Guest View-Frank Pitts: Observations Of A Commission Member,

On several occasions I observed Councilmembers Brendan Burns, Bill Garner, and Mike Zinkin (the three) go above and beyond to support our little Town. Some of their actions, almost exclusive to them, include questioning budget numbers, the golf courses purchase, and new developments. Councilmember Zinkin arranged additional meetings with neighbors and developers.  All three fully support and uphold the Town’s General Plan. During 2014 and 2015, I served on the Oro Valley Planning and Zoning Commission ("P & Z").  I was the squeaky wheel on the Commission.  I would often vote against staff recommendations when they did not follow Oro Valley’s General Plan.

In March 2014, before my first P & Z meeting, I prepared diligently; walked the proposed rezoning property; read the entire General Plan; and contacted Town Staff with my questions and concerns with the proposed rezoning. I was informed by Town Staff that the Oro Valley General Plan is only a guideline and that Oro Valley ordinances and codes are the only rules to follow.  Yet, at my first P & Z meeting, staff only presented guidelines from the General Plan.  

After encountering several road blocks from Town Staff, P & Z Chairman Cox and Councilmember Hornat, I began to realize this was not an environment to question “authority”.  My 2 years as a Commissioner were filled with 6 – 1 votes with me being the sole “Nay” voter.  I wanted to voice my concerns about the “build til we bust” mentality.  I found only Councilmembers Burns, Garner, and Zinkin were willing to listen.  Through observation and discussion, I learned that these three were the only ones on council who always prepared for meetings by expending the time and effort to do their own research on the issues. They often question items brought before the Council, and vote according to what best suits Oro Valley.

During my time on P&Z, the Neighborhood Meeting Process needed revisions. Oro Valley Resident Bill Adler and I met and worked together to identify what would be a balanced process for the residents and developers. The Council changed part of the Neighborhood Meeting Process for the better, but not all. Councilmembers Burns, Garner, and Zinken fought for more transparency, but being in the minority their recommendations were nullified.

I did not achieve more compliance with the General Plan during my tenure on the P &Z Commission, but my voice was heard by the three councilmembers who care about using the General Plan in decision making. These three are the core reason Oro Valley hasn’t been pushed further with more rooftops and urbanization of our open spaces.  

Councilmembers Zinkin, Burns and Garner are fighting to keep the GOLD in Oro Valley.

Frank Pitts
Oro Valley

Oro Valley Golf: Losses Mount in September

We learned from Council Member Mike Zinkin that the Oro Valley golf course was, once again, woefully short of its revenue forecast in September.

LOVE projects September Oro Valley golf course losses at -$295,576
The town had budgeted a net loss of $241,566 in September. This budget assumed that there would be 4,351 rounds of golf played at an average revenue per round of $40.17. The actual result for the month of September was 3,762 rounds at an average revenue per round of $31.89, for total revenue of $119,970.18. The actual golf round revenues fell short of the budgeted golf round revenues by $54,010, or 31%. This lost revenue equates to added losses because there are virtually no costs that go away when a round of golf is not played. So, we project the actual loss for the month to be $295,576.

LOVE estimates total losses on golf since ownership began: -$1,619.350
We previously reported on September 14 that we had estimated losses on golf to be $1,323,864 for the first four months of club ownership (May through August, 2014.) We can now add to this our estimate of September's losses.  So, as of September 30, we estimate losses be $1,619,350.

LOVE optimistic forecast of golf losses for first 14 months of ownership: -$3,100,667
The Oro Valley town budget includes $662,581 in budget golf course financial losses for the remainder of the town's fiscal year, October through June).  The actual revenue from golf rounds has be 31% less than the town's budget for the first three months of this year. If this "underachievement" of revenues continues to occur, and we see no reason to assume otherwise, then an additional $818,436 will happen. A conservative projection of remainder of year loss would be -$1,481,347 in losses. Add this to loses to date and the total estimated loss for the year is $3,100,667.

LOVE conservative forecast of golf losses for first 14 months of ownership: -$3,500,000
We think that the $3.1 million loss estimate is optimistic. We say that because the town's budget appears to be based on a forecast of golf rounds and average revenue per rounds that increases dramatically for the month's of November through April. For example, budget actual revenue per round increases to $55.29 by next June. Golf in Oro Valley is very competitive. There is every reason to believe that local course golf pricing will keep a "lid" on Oro Valley's ability to raise prices. So, we've added another $400,000 in under performance to our optimistic estimate.

Greg Caton enjoying a lighter moment

Is it possible that Oro Valley did not do sufficient diligence on its forecast of golf revenues?
Council Member Zinkin has requested information from Oro Valley town manager Greg Caton on the assumptions used to create the town budget for the golf course. Caton told Zinkin that it is too much work to get this information for him and that the council must vote to tell him to do so.

Zinkin was asking for a very simple thing. The assumptions used to prepare the golf budget. These should be readily available. They should require no effort to find.

We we do know is that the town's golf financial revenue budget is greater than the Hilton had planned in its final year of ownership: Greater by about 10%. One source of this is the average revenue per golf round. The town budgeted it at $44.60. Hilton achieved $38.15 in its final year of ownership. The difference is a 17% planned increase due to town ownership.

Majority-4 don't think there is a problem
Despite mounting losses in excess of budget, the Majority-4 do not foresee a problem.

According to Council Member Mary Snider: "We need a year's worth of" actual results before the town can decide what to do. "I will not support anything to do with reevaluating the golf projections."

"It is time to redo the numbers," according to council member Mike Zinkin. "We need to understand the financial impact of this."

Zinkin and the other two minority council members, Burns and Garner, asked that the town do just that at this past Wednesday's council meeting. Their idea was rejected by yet another 4-3 vote.

Watch the video of this discussion among the council members at last Wednesday's council meeting.
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Want to learn more?

Learn about this from Council Member Burns. Listen, at the 60 minute mark, to his discussion of the seriousness of the situation with KNST morning show host Garrett Lewis this past Friday.

Read Tim Stellar's (Arizona Daily Star) report on this.

