Saturday, November 19, 2011

The Skinny On The 7-I "The 60 Day Hold"

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Wednesday evening, the Oro Valley Town Council agreed to defer discussion of the General Plan Amendment for parcel 7-I for 60 days. This delay is based on a request from the Developer.

We are not privvy to the Developer's strategy but here is our guess:  Their strategy for getting the approval of Town Council is to get the vote for this measure to be a simple majority of four votes and not a super majority of five votes, as Town Attorney Tobin Rosen has advised them.

Why is this important?

We think that there are four solid "yes" votes for this Amendment: Mayor Hiermath, Joe Hornat, Lou Waters, and Mary Snider. As we will subsequently post, each is beholden to the special interests that contributed to their campaigns.

So, this Amendment will pass based on a simple majority.

But a super majority will require one  more vote. And we don't think it is there.  Citizen-centric council members Bill Garner and Barry Gillaspie will never vote for this Amendment as long as the residents oppose it.

That leaves the vote of Steve Solomon.  For political reasons, we don't think that this appointed council member will vote for this Amendment.  His council seat is up for election. He is running for election to Council this spring.  If he votes for this measure he will most certainly lose that election.

What will the Developer do with the 60 day continuance?

1.  Try to convince the residents who live nearest to the property to withdraw their protests. If they can get a sufficient number to rescind, then there will be no need for a super-majority approval by town council.

"Oland and Carlier have been going door to door on the streets across from 7-I asking homeowners to withdraw their protests."

They are not presenting the documents that were included in the packet the town discussed on Wednesday. Nor are they being truthful regarding the fact that this property can be built with access to Woodburne. So, residents, beware of the slick talkers.

2. Have their "big name" attorneys find a loophole somewhere in the PAD such that the council can interpret the request to be an interpretation of the PAD and not an amendment. 

If either of these eventualities occur, then you will see Apartments on 7-I.
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