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Home My WebLink AboutPackets - Council Packets (1808)Stine, Michelle From: Sirois, Andrea Sent: Tuesday, June 20, 2023 8:21 AM To: Stine, Michelle Cc: Hynd, Jessica; Standish, Michael Subject: FW: Disc Golf and the future of Pusch Ridge Golf Course FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 -----Original Message ----- From: Lisa D'Angelo Sent: Tuesday, June 20, 2023 8:17 AM To: Town Council <council@orovalleyaz.gov> Subject: Disc Golf and the future of Pusch Ridge Golf Course Mayor Winfield and Town Council, Here we are yet once again at the corner of frustration and uncertainty about our neighborhood's future. It is beginning to feel that we are being purposely targeted. Many of us bought our patio homes in El Conquistador for a retirement lifestyle. Many of us have bought membership to the resort to enjoy the amenities up there. This community was built for that purpose and has been part of the resort for 40 years. Yet here we are again worrying about the land on which we live. We worry that we will once again live on a "dirt track" in a year so. The town is inflicting this angst on seniors in their 70s and 80s, which is not right. This neighborhood (and many "Friends of Pusch Ridge Golf") work tirelessly to promote and market the course to a very diverse demographic of users. Resort and hotel guests, families, young adults, U of A students, seniors, and four weekly leagues come, pay, and enjoy this course. Why is this not being celebrated and why NO enthusiasm on the part of the town staff, council and particularly Parks and Recreation to build upon that success? The lack of interest and enthusiasm is evident with the lack of maintenance and upkeep of the golf and tennis grounds these past two season. We never see a regular maintenance crew come and clean up trash, let alone take care of the grass or mow (what's left of it). Instead, neighbors come and pick up trash, buy flower pots, etc otherwise it would be a disaster area. Where is Parks and Rec when it comes to presenting a quality product and Town image. It is like they don't even care or see it. When is the last time the director of Parks and Recreation has come over to the facility? We developed and executed a comprehensive marketing plan for the 2022-23 season resulting in a profitable operation with no tax burden on town residents. Yet NO effort has been made to research ways to make the course environmentally stable for a year round operation. Why? Was that not the council directive to staff in the 2/17/2021 motion? Parks and Recreation instead got very busy with the Tucson Disc Golf Club to ramrod a disc golf operation through (with no town council approval). It is fascinating to see how enthusiastic they become when personal interests are involved. I believe disc golf would be a wonderful addition to our town amenities. It is a growing sport. But it belongs on what the Parks and Rec own master plan says as a "conservation area/trail park system area" NOT inches away from patios where homeowners, sit, eat , and enjoy their property. I ask that you please address the elephant in the living room -the future of Pusch Ridge Golf. Are you willing to invest in this facility to make it sustainable. The demand for 9 hole golf in Oro Valley is proven. There is no other 9 hole course in NW Tucson. Will you support your 4 diamond Resort by keeping this a course also for their guests, as the resort generates significant sales and bed tax dollars for the town. It seems to me that all these things go "hand in hand". Can we put aside politics and do the right thing for Oro Valley? Thank you. Lisa D'Angelo Sent from my iPad WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. III WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. PA Stine, Michelle From: Sirois, Andrea Sent: Wednesday, June 21, 2023 8:24 AM To: Standish, Michael Cc: Stine, Michelle Subject: FW: Pusch Ridge Disc Golf FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 From: kelly windsor Sent: Tuesday, June 20, 2023 5:14 PM To: Town Council <council@orovalleyaz.gov> Subject: Pusch Ridge Disc Golf Hello, I don't live in one of the Pusch Ridge HOAs, but I do drive by the 9 hole golf course every day. I've been watching the Disc Golf course with interest because I thought the DG tournaments were pretty cute. It was nice to see crowds of enthusiastic young people out there and there didn't seem to be any negative effect on the golf course. The summer DG season has so far been a different story. I have never seen a soul on the course except for weekend mornings. Imagine my shock today when I stopped by the 4th green and saw that huge gouges had been dug out of it by the discs. Given that the course revenue must be extremely low, I suspect it's going to cost more to repair the course in the fall (if even possible; Indigo would know) than it brings in in revenue. Perhaps significantly more. I'm not under the impression that golf course greens can be fixed with just a little grass seed. I just have to wonder if this is the best place for the disc golfers. Respectfully, Kelly Windsor Oro Valley resident Stine, Michelle From: Sirois, Andrea Sent: Tuesday, June 20, 2023 1:13 PM To: Standish, Michael Cc: Stine, Michelle; Hynd, Jessica Subject: FW: Disc Golf and the future of Pusch Ridge Golf Course FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 From: Mary Forsythe Sent: Tuesday, June 20, 2023 10:21 AM To: Town Council <council@orovalleyaz.gov> Cc: Subject: Disc Golf and the future of Pusch Ridge Golf Course Dear Mayor Winfield and Oro Valley Council Members, I respectfully ask each of you to take time to read Lisa D'Angelo's letter below. She has clearly laid out our wishes as well as our community's. As a resident of Arizona and the EICon neighborhood, my husband Tim and I implore you to include us in your representation! We've all worked so hard to make our retirements here as promising as we hoped for when we purchased our homes. Please don't change the rules of our golf contract midway after we have diligently worked to keep up our part of the contract. Please, please hear us. We want a beautiful and successful 9 hole golf course. Disc Golf doesn't belong here. The course is simply too narrow, the existing 9 hole golf design does not work for disc golf. Sincerely, Mary and Tim Forsvthe Begin forwarded message: From: Lisa D'Angelo Subject: Fwd: Disc Golf and the suture of Nusch Ridge Golf Course Subject: Disc Golf and the future of Pusch Ridge Golf Course Mayor Winfield and Town Council, Here we are yet once again at the corner of frustration and uncertainty about our neighborhood's future. It is beginning to feel that we are being purposely targeted. Many of us bought our patio homes in El Conquistador for a retirement lifestyle. Many of us have bought membership to the resort to enjoy the amenities up there. This community was built for that purpose and has been part of the resort for 40 years. Yet here we are again worrying about the land on which we live. We worry that we will once again live on a "dirt track" in a year so. The town is inflicting this angst on seniors in their 70s and 80s, which is not right. This neighborhood (and many "Friends of Pusch Ridge Golf") work tirelessly to promote and market the course to a very diverse demographic of users. Resort and hotel guests, families, young adults, U of A students, seniors, and four weekly leagues come, pay, and enjoy this course. Why is this not being celebrated and why NO enthusiasm on the part of the town staff, council and particularly Parks and Recreation to build upon that success? The lack of interest and enthusiasm is evident with the lack of maintenance and upkeep of the golf and tennis grounds these past two season. We never see a regular maintenance crew come and clean up trash, let alone take care of the grass or mow (what's left of it). Instead, neighbors come and pick up trash, buy flower pots, etc otherwise it would be a disaster area. Where is Parks and Rec when it comes to presenting a quality product and Town image. It is like they don't even care or see it. When is the last time the director of Parks and Recreation has come over to the facility? We developed and executed a comprehensive marketing plan for the 2022-23 season resulting in a profitable operation with no tax burden on town residents. Yet NO effort has been made to research ways to make the course environmentally stable for a year round operation. Why? Was that not the council directive to staff in the 2/17/2021 motion? Parks and Recreation instead got very busy with the Tucson Disc Golf Club to ramrod a disc golf operation through (with no town council approval). It is fascinating to see how enthusiastic they become when personal interests are involved. I believe disc golf would be a wonderful addition to our town amenities. It is a growing sport. But it belongs on what the Parks and Rec own master plan says as a "conservation area/trail park system area" NOT inches away from patios where homeowners, sit, eat , and enjoy their property. I ask that you please address the elephant in the living room -the future of Pusch Ridge Golf. Are you willing to invest in this facility to make it sustainable. The demand for 9 hole golf in Oro Valley is proven. There is no other 9 hole course in NW Tucson. Will you support your 4 diamond Resort by keeping this a course also for their guests, as the resort generates significant sales and bed tax dollars for the town. It seems to me that all these things go "hand in hand". Can we put aside politics and do the right thing for Oro Valley? Thank you. Lisa D'Angelo 2 Sent from my iPad WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. 