Read the Arizona Daily Independent report on this.
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Round 3-Mayor Hiremath's Vendetta Against Council Member Burns: Hiremath Loses Again

We have previously reported that Mayor Hiremath, the leader of our community, has tried to remove councilmembers Zinkin and Burns from council. His attempt to lead recall Zinkin 2014 failed.

Then, last summer Hiremath penned a letter to PIMA County Attorney Barbara LeWall complaining that he thought Burns was a public safety risk. You can read all about that here.

The county did not agree with Hiremath. No action was taken.

Burns prevailed!

This happened after we reported that Hiremath attempted to get Burns removed from council because Burns was living temporarily outside of Oro Valley Town limits.  You can read about that here.

The town attorney did not agree with Hiremath. No action was taken.

Burns prevailed again!

Then, last spring, as we reported in August, Hiremath and Vice Mayor Waters filed a complaint to the Arizona Bar Association on Burns. Burns is an attorney. The complaint alleged that Burns violated ethics because Burns looked at the petition to seek a vote on the purchase of the El Conquistador Country Club. You can read about that allegation here.

The verdict on this latest attack is in.

Burns prevailed yet again!

The Arizona Bar Association does not agree with Hiremath and Waters. There is no action to be taken. This matter is closed.

Mayor Hiremath and Vice Mayor Waters Battle To Discredit Council Member Burns

In March, Oro Valley Mayor Satish Hiremath and Vice Mayor Waters sent a letter to the Arizona Bar Association with complaint of ethics violation to the Arizona Bar Association on Council Member Burns.

The letter is dated March 9, 2015. It is on Oro Valley "Office of the Mayor" letterhead. Mayor Hiremath and Vice Mayor Waters claim that Burns may have violated legal ethics when, at the request of the petition file, he reviewed the petition in January. The petition was for a referendum vote on the town's purchase of the El Conquistador Country Club.

"Our concern is that Council member Burns was very opposed to the legislative action that was passed. He voted against the legislation. Being a Council member, he had confidential information through Executive Session and may have given crucial information to the plaintiff to be used against the Town of Oro Valley in court proceedings. What is more disturbing is that Council member Brendan Burns did not volunteer this information willingly to neither all of Council, nor to the Town Attorney. It was discovered during cross examination of the plaintiff by the Town's attorney."

In July, Oro Valley resident Paul Emmert queried both the Mayor and the Vice Mayor asking about whether the bar association had responded to them. In his email to them, Emmert wrote:

"I recall our meeting some months ago when I expressed concerns about you publicly advocating for Mr. Zinkin’s recall - I believed, and still believe today, that, as Mayor, you should “recuse” yourself from that process, and not choose sides. And again, we find ourselves with a somewhat similar situation with Mr. Burns - another attempt to disparage someone who disagrees with you on many important issues. Telling the Bar that you merely suspect something absent any concrete proof seems to speak to an ulterior motive." 

We asked Council Member Zinkin what he felt that the motive might be.

"This is not 'politics.' This is dysfunctional leadership. Why would the Mayor and Vice Mayor want to see Councilman Burns lose his law license? Why would the Mayor question the character of Burns, Garner, and Zinkin because they choose not to support the budget? This is the essence of poor leadership, divisiveness, and bullying"

Neither Mayor Hiremath nor Vice Mayor Waters responded to Emmert. So, Emmert filed an information request with the town regarding all correspondence among these parties. He received the following response from Town Counsel Tobin Sidles:

"The “Town” did not file the complaint and the matter is solely in the hands of the Bar Counsel. Notifications are not being sent to the Town, but to the individuals. The best source of information on this is to direct any inquiries to the State Bar and State Bar Counsel. Please understand that any “review” or “investigation” by the Bar Counsel is deemed confidential up to a certain point. The Town is not aware that any investigation has been launched or whether anything was found not to be a violation, simply because the Town would not be notified of either course of action. Only the individuals involved would receive notifications from the Bar"

This marks the second time Mayor Hiremath has gone after Burns. In July of 2014, Hiremath sent an email to Pima County Attorney LeWall stating that:

"An additional note to consider is that there are town employees who have severe concerns about th.eir safety given Councilmember Burn's increasing escalation of infractions of the law in addition to him having a military background. Safety is also a very large concern for me as well. I would like to discuss this further with you in person or via phone."

That situation was settled both legally and emotionally long ago.

Mayor Hiremath, it seems, does not suffer lightly those with whom he does not agree. 

Bits and Pieces

Zinkin Nails It...Takes The High Ground.. Makes Clear Case

Council Member Mike Zinkin set the record straight regarding the El Conquistador Country Club purchase during an interview with Garrett Lewis  of KNST yesterday. Unlike Mayor Hiremath's interview the prior week, Zinkin was respectful and focused on the issues. You can listen to the interview below.

Oro Valley Sales Tax Hike Hits The Financially Less Fortunate Hard

Oro Valley Council Member Brendan Burns has done a "quick and dirty" analysis of what the Oro Valley half-percent sales tax increase means to those who love in Oro Valley.

Burns has a special feeling for those in our community who are financially less fortunate. He brings the very important perspective to our town council.

"I am a numbers guy and prefer to focus my debate on this topic. I like to personalize the discussion as much as possible. I discussed the below today but I am not sure if it will be edited out.

The sales tax will cost every citizen $34.15 per year (1.4M diivded by 41,000 residents) (2M accounting for the 30% not paid by residents per Hiremath).

For a family of 5 that is $171 per year.

I also emphasized how this is the second time Hiremath raised taxes. The utility tax will cost $37 per person. (1.5M divided by 41,000). $183 per family of 5.

The total cost to a family of 5 is $354 per year. This is not a small number and significantly impacts families and those on a fixed income. For instance, 24% of CDO students are on reduced or free lunch, 22% in Copper Creek.

If you are struggling to feed your family, $354 per year is a significant amount.

