Editorial: "Do your job. Enforce the Town Sign Code"

A recent Freedom of Information request by former Councilmember, Bill Garner, has uncovered what many of us have suspected for a long time; that is, that the department headed by Paul Keesler (Community Development and Public Works  (CDPW) is not doing its job.

One of the things this department is responsible for is Code Compliance. The Town Council, with the advice of staff, passes Codes which are the law. It is not the responsibility of the CDPW to interpret, weaken, or disregard the Code. Their responsibility is to enforce the Code.

Examples of how the CDPW has been delinquent in performing its duties
On Nov. 3, 2016, a Senior Planning Technician (Patty Hayes) advised the Inspection and Compliance Manager, Chuck King, that the Canyons at Linda Vista Trail (Kneader's Bakery) was not in compliance with Section 28.2 of the Zoning Code which mandates that development must follow the approved sign criteria or Master Sign Program. Ms. Hayes advised Mr. King that the signs didn’t appear to match the approved plans. Mr. King's e-mail response, on the same day was:

"Ahh yes a thing of beauty wouldn't you say Patty? What would you like us to do next, Patty?"

King's response is an embarrassment.

Instead of investigating the allegation and enforcing the Town Code, King responded with a flippant question. It is not Ms. Hayes' responsibility to tell Mr. King what to do. It is Mr. King's job as Inspection and Compliance Manager to enforce compliance, not to shrug it off.

The job of educating businesses about the Code is one of the responsibilities of Amanda Jacobs, the Town’s Economic Development Manager. However, various e-mails reveal that Ms. Jacobs is involved with the enforcement program. Her job is not to enforce the Code and since she is on the Board of the Greater Oro Valley Chamber of Commerce, her involvement in enforcement could create a conflict for her when a business violates the Code

The Council passed the permanent A-Frame/Outdoor Ordinance on September 7, 2016. A week later on September 13th, Mr. Keelser emailed Chuck King, Amanda Jacobs, and Town Planning Manager, Bayer Vella, calling for a meeting. The Town's permanent sign and outdoor display code was going in place on October 7, 2016 and apparently there was some concern over how they were going to enforce the new code. There should have been NO concern. Mr. Vella, responded to the call for a meeting by stating, "Your call. If the Code is not enforced in the field, I want no part of this discussion or action."

Why would Mr. Vella feel that the Code would not be enforced? Perhaps it was because just one hour prior, Mr. Keesler emailed:

"I look at it as going 5 mph over the speed limit - no problem. 20 mph over the limit, you are hauled off in handcuffs. So 20 or 25 feet away from the entrance, not a problem. In the middle of the parking lot in an island - problem."

The Town Code is the Law and should be Enforced
One might wonder if this mentality continues when it comes to building and development inspections. Do they condone side setbacks of 4.5 feet when they are required to be 5 feet? How about wall studs that should be 16 inches apart, but are installed 17 inches apart? If it is alright for a monument sign not to reflect the approved plans, is it also alright to allow a mandated 7000 sq. ft. lot to be shortened to 6800 sq. ft. instead?

Again, Mr. Keesler’s job is not to interpret or give leeway to the Town Code. When the Town Council votes for a particular Code, they expect it to be enforced. If the code states that A-frame signs must be within 20 feet of the store, that does not mean 25 feet. Today we see signs well in excess of 20 feet from the front of the store and in the parking lot islands.

During Council discussion prior to the vote on the new Sign Code, Mr. Vella stated that Play It Again Sports would NOT be Code-compliant under the new Code and they would have to go to the Board of Adjustment to request a “Code Variance.” The Code went into effect on October 7, 2016 and it was not until five months later on March 23, 2017, after a complaint from a citizen, that the CDPW Department finally informed this business that it was not Code-compliant.

Dereliction of Duty
LOVE realizes that the Mayor and current Council, as well as the Interim Town Manager would probably label this editorial as “anti-business” or a “denigration of staff.” We call it “dereliction of duty” as there is empirical evidence that Mr. Keesler and his staff continue to disregard the Town Code and this is condoned by the Interim Town Manager, Mayor, and Council.

The question is WHY are they so lax in enforcing the Code? Is it because they are beholden to Dave Perry, President of the Greater Oro Valley Chamber of Commerce (GOVCC)? We’ve heard his many speeches before Council always advocating for businesses to have more signs, more lighting, etc. It’s probably safe to conclude that he would not want this Sign Code enforced to the letter of the law. We also question where Amanda Jacobs’ loyalties are directed, being that she is on the Board of the GOVCC.