3 Stine, Michelle From: Sirois, Andrea Sent: Wednesday, June 21, 2023 8:42 AM To: Standish, Michael; Stine, Michelle Subject: FW: Pusch Ridge Golf course & disc golf FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 From: Edna Murph, _ Sent: Wednesday, June 21, 2023 8:38 AM To: Town Council <council@orovalleyaz.gov> Subject: re: Pusch Ridge Golf course & disc golf I'm a homeowner in El Conquistador Patio homes & am level with the course. I'm ok with having the occasional Pro Disc Golf tournaments but not having the course taken over by continual disc golf by a hap hazard group of players. I, along with a number of other residents, question how this was instigated/approved without the input from the 3 HOAs, who help subsidize this course & the town council. There is the security aspect of this especially for the single women who live in this neighborhood but the lack of monitoring the play after hours. This 9 hole course has been a success over the last 2 years, with increased rounds of golf/over 16,000 this past season. Please take into consideration the agreement that was made with Friends of Pucsh Ridge Golf and not make changes without keeping us the loop. Please reconsider this & let's continue with this course being a successful 9 hole course. Thank you for your time. Edna Murphy WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. Stine, Michelle From: Sirois, Andrea Sent: Wednesday, June 21, 2023 9:56 AM To: Standish, Michael; Stine, Michelle Subject: FW: Disc Golf At Pusch Ridge 9 Hole Golf Course????? FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 -----Original Message ----- From: Jill Radel Sent: Wednesday, June 21, 2023 9:34 AM To: Town Council <council@orovalleyaz.gov> Subject: Disc Golf At Pusch Ridge 9 Hole Golf Course????? I never thought I would be writing this email again - expressing the same concerns I had in regard to earlier plans for the future of the Pusch Ridge 9 Hole Golf Course. It was such a relief to have been given an opportunity with a 3 year plan to turn things around. And it was working..... Disc Golf???? That would be my personal worst nightmare. My property is likely the easiest property to access - it's just a matter of putting one leg over the wrought iron fence located on the slope off the second tee, and you would be in my back courtyard - three feet from my bedroom. I am a 75 year old female residing there alone and this frightens me. I've seen disc golf fail miserably in other places. It requires more open space = more open public space and not a location on a narrow fairway, surrounded by homes. It's an invitation for damage and an open door to those not necessarily there to throw a disc. Please, please reconsider. Please allow the homeowners most affected, to have that 3rd year to complete the revival of that magnificent and challenging 9 hole golf course. Thank you for your consideration and for your work in the community. Jill Radel WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. 1 Stine, Michelle From: Sirois, Andrea Sent: Wednesday, June 21, 2023 11:22 AM To: Standish, Michael; Stine, Michelle Subject: FW: Pusch Ridge GC FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 From: John Keeler Sent: Wednesday, June 21, 2023 11:20 AM To: Town Council <council@orovaIleyaz.gov> Subject: FW: Pusch Ridge GC Dear Council, I would like to add another thought to my email from earlier today. In my almost 40 years ..... I have been a member of a couple of private clubs, I actually own a share of a semi -private course near my summer home in upstate NY, but I have mostly played public and municipal courses. In all those years and situations ..... I never volunteered to repair and rake bunkers, pull weeds, fix ball marks, fill divots, remove brush, repair stone edging along cart paths, unearth yardage markers, pick-up broken tees on the tee boxes..... until I came to Pusch Ridge and joined the early Wednesday group of volunteers. I was able to make it many Wednesdays.... but there are several who make it every Wednesday. Where else have you seen that outpouring of dedication, commitment, and level of interest in a golf course...that people will pay to play there and .....then come Wednesday mornings volunteer to help take care of it. I know of no other group anywhere that is doing that. Regards, John From: "John Keeler" To: "council@orovalleyaz.gov" Cc: Sent: Wednesday June 212023 1:14:28PM Subject: Pusch Ridge GC 1 Dear Council, It has come to my attention that you are considering a shift in the direction of Pusch Ridge away from being primarily a traditional golf course. If you were to poll the people that have played golf at Pusch Ridge you would hear the words .... fun, challenging, unique, special. Those are powerful words that any marketing executive would love to hear about the product or service they were offering. Why even consider a different direction now that we have proven in the last two years the viability, level of interest, level of play and community spirit that exists around Pusch Ridge. As someone who has played virtually every Monday and Wednesday from the start to the finish of the last two seasons .... I implore you to reconsider. Pusch Ridge 'Golf Course'....... is a gem with incredible potential.... not only as a golf course but as the focal point of a very special community. With a bit more TLC from the grounds crew, Pusch Ridge could be one of the most fun, challenging and picturesque 9 hole courses in the country. I have been playing golf for nearly forty years and have played all over the country from Pebble Beach to PGA National.... host of the Honda Classic .... to TPC River Highlands.... host of this week's PGA Tour stop. And many many more marquee courses as well as countless private, public and municipal courses ..... Pusch Ridge is unique and worth investing further resources..... not fewer. The Monday morning men's league is a prime example of how unique and special Pusch Ridge is ..... at most courses, players tend to play with the same people week after week..... but on Mondays we are always playing with different people and then (often as many as 40) gathering afterwards on the patio for an hour or two of conversation, bonding and comradery. No where else have I seen or been a part of such a wonderful experience. The Wednesday afternoon mixed couples league .... The Prickly Pairs .... is also very special and unique. As is the case at most other courses, they will play a 'Nine and Dine'..... but again people tend to play with the same people week after week. On Wednesdays we mix it up so everyone gets to play once or twice per season with everyone else, and then 35- 40 of us will go up to the Hilton for drinks and dinner or we all go to another nearby restaurant for dinner to also support the many nearby restaurants in Oro Valley. Please consider the financial impact locally, the lost comradery that traditional golf fosters, the lost connection to the surrounding community and the impact on the home values surrounding PR if the course is neglected. It is safe to say, traditional golf has been around for centuries and there are literally many millions of golfers, compared with the relatively miniscule number of disc golfers. Thanks for the opportunity to present my thoughts regarding Pusch Ridge. Regards, John z WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. 3 Stine, Michelle From: Sirois, Andrea Sent: Thursday, June 22, 2023 1:16 PM To: Standish, Michael; Stine, Michelle Subject: FW: Rebuttal to Council member Bohen's declaration of fraud by the Friends of Pusch Ridge Golf FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 From: Anthony DAngelc Sent: Thursday, June 22, 2023 12:46 PM To: Town Council Cc: C Subject: Rebuttal to Council member Bohen's declaration of fraud by the Friends of Pusch Ridge Golf Mayor Winfield and members of the Town Council, As President of Friends of Pusch Ridge Golf I feel I must respond to Councilman Tim Bohen's wild allegation that somehow Friends of Pusch Ridge Golf has participated in a fraudulent misrepresentation of the performance of golf on Pusch Ridge. Friends of Pusch Ridge Golf was formed to encourage golf play on the course, assist the Town and Indigo Golf in marketing golf play and to create a welcoming and fun experience for Oro Valley residents and visitors who choose to play golf. Our mission is also to work with the Town on finding ways to make the golf course more environmentally sustainable. We do not run the course nor do we create any of the performance metrics of the course. We use the performance reports provided by the Town's golf contractor, Indigo Golf Partners to evaluate the impact of our efforts. We do not receive Indigo's financial reports for Pusch Ridge until after they have been distributed to the Town Council. If Councilman Bohen doesn't believe the numbers presented, it would seem that he is in a better position to verify them than we are. 1 Based upon what we are given, the first two years of Pusch Ridge Golf Course operations has required no tax subsidies — in both years, the course revenues have exceeded course operating expenses. Councilman Bohen asserts that Indigo's performance numbers are overstated. He provided no evidence. Nor did he offer any reason why Indigo Golf Partners would choose to overstate performance. They have no contractual incentives to do so. Overstating golf rounds would impact revenues per round and profitability. Overstating revenues would certainly be caught by the Town's Finance Department and outside auditors. Indigo Golf Partners is part of Troon Golf which is a major golf operator with a stellar reputation. Why would they risk that? During this past golf season, given the potential days of operations and hours of play available, the course had the potential to sell approximately 32,000 rounds of golf. The first year, available rounds were approximately 30,000 rounds. This would require four golfers to start play every 15 minutes from opening until close, regardless of weather. That's a tall order for any golf course operation to fill every tee time, every day. During the time the Town operated Pusch Ridge Golf and prior to the reopening and support of Friends of Pusch Ridge, the course averaged around 4000 rounds. The first year of operations in 2021-2022 the town established a budget of 6675 rounds. It ended the year at 15,248 rounds. This season over 16,000 rounds. Performance represents over 50% of available rounds played. That is considered very good. During the second season the average rounds played per day was 86. Again, quite strong given the weather challenges we had. It is also important to understand that this is a "fast, fun and affordable" 9- hole golf course — it is positioned to serve players out to have fun, not to those who play every day, rain or shine. Councilman Bohen says "he has been out there" and does not believe the course averages over 80 rounds a day. I did see him one day