Council "Borrows" $1.2 Million from General Fund To Fund Golf Course Losses

The Financial Impact Of The "Community Center"

Wednesday. the Oro Valley Town Council voted 4-0 (with 3 abstentions) to transfer $1.2 million from the contingency reserve to a fund to pay for some of the  refurbishment of the El Conquistador Country Club ($760,000) and to fund golf course losses from March through June ($440,000). The amount would be "repaid" over 10 years with no interest.

3 residents who live on the golf course, Majority-4 supporters (Lyra Done and Dick Johnson), spoke on how great the golf course is.

However, not all residents are happy. Not all live on the golf course. Not all play golf. But all are paying. One of our readers sent us a semi-handwritten summary (left) of the financial impact of the El Conquistador Country Club purchase.

"More Taxes... Less Reserves".. a direction that individual does not like.

Council Member Zinkin asked how long "we are going to drain the contingency fund. We don't even own this thing and  you want $1.2 million. I'm not going to give you a penny until I see the purchase agreement. We don't own it so what are we don't this tonight?

At Rancho Visoso and Moore Blvd

The "Don't Sign" Sign

Another of our readers sent us this photo of the "Don't Sign" sign that appeared Oro Valley.

They also mentioned that one of the well know supporters of the Majority-4, Richard  Tracy, was wearing a shirt with the same words at this past Wednesday's Oro Valley Town Council Meeting.

Oh. Then angst, the discord, and the anger that the purchase of the El Conquistador Country Club has caused.

The lack of a public vote on it, has wrought a recall referendum Oro Valley.

Is Oro Valley Mayor Hiremath "Losing It" As His Vendetta Against Burns Piques?

In late July, Mayor Hiremath sent an email (below) to Pima County Attorney Barbara Lawall.  In it he claims that:

"...there are town employees who have severe concerns about their safety given Councilmember Burns's increasing escalation of infractions of the law in addition to him having a military background." Also,  Hiremath asserts that "...safety is a concern for me as well."

Fact:
There are no complaints by town staff on file about Council Member Burns.  Nor has Council Member Burns ever demonstrated any action to Hiremath that should make Hiremath fearful.

Fact:
Council Member Burns was in discussion with Town Attorney Rosen about residency requirements long before Mayor Hiremath chose to become involved.  The requirement that an elected official must live in their community is a state law the came into effect in July.  The only reason Burns was not a resident at that moment was that he had separated from his spouse.

Fact: 
Yes. Council MemberBurns was arrested on domestic charges.  Yes. he has to prove himself in court and if he's found guilty of a felony, then it will be difficult to support Burns behavior outside of the arena of politics.  Having said that, Burns is a council member who would go to bat for any Oro Valley citizen and we continue to support his professional role as a leader of our community until it's proven otherwise.

What is going on on the part of Mayor Hiremath is simple:

The Mayor is fixated on removing at least one of the minority from council.   He failed at removing Council Member Zinkin last winter in a recall attempt.  Now he wants Burns out.

The Mayor is out of control.

Frankly, we think that Hiremath is "losing it."

The following is the email and Council Member Burns's response to it:
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From: Hiremath Satish
To: barbara.lawall@pca.pima.gov
Subject: FWD: Article
Date: Wednesday, July 30,2014 10:31:28 AM 

Barbara, 

The article that is being referred to below by Council member Brendan Burns is the letter I wrote to you regarding an investigation into residency rules and being an elected official. I am forwarding this to you because I feel that it should be incorporated as part of your investigation. There are other Town emails which reflect communication between Councilmember Brendan Burns and both of our town attorneys (Tobin Sidles and Kelly Schwab) regarding Councilmember Burns wanting to challenge their interpretation of what constitutes residency. 

An additional note to consider is that there are town employees who have severe concerns about their safety given Councilmember Burn'ss increasing escalation of infractions of the law in addition to him having a military background. Safety is also a very large concern for me as well. I would like to discuss this further with you in person or via phone. My cell phone number is .... Thank you for your attention on this very serious matter. 

Respectfully, 

Satish Hiremath
Mayor Oro Valley
Sent from my iPad

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Burns responded that same day:

"So I assume you realize you are lying to the public about your leadership when you actively work to discredit and remove fellow council members. I cannot stand a man without integrity or honor. You sir, have neither."

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Oro Valley's Chief of Decency Pounces On Council Member Brendan Burns

"The expectation you should have of your council is that we are civil and that we will work together. The expectation you should have of your mayor is that you want somebody who is honest, has integrity, is respectful, is responsible and cares for you."

These were the closing words of Mayor Hiremath at the Greater Oro Valley Chamber of Commerce Candidate Forum.

This is the same Mayor who has now pounced on Council Member Burns. Hiremath has called for a ruling on whether Burns should be removed from office on the basis that Burns is not living in Oro Valley. This on the basis of a law that went into effect on July 24 that requires elected officials to live in their district. Burns is estranged from his wife. He moved out of their house. He is negotiating an Oro Valley residence as we write.

Hiremath failed in his attempt to remove Council Member Zinkin from office.  Now he has turned his attention to removing Burns from council.  He could not prevent Burns' election in 2012. Now he wants to remove him from council to rob you of your representative. Mayor Hiremath's behavior hardly is honest. It is patently obviously "political".

Civil? Honest? Integrity? Respectful? Mayor Hiremath is anything but that.

Burns has responded saying the Mayor is most certainly not a gentleman.
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Mayor Hiremath believes that he is Oro Valley's "Chief Of Decency"

Mayor Hiremath has stated that his role is "To control the decorum of how the council functions." According to him, that only happens when there are established rules and policies in place and if people choose to follow the rules. (Source: Video Right: Greater Oro Valley Chamber of Commerce Candidate Forum)

Thus, operating on this philosophy he claims that he decided to work to recall Council Member Zinkin because of very serous infractions that came to his attention.  Had he really does his homework, as we did, he would have found that the alleged infractions were neither serious nor persistent.

So, one better hold to Hiremaths' "morals and values" or they are liable to be "pounced upon" by him.

