Short Stuff: Last Week's Council Meeting

Here's some of the "stuff" that we have not reported that occurred at last week's Oro Valley council meeting:

• The town's general fund budget surplus of $1.7 million occurred because Oro Valley has yet to pay $2.1 million to Tucson Electric Power for burying wires on Oracle Road. 


• The new water company "automated meter reading program" is still in its implementation phase. The results for those locations installed:  More accurate readings have resulted in increased revenues.  In addition, savings have been achieved because to town does not use meter readers.


• Heirloom Farmers Market's lease of Steam Pump Ranch from Oro Valley includes the right to have liquor as approved on a case-by-case basis by the town manager and the chief of police.  Roxanne Garcia, representing Heirloom, said that the right to have liquor was needed because, from time-to-time, local wineries may want to display their product.

• Council approved by a 7-0 vote the public art for the Sun City Recreation Center.  The art had been approved by a  4-2 vote by the Conceptual Design Review Board.  Kelly Huber, who was put on the Conceptual Design Review Board to bring artistic talent to the board, voted against it because, as Planner Williams noted, she was concerned that this was a "...repeat artist with a repeat theme. She was looking for a more unique concept."


• The Council rejected, 4-3 a proposal to discuss new tax initiatives.  The reason that proposal was put forth was to enable a discussion of a renter's tax.  Read why Council Member Zinkin wanted this item discussed.

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Bits and Pieces

Oro Valley Police Department Alert: School Starts-Be Careful Driving 

"The Oro Valley Police Department (OVPD) would like to remind the community that most private and public schools are back in session this week. Please exercise caution when driving as there will be an increase in children walking or riding bikes.

As a reminder:

• You may not pass a school bus when it stops and displays the stop sign and flashing red lights. All vehicles must stop! This includes both directions of travel when a physical median is not present. 
• The school zone is 15 miles per hour. You must be at or below 15 miles per hour prior to entering the zone. The zone is marked by the first sign as you enter. 
• It is prohibited to pass another vehicle while in a school zone. 
• Please pay attention to the crossing guard's directions and be prepared to stop. 
• School crosswalks require drivers to stop at the point a pedestrian enters into the crosswalk. 
• Please do not text and drive. 

OVPD is anticipating a large amount of vehicle and pedestrian traffic, so we ask that you start your day earlier and give yourself plenty of time for increased congestion. There will also be an increased police presence around schools to ensure safety." (Source: The Oro Valley Police Department Press Release)
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August's HIVE Dates

Here are this monty's Oro Valley high traffic enforcement times for Oracle Road, from Magee to Suffolk.  Six motorcycle officers will be deployed:

• August 12, 2013 4 - 7 p.m. 
• August 14, 2013 4 - 7 p.m. 
• August 22, 2013 4 - 7 p.m.
• August 27, 2013 7 - 10 a.m. 
• August 28, 2013 4 - 7 p.m.

(Source: Oro Valley Press Release)

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Next Week's Meetings: CDRB and Stormwater Utility Commission

The Oro Valley Conceptual Design Review Board has a full agenda when it meets on August 13.  The Stormwater Utility Commission meets on August 15.  They have 9 items on their agenda.

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Score 4 for the good guys:

"Four Suspects Apprehended in Shoplifting Ring

Oro Valley, Arizona (August 6, 2013) – On August 2, 2013, the Oro Valley Police Department (OVPD) responded to a report of shoplifting at Ulta, 11,875 N. Oracle Road. Three adult females and one juvenile female entered Ulta and concealed 40 bottles of perfume, valued at $3,500. The subjects exited the store and left the area in a vehicle. The vehicle was located and items from Ulta, along with numerous items from other stores, were recovered from the vehicle. Evidence indicates the subjects were running an organized shoplifting ring.

OVPD is asking the public for assistance. If anyone has any further information about these suspects, please call 911, 88-crime or (520) 229-4900. All four suspects have been arrested for organized retail theft and shoplifting with an artifice (class 4 felony). The juvenile’s photograph and name have not been provided. (Source The Oro Valley Police Department Press Release)"  (These guys are 20-21 years old! What a shame.)