sitting in a chair Friends of Pusch Ridge Golf bought for the course. I was out there almost every day, talked to the pro shop team, reviewed the tee sheet and talked to golfers. I also checked the Golf Links booking engine via the GolfNow app multiple times a day to monitor how many tee times were available. Yes, there would be no shows and cancelations but I remain convinced the numbers reported were accurate. Of course, there was more play on some days vs. others. There was also a need for balance to keep it a fun experience. The Indigo Golf Pros made the decision to not overload the course with players given the skill levels of the target audience. It is more important to have players have a good time and return than to pack the course. We did not make up the numbers. I absolutely believe the 86 rounds per day was real. It is also important to note that our commitment to the Town was to create an experience that welcomed all levels of golfers. We especially encouraged families to introduce children to golf. After 2:00 PM daily, kids 15 and under played free with a paying adult. Families took advantage of this and the numbers of "comps" reflected the kids free play. This impacted the revenue per rounds some but we still believe the overall financial performance was a success plus remember this is a municipal facility and not intended to be a profit center. Councilman Bohen also asserted the best revenue weekends were during the Disc Golf Tournaments. It is important to point out that these tournaments would not have come to the course had it not been restored to a quality, green golf course. This is why ESPN broadcasted one event —the beauty of the course and the views make for great TV. These tournaments were required to buy out all tee times to provide for exclusive use, of course the revenues were strong. Again, without it being a golf course, the attraction would not have been there. By the way, we have supported scheduled and managed disc golf tournaments during the golf season from the beginning if they provide the Town extra income, support tourism and do not harm golf operations. Councilman Bohen scoffed at the notion that the Town would introduce golf and disc golf on the course at the same time. That is exactly what Parks and Recreation first proposed nearly a year ago when they first met with us regarding disc golf. We had only had one year of operations under our belt and we feared this concept could only hurt what we were trying to create in terms of a golf experience. That is why we asked the Town Council to clearly keep golf and disc golf separate. Councilman Bohen asserts that golf in Oro Valley cost the Town over $4,000,000 to operate this year. I believe he is trying to conflate the number by including the approved investment for the new irrigation systems on the 36-holes. By his logic, we would have to say Naranja Park cost over $17,000,000 to "operate" this year. Capital investments are separate from operating expenses. Golf operations — revenues from user fees and product sales minus the costs to generate those revenues will show a positive number. No other town recreational asset is performing this well and Councilman Bohen should know that. Currently the Town is "testing" public play disc golf on the course for the summer at the same time the Town chooses to let the course go dormant — only maintaining the golf greens to keep them alive. The course is brown, with many patches of raw dirt exposed. It is not a pretty sight and it is unfair to the residents who live there. Not surprisingly, the course is averaging only about ten rounds of disc golfers a day paying $10 a round. I doubt anyone would pay the premiums to host a tournament under these conditions. For some reason, Councilman Bohen does not like Pusch Ridge Golf or the Friends of Pusch Ridge Golf. He says he is now a disc golf player. We don't believe the distraction of public play disc golf will help us with the sustainability of the golf course. He is entitled to his opinion and his recreational preferences. He is not entitled to disparage us for trying to provide the Town's residents with an amenity that is well received. We believe quality of life matters in Oro Valley. We don't expect others to pay for the benefit of a few. That is why we have worked so hard to broaden the appeal of the golf course in the community and residents and visitors have responded. We know we have a water challenge and we want to work with the Town to mitigate it. We know the first step was proving there was sufficient demand to justify the effort. We believe we have done that and we appreciate the response from the community. It seems very unfair to be accused of misrepresenting reality with no evidence. Shame on an elected town councilman for treating hardworking residents this way and thank you Oro Valley residents and businesses for supporting our efforts. Finally, I want to thank Mayor Winfield, Vice Mayor Barrett, and council members Greene, Jones - Ivy, Nicholson, and Solomon for being open to our concerns and approving the motion that asserts the Town Council's authority to define how the Pusch Ridge Golf Course is used and when it is used. Respectfully, Tony D'Angelo Resident and President of Friends of Pusch Ridge Golf WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. 4 Stine, Michelle From: Sirois, Andrea Sent: Thursday, June 22, 2023 3:44 PM To: Standish, Michael; Stine, Michelle Subject: FW: Council Meeting - June 21, 2023 FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Counci Town of Oro Valley Direct Line: 520-229-4714 -----Original Message ----- From: Anna Bifar Sent: Thursday, June 22, 2023 2:57 PM To: Town Council <council@orovalleyaz.gov>; Cornelison, Chris <ccornelison@orovalleyaz.gov>; Darryl Janisse Subject: Council Meeting -June 21, 2023 Dear Mayor Winfield, Council Members, Chris, Darryl and Jeff I just read the email that Tony D'Angelo sent regarding last nights meeting, so I won't waste your time repeating most of the information that he already clearly articulated about Friends of Pusch Ridge, our core focus, and the numbers that we closely monitor as a measurement of the courses's success. I will say, that I agree and support everything he shared. Mayor Winfield, I have participated in many of your meetings and always appreciated the professional and courteous way you communicate with the council, staff and participants. Thank you for giving us the time to speak about the course last night. As you can tell, we feel passionate about the course and the positive outcomes we've achieved together - it is a recreational amenity for all ages and play levels and has brought people together that would have never had the opportunity to meet. Our team has contributed our diverse professional expertise to market the course, local restaurants and the value of our tourism in Oro Valley. Many of us have consulting, legal, financial, entrepreneurial, marketing and managerial backgrounds. We've put all this expertise together and devoted it to Pusch Ridge and Oro Valley. In the course of the meeting, where many of us were present in person and on zoom, it was beyond belief that Councilman Bohen would look directly at us and say that our HOA financial contribution was "nothing" compared to the $1 Million expense to run Pusch Ridge. It was disconcerting, unfounded and I believe inaccurate. We have evaluated the numbers provided and shared them through all possible outlets - our 700 friends, Social Media, Pod Casts, Newsletters, local hotels, etc. We would not share the numbers if we thought in any way that they were inaccurate. Our efforts are focused on the continued growth of Pusch Ridge Golf, supporting a Town owned asset with revenues, protect our property values and as I mentioned last night, promote the availability of golf that 22 percent of respondents stated was a priority item in the last Park and Rec Survey. To have Councilman Bohen use the term "fraud" after we presented our sincere thoughts, requests and concerns is certainly not representative of the core values that we expect of our local government. Using the word fraud is a very serious accusation. Thank you to all of you that worked hard on clarifying and voting on the motion presented by Councilman Solomon. We appreciate your support. Anna Bifano, Vice President Friends of Pusch Ridge Golf Landscape Chair El Conquistador Patio Homes. WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. z Stine, Michelle From: Sirois, Andrea Sent: Friday, June 23, 2023 2:27 PM To: Standish, Michael Cc: Stine, Michelle Subject: FW: Call to Audience Comments Follow Up Flag: Follow up Flag Status: Completed FYI From: Edward Clary Sent: Wednesday, June 21, 2023 8:38 PM To: Greene, Harry <hgreene@orovalleyaz.gov> Subject: Call to Audience Comments Good Evening Dr Greene, I had intended to attend this evening's Council Meeting and address you and your colleagues during Call to Audience, but unfortunately, due to unforeseen circumstance, at the last minute I was unable to attend. I'd like to pass on the comments I had intended to make. As always, thank you for your attention and your service to Oro Valley. Respectfully, Ed Clary "Good Evening Mayor Winfield and members of the Council. My name is Ed Clary, and I'm a resident of Oro Valley. Today I'd like to discuss the application of zoning codes in our Town. My wife and I are trying to build an external garage/storage building on our property. We recently submitted a building design for permitting, which turns out to be in violation of zoning code - its apex is a couple feet too high. This is the contractor's doing, but in an attempt to minimize the impact of the situation, I spoke directly to Zoning staff. I was told that the design would require a variance or waiver in its current form. I inquired what I would need to do. The answer was a very professional, "Well a variance is if you cannot meet code for some reason, and that's not the case here, your design certainly could meet code, so in theory we would need to examine a waiver, but we never grant any waivers of this specific type." I was a bit surprised by the immediacy and finality of the statement, and said, "Never?" to be answered again with "Never." Discussion over, lock, stock and barrel. Honestly, in and of itself, this doesn't bother me — there are zoning