Oro Valley Adopts International Energy Codes

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Last week, by a 6- 1 vote, the Oro Valley Town Council approved the family of international building codes as Oro Valley's code.  It includes the international energy codes (IECC).   Most council members did so without even reading all of the 700 plus pages that comprise the changes to Oro Valley's code.

One council member was unsure that the town staff had read all of the international and IECC code.

"I clearly do not have the time to go through these codes.  [Town staff] obviously are still trudging through them yourselves," noted Council Member Bill Garner.

Council Member Mike Zinkin noted that there were many things in the 700 pages of code that were not health and safety related.  He was referring to new energy restriction requirements.

Council Member Joe Hornat noted: “The energy thing causes me some grief.”

Council Member Garner spoke: "I’m still having heartburn and trouble over the … sustainability issue."

The "heartburn" some council members were having is this: For some, the code should focus solely on health and safety; and not mandating energy-related compliance.  For others, mandating energy-related compliance is something they feel the have the right to do based on the "general welfare" clause of the US Constitution.

In the end, only Council Member Zinkin voted against adopting the 700 pages of changes.   Two council members, Garner and Hornat, voted to approve the codes, after getting "assurances" from town staff that the code changes did not apply to existing structures.

Addressing town staff Garner noted: "Is there any way for there to be assurances for the public at least so that if something is found within the code that [town staff] weren't even aware of, that there could be some provisions written in there that there could be an appeal process that you can formally document as part of this motion..."

The response from town staff was that the code has a list of things that do not require permits and that pretty much covers anything that you are just replacing.

There was no appeal process added as part of the motion that carried.

So, you ask, why does all this matter?  Why are we so concerned?   Why should you be concerned?  After all, these regulations supposedly only impact new construction.  Let the new homeowner or those who chose to add a room suffer the burden of undue regulation.

It matters to us for two reasons. One, we will all be residents of Oro Valley, whether we own an existing home or a new home.  It is simply morally wrong to require owners of newly-built structures to suffer what some consider over-regulation and an intrusion on their property rights, while we sit idly by because the regulations do not impact us.

Second, the Council did not approve an energy element amendment to the general plan on December 11, 2012.  Yet, in one evening, without any voter approval, the IECC energy elements were added to Oro Valley code.  Town staff, supporters of the IECC codes, introduced the "energy amendment" as a code update.  And your council, trusting of town staff, and without actually doing their diligence, went along with it.

Rather than getting it right, the Oro Valley Town Council simply got it done.

Lazy. Embarrassing.  Far less that we deserve from our elected officials.
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Oro Valley Is Not Immune From Crime

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Last week, the The Oro Valley Police Department arrested 31 year old  Robert Brush, a marketing teacher at Ironowood Ridge.  Allegedly, Brush acted in an inappropriate sexual manner with a student.  What was this guy thinking?

This is yet another sexual exploitation of a minor crime at Ironwood Ridge High School.  Two weeks ago, Melissa Ann Dalton, and Ironwood Teacher, was sentenced to three years in prision for her crime, which occurred in 2012.

Saturday, we reported the robbery of the Rancho Vistoso Bank of America branch, the third Oro Valley bank robbery in the past two years.

Last week, the police department issued its monthly update of its police statistics.  For 2012, there were:

• 2 Homicides
• 65 Residential Burglaries
• 553 Thefts

In March, the police responded to:

• 82% of most urgent calls  within 5 minutes. The average response time was 3:37. The goal is 90%
• 97% of the lowest priority within 10 minutes. The average is 7.19 minutes.

Our police are also busy delivering citations, most, we suspect, along the Oracle or Tangerine Corridors.   In January and February there were:

• 368 citations for speeding
• 204 citations for insurance violations and
• 101 for registration violations.

These three categories comprise 70% of the 966 violations issued.

These numbers, the arrests at Ironwood Ridge, and the bank robberies remind us all that Oro Valley is not immune from crime.  Having an alert, responsive police force matters.  

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Council Approves 2013-2014 Budget

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The Oro Valley Town Council approved the fiscal 2013 budget by a 5-2 margin last Wednesday. The dissenting votes were Council Member Garner and  Council Member Mike Zinkin,  They both want to see greater introspection of police spending and more funds allocated to areas such as parks and recreation and cultural services.

Council Member Burns voted for the budget as a show of confidence in town manager Caton, though at a previous council session he had said that he would not vote for this budget.

According to Finance Manager Stacey Lemos, the budget was the result of five month's of activities. There are two changes that were made from the town manager's recommended budget. One was to increase the funding the the Greater Oro Valley Chamber of Commerce to $30,000 from $20,000. The second was the move the remaining $197,000 in the library fund to the current budget, designated as a "council-designated contingency reserve." This is a reserve of funds that the council can designate for whatever use it wished. There were no other changes to the budget.

