Town Manager Error Causes Delay In Kai Amendment Decision. Possible Legal Violation

Failure to post public hearing notice

The Oro Valley Town council voted to continue the hearing on the Kai General Plan amendment to the January 6th meeting. Oro Valley Town Manager Mary Jacobs failed to post notice of public hearing on the amendment. 

A public hearing on a general plan amendment is required before the council can vote. Jacobs had posted public hearing notice for the rezoning that would have been required if the council approved the general plan amendment; but she did not post public hearing notice for the general plan amendment. This notice of public hearing is published as part of the agenda. (See Agenda Item 2)

Mayor Winfield attempted to shoulder responsibility for this mistake by noting that he is responsible for setting the agenda. 

The legal violation is that the town is required by state statute to hear a general plan amendment before year end. They can make the decision after year end but they must hear it by year end. A hearing on January 6. 2021 does not meet this statutory requirement.

Council assignments approved

The Council approved the council liaison to commission assignments. The assignments are shown in yesterday's LOVE posting.

Barrett to serve second term as Vice-Mayor

The council approved Council Member Melanie Barrett as Vice Mayor for a second term. The vote was 5-1. Council Member Solomon voted "no". Council Member Jones-Ivey was absent.
---

Tonight's A Busy Night For Council

Tonight, the Oro Valley Town Council will consider four important items: A staff update on the implementation of the 2016 Your Voice Our Future General Plan; discussion and approval of town board and commission council liaison assignments; the election of the Vice Mayor for 2021; and consideration of the Kai General Plan Amendment. Here's a peak at what is in store.

General Plan Update: 71% of implementation tasks completed

The Town Manager is required to provide an annual progress report on the progress on general plan action items.  There are 310 action items in the plan.  Town Manager Jacobs will report that the town has accomplished 71% of these, either as separate tasks or through ongoing operations. Approximately 75% of the remaining tasks are in progress. 

Proposed board and commission liaison assignments present little change

The proposed council liaison assignments are shown in the panel at right. There are two changes. New members Bohen and Green will replace the assignments of prior members Pina and Rodman, respectively. Bohen will liaison with the Water Commission. Greene will liaison with the Stormwater Utility Commission.

Vice Mayor Selection

The Vice Mayor serves in the role of Mayor when the Mayor is absent.  Melanie Barrett is the current Vice Mayor. We suspect no change here.

"Silverhawke" General Plan Amendment and Rezoning

The town is required to hear general plan amendments by year end. There is one this year. We previously reported on a proposed general plan amendment for the property that in north of and abuts the Silverhawke Development.  It is bounded by Tangerine and First Avenue. 

This property is owned by the Kai Family. They contributed $3,500 to Council Member Solomon's campaign this year.   

Since the first public hearing in October, the applicant revised their request such that approval of the amendment will only require a simple council majority, and not a super, five-vote, majority. 

The applicant is presenting five land use options (shown above, left panel) for the land use rezoning request. This request will only be viable if the council approves the general plan amendment. Council approval of the zoning request will give the landowner the right to pick from any of these options without future council review. 

You can read the details of this proposed amending and the accompanying rezonig here.

---

Guest View: Diane Peters ~ Vice-Mayor selection reveals the hypocrisy of Councilmembers Pina and Solomon

During the December 4, 2019 Town Council meeting, the annual discussion took place regarding who would serve as vice-mayor for 2020. Melanie Barrett served as vice-mayor in 2019. Just one year. Prior to that, Lou Waters served as vice-mayor from 2012-2018. Seven years. Keep that in mind as you continue reading.

Councilmember Jones-Ivey nominated Melanie Barrett to serve for another year, seconded by Mayor Winfield. Councilmember Solomon nominated Bill Rodman, seconded by Councilmember Pina.

Discussions began and the hypocrisy ensued.

Councilmember Solomon’s argument:

“…it’s appropriate that since Councilmember Barrett has already served a year as Vice-Mayor, that it’s time to let another council member step in and serve in that capacity.”

Councilmember Pina’s argument:

“I think that Councilmember Rodman would bring a different perspective to work with the mayor so I’m in favor of Councilmember Rodman being the Vice-Mayor for the following year…Why not give someone else the opportunity?...Why not do something different and have someone that would give a different perspective?”

Mayor Winfield pointed out that regardless of title, they all have the opportunity to share their perspectives and they each have one vote.

A tangled web
According to Pina and Solomon, the necessary criteria for the vice-mayor is:
• they should not serve more than one year
• it should be someone who has different views than the mayor

Interestingly, they felt much differently about this “criteria” when they were in the majority on council.

Lou Waters was the vice-mayor when Pina-Rodman-Solomon were sworn in on 11/16/16 and he had served as vice-mayor for five years at that point (2012-2013-2014-2015-2016).

Yet when Waters was nominated for vice-mayor again for 2017 and 2018, Pina and Solomon never argued that someone else should be given the opportunity or that it should be given to someone with a different perspective than the mayor. They elected Waters with a 7-0 vote to serve as vice-mayor in 2017 and 2018.

In fact, on December 6, 2017 it was none other than Councilmember Steve Solomon who nominated Waters to serve as vice-mayor for 2018…despite Waters already having served as vice-mayor for 6 years at that time. Solomon was just fine with Waters serving as vice-mayor for a 7th year.  (See referenced minutes from 12/6/17 meeting below):

Now that Pina and Solomon are in the minority, they’ve suddenly decided that it’s imperative to give someone else a chance. Waters can serve as vice-mayor for 7 straight years but Barrett can serve for only one year.

Voting Results
Mayor Winfield held a roll-call vote. The vote was 5-2 for Barrett as Vice-Mayor for 2020.

• YES votes: Winfield, Barrett, Jones-Ivey, Nicolson, and Rodman (yes, Rodman)
• NO votes: Pina and Solomon
…
Diane Peters has lived in Oro Valley since 2003, moving here to escape the humidity of the East Coast. She’s been involved in OV politics and development issues since 2006. In 2014, she organized a citizens group, who over a 9-month period, successfully negotiated a controversial 200-acre development project. In her past life, she worked in medical research at various University Hospitals in New England. Her interests include reading, writing, nature photography, travel, art galleries, museums, and politics.