codes for a reason, and all should abide by them, even if, as in our case, the building in question will not even be visible from our street and even the only neighbor who would see it does not object to it in any way in its current form. That said, we will redesign to meet code, the mistake was unintentional; that was always our intent! But, this begs a really big question. Why, if I, as just a regular citizen of Oro Valley who wishes to improve my property in such a way which literally effects NO ONE other than as described above - why does the Oro Valley Church of the Nazarene get innumerable attempts to rezone their property in such a manner that is vigorously opposed by all their neighbors who are not congregants, as well as an expanding number of community groups and blogs, which demonstrably reduces the property values and quality of life of their neighbors, and which the P&Z commission itself voted down as incompatible with its neighborhood? It doesn't pass the common sense or basic fairness tests. The rumor mill has it that the Council is being legally advised that they must acquiesce to OVCN's demands, as there are possible conflicts with federal law in regards to religious exclusions. There are good lawyers on the other side of the story who say that while OVCN may have a basis to make such a claim, (meaning it won't be summarily dismissed) it is by NO means a done deal legally. Every right in our society has limits, aka —1" Amendment notwithstanding, you can't shout "fire" in a crowded theater. Common sense dictates that OVCN's assertion that a sports complex is required to exercise their religion, at the expense of their neighbors certainly tests the limits of any sort of religious exemption allowance. So, in the absence of a clear legal path, despite what you might be being told, I respectfully submit that should the OVCN project ever come before you for a vote, you simply do the right thing. Vote it down — it simply isn't the right location for such a project. Neighbors know it, P&Z staff know it, the P&Z Commission knows it, and I think you probably do too. Don't be intimidated. Don't buy in to OVCN's assertions that the "neighborhood has changed" and therefore justifies this — the only significant change to this neighborhood in the last 20+ years has been OVCN's previous expansions! Treat OVCN as you do all other citizens/entities in this Town, and hold them to the same rules that all the rest are required to follow, and who are told, "we never grant any waivers of this specific type." Respectfully, Ed (& Martina) Clary WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. Stine, Michelle From: Sirois, Andrea Sent: Friday, June 23, 2023 2:36 PM To: Standish, Michael Cc: Stine, Michelle Subject: FW: HOA agreement Attachments: attachment 1.docx FYI From: Greene, Harry <hgreene@orovalleyaz.gov> Sent: Friday, June 23, 2023 2:34 PM To: Sirois, Andrea <asirois@orovalleyaz.gov> Subject: FW: HOA agreement From: Ray Dissenger Sent: Tuesday, June 20, 2023 3:40 PM To: Solomon, Steve <ssolomon@orovalleyaz.gov>; Greene, Harry <hgreene@orovalleyaz.gov>; Tony DAngelo ;John Cronin <_ Niranian Vescio Subject: Fwd: HOA agreement Steve and Mo, I've attached the complete agreement and the cut and highlighted applicable sections This is the recital - the town was thinking about closing or repurposing - the HOAs objected so we had an agreement to operate as a golf course in exchange for financial contributions - clearly disc golf is repurposing and not in accordance with the agreement D. In 2020, the Town considered closing and/or repurposing the 9-hole Pusch Course. E. The Associations objected to the Town closing or repurposing the Pusch Course based on the beauty and uniqueness of the course and the potential negative impact that either action would have upon their members' property values. F. The Parties thereafter discussed ways to resolve these differences. G. Included in these discussions were proposals for the Associations to make financial contributions to the Town in exchange for the Town continuing to operate the 9-hole PuschCourse. The town obligation to operate PR as a golf course - no mention of other uses 5. Town Obligation to Continue Operating the 9-hole Pusch Ridge Course, operated as a Golf Course: The Town will act in good faith to continue operation of the Pusch Ridge course as a golf course for three (3) years and up to five (5) years as follows, contingent upon 1 continued operation of the Pusch Ridge as a golf course as determined by the Oro Valley Town Council once Town Staff returns with their analysis as required in this Section: When the course is not open for golf then maintained in a manner "reasonable and customary" - we asked for an example(s) where another use (DG in this case) The town pushed for this because they didn't want to water & care for the course C. The Parties agree that outside of any Golf Year, or whenever the Pusch Ridge Course is otherwise legitimately closed for golf play, the Town agrees to maintain the Pusch Ridge Course only in a manner that is reasonable and customary for an Arizona golf course when not open for golf play. The town can expand golf play - DG despite the name is not golf. When we wrote the agreement, I pushed for a yearly meeting to discuss more golf. The town "softened" it to this option. Side note - Chris Cornelison, Joe Andrews and I were the primary drafters of the agreement g. Nothing in this Agreement limits the Town from expanding golf play outside of any given Golf Year. On a continuing basis the Town will evaluate the possibility to expand the operation of the Course but is not obligated to do so. Our letter which you have a copy of was our notice - we have consulted with our HOA lawyer. She is confident in the areas I addressed 8. Breach: If any of the Parties become aware of a material breach of this Agreement by any party to this Agreement, it shall promptly notify all non -breaching Parties in writing of the claimed material breach with reasonable detail. Within thirty (30) calendar days of a claimed material breach, the parties will jointly meet and communicate with each other in person in a good faith effort to resolve the claimed material breach, and the party in claimed material breach has thirty (30) calendar days to cure said breach to the reasonable satisfaction of the other parties. Failure to timely cure said breach in accordance with this provision allows for the immediate termination of the entirety of this Agreement. In theevent of a material breach by any of the Parties entitles the non -breaching Party, in its sole discretion, to pursue all legal rights and claims against the Party in breach, including but not limited to asserting its legal rights against the Party in breach for the breach and recover damages, enforce security rights, if any against the breaching Party under paragraph 4, above, and/or terminate this Agreement. Interest on unpaid or untimely paid monies to the Town shall accrue interest at the prime rate of interest as published in the Wall Street Journal on the date monies are due plus 3%. Any breach by the Town would require it to return all payments made by an Association during the payment year of said breach in a timely manner, or interest will accrue as stated above. All changes require agreement in writing 14. Modification: The terms of this Agreement cannot be modified except in a writing signed by the Parties. The bottom line - we are not necessarily opposed to DG ...... BUT believe first off it requires a modification to our agreement AND approval by town council. That modification must clearly define a summer of 2023 only exception, that golf year three starting in November will NOT include DG and if the town is interested in DG they need to explore other venues. We are disappointed with town staff. We had agreed to 90% of their plans for DG but once we made it clear it required an addendum to our agreement they stopped talking and moved forward. We are concerned that there appears a close relationship between TDGA and parks and Recreation. We are concerned that it appears town council was not part of the DG decision A big thank you for supporting the course. It has been a tremendous success and we believe focusing on irrigation and turf issues to ensure the long term viability of the course is essential. I'm in NC BUT will speak via zoom. Let me know if you need any more information Ray Dissinger El Con HOA president Sent from my iPad Begin forwarded message: From: Ray Dissenger Date: June 19, 2023 at 9:48:52 PM EDT To: Tony DAngelo Subject: HOA agreement WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. the HOA agreement Sent from my iPad PUSCH RIDGE 9-HOLE GOLF AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into by the TOWN OF OROVALLEY, an Arizona municipal corporation ("the Town") with EL CONQUISTADOR RESORT PATIO HOMES ASSOCIATION, INC., an Arizona nonprofit corporation ("HOA I"), SHADOWS OF THE RIDGE HOMEOWNERS ASSOCIATION, an Arizona nonprofit corporation ("HOA 2"), and SHADOWS OF THE RIDGE AT EL CONQUISTADOR PATIO HOMEOWNERS ASSOCIATION, an Arizona Nonprofit Corporation ("HOA 3") (collectively "Associations"). In this document, the Town and the Associations are collectively referred to as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Town, as of the date of this Agreement, owns and operates three golf courses. (The "Town Golf Courses"). B. The Town Golf Courses consist of the 18-hole Conquistador Golf Course, 18-hole Canada Golf Course, and 9-hole Pusch Course. C. The Associations are homeowner associations with governance authority over certain real property adjacent to the Pusch Course, including member residences and common areas. D. In 2020, the Town considered closing and/or repurposing the 9-hole Pusch Course. E. The Associations objected to the Town closing or repurposing the Pusch Course based on the beauty and uniqueness of the course and the potential negative impact that either action would have upon their members' property values. F. The Parties thereafter discussed ways to resolve these differences. G. Included in these discussions were proposals for the Associations to make financial contributions to the Town in exchange for the Town continuing to operate the 9-hole Pusch Course. H. On February 17, 2021, the Mayor and Council for the Town passed a motion to continue operating the 9-hole Pusch Course with certain contingencies. I. One of these contingencies directed Town staff to negotiate with the Associations for their financial contributions as specifically stated in the minutes of the February 17, 2021 Regular Meeting of the Mayor and Council for the Town. J. This Agreement is intended to memorialize the Parties' agreements, satisfy the then stated contingencies, and to avoid future disagreements. In consideration of the above accurately stated Recitals, the mutual promises and covenants stated in this Agreement, and other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: AGREEMENT 1. Definitions: For the purposes of this agreement the term "Year" means a "Golf Year" running from a time to be determined by the Town on or about November 1, to on or about May 1. 