Lemos reminded the council that it can amend the budget at any time it wishes during the fiscal year.

There were a number of people who spoke at the public hearing.  None of the comments changed the budget in any way:

Resident John Musolf observed that the town has already spent, over the years, more than $600,000 on studies and surveys related to the Naranja Town Site.  He asked why the town needs to spend another $80,000 for external consultants to do a Naranja town site.  John's comments were ignored.

Several speakers spoke to extol the virtues of police chief Danny Sharp. They included Richard Tracey Sr., an Oro Valley resident with police experience. Tracey was a major contributor to the campaigns of Mayor Hiremath and Council Members Waters, Snider and Hornat.

Tracey "likes what he sees" when it comes to the efficiency of the The Oro Valley Police Department.  "We have a safe community and well run police department."  He criticized Council Member Zinkin for even questioning the police budget in any way.  Apparently, to Mr. Tracey, Council Members should be "seen buy not heard."  Zinkin later noted that his question of the police budget has nothing to do with Chief Sharp.

Resident Don Bristow noted:  "Its interesting on how everyone is focusing on [Chief] Danny Sharp when the real issue is the budget.  Obviously, the 14% increase, bigger than any other department, the Council should be asking questions." He noted that it is the job of those on council to question the budget.

Town resident and employee Carmen Traveso noted that hearing, several weeks ago, that having employees even pay a portion of their own health premiums was really distressing for her.  "We haven't had raises in four years."  Also, she noted, that "Im a good representative of  what this time is a made of...it is the employees that make this a great place to live."  Council Member Zinkin apologized for making this suggestion at the last council meeting.  "I have utmost respect for the town's employees."

"There's more to a balanced budget than dollars and cents. There's also the service obligation," noted resident Bill Adler.  He noted that there is not money in the budget for historic preservation.  There was, however, thanks to Council Member Snider, an extra $10,000 to give to the Chamber.
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Saturday Special: Bank Robber Sought

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ORO VALLEY, Ariz. ( May 18, 2013) - On May 17, 2013 at approximately 5 PM hours Oro Valley Police Department responded to the Bank of America in the 12000 block of north Rancho Vistoso in reference to a bank robbery. The suspect entered the bank and demanded money from a teller. No weapon seen or implied. The suspect is described as a hispanic or white male, unknown age, approximately 6'0 feet in height, medium build, wearing a dark bandana over his face, olive green floppy hat, dark sunglasses, long sleeve green shirt, blue jeans and brown hiking boots. After the suspect took an undisclosed amount of money he left the bank in a north bound direction, unknown if there is any vehicle associated with him at this time. An extensive search was conducted with no suspects located.


OVPD is asking for the public's assistance in this case. If anyone has any information on the suspect, please call 911, 88-crime or the OVPD at (520) 229-4900.

Click To Enlarge

Source: The Oro Valley Police Department Press Release
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Bits and Pieces

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The following is from an email message we received:

""Streetcar Named Tucson's Fiasco"" "Interesting piece in today's Az Star about Strretcar delays, and consultants fees. It seems our former Mayor Loomis will be paid almost $400,000 for his consulting work!! How is this possible, why are the citizens of Tucson Metro so apathetic. Don't we all realize the money for these consultants come right out of our pockets?? This Streetcar situation is disgusting, and hopefully we will have answers as to how this situation got so out of control."
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Town Of Oro Valley is seeking a consultant to drive the communications aspect of the 2015 General Plan update.  Click here to view the bid solicitation.  The bidders conference is May 30, 2013 at 11:00 AM in the Town of Oro Valley Administration's Kachina Conference Room
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Click here to read year-to-date Oro Valley Police Department crime and safety statistics.
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This is from another email message we received:

""We are house hunting in AZ. Property taxes in OV are double what the property tax is in Scottsdale - Desert Mountain. Why is this? It certainly impacts our thouight process on where to seriously house hunt. Further, it really hurts current OV property owners who are hoping to sell to out of state retirees. I note OV is hoping to impose a property tax over and above the county's , is this true? If so, how much more?"

We informed the writer that Oro Valley does not have a property tax.

Let's hope it stays that way forever.
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Council Meeting humor:  Joe Hornat's: "One question... five parts."
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Planning and Zoning Commission Votes To Approve U-Haul Facility

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The Oro Valley Planning and Zoning Commission voted last week to approve a UHaul facility for the Ace Hardware located at Tangerine and First Avenue. Their approval occured even though there is no provision in the code for truck rental. There is one for auto rental.

