County Attorney Connover's "Soft on Crime” Policy Causes Need To Bolster Oro Valley Magistrate Court Security

Bid Project Approved with a Caveat
Two weeks ago, the Oro Valley Town Council authorized staff to seek bids on a project to add a sally port to the municipal court remodeling project. The resolution authorizes the bid to be set at no more than $845,000. This amount is the sum of the anticipated savings of nearly $600,000 from the current Phase 1 and Phase 2 projects, plus an additional $245,000 from court system revenues. [Love's previous report]

Need for Sally Port is a direct result of “Soft on Crime” county prosecution
According to Vice Mayor Melanie Barrett: “What we have been experiencing is that we're having difficulty getting Pima County to prosecute criminals who are being apprehended in Oro Valley. So we have criminals of various types being apprehended in Oro Valley, but their cases are getting dismissed at the county level. We are then bringing those people into the town court. That's part of the reason we’re having to increase funding for prosecution, make these facilities available, and enhance the security of the areas where we hold prisoners.”

Hazel: Need for a Sally Port known by town administration and some council members for some time... never discussed in public
Town Magistrate Hazel informed the council that he always envisioned a sally port as part of the expansion project. He even discussed it with some council members. However, it was not included in the project because former Town Manager Mary Jacobs decided against it. That “mistake” continued, and current Town Manager Jeff Wilkins did not include it in the most recent budget approved in June.

Quote from current court remodeling project contractor far too much
Paul Keesler, Director of Public Works, explained why staff is seeking permission to bid the work. According to Keesler: “We’re talking prison-grade finishes here… we went through a large value-engineering effort. This is really cut down in half. We went back to the contractor and said: ‘Okay, you were at a million dollars on your first bid; we cut it in half.’ We expected [the contractor’s bid] to be down around five or six hundred thousand. He came back with a bid of eight hundred fifty thousand.”

That is far too much, according to Barrett: “There is a need for this, but the cost—at a million dollars to build something that could construct a really nice house in Oro Valley…[something that] has two toilets and brick walls—is not what our taxpayers would expect,” observed Barrett.

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Bits and Pieces

“Lift Plant” Sewer Line replacement in Valley Vista as County sues developer...residents forced to use porta potties and wash stations!

In February, we wrote about subsidence affecting two homes and the sewage lift station in Valley Vista. This development is built on the edge of Big Wash. Two significant events have occurred since then. First, in April, Pima County sued Pulte Homes and all parties involved in building the property in a “placeholder lawsuit.” The suit reminds Pulte that Pulte is responsible for remedying any defects found in the lift station. Second, a few weeks ago, one of Pulte’s subcontractors, Hunter Construction, began replacing the sagging sewer lines in that section of Valley Vista. On Tuesday, residents in the area of the lift station found porta potties and wash stations in the street. There’s one set of these for every two homes. Residents have been informally told they will have to use these facilities until the project is complete. There is no announced timetable for the project’s completion.

FOPRG to focus on water conservation
Friends of Pusch Ridge Golf (FOPRG) are dedicated to enhancing the Pusch Ridge Golf Course while addressing water usage concerns. Over the past few years, the course has grown in popularity, with rounds played increasing significantly from 3,875 in 2019-2020 to an anticipated 19,000 in 2023-2024. Despite this success, the use of potable water remains a challenge.

To tackle this, FOPRG has introduced a new mission focusing on water advocacy. They aim to educate the community on water-saving techniques through newsletters featuring tips, strategies, and events. Additionally, they plan to collaborate with the Town and Indigo to implement water conservation measures, such as reducing turf, using drought-resistant grass, and improving water usage audits. This dual approach seeks to balance the recreational benefits of the golf course with sustainable water management practices. (Source: FOPRG Newsletter)

Red Lobster is no more

Red Lobster closed its Oro Valley location earlier this month. The chain has been facing significant financial challenges nationally, including high lease and labor costs, and substantial losses from promotions such as the expanded all-you-can-eat shrimp deal. Earlier this month they filed for bankruptcy. The company plans to use the bankruptcy proceedings to restructure its finances, optimize its real estate footprint, and pursue a sale of its assets. Despite these challenges, Red Lobster intends to keep some of its locations open and operational during the restructuring process.