2. The Associations' Obligation to the Town: The Associations will annually, for up to five (5) consecutive years starting on February 1, 2022, pay the Town as delineated in this Section. After year three (3), continued payment to the Town by the Associations' shall be contingent upon continued operation of the Pusch Ridge as a golf course as determined by the Oro Valley Town Council once Town Staff returns with their analysis as required in Section 4 of this Agreement: a. El Conquistador Resort Patio Homes, $28,800; b. Shadows of the Ridge Association 1, $1,950; c. Shadows of the Ridge El Conquistador Patio Homes, $3,300. 3. The Town, as a reminder, will submit an invoice to the Associations at least thirty (30) days before each of these annual payments and payment is due as provided above in Section 2, of this agreement. 4. The Associations will exercise all rights it has under its respective declarations, covenants, conditions and restrictions and other governing documents including rights to levy assessments, impose liens, and otherwise collect sufficient funds from the respective Association members in order to pay this financial obligation to the Town. 5. Town Obligation to Continue Operating the 9-hole Pusch Ridge Course, operated as a Golf Course: The Town will act in good faith to continue operation of the Pusch Ridge course as a golf course for three (3) years and up to five (5) years as follows, contingent upon continued operation of the Pusch Ridge as a golf course as determined by the Oro Valley Town Council once Town Staff returns with their analysis as required in this Section: a. The Town will fund through the 0.5% sales tax any ongoing operating deficit less the agreed contribution from the HOAs for a period of up to five (5) Golf Years, subject to the provisions of this agreement. If, in any given year that this Agreement is in effect, the operating deficit of the Pusch Course is zero or the course is able to generate a profit, the parties agree to meet to consider possible changes to the Associations' and Town's obligations under this agreement. Any such changes shall be formalized in accordance with section 14 of this agreement before becoming enforceable. b. Should the Town find a Lessee for the Pusch Ridge Course, then this agreement shall become null and void releasing the parties from performing any of their obligations and/or obligations as delineated in this agreement. The effective date for nullification of this agreement under this section shall be the same as the effective date for the lease of the Pusch Ridge Course to a Lessee. 2 c. The Parties agree that outside of any Golf Year, or whenever the Pusch Ridge Course is otherwise legitimately closed for golf play, the Town agrees to maintain the Pusch Ridge Course only in a manner that is reasonable and customary for an Arizona golf course when not open for golf play. d. The Town will fund ongoing maintenance and the restoration of the course for a projected opening in fall 2021 on or near November 1, 2021. e. The Town will oversee the Town's golf management company regarding management of the operation. f. The Town will promote the use of the golf course along with its other courses. g. Nothing in this Agreement limits the Town from expanding golf play outside of any given Golf Year. On a continuing basis the Town will evaluate the possibility to expand the operation of the Course but is not obligated to do so. h. By the end of year three (3), Town Staff shall have evaluated and returned to the Oro Valley Town Council with an analysis of the continued feasibility, capital improvement requirements including alternatives for water usage, potential new configurations and the possibility of a third -party lease for the Pusch Course to determine ongoing Course feasibility in accordance with Town Council's direction in February and March 2021. i. If the Oro Valley Town Council decides it is feasible to continue to operate the Pusch Course as provided in this Section, this Agreement shall remain in full force and effect for an additional two (2) years. ii. If the Oro Valley Town Council decides it is no longer feasible to continue to operate the Pusch Course as provided in this Section, this Agreement shall terminate immediately relieving the Parties from any further compliance with the terms and conditions of this Agreement. 6. Security to the Town: The El Conquistador Resort Patio Homes' financial obligation to the Town is secured by the commitment of its Board of Directors to maintain at least the following cash balances in a single bank account held by a national banking association doing business in Pima County, Arizona, and by its further commitment to levy and collect assessments from its members should there ever during such periods of time be unforeseen conditions causing or threatening to cause such account to have less funds than as stated: $30,000.00 between January $30,000.00 between January $30,000.00 between January $30,000.00 between January $30,000.00 between January 15 2022 and March 31, 2022; 1, 2023 and March 31, 2023; 1, 2024 and March 31, 2024; 15 2025 and March 31, 2025; 1, 2026 and March 31, 2026. Should the El Conquistador Resort Patio Homes default in their obligations hereunder, the Town may pursue its remedies including by legal process against such account. The name of the national banking institution and the account number has been provided to the Town prior to execution hereof, and the account and institution may be changed by written notice from the El Conquistador Resort Patio Homes to the Town. Shadows of the Ridge Association 1's financial obligation to the Town is secured by the commitment of its Board of Directors to maintain at least the following cash balances in a single bank account held by a national banking association doing business in Pima County, Arizona, and by its further commitment to levy and collect assessments from its members should there ever during such periods of time be unforeseen conditions causing or threatening to cause such account to have less funds than as stated: $2,500.00 between January 1, 2022 and March 31, 2022; $2,500.00 between January 1, 2023 and March 31, 2023; $2,500.00 between January 1, 2024 and March 31, 2024; $2,500.00 between January 1, 2025 and March 31, 2025; $2,500.00 between January 1, 2026 and March 31, 2026. Should Shadows of the Ridge Association 1 default in its obligations hereunder, the Town may pursue its remedies including by legal process against such account. The name of the national banking institution and the account number has been provided to the Town prior to execution hereof, and the account and institution may be changed by written notice from Shadows of the Ridge Association 1 to the Town. Shadows of the Ridge El Conquistador Patio Homes' financial obligation to the Town is secured by the commitment of its Board of Directors to maintain at least the following cash balances in a single bank account held by a national banking association doing business in Pima County, Arizona, and by its further commitment to levy and collect assessments from its members should there ever during such periods of time be unforeseen conditions causing or threatening to cause such account to have less funds than as stated: $3,800.00 between January 1, 2022 and March 31, 2022; $3,800.00 between January 1, 2023 and March 31, 2023; $3,800.00, between January 1, 2024 and March 31, 2024; $3,800.00 between January 1, 2025 and March 31, 2025; $3,800.00 between January 1, 2026 and March 31, 2026. Should Shadows of the Ridge El Conquistador Patio Homes default in its obligations hereunder, the Town may pursue its remedies including by legal process against such account. The name of the national banking institution and the account number has been provided to the Town prior to execution hereof, and the account and institution may be changed by written notice from Shadows of the Ridge El Conquistador Patio Homes to the Town. 4 7. Valid Authority to Execute: Each individual signing this Agreement on behalf of an entity represents and warrants to all of the parties to this Agreement that said individual has the authority to execute this Agreement and bind the entity. Moreover, the Associations each represent that they are separately legally authorized to execute and deliver this Agreement, and all other documents referenced herein, and has all necessary or required consents necessary to bind it, its members, and any sub -associations it oversees. 8. Breach: If any of the Parties become aware of a material breach of this Agreement by any party to this Agreement, it shall promptly notify all non -breaching Parties in writing of the claimed material breach with reasonable detail. Within thirty (30) calendar days of a claimed material breach, the parties will jointly meet and communicate with each other in person in a good faith effort to resolve the claimed material breach, and the party in claimed material breach has thirty (30) calendar days to cure said breach to the reasonable satisfaction of the other parties. Failure to timely cure said breach in accordance with this provision allows for the immediate termination of the entirety of this Agreement. In the event of a material breach by any of the Parties entitles the non -breaching Party, in its sole discretion, to pursue all legal rights and claims against the Party in breach, including but not limited to asserting its legal rights against the Party in breach for the breach and recover damages, enforce security rights, if any against the breaching Party under paragraph 4, above, and/or terminate this Agreement. Interest on unpaid or untimely paid monies to the Town shall accrue interest at the prime rate of interest as published in the Wall Street Journal on the date monies are due plus 3%. Any breach by the Town would require it to return all payments made by an Association during the payment year of said breach in a timely manner, or interest will accrue as stated above. 