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MAX Is The Oro Valley Police Department's Newest K-9

Welcome To Oro Valley, Max

ORO VALLEY, Ariz. (August 8, 2013) - The Oro Valley Police Department is proud to introduce the newest member of its K-9 unit. Max is a three-year-old German Shepherd, imported from the Netherlands and purchased from Alderhorst K-9 International of Jurupa, CA.

He is certified in service dog work and has already begun narcotics detection training with the OVPD K-9 Unit. Max will be a dual-purpose patrol and narcotics detection canine and will be trained in search, apprehension and protection.

Max is a replacement canine for one that recently retired. His handler, Officer Roger Reynolds, anticipates being certified as a team in about four to six weeks.
(Source: Oro Valley Press Release)
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Bits and Pieces

"The Town of Oro Valley is accepting applications from local citizens who are interested in serving on the Conceptual Design Review Board (CDRB). To serve on a board or commission, members must be residents of the Town, be available to attend the designated meetings and be committed to the completion of the Town’s Community Academy within their term.

The Conceptual Design Review Board makes recommendations to the Town Council on conceptual designs for new development including conceptual site plans, conceptual architecture and conceptual public art proposals. The CDRB also makes decisions on certain applications and requests including permanent sign criteria (for new multi-building developments), and Tier II Wireless Communication Facilities. The Conceptual Design Review Board is a seven-member Board that meets on the second, and when necessary the fourth, Tuesday of every month at 6:00 p.m." (Source: Oro Valley Press Release)

Submit your application to the town clerk's office.
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Oro Valley resident Marni Allen was the 5 millionth passenger at the Phoenix-Mesa Gateway Airport on Tuesday, July 30, 2013. (Source)
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This month's Oro Valley economic development report is available online. There are a few new items.  Retailer "Fleet Feet" is under construction at Oracle Crossing (Where Sprouts is). The Safeway Center in Rancho Vistoso shows "Artistry Academy Music & Art" as an identified tenant.  El Molinto restaurant is an identified tenant in the San Jose Plaza, which is where "Taste of Chicago" operated.  Click on the links to learn more about these businesses.
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Bits and Pieces

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Scottsdale-based Macaray Homes is planning to build 350 homes in 6 gated sections in what is called: "The Donut Hole".    That is an area of 117 acres. It sits inside an golf course area.  It is bounded by LaCanada on the west, Moore Road on the south, and Ranch Vistoso Blvd on the east. (Map)

Macaray has four developments in the greater Tucson area, two of which are located in Marana (Dove Mountain and Tangerine/Thornydale).  Home prices there start at $260,000 for these properties.

This project is about 117 acres of single family detached dwellings with a recreation area and a connected system of walking paths. There will be 3 or 4 different lot sizes proposed. The proposed density appears to be far below that permitted by zoning." (Source: Oro Valley Planning and Zoning Department).

• Lot Sizes: Approximately 4,000 sq. ft. to 12,000 sq. ft.
• Stories: 1 and 2-story · Individual gated communities · 
• Recreational areas
• Pedestrian trail network 

Current zoning is high density residential on the northern portion of the property; medium density in the mid portion; and a nix high density-medium density on the southern portion.  This zoning would allow up to 1,125 units.  The 350 announced size is less than a third of that.
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A 28 lot, medium density residential property is planned for Rancho Vistoso.  It is to be located at the intersection of Rancho Vistoso and Vistoso Highlands drive.
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"The Oro Valley Conceptual Design Review Board approved plans for Oracle Vista, a 65-bed skilled nursing and memory care facility near North Oracle Road and East Desert Sky Road, north of East Linda Vista Blvd. The 26,000 square foot facility will be a one-story building with two courtyards. Oracle Vista would be operated by a company called Frontier. The board approved of the plans at its March 12 meeting. The development will next go before the Oro Valley Town Council." (Source)
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Did you notice the new signage on the motel in xxx? It's now a Holiday Inn Express.
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The Greater Oro Valley Chamber is sponsoring a golf tournament on April 20.
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"A new report shows there were more than 9,742 deaths in Pima County last year, that's up from 8,383 in 2011. Also last year, more than 300 people died from drug overdoses, mostly oxycodone and morphine related. Cardiovascular disease was the top cause of death followed by chronic alcohol abuse. "(Source)
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Oro Valley Town Council Members Hornat and Zinkin are on the scoping committee for the 2015 general plan update. They are working with town staff to develop the process for the update.
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Our Conclusion: "The Fix Was In"