Six-Figure Salaries
If you agree that it’s unacceptable for Town employees earning six-figure salaries to be so negligent in their job duties, e-mail the Town Council and the Interim Town Manager with your thoughts or come to the April 7th council meeting and speak about this at the initial Call to Audience. The Call to Audience is one of the first items on the agenda, so if you do not desire to stay for the entire meeting, you should be out of there by 6:45 PM.

Guest View-Don Bristow: More Sign Pollution Coming To Oro Valley

Last week the Oro Valley Town Council approved changes to the illuminated sign and ballon sign code.  Businesses will be allowed one additional neon sign within a six foot area. Baloons will be allowed.  Resident Don Bristow spoke against these measures. Here are his remarks and video of is remarks.
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Since Mayor Hiremath and Councilmembers Hornat, Snider, and Waters have been on Council, they have backed over thirty changes to Oro Valley’s sign code. Why and how has there been a need for this many sign code changes? A look at proposed code changes for balloons and illuminated window signs illustrate the flawed basis for changing codes.

Illuminated Signs
On May 20, 2015 council received an approved a request for more and for significantly larger illuminated window signs. Under the current long-standing sign code, a business is allowed one non-flashing small illuminated open/close sign.

The proposed zoning-code amendment will allow a six square-foot area for illuminated signs near a front door. The area can contain one of more signs, and can be anything that relates to the business. For example, a restaurant could have several signs each promoting a different brand of beer.

Based on a records request that I made, there is no documented demand from the business community for bigger or more illuminated area for a window sign. However, there are violation complaints which I have filed due to lack of code enforcement

It is my opinion that the  ongoing failure of businesses to comply with code is due to the lack of code enforcement. As staff continued to receive complaints from regarding the same type of sign code violation, it is clear that the lack of enforcement is deliberate. To stop the complaints that validate the non-enforcement, staff put forth a proposal to amend the sign code, thus eliminating violation and any future need for enforcement.

Balloon Use Code Not Enforced

The use of balloons has always been prohibited in Oro Valley. Why is there a need now?

During a recent three-month period, town staff notified a business, using balloons during a grand opening, that the use of balloons was not allowed. However, staff allowed the balloons to remain.

According to a Caton email: "... after conversation with the [facility] staff, and realizing that the balloons were for a grand opening event, our staff backed off the issue and allowed the balloons to remain."

He continued in a communication to Council Member Snider: . If we are this adamant about allowing balloons, which I know we are, then we need to change the code to allow for balloons. What we have been operating under is a “work-around” and they are easy, but not full-proof"

A New Code Emerges

Work-around means ignoring the use of balloons and not enforcing the code.

In response to the Town Managers directive, staff created a new proposed code for the usage of balloons. Balloons would be restricted to a duration of five days, and only during grand openings or change in ownership. There is no limit on the quantity of balloons. Balloons size can be up to eighteen inches, and be lofted anywhere for eight to fifteen feet from grade when attached to a structure. They can only be use on private property.

My Conclusion

The Town should always consider the General Plan, goals and policies regarding signage and the purposes for sign codes before amending the sign code.

However Town staff, Planning and Zoning Commission, and Town Council have a history of selectively citing only those policies that fit their recommendation or ignoring them. The second common approach used by these bodies is to claim the interest of business are more important than those of the residents.

There is no factual evidence from the Town, the Greater Oro Valley Chamber of Commerce, or individual businesses that illuminated window signs or balloons effectively increase business. Even, the Arizona Sign Association is not aware of any studies about the effectiveness of balloons or illuminated window signs.

It is time to stop revising the sign codes based on the agendas of staff and Council. Changes should be considered based on our general plan, factual needs and benefits.

Oro Valley Marketplace To Add Backside Illuminated Signs To Buildings

Vestar's David Malin, owner and operator of the Town Of Oro Valley subsidized Oro Valley Marketplace, spoke to the Oro Valley Town Council on March 4.

"We are struggling to get new tenants...We need to put the Marketplace on equal footing..." with the shopping center alternatives retailers consider.

How do we fix this problem? By unmaking a nine year agreement between the residents and the Marketplace regarding signage.