9. Attorney Fees and Costs: If any Party fails to perform any of its obligations under this Agreement, or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, taxable court costs and reasonable attorney fees 10. Information and Cooperation: The Parties agree to provide each other with any information, documents, and cooperation reasonably requested to fulfill the purpose of this Agreement. Moreover, each party will, whenever and as often as it shall be reasonably required by any other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents as may be reasonably necessary in order to complete the transactions and agreements herein provided and to do any and all other acts and to acknowledge, execute, and deliver any and all documents which may be reasonably requested in order to reasonably carry out the intent and purposes of this Agreement. 11. Construction: This Agreement shall be construed as a whole and in accordance with its fair meaning and without regard to or considering any presumption or other rule of law requiring construction against the party preparing this Agreement or any part hereof. If any provision or term of this Agreement shall be held or determined to be unenforceable, the balance of this Agreement shall nevertheless continue in full force and effect, unaffected by such holding or determination. In addition, the waiver of any provision does not constitute a waiver of any other provision or obligation hereunder. 12. Governing Law: This Agreement is governed, interpreted, and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. 13. Venue: Any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court 14. Modification: The terms of this Agreement cannot be modified except in a writing signed by the Parties. 15. Captions: The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. 16. Assigns, Representatives, and Successors: This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. 17. Effective Date/Term/Renewal: This Agreement shall be effective from the date of execution by all parties, conditioned upon approval of the final terms of this Agreement by the Town Council. This Agreement shall remain in full force and effect through May 1, 2026, unless sooner terminated as provided herein. This Agreement may be extended only by written agreement of the Parties. At the Town's election, and with sufficient notice to each Association prior to the end of the initial Term, the Parties agree to negotiate in good faith for the purpose of establishing a successor to this Agreement. 18. Complete Agreement: This Agreement is the complete, entire, integrated Agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written, oral, express, or implied. The Parties, in executing this Agreement, did not rely on any statement, representation, or warranty except as expressly set forth in this Agreement. 19. Counterparts and Signatures: This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. In addition, facsimile or otherwise electronically scanned signatures are deemed to be sufficient and originals. The date the last party signs this document is the date of execution. 2 20. Force Majeure: Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. BY SIGNING BELOW, THE PARTIES WARRANT AND AGREE THAT THEY HAVE READ ALL OF THIS AGREEMENT, FULLY UNDERSTAND THE CONTENTS AND EFFECT OF THIS AGREEMENT, AND THAT THEY APPROVE OF AND VOLUNTARILY ACCEPT THE TERMS AND PROVISIONS OF THIS AGREEMENT. 7 TOWN OF ORO VALLEY, an Arizona municipal corporation ATTEST: Michael Standish, Town Clerk Date By: Mary Jacobs, Town Manager, as Authorized. Date: , 2021. Mary Jacobs APPROVED AS TO FORM: Tobin Sidles, Legal Services Director Date EL CONQUISTADOR RESORT PATIO HOMES ASSOCIATION By: , as Authorized. Date: , 2021. SHADOWS OF THE RIDGE ASSOCIATION 1 By: _ Date: 2021. , as Authorized. SHADOWS OF THE RIDGE EL CONQUISTADOR PATIO HOMES ASSOCIATION By: , as Authorized. Date: , 2021. n Stine, Michelle From: Sirois, Andrea Sent: Friday, June 23, 2023 2:38 PM To: Standish, Michael, Stine, Michelle Subject: FW: Thanks for Supporting FOPRG & PRGC FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 From: Vescio, Niranjai Sent: Friday, June 23, 2023 12:58 PM To: Town Council <council@orovalleyaz.gov> Cc: Tony D'Angelo Subject: Thanks for Supporting FOPRG & PRGC Dear Mayor and Council: We all heard lots of statements at last Wednesday's town council meeting about what is, what might be, and what should be happening with golf (ball and disc) at Pusch Ridge Golf Course (PRGC). Thanks for patiently listening to everyone impartially and working transparently and democratically to pass a summary motion. To quote Andrew Young, "there can be no truth without controversy and there can be no democracy without truth." We had more than our share of controversy at the meeting about the financial performance of the PRGC. Might we all benefit from official financial statements issued by the Town stating the truth about the past 2 years of ball and disc golf at PRGC? While some will still challenge the veracity of those financial statements, many more will be informed, heading into the final year of Council's 3-year trial, about what it takes to keep PRGC self- sustaining. We have all heard that it ultimately comes down to water, and that summer ball golf at PRGC is just cost - prohibitive. Then there is the sheer image of spraying potable water to keep grass green in triple -digit temperatures that evokes public outrage. Last year the Council received a ballpark estimate of—$6-11M from our Water Utility Director, Peter Abraham, to extend reclaimed water lines to the PRGC and along Oracle Road to other outdoor venues currently relegated to using potable water for irrigation. Is Council still anticipating a 10%-design cost estimate from the Water Utility for the extension of reclaimed water to PRGC and beyond? Having that estimate would not only help address next steps for PRGC after the 3-year trial is complete, but also Oro Valley's long-term water sourcing strategy amidst the on -going drought. The latter is of particular interest to me. Finally, in exchange for leaving up to 30,000 acre feet in Lake Mead, Tucson will receive $7.8 million from the Bureau of Reclamation. Like Tucson, OV stores and recharges a large fraction of its full CAP allocation. Is OV considering a voluntary exchange of some of its CAP allocation for cash like Tucson? The Friends of Pusch Ridge Golf (FOPRG) remain steadfastly committed to supporting and promoting ball golf at the PRGC and its uniquely appealing green space. The growing number of ball golf rounds played the past two years affirms what we believed was a resurgence of the sport's popularity across a broad demographic, and that our unique 9-hole venue around the resort and at the base of beautiful Pusch Ridge offers patrons so much more than just a relaxed golfing experience. Even after 22 years of continuous year-round residence on the course, this area's unique charm and beauty continue to inspire me each and every day to work tirelessly to help maintain its majesty beauty for all to enjoy, including our newfound disc golf patrons. Thanks again to members of Council that support our advocacy and volunteering efforts. Challenges, disruptions, even the occasional incivility, will only make our community partnerships stronger. Sincerely, Niranjan Vesdo Chairman, Friends of Pusch Ridge Golf Commissioner, Oro Valley Water Utility WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. Stine, Michelle From: Standish, Michae Sent: Wednesday, June 21, 2023 4:49 PM To: Stine, Michelle Subject: FW: Disc Golf at Pusch Ridge -----Original Message ----- From: Ray Dissenger Sent: Wednesday, June 21, 2023 3:29 PM To: Barrett, Melanie <mbarrett@orovalleyaz.gov>; Solomon, Steve <ssolomon@orovalleyaz.gov>; Jones -Ivey, Joyce <jjones-ivey@orovalleyaz.gov>; Greene, Harry <hgreene@orovalleyaz.gov>; Nicolson, Josh <jnicolson@orovalleyaz.gov>; Bohen, Timothy <tbohen@orovalleyaz.gov>; Winfield, Joe <jwinfield@orovalleyaz.gov> Cc: Standish, Michael <mstandish@orovalleyaz.gov> Subject: Disc Golf at Pusch Ridge Mayor Winfield and Council Members, I apologize for the lateness of the email. I'm in NC and was prepared to speak tonight via zoom. When I checked for my Zoom link with the town clerk, he explained that residents can only speak on public hearing agenda items. My mistake for not checking sooner. I'm Ray Dissinger a 25 year Oro Valley resident and currently President of the El Con Patio Homes HOA. I spoke at the June 7th call to audience. I'm sure you have received plenty of information reference disc golf. I won't rehash everything. Bottom line: We are not necessarily opposed to disc golf BUT believe it clearly requires Town Council approval AND an addendum to the Pusch Ridge 9 hole Golf course agreement. Disc golf is not golf as referenced in our agreement. If we played a game with lacrosse sticks or field hockey sticks and labeled them lacrosse golf or field hockey golf it does not make them golf. Anything other than golf is a change of use and requires your approval and an addendum. Any addendum must include disc golf as a summer 2023 only event, no disc golf during year three of our agreement and if the town is interested in disc golf they need to explore other venues. I think the important point is that we could have solved this issue with better communications between the HOAs and town staff. We were brought into the discussion late. We worked with staff and had resolved 90% of issues of safety and security. Our neighborhood has many retired residents and many part time residents. Based on our request to codify our discussion with a written addendum to our agreement, town staff moved forward without our concurrence. We believe time would have been better spent looking into turf and irrigation issues to support the long term sustainability of the Pusch Ridge course. The course has been a tremendous success and we hope to continue to work as a partner with the town of Oro Valley to capitalize of this unique town asset. We appreciate the Town Council decision to reopen the course and your continued support. Thankyou Ray Dissinger Sent from my iPad WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. Stine, Michelle From: Standish, Michael Sent: Wednesday, June 21, 2023 2:52 PM To: Stine, Michelle Subject: FW: Vistoso Trails Nature Preserve ADA trails opposition letter Attachments: Opposition letter to ADA trails on Vistoso Trails Preserve open space 6 21 2023.pdf From: Sirois, Andrea <asirois@orovalleyaz.gov> Sent: Wednesday, June 21, 2023 2:42 PM To: Standish, Michael <mstandish@orovalleyaz.gov> Subject: FW: Vistoso Trails Nature Preserve ADA trails opposition letter FYI Sincerely, Andrea Sirois Executive Assistant Town Manager, Mayor and Council Town of Oro Valley Direct Line: 520-229-4714 From - Sent: Wednesday, June 21, 2023 1:05 PM To: Town Council <council@orovaIleyaz.gov> Cc Subject: Vistoso Trails Nature Preserve ADA trails opposition letter Dear Mayor and Council Members, Attached is a letter for tonight's council meeting regarding the Vistoso Trails Nature Preserve presentation drawings and proposal. Please read and take its message to heart! Thank you. Bruce and Ginny Baier WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. 