This is not Mayor Hiremath's first foray into going after Council Member Burns. He's been pouncing on Burns for a while.  Last March, Mayor Hiremath allegedly may have violated the open meeting law by conducting a meeting of council members to discuss Council Member Burns without Burns' knowledge and without his participation.

Does Oro Valley need a "Chief of Decency?" Is this what you want the Mayor to do?  Or, do you wants someone you can actually trust.

People In Glass Houses

Its funny how Mayor Hiremath holds himself as the standard of "morals and values" when he, himself does not hold to that standard. We have always told you that we would never discuss a council member's personal life. So, we have never revealed what we have learned regarding his relationships.  We will not sink to the gutter to disclose such, even now.

Knowing what we have learned, he is most certainly not "a model of morals and ethics".

A Mayor needs to bring 3 characteristics. They must be able an ability to unite, to lead and to represent.

The Mayor's postion in  Oro Valley is what is called a "Weak Mayor" position. That is, the Mayor does not have any daily responsibilities for running the town. The Mayor is a part-time position. The Mayor is not the Chairman of the Board nor is he Chief Executive Officer.  Nor is he the "Chief of Decency," as Mayor Hiremath believes he should be.

What the Mayor must be is a leader of all the people. He must be an individual who can listen to all view points. He must be someone who is thoughtful, not boastful. He must be an individual who does not take up arms against another elected official, dividing the community.

He must be someone who knows that the ""Civility, Integrity and Teamwork" are more than mere emotional words, as Mayor Hiremath asserted at the SunCity Candidate Forum.  They are words that describe values and ascribe behavior.

He must unite us. Not divide us.

He must also be someone whose judgment you trust.
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Sunday Special: When Life Meets Reality

By now you have read or heard about events regarding domestic problems in Brendan Burns' family.  Allegedly Burns, in a aggressive manner, violated a restraining order by his wife Allison.   We would not have learned anything were Brendan not an Oro Valley Council Member.  Domestic problems occur far too commonly.

As you know, things do not always go well in divorces, especially when there are 3 children involved.

Such is it with the marital situation of Council Member Brendan Burns.

There are "two-sides" to every story.  Burns will have his "day in court."

LOVE will present the results when they occur.  It is our policy to never discuss matters that are private to individuals, regardless of who they may be.

In the meantime, let's hope for the best outcome for Brendan's 3 children.   Apparently, Brendan feels so deeply for them that he violated a restraining order in order to be with them.
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Majority-4 Apologist: "We Ain't Meanies"

One of the reasons Council Member Brendan Burns did not vote for the 2014-15 Oro Valley record breaking budget, was that the budget did not do enough for the disadvantaged who live in Oro Valley.

Lest they be painted as "meanies", the Majority-4 had one of their politically aligned, Kay Williams, speak of the work of the Oro Valley Community Foundation.  She spoke in the call to audience portion of the June 18 meeting.  You can view here remarks.

We seem to remember Williams collecting Zinkin recall signatures at Steam Pump Ranch. This was 2 years after she wrote a letter that was published in the local advertising circular on how bad recall efforts are! "At a time when we should move forward to build the town we want for generations to come, regardless of our personal politics, I find this recall activity destructive and unnecessary" she wrote on June 8, 2011. She was speaking of the failed recall effort on 2 of the 4 Majority-4, Council Members Hornat and Snider.

According the the Oro Valley Community Foundation web site: "We make grants to area nonprofit organizations that help those in need and invest in schools to benefit academic programs." (Source: Oro Valley Community Foundation Web Site).

Grants to organizations that help those in need is a good thing. However, that's not of that which Burns spoke! He spoke of the need for the town to directly provide programs to support the disadvantaged. Not of grants to organizations and schools.

Members of the Board of the Oro Valley Community Foundation include Majority-4 supporters, and Zinkin recall-attept supporters: Debra Arrett, Kay Williams, Marilyn Cook, and Mary Snider.

Dave Perry, head of the Greater Oro Valley Chamber, is also on the Board. The Chamber lives off the largess of the town. In fact, we guess that the town gives more to the Chamber than it pays in services for the needy!

These are the same Majority-4 who, several years ago, eliminated a town sponsored exercise program for Parkinson's patients. This happened when they agreed not renew the lease for the Oro Valley recreation center. It was only after screaming on the part of LOVE (Read: "A Town Of Excellence Must Also Have A Heart") regarding the loss of this Parkinsons exercise program that the town reinstated it. The program is now held at the Oro Valley hospital.

Kudos to those who support the work of the Oro Valley Community Foundation.

Still, we don't see the Majority-4 interested in the disadvantaged and certainly not in the manner of which Council Member Burns spoke. We see the Majority-4 as interested in the welfare of the special interests of Oro Valley.
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Council Members Burns and Garner Give Oro Valley Mayor Hiremath An Oro Valley Lesson In Leadership

On June 4, The Oro Valley Town Council voted 7-0 to hold a study session before the end  of this year on what to do with Steam Pump Ranch.  Demonstrating leadership, Council Member Bill Garner made the motion to relieve what had become a needlessly contentious discussion about investing in rehabilitatating the Procter-Leiber House at the Ranch.

A Good Idea... Odd Responses

Council Member Mike Zinkin had put forth a motion to allocate $500,000 in reserves to restore the house.  This house is, as we reported last week, a centerpiece of the Ranch and could be the beginning of creating something unique for Oro Valley.  Zinkin noted:

"Lots of towns have ball fields. Lots of towns have aquatic centers. No place in Arizona, no place in the county has anything that is as unique and defining as Steam Pump Ranch."

The early remarks of Council Members Burns and Ganrer supported the motion.

Council Member Waters, on the other hand,  did not support the idea of refurbishing the home because he claims there is no plan for the entire property.  Council Member Snider agreed. Council Member Hornat did not like the idea because he saw no necessity: "The house is not falling down."