Oro Valley Receives Federal Grant for Stormwater Improvements
The Town of Oro Valley's Stormwater Utility has secured $210,990.75 in federal funding for Fiscal Year 2024/2025 through the Arizona Department of Emergency and Military Affairs (AZDEMA) and FEMA's Hazard Mitigation Grant Program. This grant will enable essential upgrades to the box culvert outlet structure on Sierra Wash at Via Mandarina, addressing localized erosion concerns and enhancing community safety and infrastructure resilience.

Town Manager Jeff Wilkins emphasized that the funding will maximize the utility of Stormwater Utility Fee dollars, aiding the finalization of the fiscal year budget. The project, set for completion within FY 2024/2025, will proceed following Town Council endorsement. The federal grant, complemented by a $70,330.25 local match from the Stormwater Utility Fee, highlights Oro Valley's commitment to infrastructure maintenance and proactive risk mitigation. This grant marks the second DEMA allocation for Sierra Wash improvements, following previous funding in 2019. (Town of Oro Valley Media Release)

Courts Remodeling Project on Time… and potentially under budget
Judge Hazel, the presiding magistrate of the Oro Valley Court system, provided an update on the remodeling of the Town court at the TMRB study session last month. Last year, LOVE reported on the need for this remodeling. Nothing has changed regarding that need since then. "We are now entering the construction phase. Phase one includes the attorney meeting room and the jury assembly room. Everything is going as planned, and a year from now, everything will be completed," Judge Hazel stated during a recent Courts Study Session.

Hazel emphasized being a steward of the town’s investment. Total bids for the project came in a million dollars less than planned. "That doesn’t mean it’s going to come in that way. That’s why we have to be vigilant throughout the whole process," she cautioned during the Courts Study Session. (TMRB Council Study Session, May 9, 2024)

Timetable for the Oro Valley Marketplace revisioning “Revealed’
Town staff projects that the hotel to be built at Oro Valley Marketplace will go online in February 2026. They anticipate that the Tangerine Road apartments will be available for occupancy in May 2027, and the Oracle Road apartments will be available for occupancy in May 2029. (TMRB Study Session May , 2024)

Enjoy Disc Golf at Pusch Ridge Course
The town is offering disc golf at the Pusch Ridge Golf Course from 7am to 7pm until September 22.

Oro Valley Considers Town Court Expansion

Expansion in the works

The Town of Oro Valley is considering an expansion of the Oro Valley Town Court. This would be the first time that the town has actually added space to that facility. The court is located at the town's municipal complex on La Canada Drive.

The court has been taking over space that was previously occupied by other town functions. For example, there was once a holding cell. Now, however, even more space is needed. 

The court processes misdemeanor cases, cases where charges have yet to be determined, and all civic traffic tickets. The facility is also a place for people to get marriage licenses and seek restraining orders.  Anyone in the state can avail themselves of these two services. One can do these on line or in person.

To bring the facilities up to current security standards

"What this is about is bringing the court up to current security standards," according to James Hazel, the town's presiding judge. Hazel is entering his third year with the town. 

Many things are driving the need for more space

The current facility has a tiny lobby that is dominated by security equipment. This makes screening difficult and requires people to wait outside. There is no separation of court and non court areas, as dictated by the Arizona Supreme Court. Attorneys and their clients have no place to meet or prepare. There is no conference room. Those having to use a restroom must leave the building, causing them to be re-screened. 

Designed to meet minimum standards

Judge Hazel believes that the planned expansion meets current minimum standards. One example of the expansion is shown in the panel right. The additional space, highlighted in green, is in the front and to the left side of the current building, which faces La Canada Drive. 

"Certain requirements are mandated by current code provisions that were passed by the legislature; certain things for restroom sizes and such. The plan for bringing the courtroom up to standards is to have a secure lobby area where people can be screened and wait." He continued: "The only other big change which is needed is that we are going to have places for the attorneys to meet with their clients outside of the back part of the courtroom" which is where they currently meet.