1 Bruce and Ginny Baier June 21, 2023 Mayor Winfield, Town Council Members, and Kirste Kowalsky of The Conservation Fund Subject: Firm Opposition to Proposed ADA Trails Contravening Conservation Easement Dear Mayor Winfield, Town Council Members, and Kirste Kowalsky of The Conservation Fund: I hope this letter finds you well, and I trust it resonates with the compassion and determination that lie at the heart of our community. I am writing to express my heartfelt concerns regarding the proposed ADA trails on the former driving range of the Vistoso Golf Course. As passionate stewards of our natural heritage, we must stand firm against any actions that circumvent the Conservation Easement, which safeguards the preservation of our beloved Vistoso Trails Nature Preserve. The transfer of the Nature Preserve from The Conservation Fund to the Town of Oro Valley was made possible by the unwavering support of our community. Through their generous contributions of community members, amounting to an impressive $1.8 million plus the Town's contributions, The Conservation Fund was able to acquire this property. The Conservation Easement was put in place to ensure the perpetual protection of this land, with specific limitations that we must honor. Our Nature Preserve is a sanctuary, offering over 6 miles of paths that provide breathtaking views of the Catalina and Tortolita Mountains, a haven for diverse desert vegetation, and a thriving habitat for abundant wildlife. It is a testament to our commitment to preserving the beauty of our natural surroundings for generations to come. However, former and recent designs presented by Sites Southwest in opposition to the Executive Summary of the Conservation Easement have raised significant concerns. While the Conservation Easement permits dirt trails "immediately adjacent to the cart path or immediately adjacent to existing disturbed areas," the elaborate system of trails proposed on the former driving range attempts to circumvent the very essence and intent of the Conservation Easement. This cannot be ignored or taken lightly. We steadfastly oppose and reject these drawings and intentions that flagrantly disregard the Conservation Easement's stipulations. We reject any additional path system behind homes along Tessali Way, encroaching upon the intended open space area. Although the proposed trails may be labeled as ADA trails, their true nature and purpose remain incongruous with the Conservation Easement. This discrepancy cannot be masked by mere words or naming conventions. Let us instead concentrate our efforts on enhancing the existing 6 miles of trails and ensuring their harmonious coexistence with the stated and intended use. By investing in the preservation and enhancement of these trails, we can create a lasting legacy that respects both the Conservation Easement and the accessibility needs of our community. I implore you to reflect upon the passion and devotion our community holds for the Vistoso Trails Nature Preserve. Engage in open, transparent dialogue with community stakeholders, environmental experts, and concerned citizens who share a common goal of safeguarding the integrity of our precious natural spaces. Together, we can find a solution that upholds the spirit of the Conservation Easement while addressing the accessibility requirements of all. Thank you for your unwavering commitment to our community and the preservation of our natural heritage. May our collective efforts inspire a future where the beauty of the Vistoso Trails Nature Preserve is cherished and protected, in accordance with the Conservation Easement. With heartfelt sincerity, Bruce and Ginny Baier Stine, Michelle From: Standish, Michael Sent: Wednesday, June 21, 2023 2:35 PM To: Stine, Michelle Subject: FW: Request to Speak in -Person Attachments: Disc Golf Statement to Council - June 21 2023.docx From: Vescio, Niranjan Sent: Wednesday, June 21, 2023 2:13 PM To: Standish, Michael <mstandish@orovalleyaz.gov> Subject: RE: Request to Speak in -Person Thank you Michael, I will try to arrive by 6:30pm, but just in case, attached is my statement to the Town Council if you don't mind forwarding to them. Thanks. Niranjan 1 Niranjan Vescio, 22-year resident of OV along the PRGC. The opinions expressed here are mine, not the Friends, not the HOAs. Over 2 years ago, Council's decision to restore PRGC to its originally designed use as a ball golf course and accept HOA subsidies during the 3-year trial, was Council's alone. That decision by this legislative branch of our Town government was made transparently in Open meetings and is now public record. Because of that precedent, in my opinion, any decision on alternate use during this trial period, should once again have been Council's alone. You're the elected body directly accountable to the Town-s voters. The decision is then public record and can be referenced in the Town-HOA contract for subsidies. But what's done is done, disc golf has started for the summer at PRGC and here is what your homeowners are saying... 1. Why was DG introduced without direct HOA involvement throughout the process? Just telling us is not involving us. 2. Homeowners did not sign-up at $150/year/lot to subsidize DG. 3. PRGC is not a place for DG since valuable discs can end up in people yards. I wanted to investigate this last point more since there isn't a lot of precedent for disc golf so close to homes: a. This is a frisbee. b. This is a DG disc. c. The frisbee is thrown and caught from 30ft to 50 ft away. d. This DG driver is thrown hard and fast to reach hundreds of feet further ... and never caught. I tried it myself and found discs quite a bit more unforgiving than frisbees. Discs are aerodynamically designed to be projectiles, so when thrown on a plane that doesn't purely cut through the air, but instead catches it, the disc can veer quite far off target. In wind, which is frequent on PRGC, all this is greatly exacerbated. I'll cut to the chase, these discs will end up in yards/patios, especially when thrown from elevation, uphill and in wind. Players will want to retrieve them; I have seen it happen for myself. But here is the point: had we all sat down together after a Council decision to proceed with a DG this summer, I know we could have come up with a safe and assured way for these valuable discs to be returned to players, discouraging any from even considering trespassing. To be clear, I am working towards sustainable year-round ball golf at PRGC. But had we worked together as partners from the beginning, we could have rolled - out a Council -directed summer DG test, with far less surprise and uproar that what we have experienced. Stine, Michelle From: Standish, Michael Sent: Wednesday, June 21, 2023 1:27 PM To: Stine, Michelle Subject: FW: Pusch Ridge golf course usage for off season disc golf From: Walt Gallaghe Sent: Wednesday, June 21, 2023 11:11 AM To: Standish, Michael <mstandish@orovalleyaz.gov> Subject: Pusch Ridge golf course usage for off season disc golf Mr. Standish, Please forward the contents of this email to the city council members and staff. RE: The continued usage of Pusch Ridge golf course for off season disc golf play. As a 17 year homeowner at the El Conquistador Patio Homes I have witness the full range of experience for our special nine hole golf course. From green to brown and back. From well - maintained to neglected to somewhat maintained. From a caring and knowledgeable owner to uninterested owner to a the a less than focused or fiscally prioritized city council. The stats over the past two years prove that this course can generate income for the city. There is no reason to think that will change in the near future. More and more large venue golf destinations are including nine hole courses. They are less time consuming and far more inclusive to players of differing abilities. That's my pitch for golf at PRGC. As for disc golf at PRGC I'm not opposed but that is tempered with I'm not that comfortable either. I'm not comfortable with stories of disc players venturing into our (El Conquistador Patio Homes) properties to retrieve wayward discs or the apparent lack of concern for the greens and the careless disregard for disposal of liquid containers and paper. All of these concerns are rarely, if ever, an issue with golfers. It should be, needs to be, the same for the disc community. In order to move forward with disc play on PRGC I believe that the city needs to make some changes. 1. A player must agree that they can not enter a fenced property without permission of an owner or an available neighbor. Without that permission only a representative of the staff at the PRGC can retrieve the errant disc. 2. Greens should be roped off and only walked on when a disc must be retrieved. 