There is a plan for Steam Pump Ranch. It is called the Master Plan.  It was created in 2007-08 and revised in 2011. You can view it here. In addition  this council voted $2 Million for ball fields at Naranja Park before there is a plan on what to do with the park.  The plan is currently being created.  In addition, other structures and roads have been built at the Ranch and there has been no plan in place for that. Thus, the arguments of Snider and Waters that having no plan for Steam Pump Ranch means that nothing should be done until a plan is created and agreed upon simply smacks of political rhetoric and delay.  

Lessons In Leadership

The most telling discussion of the evening, however, was the exchange between Mayor Hiremath and Council Member Burns.  We have provided a video for you.  It is a "must see."

Mayor Hiremath had chosen to not address Zinkin's concept.  Rather, he used the moment as an opportunity to attack and rebuke the minority for not voting for the 2014-15 budget.  In doing so, he mischaracterized their positions, which, as we previously reported, was specific to each council member.

Council Member Burns responded to Hiremath's attack. Burns noted that he had not supported the budget because of its lack of spending for the most needy in our community.  At one point Burns noted: "I don't take kindly when you misrepresent what I said or you imply that there is some nefarious reason for not supporting the budget."

During the conversation, Mayor Hiremath had asserted that he supported the historic restoration of Steam Pump Ranch.  Burns noted that the council had been talking about this for 4 years. He ad advised Hiremath that, if, indeed this were true:  "Put some leadership on this. Say 'I believe in this. I'm not just going to say it. I'm going to deliver on it."

Council Member Zinkin tried move the conversation back to the subject: "This is not about the budget. It is an entirely different conversation."

While Mayor Hiremath seemed to be looking for an argument, Council Member Garner was looking to move the discussion forward.  Garner's motion for a study demonstrated leadership.  Mayor Hiremath seeking an argument with 3 sitting council members did not.

Can Mayor Hiremath Lead? What Do You Think?

About 4 months ago we spoke at a council meeting. The Zinkin recall attempt, which Mayor Hiremath had led and supported, had failed.  At that time, we asked Mayor Hiremath to bring our community together. We asked Mayor Hiremath to be the Mayor of all of us.  Rather, he has chosen to continue to divide our community.

We have concluded that  Mayor Hiremath is unable to provide leadership that unifies our community.  He simply can not put on his "big boy" pants and lead all of us.

What do you think?
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Guest View-Diane Peters: The Other Side of The Equation (Part 1)

During the Call to Audience at the May 7th council meeting, five citizens gave their opinions regarding comments made by Councilmembers Garner and Zinkin who dared to criticize the Oro Valley Police Department ("OVPD") in the April 17th edition of the Arizona Daily Star.  Three of the five speakers were law enforcement officers.

Terry Parish (Pima County Sheriff’s Deputy and former Oro Valley Town Council member) said that Zinkin and Garner have forgotten why they became council members. He said they’re supposed to “serve the community” and “raise the community up” rather than “drag the community through the mud in the newspaper.”

If he truly believes this, then why didn’t he speak out when Mayor Hiremath wrote a Christmas Day rant in the local newspaper that was filled with nothing but contempt and mudslinging? Mudslinging on Christmas Day! Parish was silent despite his claims of being a devout Christian. Why didn’t he speak out about the malevolent signs that were posted all over town for weeks asserting that Councilmember Zinkin “degrades women?” That’s also mudslinging, is it not? How did those malicious signs “raise the community up?”

He also claimed that because Oro Valley was named one of the top 8 safest suburbs in the nation, that Garner’s derogatory comments about the OVPD have “zero credibility.” I fail to see the connection. You can have a police department filled with prima donna’s and thugs and still have a safe community. Our community is safe partly because of the diligence of the police department and partly because of our demographics, a factor that the OVPD worshippers always overlook. They insist that it’s solely because of the police department. The only way to prove that theory is to transfer every OVPD police officer to South Tucson and see if South Tucson suddenly becomes one of the safest communities in the nation.

Parish closed his speech by admitting that it is the job of the council to ask questions about the budget.

Marshall Morris (President of the Oro Valley Police Officers Association)claimed that the Arizona Daily Star article showed that Zinkin and Garner have a complete lack of respect and understanding of what the OVPD do. If that’s true, could it be because when they ask questions of the OVPD, they often do not get answers, only deflections and attacks on their character and abilities? If Morris truly believes that these councilmembers do not respect the OVPD or understand the demands of a police officer’s job, then isn’t this a compelling reason to turn police oversight over to the Town Manager? Officer Morris seems to want to have it both ways. He wants police oversight to be handled by the council while claiming that some members of the council are ill-equipped to handle that oversight.

He also stated that Council Members Garner and Zinkin don’t attend a lot of town events. That’s because, despite Terry Parish’s assertions, Zinkin and Garner have not forgotten why they became council members. It’s not to attend ribbon cuttings and tree lightings. They are paid to represent the interests of the citizens…the taxpayers.

Councilmembers who attend countless “town events” do so only for their own self-serving interests. They like to hob-nob. They like to make connections that they can use in the future. They’re looking for photo ops. People who shine from within don’t have an incessant need to be in the spotlight. While others are attending frivolous town events, Councilmembers Garner and Zinkin are reading and researching documents in preparation for council meetings. As a result, they show up at those meetings well-prepared.

Morris also stated that Zinkin and Garner miss more council meetings than the others. FACT: With the exception of missing one study session, Council Member Zinkin has not missed one council meeting since he was elected. And on the occasion when Council Member Garner is unable to be there in person, he attends the meetings via conference call.

Perhaps it’s time for these law enforcement officers to take their own advice and stop slinging mud and false accusations at two of the hardest working members of the Town Council.
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Diane Peters has lived in Oro Valley since 2003, moving here to escape the humidity of the East Coast.  Combining her love of animals and writing, she wrote her first protest letter at the age of 12 to the Canadian Prime Minister in support of ending the annual baby harp seal hunt.  Years later, she flew by helicopter to the ice floes off the coast of Newfoundland where she was able to pet baby harp seals recently born on the frozen tundra.  Her other interests include reading, nature photography, traveling to National Parks, Native American history, art galleries, museums, and following politics.  In her past life, she worked in medical research at various University Hospitals in New England, including coordinating Oncology Clinical Trials and preparing manuscripts for publication in medical journals.  Her husband is an Army veteran who served in Germany and South Korea.  A former hippie, he attended the 1969 Woodstock Festival in Upstate New York.
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Garner, Burns, Zinkin: Why This Budget Deserved A "No" Vote

The Oro Valley Town Council approved a record $107.1 million budget for 2014-15  by a 4-3 vote last Wednesday.  This is a 13.1% increase over prior year.

