Reliable Sources Tell Us…

One of our sources sent us the following information after reading last week’s postings about the Planning Department submitting false information in their staff reports and Power Point presentations related to rezoning requests. Apparently, this is not the only questionable thing that they have done. Read on…

The 2005 General Plan (Focus 2020) contained a "Special Area Policy" regarding the property that is now being graded for a 5-story retirement community called Nakoma Sky (assisted living, independent living, and hospice) located at Lambert Lane and First Avenue behind the Home Depot Plaza.

The 2005 General Plan had the property designated as Medium Density Residential with a Special Use Policy that no 2-story homes could be visible from First Avenue. The idea was to hide all the 2-story homes behind the hills so they could not be viewed from First Avenue.

The Planning and Zoning Administrator (Bayer Vella) removed the policy from the General Plan sometime around 2015. This was a voter-approved document. In other words, a staff member arbitrarily amended YOUR plan WITHOUT consulting even with the Council. Removing the Special Area Policy allowed for the approval of the 5-story Nakoma Sky along with additional 2-story buildings along First Avenue.

A policy change made by the Planning and Zoning Administrator can only be appealed to the Board of Adjustment (BOA) and the appeal must be filed within 30 days of the decision. However, because this change was never noticed to the public (transparency?) nobody knew when the 30-day period began.

It costs $250.00 to file an appeal with the BOA and the only argument the applicant can present is to try and prove that the decision was without merit. The BOA decision can only be appealed to the Superior Court.

Without removing that Special Area Policy, there could not be a 5-story building.

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Editor's Note: This is another example of the Town playing fast and loose with rules…always to the benefit of developers and at the expense of the residents. It’s also another example of why Mayor Hiremath and Councilmembers Hornat, Snider, and Waters need to be voted out of office in this year’s Town Council election as they are the ones who approved the rezoning to accommodate the 5-story building.

When developers (rather than the citizens) are at the top of the Oro Valley Organizational Chart, this is what you get:

Oro Valley Council Votes Not To Consider Any Change In The Utility Tax

The Oro Valley Town Council voted 6-0 last week to not direct the town manager to consider a reduction in the Oro Valley 4% utility tax as the town prepares its next 5 year financial plan.

Council Member Waters spoke about the history of the tax and why he, Mayor Hiremath, and Council Members Snider and Hornat doubled the tax in 2010.

Council Member Snider discussed why the utility tax provided useful public funds for public good. She too discussed her reasoning behind supporting this tax.  "Frankly, I've received little feedback saying that people are upset about it," she observed.

Council Member Hornat noted that he would in no way consider a change in the tax.  The town simply can not "afford it."  A1 percentage point change in the tax is worth $720,000 to the town.  "I don't see the point of even considering a reduction."

The council will discuss the tax further in November.

However, at the moment, they will not even consider a change in it.

Watch their remarks.

Tell us what you think.
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The Zinkin Recall: What Is This Really About?

Last week we informed you of the filing of a recall effort on Council Member Mike Zinkin.  Friday night, "KGUN9 On Your Side" broadcast on this.. You can watch it here.

If your read our posting and listen to the KGUN9 piece you might wonder: What is this really about?  Who is behind it? Why are they doing it?

In the interest of disclosure, we asked for and received a copy of the request for records by the wife of Mayor Hiremath's campaign treasurer.  Her name is Jane Allan-Burge. She is a resident of Oro Valley,   The request was dated August 30. 2013.  It requested" "Any and all documents of complaints for any and all town employees including the mayor and council members in reference to behaviors since June 1, 2012. This is the date Council Members Burns, Garner and Zinkin were sworn in.

Who Is Complaining?

We have the response that Burge received.  There is not a lot in this file.  There's maybe 6 complaints regarding Zinkin. Who are they from?

• Kevin Mattocks, President of the Oro Valley Fraternal Order of Police
• Mayor Satish Hiremant (multiple complaints)
• Police Chief Daniel G. Sharp
• Council Member Mary Snider
• Town Manager Greg Caton

There were no complaints from citizens of Oro Valley.