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We thought we were done posting regarding the Oro Valley Conceptual Design Review Board"(CDBR) on the non reappointment of member Gil Alexander.

Our curiosity was piqued, however, from a comment that Vice Mayor Waters made at last week's council meeting.  We posted a video that includes that comment.  Vice Mayor Waters said that Ms. Huber was the only person to apply for the CDRB position.

We knew that was not the case since Mr. Alexander had wanted to continue on the Board but been denied the opportunity first by Mayor and Vice Mayor Waters; then by the Council on a 4 to 3 vote.

Our curiosity drove us to check dates, dates of when things occurred. Like we said, we hoped that this matter would simply go away; but it won't.

Start with the fact that there were no openings on the CDRB.  Therefore, an opening had to be created in order for an individual to join the DCRB.

Now, follow the key dates:

• October 5, 2012: Gil Alexander sends letter to town clerk Julie Bower requesting reappointment to the CDRB.
• November 21, 2012: Mayor Satish Hiremath sends Gil Alexander a letter telling him that the Council had decided that Gil would not be reappointed to the CDRB.  As we previously posted, the mayors statement was factually incorrect. the Council had not made such a decision. We believe that he, Mayor Hiremath, and vice Mayor Waters had made that decision.  In addition, the letter accused Mr. Alexander of certain actions that were not factually based.
• November 26, 2012: Kelly Huber files her application for appointment to the CDRB.  Note that this is just 5 days after the date of the letter to Mr. Alexander.
• December 7, 2012, a notice seeking applicants for the open CDBR position, is posted on the Oro Valley Web Site.
• January 23, 2013, The Town Council votes 4-3 to not reappoint Mr. Alexander.  
• January 23, 2013: Vice Mayor Waters states that the "town" has been nurturing someone to join the CDRB.
• February 6, 2012, Town Council votes 5-1 with 1 abstention to appoint Kelly Huber to CDRB

It appears that Mayor Hiremath and Vice Mayor Waters rigged this entire deal so that an individual of their liking would sit on the CDRB.  The "fix was in."

Yes. What they did is ethically wrong. They smeared the reputation of one individual so that they could favor another.  Yes. It was a violation of public trust.  And, by making it a rigged deal, it was a violation of town policy which requires open and honest dialogue for these volunteer positions.

The implications of what happened here for appointments to volunteer boards and commissions is significant.  It means that any appointment can be tainted. Any process can be corrupted.  Why bother applying when the process might be rigged? 
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Council Member Water's: "Nurtures" A Town Board Candidate

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At last week's council meeting, Council Member Lou Waters, council liaison to the Conceptual Design Review Board ("CDRB"),  explicitly stated why he did not want  CDRB member, Gil Alexander reappointed:

"We [are] nurturing someone to be a member of CDRB to fill a position that is sorely needed."    It is Council Member Waters' belief that replacing Mr. Alexander with this individual will make "CDRB better".

This now adds a completely new element to a council members role as "liaison" to any board or commission. It is not merely to be a conduit. It is to be a active participant in shaping the membership of a board.

We have included a video of the dialogue among the council members on this  particular part of the discussion.  After Council Member Waters completes his explanation on nurturing a new member,  Council Member Zinkin asks if this move of not reappointing Mr. Alexander is a means of providing an opening for this "nurtured" individual.    Council member Snider  is heard saying  "Yes."   Council Hornat  then says: "If we found a better candidate, we found a better candidate.  It's just that simple."