The Majority-4 (Mayor Hiremath and Council Members Hornat, Snider and Waters) voted for the budget.  Council Member's Burns, Garner and Zinkin did not vote for the budget.

In their remarks to council, council members Zinkin and Burns clearly stated their reasons for not supporting this budget.

Council Member Zinkin did not support the budget for a number of reasons. These are detailed and supported in the PowerPoint presentation at right.  (You can view the presentation to the right or  you can view it by clicking here.)

Zinkin was not allowed to present this PowerPoint document because it was objected to by Mayor Hiremath.  According to Council Attorney Kelley Schwab, meeting materials are supposed to be included with council meeting materials one week in advance of the meeting.

Zinkin continued that he felt that the budget includes a "hidden" increase in the number of employees and a substantial increase in average compensation (including benefit cost) per employee.  He believes that the raises are being granted based on an invalid compensation study.  "Our employees are well paid and they deserve it. Do they deserve to get paid as much as an employee in Avondale [or other Pheonix Communities]? The cost of living is much more up there."

Zinkin continued that he can not support this budget because the spending "...is not balance between the community and the employees"   Zinkin asserted, "We could give our employees their step and merit increase and a 2% raise, which is what is going on in the general public. I'm guessing that that would save us half million dollars. What would you do with that? You give it back to the people. Green parks in the winter time. Maybe do something with SACCA. Do something with Procter-Leiber.  There is all sorts of things we could do to give back to the community."  Perhaps even fund some of the ideas Council Member Burns put forth, as follows.

Council Member Burns observed: "I'm voting against the budget today and I have two main reasons why." First, "I personally believe that a budget is a policy document and more importantly a reflection on our values....I had only one budget request and that was for the town to provide programs for disabled an flow income individuals," asserted Burns.

"Our town does not have any program for disabled or low income individuals." This, despite, the fact that, according to Burns, "...24% of students at CDO use subsidized lunches, 22% at Copper Creek, Wilson 17%."  He concluded, "Oro Valley Is a very wealthy town. Yet I believe we ignore those that need the help the most."

Burns' second reason for not supporting the budget is that the budget does not discuss how the town is going to be funded in the future.  Council Member Burns asserts that Oro Valley has a defacto property tax because many of the town's assets have been financed by the county.  Burns asserts that Oro Valley would have better control of these funds it it assessed its own property tax.  However, Council Member Burns is not advocating for an Oro Valley  property tax.

Council Member Burns concludes that the best time to have this conversation about funding is when discussing the 2015 General Plan since there are so many future items being considered for investment but no identification of the sources of the funds for these investments.  "I don't think that relying on the county bond fund to fund our capital needs is the way we should go."

Be sure to take a moment to watch Burns' eloquent remarks.

Council Member Garner also voted "No."  When asked why, he provided three reasons:

• There is nothing in the current budget that addresses the needs of the citizens as much of the budget increases were due to employee raises and benefits that in the long term will cost the Town fiscally. 
• The salary study was flawed from the outset with much of the results suspect as many comparisons were done using cities and Towns much larger than Oro Valley. This salary study was never fully vetted to the public until much later in the process and was never going to appear until the issue was pushed to have it part of a budget study session. 
• There continues to be wasteful spending throughout the budget to include items such as being paid overtime for hours paid instead of hours worked as well as many areas in the budget where department spending continues to rise with little to no explanation.

The common thread among the three "No" votes is that each of these council members studied the budget in detail. They then compared the spending to a "citizen-centric" standard.

Compare their response to that of Council Member Snider. She voiced what appeared to be, a response for the majority:

"I don't mind new ideas. I have a problem with grandiose suggestion coming when we make a motion to pass the budget.  We could have had these conversations earlier and I would invite you to bring these ideas forward but give the council and staff an opportunity to vet these ideas. Let us debate them."

Apparently Snider had not heard Burns' remark that he had brought his ideas forward but that they were never considered. Or Zinkin's comment that the numbers Town Manager Caton had provided at the prior council meeting had been misleading. Or had not considered Garner's and Zinkin's educated evaluation of the salary study.

More to follow on Snider's response will follow in a future posting: "Management By Happenstance" or "Who Runs Oro Valley?"
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(Because of the holiday this week, we will post our regular Tuesday feature, "Heather's Corner",  tomorrow.)
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Bits and Pieces

GFRD and Oro Valley To Partner On On-Site, Full-Time Health Clinic For Employees

 "The Town of Oro Valley, Arizona is seeking competitive proposals from qualified and interested firms to design, furnish, staff and manage an on-site health and wellness clinic to provide quality medical services to Town employees and dependents....Golder Ranch Fire District is considering partnering with the Town of Oro Valley in the operation of this Health and Wellness Clinic. The Fire District has 147 employees and a total of 494 individuals covered by their health insurance." (Source: Oro Valley Bid Solicitation 14032)
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Zinkin Appointed To NLC Steering Committee

Council Member Mike Zinkin "...has been appointed to the National League of Cities (NLC) 2014 Community and Economic Development Steering Committee. This committee has the lead responsibility for developing NLC federal policy positions on issues involving housing, community and economic development, land use, recreation and parks, historic preservation and international competitiveness. The appointment was announced by NLC President Chris Coleman, mayor, St. Paul, Minn." (NLC Press Notice)
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Burns Gets New Job

Council Member Brendan Burns is now a member of prestigious law firm Fennemore Craig.  Brendan practices in the area of commercial litigation, plaintiff's personal injury, professional liability, medical negligence defense, and land use planning and zoning. (Source: Press Release)
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Oro Valley Schlock Sign

Here's our nomination for Oro Valley's Schlock Sign.  We didn't know that Oro Valley allowed this kind of sign.  It looks like a bed sheet with some writing on it. We hope the quality of the $7.99 haircut is better than the quality of the sign.  We also wonder if this type of sign is "In Our Nature."
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Aquatic Center Closed For Maintenance

The Oro Valley Aquatic Center will be closed for maintenance from January 27 to February 2.(Oro Valley Press Release)
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Oro Valley 2013SRO Annual Report Available

The Oro Valley Popular Annual Report can be viewed on line or downloaded.
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"OVPD teen driving program receives a boost from National Auto Collision Centers

The Oro Valley Police Department (OVPD) School Resources Unit has received a donation of $1,100 from National Auto Collision Centers for the Impact Teen Driving Program.