3. Waste containers need to be maintained and "no littering" messages need to be posted in the pro shop. Thank you for opportunity to voice my opinions. Respectfully, •uolln8 IJ@IV uslud ayj 2uisn ji laodai `snopidsns s�ooj siul jj •ajes si lualuoa auk. Moue pue aapuas ayj aziu2oaaa nog( ssalun slu@wq:)elle uado ao spil Dip jou oQ '%aIIen oap Jo unnol ayj apislno woaj @weD Iiew@ slgi :JNINUVM Stine, Michelle From: Standish, Michael Sent: Wednesday, June 21, 2023 9:04 AM To: Stine, Michelle Subject: FW: Request to Speak Virtually Attachments: Disc Golf.docx From: Stan New Sent: Monday, June 19, 2uz3 11:06 AM To: Standish, Michael <mstandish@orovalleyaz.gov> Cc: Subject: Re: Request to Speak Virtually Hi Mike, Can you please distribute this comment to the mayor and town council prior to the meeting. Thanks, Stan New My name is Stan New. I am a winter resident and run the men's league at Pusch Ridge. I believe disc golf has a place in Oro Valley and understand the desire to offer more outdoor sports, however Pusch Ridge is not the best place. A better venue would be at one of the parks in Oro Valley, where it could be offered as a year-round activity. The friends, neighbors & golfers have worked hard for the last 2 years to prove the viability of golf at this town's unique asset. It is not a financial burden and provides a wonderful opportunity to introduce golf to our youth and provide access for seniors and others who don't have the time or ability to tackle an 18-hole course. We have 1 year left to prove that Pusch Ridge is a real golf course and deserves consideration from the town to address its long term needs. What are the 700 plus friends and 4 active golf leagues supposed to think about disc golf as a summer test, when permanent concrete basket foundations have been installed around the course. Looks like you are planning to turn your gem of a golf course into a disc golf park. WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. On Jun 19, 2023, at 11:41 AM, Standish, Michael <mstandish@orovalleyaz.gov> wrote: Good Morning, The Town has received your request to speak virtually at the June 21 Town Council meeting. Per Town policy, members of the public are allowed to speak virtually on any agenda item listed as a Public Hearing. The item that you would like to speak on does not contain a Public Hearing. You may still speak at Call to the Audience by attending the meeting in -person and submitting a blue speaker card. Thank you. Mike Standish, CMC Town Clerk Town of Oro Valley 520-229-4741 mstandish(a orovalleyaz.gov My name is Stan New. I am a winter resident and run the men's league at Pusch Ridge. I believe disc golf has a place in Oro Valley and understand the desire to offer more outdoor sports, however Pusch Ridge is not the best place. A better venue would be at one of the parks in Oro Valley, where it could be offered as a year-round activity. The friends, neighbors & golfers have worked hard for the last 2 years to prove the viability of golf at this town's unique asset. It is not a financial burden and provides a wonderful opportunity to introduce golf to our youth and provide access for seniors and others who don't have the time or ability to tackle an 18-hole course. We have 1 year left to prove that Pusch Ridge is a real golf course and deserves consideration from the town to address its long term needs. What are the 700 plus friends and 4 active golf leagues supposed to think about disc golf as a summer test, when permanent concrete basket foundations have been installed around the course. Looks like you are planning to turn your gem of a golf course into a disc golf park. Stine, Michelle From: Standish, Michael Sent: Wednesday, June 21, 2023 9:03 AM To: Stine, Michelle Subject: FW: Request to Speak Virtually From: jeannee yermakc Sent: Tuesday, June 20, 2023 7:06 AM To: Standish, Michael <mstandish@orovalleyaz.gov> Cc: Subject: Re: Request to Speak Virtually Michael - I would greatly appreciate it if you would forward my comments below to the Council as well. I am also unable to attend the meeting. My name is Jeannee Yermakoff. I am a resident of the El Con Patio Homes and run the Thursday women's league at Pusch Ridge. I would like to comment on 1) the process for establishing disc golf at Pusch Ridge and 2) on plans to maintain Pusch Ridge Golf Course for traditional golf. 1) When the El Con Patio Homes HOA agreed to contribute financially to traditional golf at Pusch Ridge, they became a stakeholder in the course. While this does not entitle the HOA to manage the course, one would think it would earn the right to be informed of key management decisions. While Parks and Recreation held meetings to plan the introduction of disc golf for more than a year, our HOA was kept in the dark. This is wrong. We are now, indirectly, supporting summer disc golf, although we had no input into this decision. 2) We are two years in to a three-year commitment to maintain traditional golf at Pusch Ridge. In those two years, the course has greatly exceeded goals for rounds of play and income. This does not surprise me. Women in the Thursday league come from all over Oro Valley (and as far as the Catalina Foothills and Dove Mountain). Players range in age from young women to 90+ year -olds. They drive to Pusch Ridge on Thursday morning because it is the only course in Oro Vally available for 9-hole play in the morning hours. These women say they opt for 9-holes at Pusch Ridge due to time constraints, physical limitations, skill level, affordability and/or simply because they love the course. These players have a vested interest in continued traditional golf at Pusch Ridge. They, and I, believe it is time to hear a commitment from Oro Valley on plans to continue traditional golf at Pusch Ridge. Thank you for your continued attention to these matters Jeannee Yermakoff CnaBa YKpaWHe uA Stine, Michelle From: Sirois, Andrea Sent: Friday, June 23, 2023 2:27 PM To: Standish, Michael Cc: Stine, Michelle Subject: FW: Call to Audience Comments Follow Up Flag: Follow up Flag Status: Flagged FYI From: Edward Clan Sent: Wednesday, June 21, 2023 8:38 PM To: Greene, Harry <hgreene@orovalleyaz.gov> Subject: Call to Audience Comments Good Evening Dr Greene, I had intended to attend this evening's Council Meeting and address you and your colleagues during Call to Audience, but unfortunately, due to unforeseen circumstance, at the last minute I was unable to attend. I'd like to pass on the comments I had intended to make. As always, thank you for your attention and your service to Oro Valley. Respectfully, Ed Clary "Good Evening Mayor Winfield and members of the Council. My name is Ed Clary, and I'm a resident of Oro Valley. Today I'd like to discuss the application of zoning codes in our Town. My wife and I are trying to build an external garage/storage building on our property. We recently submitted a building design for permitting, which turns out to be in violation of zoning code - its apex is a couple feet too high. This is the contractor's doing, but in an attempt to minimize the impact of the situation, I spoke directly to Zoning staff. I was told that the design would require a variance or waiver in its current form. I inquired what I would need to do. The answer was a very professional, "Well a variance is if you cannot meet code for some reason, and that's not the case here, your design certainly could meet code, so in theory we would need to examine a waiver, but we never grant any waivers of this specific type." I was a bit surprised by the immediacy and finality of the statement, and said, "Never?" to be answered again with "Never." Discussion over, lock, stock and barrel. Honestly, in and of itself, this doesn't bother me — there are zoning codes for a reason, and all should abide by them, even if, as in our case, the building in question will not even be visible from our street and even the only neighbor who would see it does not object to it in any way in its current form. That said, we will redesign to meet code, the mistake was unintentional; that was always our intent! But, this begs a really big question. Why, if I, as just a regular citizen of Oro Valley who wishes to improve my property in such a way which literally effects NO ONE other than as described above - why does the Oro Valley Church of the Nazarene get innumerable attempts to rezone their property in such a manner that is vigorously opposed by all their neighbors who are not congregants, as well as an expanding number of community groups and blogs, which demonstrably reduces the property values and quality of life of their neighbors, and which the P&Z commission itself voted down as incompatible with its neighborhood? It doesn't pass the common sense or basic fairness tests. The rumor mill has it that the Council is being legally advised that they must acquiesce to OVCN's demands, as there are possible conflicts with federal law in regards to religious exclusions. There are good lawyers on the other side of the story who say that while OVCN may have a basis to make such a claim, (meaning it won't be summarily dismissed) it is by NO means a done deal legally. Every right in our society has limits, aka -15t Amendment notwithstanding, you can't shout "fire" in a crowded theater. Common sense dictates that OVCN's assertion that a sports complex is required to exercise their religion, at the expense of their neighbors certainly tests the limits of any sort of religious exemption allowance. So, in the absence of a clear legal path, despite what you might be being told, I respectfully submit that should the OVCN project ever come before you for a vote, you simply do the right thing. Vote it down — it simply isn't the right location for such a project. Neighbors know it, P&Z staff know it, the P&Z Commission knows it, and I think you probably do too. Don't be intimidated. Don't buy in to OVCN's assertions that the "neighborhood has changed" and therefore justifies this — the only significant change to this neighborhood in the last 20+ years has been OVCN's previous expansions! Treat OVCN as you do all other citizens/entities in this Town, and hold them to the same rules that all the rest are required to follow, and who are told, "we never grant any waivers of this specific type." Respectfully, Ed (& Martina) Clary WARNING: This email came from outside the Town of Oro Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. If this looks suspicious, report it using the Phish Alert Button. 2