 "What I would task all of us to do is ask: 'How do we adjust, how do we in 2015 put our best foot forward so that this shopping center can be successful and profitable for all of us, that it isn't bumping along the way it is. And one way, a big way [to help] is to make this small change'" in the master sign code.

The Majority-4 approved this change by a 4-3 vote.

This vote is a significant change because the vote changes a hard-fought agreement that was forged by residents to prevent excessive light from the marketplace. Council Member Hornat recalled at the council meeting that the original marketplace plan had "lined out" the concept of signs on the back of the building.

The reason that back building signage was not allowed was to protect Oro Valley's Scenic Corridor.

In 2006, after extensive meetings had occurred with residents, the town and developer Vestar, an agreement reached regarding signs. It is designated as the Marketplace's master sign program. It is specific and unique to the Marketplace. That agreement states hat there would be no illuminated signs facing the roadways. This was agreed upon to maintain the beauty of Oracle Road's scenic corridor designation (Scenic Corridor Ordnance)

Oro Valley resident Bill Adler discussed at the meeting why signs on the back were not allowed. Bill had participated in the initial discussions on the Marketplaces' master sign program in 2006. To Bill, it is all about protecting the character of the Oro Valley Scenic Corridor.

"I don't think this meeting needs to hear more about business interest. I think it needs to hear more about what the community interest is." Resident Bill Adler

Previously, in an email to council, Adler had observed:

"I doubt there are many residents now who attended the early development review of the Marketplace and signage. I did. It was the Marketplace's position to place the front of the retail outlets facing inward toward the property, rather than outward. This was to respect the homeowners life style at the west. This meant that signage - which according to code is intended for identification and not advertising - faces traffic in the center rather than traffic outside the center.

The subject of signage on the rear of the buildings toward Tangerine and Oracle came up. It was my position - and still is - that advertising opportunities are significant at the entrances, and that buildings in Rooney Ranch do not have signs on the rear of those buildings even though the buildings can be viewed from First Avenue and Lambert lane. Signs are intrusive and distracting, and are not necessary in providing direction to places of business, which is provided now. The marketplace was allowed to expand sign colors significantly, at their request.

Tangerine and Oracle Roads are scenic corridors. Colorful, illuminated signs advertising toward scenic corridors is contrary to good taste while still retaining a balance of directing customers and respecting views."

Council Member Burns argued unsuccessfully to keep deny the request. He did not see an essential justification for the change. "This was a hard fought issue years ago." He observed that Vestar had no entitlement to have the agreement changed because it has is on sign code.

Council Member Snider disagreed: "They are entitled to it. I have no problem with allowing this... as long as they abide by.." future sign code illumination standards. Council Member's Waters and Hornat agreed.

Their assumption that the Marketplace was entitled to the change was wrong.

Council Member Garner observed that, because Vestar had agreed to their own master sign code, it is not entitled to anything else authorized by the town."

Town planner Paul Keesler confirmed Council Member Garner's statement. Vestar was not entitled to any change.

Things do change. "We have a sign code in Oro Valley. Our codes have been less restricted in current years," according to town manager Greg Caton.

Guest View: Oro Valley Should Enforce Its Sign Codes

We received the following from one of our readers:

In the 9/19 edition of Inside Tucson Business there is a quote from an Oro Valley resident regarding the Town's sign code.

 "If you do write something, I must insist it be remarkably lenient, with education and intervention that occurs much before anyone pays a fine. The last thing I want to see is us having someone pay a fine for a violation on this rule. That would be unacceptable to me."

This quote is from Dave Perry, the ex-editor of the Explorer, and current head of the Greater Oro Valley Chamber of Commerce.

Did anybody in Oro Valley put this guy in a policy making position? Did any Oro Valley citizen vote for Mr. Perry.

The answer is YES.

The Council majority is in agreement with Mr. Perry's stance. The General Plan (a voter written and ratified document) states that signage should be the least intrusive as possible. The council majority disregards the General Plan and allows for a temporary, now 5 years and counting, ordinance that allows for A-frames and banners. Mr. Perry, and his 4 supporters, do not want any fines established for those businesses that violate the sign code.

I wonder if Mr. Perry would want all traffic fines, construction fines, food inspection fines, or zoning fines removed? Mr. Perry is the head of an organization that should be on the forefront of business education. Mr. Perry's organization should insure that no business is in any code violation, and educate them in the ramifications of not following the Code. Instead Mr. Perry rants that business should be exempt from fines and be allowed to do whatever they please, regardless of the existing codes.