Is it the responsibility of a town council member to nurture someone for a volunteer position?  These positions are supposed to be open positions for which residents of the town can apply.  If the  board and commission members are already preselected, why does the town go through the process of seeking candidates for these positions? Why are possible volunteers wasting their time going through what is merely a formality? More importantly why are we pretending that the position is available when it is not?

At the end of the discussion, Council Member Zinkin states: "That's not what the letter said."    He is referring to letter the Mayor Hiremath sent to Gil Alexander.   That letter stated that Mr. Alexander was not being reappointed because of some alleged violation of the Oro Valley code of ethics.   As we noted in our posting last Tuesday, Mayor Hiremath was unable to define what that violation actually was,  when he was requested to do so by Council Member Garner. In fact, Mayor Hiremath got angry and slammed the gavel, closing discussion.

As it turns out, it appears that Mr. Alexander was not reappointed to his position on CDRB  in order to make space for this "nurtured" individual.   Rather than be forthright about their true intention, the Mayor and and what appear to be co-conspirators chose to smear Mr. Alexander's reputation.  if this is the case, then shame on them!

We excitedly await the announcement of the individual who is being proposed for CDRB.   We want to see how this individual will make CDRB so much better.
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Guest View-Don Bristow: "Mayor Shenanignans"

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Did the Mayor and some members of the Oro Valley Council violate the Arizona’s Open Meeting Law or just display a lack of ethics? At the January 16, 2013 Council Meeting, the last agenda item covered the reappointment of Mr. Gil Alexander, an honorable town resident, to the Conceptual Design Review Board (CDRB). However, the Mayor had already sent a letter to Mr. Alexander stating that he would not be reappointed to the CDRB. In his letter, the Mayor stated that the Town Council made this decision. During the Mayor’s heated discussion at this meeting, he stated it should have said Council Liaison (not Council). Three of the Council members indicated that they were not aware of this letter or the denied reappointment until it was brought to their attention by Mr. Alexander.   Councilmembers Hornet, Waters and Snider remained silent during the heated discussion regarding awareness of the letter and the reappointment action.

The Town codes clearly state that Board members are to be appointed by Council and Mayor. Mr. Alexander had followed the proper procedure requesting reappointment to the CDRB; therefore, approval or disapproval should have been made by the Council and Mayor.  The January 16, 2013 Council Meeting was the first time Mr. Alexander’s reappointment was on the Agenda.  Why did members Hornet, Waters, and Snider support the Mayor’s actions by their silence?  Were they aware of the letter and privately authorized the Mayor’s actions? This is clearly a violation of the Arizona Open-Meeting Law. If they were unaware, why didn’t they state that or express concern for the Mayor’s action? Why did Vice-Mayor Waters, who is the Council liaison to the CDRB, second the Mayor’s motion, and why did the three of them vote in favor of the motion? These questions reflect badly on the representation Oro Valley residents are receiving from these elected officials.

The Mayor, Councilmembers Hornet, Snider, and Waters did, as usual, vote as a block to deny the reappointment of Mr. Alexander. Their reasons for not reappointing Mr. Alexander lacked substance; one reason being that someone on Council felt Mr. Alexander had no right asking for details of proposals under consideration during CDRB meetings.  The Mayor and his Council allies again showed their inconsistent decision-making.  Recently, these four reappointed a man to the Planning and Zoning Commission; a man who had been formally cited for his unacceptable conduct on the Planning and Zoning Commission

Vice-Mayor Waters angrily indicated he is still nurturing a candidate for the CDRB who will be available to fill a vacancy on the CDRB.  However, Mr. Waters’ hand-picked representative has not yet applied or been appointed. Why is Vice-Mayor Waters so confident this candidate will be appointed? Why should the Vice Mayor be nurturing a candidate for any Board or Commission?

Why do these shenanigans continue?

Don Bristow
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