Estimate cost is $3 million, spread over two fiscal years

The town's capital improvement budget lists the project as a two year, $3 million project. Half of that is included in the 2022-23 Town Managers Recommended Budget. 

According the Judge Hazel, this cost is far less than the cost of a new building. "It's been a big project in the design phase in the sense to keep the cost down and we really pared the cost down significantly I think from what it was; especially compared to the cost of the new building. If we were to build a new building it would be $20 million. This [updated] building will last us for the conceivable future."

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Want to learn more about the Oro Valley Town Court? Visit their web site.

One Word Sums Up Last Week's Town Council Capital Budget Study Session: "Laughable"

Laughable

Last week, we reported on the latest staff recommendations on the Town of Oro Valley Ten Year Capital Improvement Program (CIP). The town council held a study session on the program last Wednesday. In our minds, the study session was laughable. The session left more questions than it answered.  Here are our takeaways:

Study session occurred too late at night
There’s really no way to have a productive study session late into the evening, especially after the Council has already discussed pressing matters. In addition, just before this study session, the Council had already sat through a study session on the Vistoso Trails Nature Preserve Master Plan.

The CIP study session was so late in the evening that, by the time Council Member Joyce Jones-Ivey was asked if she had any questions, she was literally giddy. After all, she had been in that room for almost six hours.  Jones-Ivey started laughing and couldn’t stop. We don’t blame her because having a session on something as important as capital spending so late at night is ridiculous. That topic requires a "clear, fresh mind."  In addition, Joyce pointed out that the tiny font used on the schedules that staff provided was way too small to be read by a human being! She is right!

A $3.2 million magistrate court project...
Next year, the Town will start remodeling the Magistrate Court.  The estimated cost for that is $1.5 million each of the next two years. We have no idea why staff proposes this project or why it is proposed for next year because...

...With no detail provided on that or on any proposed project

We cannot tell you more about the Magistrate Court Project, or any other project really, because the packet provided to the Council does not include a detailed description of the project, a description of exactly what is to be done, the reason or justification for doing that project, the return or benefit from doing the project and the basis for the estimated cost of the project. All of of this is best practice in capital budgeting. All of this is missing from the council packet. It is no wonder that Jones-Ivey was laughing because what the Council received last week was laughable.

Thus requiring Council to get "down in the weeds"
Town staff is budgeting replacing "circuit three" street lights in Sun City. Barrett wants that circuit replaced sooner rather than later. Winfield asked why the town should continue to provide street lights in Sun City. After all, Sun City is the only place in town that has street lights. He was informed by staff that the street lights are there for historical reasons. Owning and maintaining those lights was part of the agreement when the town annexed Sun City 45+ years ago. Winfield suggested that is is time to re-examine that situation.

Finding discrepancies accounting among funds
It is necessary for the Council to "get down in the weeds."  Some members of this Council, Tim Bohen in particular, are good at doing that. His tracking of fund transfers, for example, reveals confusing accounting between the Community Center Fund (CCF) and the CIP.

According to Town Finance Director Gephart: “The one that I will highlight is the elevator and the ADA improvements to the Community Center.” These are included in the CIP Fund at the moment. According to Vice Mayor Barrett, these costs are supposed to be in the Community Center Fund. Barrett noted that “The motion for the elevator said that the additional funding would come from the Community Center Fund, so what would happen if we end up paying for all that from the Capital Fund? Would there be a transfer from the Community Center Fund?”. Gephart responded: “Yes. There would be a transfer as long as funds are available.”

Then, there are capital costs related to the creation of the Vistoso Trails Nature Preserve. These are included in the CCF capital budget. They belong in the CIP budget.

No basis provided by staff to Council for prioritizing projects
The staff did not provide nor does the Council have a method for prioritizing projects. Having such is best practice of a capital budgeting process. Council Member Solomon noted that the Town Council needs to separate projects as to whether they are essential, “a must or need”, or something it would be nice to have, “A want”. Then, the Council should agree upon and then apply a "screen" for prioritizing projects within those categories.