There were no complaints from Oro Valley  non police employees, except for Caton.

What Are They Complaining About?

The simple answer to this question is: Not much.

Here is one example of the alleged "behavior unbecoming a public official" complaints from the materials that Jane Burge obtained:

In a January 20, 2013 letter to Town Attorney Tobin Sidles, Mayor Hiremath alleges that Mike Zinkin is a racist:. The Mayor offers no proof. It is simply a statement of what he thinks:

" ...I believe that council Zinkin and has an issue with race, including me.    As of this date, I am the only East Indian Mayor in the country and I feel that I'm being racially discriminated against with the letters being submitted to the AG's office in addition to the above examples.  I would like this duly noted."   The letters to which the mayor refers our letter sent to the Attorney General (AG) alleging violations of the open meeting law by Mayor Hiremath."    

The mayor wrote this letter a week after he had confronted Zinkin regarding the violation that Zinkin had filed with the AG.

The other complaints relate to something that Council Member Zinkin is alleged to have said. They include the use of an alleged inappropriate word, the telling of an alleged inappropriate joke of Groucho Marx, and an alleged complement given an employee of Oro Valley.

We wrote previously in "OVPOA Goes To War On Mike Zinkin" about the threat that the OVPOA thinks that Zinkin is to public safety.  Zinkin asked for overtime information.
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What We Think

We told the organizers of the 2011 attempted recall of council members Snider and Hornat that we would not support their effort.  Yes.  We agreed that both Snider and Hornat had reneged on a campaign pledge not to increase our taxes.  Yes.  We know that they did increase our taxes.  Still, we felt that there was no compelling reason, no extraordinary circumstance to require a recall.  After all, let's face it, politicians do break campaign promises.

We believe that the Zinkin recall effort has even less merit.  Zinkin has not lied to us. He had done the job he said he was going to do.  If Zinkin is guilty of anything it is that he told a well-known joke of a well know comedian that someone found offensive; and that in an attempt to be friendly, he may say something that is not "exactly politically correct" by today's standards.  At best, these are not reasons for recall.  At best, perhaps these are reasons Zinkin might consider sensitivity training. 

So, what is the recall really all about? It is about politics.  It is coming from Mayor Hiremath and the OVPOA.

Is it wrong for them to try to rob the citizens of Oro Valley of their vote by initiating a recall? 

What do you think?
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Guest View-Diane Peters: "Mary Snider's Colossal Freudian Slip"

The following is a Guest View of Oro Valley resident Diane Peters:
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"During the June 19^th Oro Valley Town Council meeting, a heated discussion ensued on the merits of having the Chief of Police report to the Town Manager vs. the current reporting structure in which he reports to the Town Council.


Councilmembers Zinkin, Garner, and Burns all agreed that, for the sake of efficiency and the fact that council members do not have the expertise to oversee a police department, the best option was to have the Chief report to Town Manager, Greg Caton.  They expressed their trust and confidence in Mr. Caton’s leadership abilities.

Mayor Hiremath and Councilmembers Hornat, Waters, and Snider disagreed and argued for maintaining the current reporting structure.  Then, surprisingly, in Snider’s attempt to explain her decision, she inadvertently sided with the minority when she said:

“This council, we hire professionals.  We hire people who have skills.  We hire department heads who know what they’re doing.  We hire department directors who know what they’re doing.  One of the most critical positions in a community is the Chief of Police and the Town Manager.  We have very capable individuals in there in both those positions.  The professionalism and the expertise and knowledge that it takes to run a police department, we (Town Council) don’t have and we hire a guy that knows what he’s doing…I have the utmost confidence in the partnership between the Chief of Police and the Town Manager.”

Her long-winded narration revealed that she actually agreed with Councilmembers Zinkin, Garner, and Burns.  I wonder at what point during her argument she realized that she had just uttered the longest Freudian slip in history!"

Diane Peters

Oro Valley Resident
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