?.,-.. . -.....-:',...4...: . .', ." rAn - a •sw,♦;... -t - .� .x. �_1, -!�z�,.`ir ,,4i-,TX.w..t�s�'m, <X s. y,,_fx74.1l' _.Y'fir r. .Tt'1Na»"K/ G- 5 v V" .-,..;:,,t70.4..', : - • CONCLUSION a stronger team.A good facilitator can even teach par- ticipants how to deal with unproductive conflict if it A retreat is an important tool in a leader's arsenal. A should arise again. well-run retreat can define the agenda for the group, Planning is key to a retreat's success. Identifying build consensus around agenda elements, develop a good facilitator who will guide the preparations and team buy-in and support for the ideas that will drive on-site work is an extremely important step, as is the the organization,and create an implementation action development of an agenda that reflects the outcomes plan.In short,it can be an excellent tool for a variety of the group wants to achieve. As these tasks are being group situations. accomplished,off-site locations can be researched.Once Since so much of the work in a jurisdiction is done all of these elements are decided on, the retreat is in by groups (whether it is the council, the commission, the"go"mode.The facilitator will then take over,work- the management team, or appointed decision-making ing with the group to develop ground rules and en- bodies), good working relations are essential for pro- couraging active involvement by all participants so that ductivity.The retreat enables a group to step back from the agenda of the retreat can be followed.As the hard, its regular business and take time to focus on issues rewarding work of the retreat comes to an end and that might never be examined or addressed otherwise. hands are shaken and good-byes are spoken, one last A retreat is especially valuable if conflict among group task remains: a follow-up action plan must be created members is hindering productivity. A facilitator can to ensure that the decisions made on the retreat are help the group work through its conflicts and emerge documented and implemented. The Retreat as Volume 33/ Number 1 Management Tool January 2001 f _4 •r 42636 MEMORANDUM TO: MAYOR AND TOWN COUNCIL MEMBERS FROM: CHUCK SWEET, TOWN MANAGER DATE: August 20th 2003 SUB]: The Retreat as Management Tool — ICMA Attached is a copy of the ICMA InQuiry Service Report -"The Retreat As Management Tool" that you may enjoy reading in preparation for the August 23rd 2003 Town Council/Manager/Town Clerk Retreat to be held at the Kelly Ranch House. Thank you. aiaL,AF Chuck Sweet, Town Manager C: Town Clerk Attachments (1)