Codes and ordinances are established through a public process. Yes it is the Town's responsibility to educate applicants about codes relevant to their business including the ramifications of non-compliance. Mr. Perry, and the Council majority think otherwise.

What are your thoughts?
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Guest View-Don Bristow: "Oro Valley Should Enforce Its Sign Codes"

Oro Valley resident Don Brisow has spent countless hours observing and reporting sign code violations to Oro Valley town staff.  Many of these have been agreed to by staff, with remedial action taken.  Some have not.  

Don is passionate that Oro Valley's sign codes matter and they they should be enforced.  We asked him: Why do sign codes matter?  Here is his response.
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Over the past three years, the Town of Oro Valley sign codes/regulations have changed significantly. Before the changes, there was more of a balance between community and business signage desires.

The current changes have shifted sign codes preferentially to businesses. Presently, the Town approach to signage is more, bigger, and brighter.  In some case,s codes are ignored when considering new signage.  Also, there is ample evidence that the Town operates with a don’t-ask-don’t-inspect approach to enforcing sign codes.

To support these pro-business actions, some members of the Town Council state additional signs are necessary to increase sales tax revenue. However, after three years there is no factual evidence to support their sale tax revenue claim. They further state that if sign code waivers are not allowed, an Oro Valley property tax will be required. This tax would be in addition to the current Pima County property tax.  There is also no basis for this claim.

A balanced sign code does not deter businesses investing in Oro Valley. Businesses are interested in a thriving market area.

While Oro Valley seemingly turns a blind eye to sign codes, the fact is sign codes do matter. Codes that recognize realistic needs of both businesses and residents, balanced codes, do make a difference.

A well-constructed sign code which contributes to the Town will:

• Enhance community character 
• Contribute to community identify and vision 
• Help businesses attract customers Assist motorists and pedestrians in search of businesses 
• Create a sense of place for businesses 
• Reduce tension between the community and businesses 
• Balance aesthetic, economics, and safety needs Protect the street-scape from degradation 
• Control signage competition 
• Assure compliance with current signage case law 
• Improve the processing of permits 
• Empower sign code enforcement 
• Preserve illumination limits Permit type, location, and size of signage 
• Allow varying requirement by Character Area, e.g. downtown, residential commercial, etc.

There are numerous subsections for each of the above and other reason why sign codes matter. However, the above list cites some of the positive impacts on a community where sign codes matter.

Sign codes do matter in Oro Valley!

Don Bristow
Oro Valley Resident
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Oro Valley Essentially Makes A-Frames Use Permanent

Last week, Oro Valley issued a press release allowing the continued use by businesses of A-Frame signs for next 2 years.

'"Although our economy is beginning to recover, we are still on the mend," said Oro Valley Mayor Satish I. Hiremath. "The two-year extension of the temporary relief program ensures continuity of this strategy as the economy continues to recover from the recession.'"

In presenting her justification for recommending this extension, Oro Valley Economic Development Manager Amanda Jacobs responded to some of the observations we had posed in our prior postings. The extension was needed because:

• A UofA economist says that the "...recovery remains painfully slow by historical standards" 
• The 2-year extension shows commitment to the community so that they can be confident in making an investment in the signage.  
• The number 1 complaint of businesses in terms of doing business in Oro Valley is signage (mostly permanent signage).

When asked by Council Member Waters, Jacobs could not provide any fact-based data showing that the businesses using these signs benefited.  The town has not collected this information. She responded by noting that businesses told her that it helped.

Last week, we penned two postings on the sign codes. We had invested the time to travel the town to take pictures of the dozen or so A-Frame signs in use. We concluded that very few businesses use A-Frames.  How beneficial could the signs be?  Since that time, we complete our travels, concluding that many of the businesses using the A-Frames are advertising cheap-priced consumer products or services like:

• First Message: $39
• $299 Queen Set
• Free Coffee
• 5 cent copies
• Nails Special: "10% off"

Is this what the temporary relief intended?

A-Frames do help when there is a store in a secluded site, generally a site that is not facing consumer traffic. An A-Frame is helpful in this instance to let people know that the store is there.  Only one of Oro Valley's A-Frames are used for that purpose. It is the H&R Block at Rooney Ranch.