Oro Valley planner David Williams noted, at the hearing, that an automobile and/or car are the same as a truck for code purpose; therefore, the Oro Valley Code for car rental facility also apply to a truck rental facility. William's interpretation is considered to be an administrative decisions that can be challenged at the Board Of Adjustments.  Generally, it is the applicant who makes the challenge.

"If the code was intended to include truck rentals the code would have used vehicles as the Use Category and included Trucks and other vehicle type within the “Specific Use Types”", writes resident John Musolf.  He continues: "I rented hundreds of car rentals and never once called a car rental facility to rent a truck. I also rented a number of UHaul trucks to help relatives move and always called a Truck Rental Facility to obtain a truck. They are not the same."

Does town staff interpret town code so as to find and loosely match a use that will conform to the applicant’s request?  For example, Mr. Williams  recently inrecommending a use for the Desert Sky/Oracle memory care facility as a “skilled nursing facility" so a conditional use permit could be granted on that basis. His basis for doing so was the it looks like a skilled nursing facility on the outside.

The town had recommended granting the permit with the provision of an 8' wall to screen residential view of the trucks. The applicant rejected the idea. The Planning and Zoning Commission helped out the applicant by amending the permit to include trees, hedges, or some method of vegetation as the screening requirement instead of wall modification.  Exactly, we ask, how is this going to be enforced? Who is going to maintain this vegetation?

Next step:  The Oro Valley Town Council will hear this item at a future session.
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(John Musolf contributed to this posting)

Removing The Police Department From Oro Valley Politics (Part 2)

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Yesterday's post gave the history behind why Chief of Police Sharp reports to the seven member town council and not to the town manager.

As we have heard so often from Council Member Mary Snider, we are Oro Valley and we are unique when it comes to our police.

Yes. We are unique when it comes to our police.  In most Arizona communities, the chief reports to the town manager for budget and evaluation purposes.  In some, the town manager can hire and fire the chief.

But, not in Oro Valley.  Instead, there is a situation in which the police have extraordinary influence and power. A situation in which they are able to assert major influence over politicians and elections.  They are able to do this because no one is responsible for monitoring and evaluating their operations or, in the present case, their spending.

Mayor Hiremath's position is that the council should not "get into the weeds", when it comes to the 2013-14 town manager recommended budget.  We ask: Who, exactly, challenges the police budget, Mr. Mayor, if you don't; because it is not Mr. Caton's responsibility to do so?  You must get "into the weeds"on the police budget, Mr. Mayor.  In 2011, you voted for that to be so.
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Today, there is no oversight of the police budget.  It is not Town Manager Caton's job.  He has no authority to do anything that involves the police because the department does not report to him.  It is of no benefit for him to get involved without that authority. In fact, it would be political suicide.

There are only 3 members of council who have challenged the 2013-14 police budget.  That is too few to make an impact because a vote of 4 would be required.

At the May 1 council meeting, Council Member Zinkin offered some challenge to the police budget.   Council Member Garner discussed the need for greater efficiency in police spending.

Council Member Burns recommended that the council consider changing the reporting relationship of the police chief back to the the town manager, so that some significant oversight would occur.  He noted four reasons to return to the town manager police and evaluation model, a model that appears to be relatively common among Arizona communties:

1. The Council does not adequately provide the professional oversight required;
2. This change in the reporting relationship would remove the police department from being the political "football" that it has become;
3. The town is being run by professionals, as Mayor Hiremath has so often noted. These professionals should oversee the police department; and
4. Oversight by the town manager would increase the synergy, for example, resource sharing, among town departments and town resources.

Council Member Zinkin, having surveyed the reporting relationships in a number of cities and towns, agrees with Brendan.  "I intend to make it an agenda item in a future meeting."

Council Member Joe Hornat said that he is open to listening to a discussion of the pros and cons.  Hornat also voiced confidence in the management abilities of current Town Manager Caton.

Former Council Member Barry Gillaspie, the lone vote in 2011 against removing the town manager from police oversight, continues to agree with his stated position: "I still stand by the statement," Barry said during our talk with him last week.  He noted that the current set-up allows the police department to play a game of "divide and conquer" among the 7 "bosses."  Please 4 and you win!  The police department budget deserves scrutiny.  It gets no scrutiny now.
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We don't know if the council will discuss the situation. We don't know when they will discuss it. We don't know if the council will seek to change the situation. We do know, however, that it is a worthwhile conversation because the size of the police budget and its fast growth rate deserve scrutiny on behalf of the people of Oro Valley.
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