Program curriculum is being taught by OVPD School Resource Officers in Oro Valley high schools. With the donation from National Auto Collision Centers, an incentive will be added to the program. Students who complete the course will receive an I.C.K.Y. (Ignorance Can Kill You) to place in their vehicles as a reminder to not engage in distracting tasks while driving, such as texting." (Source: The Oro Valley Police Department press release)
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Drzazgowski Wins Shop OV Holiday Campaign 

"The Town of Oro Valley is proud to announce that Oro Valley resident Molly Drzazgowski is the winner of the final prize drawing for the Shop OV Holiday Campaign. Drzazgowski will receive a two-night stay at the Hilton El Conquistador Golf & Tennis Resort, including a choice of one round of golf for two, or two 50-minute custom spa treatments and breakfast for two at the Sundance Café. " (Oro Valley Press release)
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OV announces art, photo and multimedia contest For K-12 students 

"In celebration of its 40th anniversary, the Town of Oro Valley is proud to host the "Life in OV" art, photo and multimedia contest for students in grades K - 12.

The contest is an opportunity for Oro Valley's youth to showcase their unique perspective on life in OV. Whatever is important to them-family, friends, pets, school, clubs, sports, parks, nature-we hope they will share their vision through art, photos or multimedia. Get contest rules here. (Source: Oro Valley Press Release)
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Removing The Police Department From Oro Valley Politics (Part 2)

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Yesterday's post gave the history behind why Chief of Police Sharp reports to the seven member town council and not to the town manager.

As we have heard so often from Council Member Mary Snider, we are Oro Valley and we are unique when it comes to our police.

Yes. We are unique when it comes to our police.  In most Arizona communities, the chief reports to the town manager for budget and evaluation purposes.  In some, the town manager can hire and fire the chief.

But, not in Oro Valley.  Instead, there is a situation in which the police have extraordinary influence and power. A situation in which they are able to assert major influence over politicians and elections.  They are able to do this because no one is responsible for monitoring and evaluating their operations or, in the present case, their spending.

Mayor Hiremath's position is that the council should not "get into the weeds", when it comes to the 2013-14 town manager recommended budget.  We ask: Who, exactly, challenges the police budget, Mr. Mayor, if you don't; because it is not Mr. Caton's responsibility to do so?  You must get "into the weeds"on the police budget, Mr. Mayor.  In 2011, you voted for that to be so.
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Today, there is no oversight of the police budget.  It is not Town Manager Caton's job.  He has no authority to do anything that involves the police because the department does not report to him.  It is of no benefit for him to get involved without that authority. In fact, it would be political suicide.

There are only 3 members of council who have challenged the 2013-14 police budget.  That is too few to make an impact because a vote of 4 would be required.

At the May 1 council meeting, Council Member Zinkin offered some challenge to the police budget.   Council Member Garner discussed the need for greater efficiency in police spending.

Council Member Burns recommended that the council consider changing the reporting relationship of the police chief back to the the town manager, so that some significant oversight would occur.  He noted four reasons to return to the town manager police and evaluation model, a model that appears to be relatively common among Arizona communties:

1. The Council does not adequately provide the professional oversight required;
2. This change in the reporting relationship would remove the police department from being the political "football" that it has become;
3. The town is being run by professionals, as Mayor Hiremath has so often noted. These professionals should oversee the police department; and
4. Oversight by the town manager would increase the synergy, for example, resource sharing, among town departments and town resources.

Council Member Zinkin, having surveyed the reporting relationships in a number of cities and towns, agrees with Brendan.  "I intend to make it an agenda item in a future meeting."

Council Member Joe Hornat said that he is open to listening to a discussion of the pros and cons.  Hornat also voiced confidence in the management abilities of current Town Manager Caton.

Former Council Member Barry Gillaspie, the lone vote in 2011 against removing the town manager from police oversight, continues to agree with his stated position: "I still stand by the statement," Barry said during our talk with him last week.  He noted that the current set-up allows the police department to play a game of "divide and conquer" among the 7 "bosses."  Please 4 and you win!  The police department budget deserves scrutiny.  It gets no scrutiny now.
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We don't know if the council will discuss the situation. We don't know when they will discuss it. We don't know if the council will seek to change the situation. We do know, however, that it is a worthwhile conversation because the size of the police budget and its fast growth rate deserve scrutiny on behalf of the people of Oro Valley.
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Removing The Police Department From Oro Valley Politics (Part 1)

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On May 1, Council Member Brendan Burns recommended that the town have the Chief of Police report to the town manager, not to the town council, as is currently the case.

This change would return the reporting structure to what it was before March 9, 2011.  Prior to that time, the Chief was appointed and terminated by the Council; however, the daily oversight and performance evaluations were completed by the Town Manager. (Source)

There is history behind why the current reporting relationship is "as it is today."

Town Manager David Andrew's had tendered a forced resignation September 2009:

On September 28, 2009, Art wrote: "It is a fact, readily admitted by the Oro Valley police, that their union representatives wanted David out. Why, you ask? For no other reason than they think---and, at this point, they damn well may be right---that they run Oro Valley. Remember, David, working for the best interests of the people of Oro Valley believed the police who have by far the biggest budget---about the same as every other department cumulatively, fought "tooth & nail" so as to not allow even one of their own to be cut back, even though other departments had to do so."