The council did consider the option of extending the temporary use for 1 year.  "The whole council supported a one year extension. I agreed with some form of extension as well. That is why I voted with Bill and Mike. We lost our vote" for a one year extension, noted Council Member Burns in an email to us.  A one year extension vote would have been unanimous.  However, Mayor Hiremath favored a 2-year extension and a 5-2 council vote, rather than supporting the united council position.

The 2 year extension makes the temporary program a 5 year program.  "How temporary is a temporary code that has been in 5 years?" asked Council Member Zinkin.

Our answer: Its permanent. 

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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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Council To Consider Relaxing Sign Codes Again (Part 2)

Yesterday's posting was about the town Council's consideration this evening of continuing the temporary use of A-Frame signs.  In that posting, we observed that the town provided no fact-based evidence that the use of these signs is, in any way, justified.

Oro Valley's 2005 General Plan and the town's zoning codes do not permit the use of A frame signs. So the only way that the signs can be promoted as if the town Council grant special permits. In order to arrest they would be overriding the wishes of the voters.

We also observed in yesterday's posting that town staff did not even consider why it is the town ordinances do not permit A-Frame advertising.

The Oro Valley Sign Code states the the town should “Promote the effectiveness of signs by preventing sign over-concentration, improper placement, excessive clutter, size, and number.” 

It also should: “Safeguard and preserve the unique character of the Town and create an attractive and appealing community environment in which to live, work, and visit.” (Citizen email to council)

It seemed to us that council should have more than anecdotal information or the possible testimony of vested interests at tonight's meeting in making a decision. They should consider some facts.  For example:

• The town has granted 52 A-Frame permits from 10-12-11 to 9-20-13.
• Yesterday, in a drive around, we found 10 A-Frame signs.
• Rooney Ranch: 5
• Frys Center (Lambert and La Canada):  4
• Walgreens/Ace (First and Tangerine): 1
• Safeway Center (Rancho Vistoso and Tangerine): 0
• Oro Valley Marketplace: 0
• Actual Oro Valley sales tax revenues are ahead of plan through November, according to the report that town Finance Director Stacey Lemos will report tonight.
• Nationally, retail sales are rebounding. ("Wall Street rebounds as retail sales point to healthy economy")

Given this information we wonder why any of the council members would support extending the use of A-Frame signs.  The demand for A-Frames is relatively low over a 2 year period and the use is even lower.  Why would they want to promote clutter?  Why not preserve the unique character of Oro Valley?Why not simply uphold the law?

Every time the Town Council decides to override an ordinance they are violating a public trust.  Sure, there are times when it really is appropriate for a change, even a temporary one. Things however are not today what they were four years ago when the first temporary relief was granted.  The urgency just isn't there.

Let's see what the Council thinks tonight.
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Council To Consider Relaxing Sign Codes Again

It's time, once again, for the majority-4 to renew their commitment to relaxed Oro Valley sign codes.  They gave their approval to relaxed codes almost 4 years ago.  At that time, their stated reason was to help business during difficult economic times.  Then, each year, they've approved relaxing Oro Valley's sign codes. Thus, you see the permanent addition of those lovely A-frame signs, for example.

The approvals have occurred absent any evidence that these relaxed standards actually result in a discernible boost to business.  In fact, there's ample evidence that the relaxation makes no difference:

• Down Home Delights had a big banner sign on Oracle Road, They still went out of business.  The reason: Average food a high prices.
• "The Loop." had similar signs.   It went bankrupt. The reason:  Average food a high process.
• Then there's the AFrame that promotes cheap copies in front of the UPS store in Rooney Ranch.   Next to it is one from "Uniquely Nails," promoting pricing, specials and "Walk-ins Welcome."  

Generally, a business succeeds because it provides a value to the customer that exceeds the cost to the customer.  Signs that reinforce this "consumer value equation" can help increase customer count.

Town Economic Director Amanda Jacobs will ask the council tomorrow to continue the relaxed standards for a period covering the next 2 years.  It is regular item 7 on the council's agenda.  According to her:  53 businesses currently use A-Frames;  2 non profits use A-Frames and  21 businesses use outdoor displays.  She further writes:

"Staff recommends the temporary use of A-frames, non-profit signs and outdoor displays be extended for two years until February 1, 2016, due to the economy continuing to recover. The two year extension shows commitment to the business community and allows them to feel confident in their investment to pay for temporary signage."