Our conclusion

Staff had been requested by Council to hold this session. They conducted the session as if they had been requested to do something that they did not want to do. They were "going through the motion."

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Parks and Recreation Projects Dominate Initial Cut At Oro Valley 2023-24 Capital Improvement Program

2023-24 Oro Valley Capital Budget-first cut- is almost $47 million

This Wednesday, the Oro Valley Town Council will study a $46.9 million capital budget for fiscal 2024. It is the largest capital budget (CIP) in Oro Valley history. Significant capital spending is being driven by the requirement to spend Parks Bond Funds and Government ARPA funds within the next few years. The result is that much of the spending is on parks and recreation and on water projects.

Parks projects are almost half of all spending

There are twenty-one proposed parks and recreation type projects that total $22.9 million. Two-thirds ($15.1m) of this spending is for continuing the buildout of Naranja Park. Even with this investment, future year capital investment plans call for continuing to add to and improve this facility with two additional fields, restrooms, and an asphalt roadway.  Other proposed parks projects for 2024 include doing the LaCanada Golf Course irrigation at a cost of $2million and adding a $1.7million elevator to the Community Center.

$12 million in proposed water related projects to add efficiency and operating flexibility

There are fifteen proposed water projects that focus on the operations and maintenance of the water utility. These are investments in the the storage and distribution of water. Generally, the cost of each project ranges from $100,000 to $200,000. These estimated total cost of these projects is $2.2 million. Generally, this cost stays the same for each of subsequent nine years. 

There is an added $10million in capital investment that appears to be for one-time projects such as the expansion of the booster station on La Canada ($3.7 million) and continued spending to bring water directly from Avra Valley to Oro Valley (NWRRDS). This will allow the town to reduce its dependence on Tucson Water for getting the town's CAP water allocation. We are guessing that the $5.4 million in ARPA funds are being used for the NWRRDS project.

Proposed spending to keep Oro Valley's roads the best in the county

Oro Valley's roads are the best in the County.. probably in the State. The proposed capital budget would spend $6.2 million on roads. A third of this is spending on the town's pavement preservation program. Also, there are several proposed pavement overlay projects, one road reconstruction and "annexation promised" road improvements at Westward Look.  There is also a budget item of $750,000 for "something" to be done at the very busy Rancho Vistoso and Woodburne Ave intersection  (perhaps a traffic light?).

Remaining capital improvement spending is primarily for public safety

There are two other areas of proposed capital spending. One area is public safety. There is proposed capital spend on an expansion of the town court office ($1.5 million) and on vehicle replacement ($1.9 million). The town court project is proposed to continue into 2025 for the same amount.  The vehicle replacement program also continues at about $2million annually for all of ten years included in the proposed CIP plan.

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Bits and Pieces

Process to increase water rates starts Wednesday

Wednesday, the town council will approve posting notice that the town plans to increase water rates starting in August. The public hearing will be in June.  You can read about what is being proposed and its likely impact on water bills here.

New Town Magistrate

Wednesday, Town Council will likely approve a new town magistrate. Current Magistrate Judge George Dusncomb is retiring. The new magistrate will be James Hazel Jr. The appointment is for a two year period starting April 1. He will receive a salary of $160,000 and receive full benefits as do town employees. This includes annual merit increase which average 3%.

Oro Valley has nationally top ranked little league team

The 12U (12 and under) Oro Valley Mets are the top-ranked team in Arizona and third nationally according to National Championship Sports (NCS).

California: Here They Come

We've observed and KVOA Tucson has confirmed that Oro Valley is getting quite a few new homeowners from California.  Welcome, folks! Please take the time to read LOVE and learn about our town.  We are not California, which I why you are moving here. 

Quoted in the KVOA article is one new resident who advises Californians:  "If they are just done with the whole lifestyle that California has, then they should (move here), honestly," he said. Yes. And please leave the politics of high taxes behind.  Also, remember, this is he desert. We don't do grass and we don't waste water.