The Oro Valley Town Council held a special session on March 9, 2011.   Council Member Snider, with the seconding of Council Member Hornat, motioned to approve ordinance 11-10 of Oro Valley code section 3-2-3.

The case for making the change was presented by Council Member Mary Snider (02:59).  Sndier claimed that there was a conflict between the code and the Chief's contract. Rather than simply amending the Chief's contract to be consistent with the code, she chose to champion removing the town manager from the equation.

"Vice Mayor Snider stated that from a public policy standpoint, there is a conflict between the Code and the Chief's contract.. The Code states that the Town Council appoints the position of the Town Manager, Chief of Police and Town Attorney. She stated that in Section 3-2, the Chief of Police is appointed by and may be terminated by Town Council pursuant to employment agreement. The new language that was added in 2007 stated "daily oversight and performance evaluation shall be completed by the Town Manager." There is a conflict with the current agreement.  From a policy standpoint, the Town Code states that the Chief of Police is hired or fired by the Town Council, but is not responsible for evaluating performance.  Discrepancy is that Council is responsible for hiring but not for performance."

The change in the code resulted in assigning all responsibilities for oversight and evaluation to the 7 member council as a body.  The motion carried 6-1.

Council Member Barry Gillaspie voted "no."

"I intend to vote no on the motion. I believe that it is in the best interest of the Town Of Oro Valley for the Police Chief to report to the manager and I believe that it is workable to amend the contract of the police chief or use it as stated; so that the town council can provide policy direction both through the town manager and to the police chief. I think that [the change] overly politicizes the position. Town Councils come and go but we want stability in our police department."

So, rather than changing the Chief's contract, as Council Member Gillaspie suggested, the council opted to change the code, removing all Town Manager oversight.  Presently, the police submit their budget through the town manager. The town manager has no role in reviewing or critiquing it.

So how's it working out?

The police budget has grown from $12.1 million in FY2011-12 to a "recommended" $13.8 million in FY 2013-14.  This is an increase of 14%.  During this same time period, the rest of the general fund spending has grown 1.4%.
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Not All On Council Agree That "The Budget Is Fine" for 2013-2014

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Council Member Mary Snider announced at last week's Oro Valley Town Council Meeting that "The budget is fine."  Apparently, there is nothing in the budget with which she does not agree; except for the "need" to increase the town's contribution to the Greater Oro Valley Chamber of Commerce.

Her opinion, however, is not shared by all council members. and residents.

Oro Valley Town Manager Caton has, on several occasions, noted the significant time and effort expended in creating the budget. He and his team have used the General Plan and the Strategic Plan as the guide for creating this year's plan.  The plan's core themes are:

• Investment in town employees
• Investment in infrastructure and town assets
• Investment in technology
• Economic development as a key strategy to achieve a healthy financial environment
• Support of quality-of-life programs and services for the community
• Revenue enhancements and expenditure reductions.

"As our economy is still very fragile, we are seeing signs of steady, slow growth and the budget reflects the changing market," Caton noted at last week's meeting.  Caton is confident in the future: "In the coming fiscal  year, we are conservative in our revenue estimates but we are seeing returns on these previous year investments specifically including the areas of special events, annexation, economic development, and business activity."  Caton is proud that Oro Valley has received national awards for its previous budgets.
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No one doubts the effort nor the intent of the budget.  Still, even the most well-prepared budget requires thorough independent inspection on behalf of the residents of Oro Valley.
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Council Member Zinkin identified more than $429,000 in potential savings in this year's proposed budget, savings which, he believes, should be added to our Parks, Rec and Cultural Service program for over-seeding our parks in the winter; establishing a dog park; installing water fountains along the CDO Trail, and increasing cultural services

Council Member Snider spent time rebutting Council Member Zinkin on all items on which Zinkin spoke.  Apparently, there there is nothing in the budget with which she does not agree. 

Council Member Garner recommended considering leasing a police evidence facility as a means of reducing cost, the purchase of hybrid police vehicles to reduce fuel costs, and stated:  Garner advocates managing the Oro Valley Police Department in a "...very efficient way."

"All I'm driving for is efficiency" in Oro Valley spending, he noted. "Let's manage. Let's get efficient. Let's look at things that do in this community so that we can be #1."

Council Member Snider also spoke on her survey of take home cars, all of which support the use of take home cars for police officers.  For example, she noted, all Sahuarita Officers have take home cars.   Previously, she had said that Oro Valley should not be compared to other cities and towns when it comes to public safety issues.  Commissioner Garner noted: "I would have no problem with the [Oro Valley} take home policy if Oro Valley would acknowledge that this is a benefit....then compensation would be adjusted accordingly."

Council Member Burns has "...some major problems with this budget...mostly because I don't think that it fits with the vision of what Oro Valley is or what it wants to become. I don't think that we are making the proper investments to develop arts, culture, or recreation.... Our parks and recreation are woefully inadequate...families are a woefully under-represented in this town when it comes to services and I think that this needs to change."  

Burns recommended that the Chief of Police report to the town manager and not to the council; thus  removing discussion of the police budget from the political realm. 

Council Member Hornat said he supports the town salary and wage survey only because the town manager thought it should be in the budget.  Otherwise, his experience tells him that it will be of no benefit to the town. He supports doing a Naranja plan as long as it focuses on return on investment.  "Sometimes you have to spend money because you have it." "I'm not ready to take a chance" on reduced police staffing.  

Oro Valley resident John Musolf commented on a substantial sum in the budget for a police evidence facility. Chief Sharp stated, at the study session of April 24, that a consulting study, dated in 2007, justified the facility.  John, and others, feel otherwise.

On May 15, it is likely that town council will approve the town manager's recommended budget  as submitted.  We base this conclusion on the nature and depth of the questions offered by Council Members Hiremath, Snider, Waters and Hornat.  It is clear that the are supportive of all spending in the budget.  As they are the majority, this budget will pass.
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