One of our reader's questions the wisdom of continue the extension, asserting that:

• The economy has shown considerable recovery since the temporary sign program was put in place;
• At most, the council should consider only a 1 year extension;  and
• There is no evidence that the signage makes a difference.

In her request Development Director Jacobs does not engage in any discussion of the existing sign code.  We wonder is she know why the town does not permit A-Frames in its code?  We surmise that she was told to submit the request for extension and that she did so without investigation or question.  

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Oro Valley's Strives To Be Business Friendly

"Oro Valley strives to be business friendly."

This is an assertion that we have heard from the Oro Valley Town Council and town staff for the past three years.  There is also a similar assertion that Oro Valley was not business friendly in the past.

So, what has changed?

Oro Valley Actively Supports Businesses

There is no way to measure Oro Valley's business-friendliness. One can only point to anecdotal evidence which, by definition is imperfect.  Here's five evidences we've identified, all of which occurred in the past three years:

• Money: Oro Valley now contributes funds to the Greater Oro Valley Chamber of Commerce. The amount this year is $xxx.  The majority-4 on council (Hiremath, Hornat, Snider and Waters) actually increased the spending over what town manager Greg Caton had recommended.  Prior to 2010, when the majority-4 were elected, there was not Oro Valley payment to the Chamber.
• Events: The town now works in concert with the Chamber to build business in Oro Valley.  An example of this is the "Shop Oro Valley Program" and the Oro Valley Cash Mob program.
• Amendments: Developers seem to get their way with the Oro Valley Board of Adjustment. We've written about this already.  We believe that this is because of a rather liberal interpretation of the first of the five reasons why a variance can be granted.
• Access and Assistance:  The Oro Valley Development and Infrastructure Department staff seems to work hand in hand with developers in their submissions to council. Yes. The staff does make changes to the submissions. However, these are all agree-upon well before the council meeting.  Resident concerns are not handled in the same manner. The same cordiality and assistance that is afforded developers is not accorded to residents who oppose projects.
• Relaxes Sign Codes:  The Oro Valley town council has voted several times on more liberal sign codes.

Oro Valley Code Enforcement Is Business Friendly

"As you know, Oro Valley strives to be a business-friendly community; therefore, we take a proactive approach to sign code enforcement and potential life safety concerns, while also trying to accommodate the needs of our businesses, " observed Oro Valley's Consituent Services Coordinator, Chris Cornilson in an email to us.

Sign and outdoor display compliance is the responsibility of the DIS Inspection Compliance Division. The Town has two staff members dedicated to code compliance.  Cornilson's email to us noted four areas of compliance protocol .

1. Staff will always follow-up with citizen complaints and will take the appropriate action based on whether the complaint can be verified as non-compliant
2. Staff performs weekly compliance patrols, specifically looking for violations. 
3. Staff performs bi-weekly compliance patrols on weekends, alternating between Saturdays and Sundays. 
4. Inspection & Compliance staff are cognizant of prohibited actions under the Zoning Code and will notify the manager and code compliance staff when a potential violation has been observed. 

Town staff works with the code violators to seek corrections, rather than simply issuing citations and telling violators to follow our code.

As we have previously posted, Resident Don Bristow has identified a number of sign and display code violations that were simply not identified by town staff. Some have been going on for a long time. Either the town's enforcement officials have not observed these or the town's "gentle" approach to enforcement is simply not working.
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Council Member Mike Zinkin believes that Oro Valley should enforce its laws regardless of what the current "philosophy" may be:  "Codes, Laws, and Ordinances come about through a democratic process. Elected officials pass the laws after hearing from the public. Once these are passed, there should be no need to reinterpret the law based on a philosophy. Either enforce the law or repeal it."  Zinkin continues: " I can go along with a through education process with business and not use a heavy hand. However, after a certain period of time, something must be done."
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Do you think that Oro Valley is more business friendly than in the past?  Do you think Oro Valley's approach to enforcement is working?  Are you pleased with Oro Valley's business-friendly posture?
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Bits and Pieces

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Oro Valley Council Members questioned the unlimited maintenance to which the town would commit related to the "experimental" panels on the sound wall that will built by ADOT.  The problem is that the burden of cost falls on Oro Valley and not on ADOT.  The wall will be 18' tall, that will look like 8' from road level.  The fact that it is an experiment troubled council members.  The item was continued. The council members simply did not have sufficient information on which to make a decision.
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The council re-elected Lou Waters Oro Valley Town Council Vice Mayor.
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Oro Valley Council Member Waters noted, during this Wednesday's council meeting, that there have been 300 school shooting incidents nationwide since Columbine (1999).  Chief Sharpe then discussed the SRO program, introducing the SRO's in the audience.  Mayor Hiremath praised the officers.  As you know, we also have written of this excellent program.
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This week, the Oro Valley Town Council approved four liquor licenses for Great American Playhouse, CVS, CMG Chinese Bistro, and Sprouts.  No discussion was needed. Actually, it was quite an entertaining five minutes.
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"A-frame" signs are not permitted under the Oro Valley sign code.  However, this week, the Oro Valley Town Council Council approved the extension of the temporary use of "A-frame" signs." This is the second extension of the original permission. Looks more like it's a permanent addition to the sign code!
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"Oro Valley has hired Kristy Diaz-Trahan as its next Parks and Recreation Director." (source)  Welcome to Oro Valley, Kristy.
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Bits and Pieces

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This month's Oro Valley economic development report lists Planet Fitness as a identified tenant of the Target Shopping Center (aka Rooney Ranch).  They are a franchise operation. This would be the first facility in southern Arizona.

According to their web site: " To open 1 club requires:

• Total liquid assets of all partners: $500,000
• Total net worth of all partners: $1.5 million

To develop an area(minimum of 5 clubs):

• Total liquid assets of all partners: $1.5 million
• Total net worth of all partners: $3 million

We wonder what the economics of this is given other fitness facilities either operating or planning to operate in or around Oro Valley.
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Read the Explorer's one-sided "no police study" needed piece titled: "OV Police Study Not A Dead Issue."   First of all, the study is not a study of the police. It is a study of the operations of the Police Department and its budget. Second, the study will never see the light of day as long as Mayor Hiremath, and Council Member Waters, Snider and Hornat are on council.  They are the majority. They were endorsed for their positions by the police associations.  They will never vote for this study. 
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For your convenience, we have provided links to web sites of all candidates running for three positions of importance to Oro Valley residents: County Supervisor, County Sheriff, and Congressional District 1.  You can access the links in the "interesting links" section of the right column. The are listed alphabetically with the other "interesting links". 
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Did you now?  "It is illegal to feed javelina and other wildlife, except for birds and tree squirrels, in Pima County?" (A.R.S. 13-2927)
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This from an email message from one of our bloggers regarding Oro Valley's Town Council rejecting any stiffeing of fines for sign code violations:

"Part of the problem is the council approved some latitude in temporary signage because of the bad economy. It will expire in Feb or March 2013. Therefore, violations have no teeth for enforcement. Although Bill (Garner) and Mike (Zinkin) wanted some tough enforcement, the rest of the council denied it last night. The DIS department even left Bill and Mike hung out to dry by backing off the problem that DIS brought up in the first place."
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Though most on the Oro Valley Town Council rubber stamp TREO's quarterly reports, those on the Tucson City Council don't.  According to a repotrt in the Daily Star,  Tucson councilmen Richard Fimbres and Steve Kozachik asked [TREO President Joe] Snell to clarify the [jobs] numbers and provide specific examples of the jobs created.  Snell responded that the numbers don't reflect actual jobs, but are projections based on the numbers given to TREO by the companies it works with."  It seems like its always "smoke and mirrors" when it comes to TREO. (Source: Arizona Daily Star)
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Oro Valley Police receive grant funding from GOHS

ORO VALLEY, Ariz. (September 6, 2012) - The Oro Valley Police Department has received a grant from the Arizona Governor’s Office of Highway Safety (GOHS) for personnel deployments and equipment.  Recognizing the importance of impaired driver interdiction, traffic safety and education, the Oro Valley Police Department works closely with GOHS to ensure that these funds are utilized in an efficient and effective manner.  The Oro Valley Police Department has a commendable history in traffic safety and its zero-tolerance approach to impaired driver enforcement.   This grant will bolster support in achieving our mission objectives – reducing impaired driving and the tragic losses associated with this crime, increase traffic safety awareness through education and enforcement.  Grant funding for $55,390.00 has been approved and available after October 1, 2012.  (Source: Oro Valley Press Release.  Read KVOA Report)
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