Bits and Pieces

Archery Demo Day Tomorrow At Naranja Park

Interested in learning Archery? Then do go over to Naranja Park from 9 to Noon tomorrow to join in the festivities. They will be basic archery instruction, vendor booths, a competitive shoot, a course walk-around, and food trucks.

It is billed as "fun for the whole family." Call 520-229-5050 to learn more.

Oro Valley's First Settlers

No. We're not the first settlers!
Former Oro Valley Mayor Loomis, Richard
and Archeologist Allen Denoyer

Saturday's Setter's Day festivity at Steam Pump Ranch gave us pause to think about Oro Valley first setter's, the Hohokam.  There is a replica of a mud adobe hut on the north side of the site, .  It looks in move-in condition.

Its not terribly big. Could probably comfortably fit 4. Maybe a bit risky of getting flooded in the rain. But, then again, we don't have much of that in Oro Valley.

Governor Ducey Signs Wrong Bill

Face with a choice to make the referendum process even more onerous than it already is or simplifying it a bit, Arizona Governor Ducey signed a bill (HB2407) that will make it impossible to have a successful referendum:

"House Bill 2407 by Republican Rep. David Stevens, R-Sierra Vista, modifies requirements for voter referendums and recalls, tightening rules on the signature-gathering process and the wording of the measure. Thousands of signatures can be invalidated over minor mistakes including margin spacing and serial numbers, while single signatures can be disqualified for not matching a voter’s registration or marking the wrong date." (Source)

Does anyone know of a case that the Supreme Court could hear that would give them the opportunity to overturn this legislative overreach?

Oro Valley Optimist Club Sponsors Golf Event on May 16 To Raise Funds For Youth

The Oro Valley Optimist Club, of which Heather wrote this past Tuesday, is sponsoring a "Scramble For Youth" at the El Conquistador Country Club.  All proceeds will go to support Oro Valley Youth Programs.  Learn more and register here.

Sprint Triathlon Tomorrow

The 3rd annual Oro Valley Sprint Triathlon is tomorrow. It is a 800 meter swim, a 14 mile bike ride, and a 3 mile run.  The event runs from 6-11am. The event will impact traffic on Concordia, La Canada, Lambert Lane and Oracle Road.

Visit Tucson Estimates $4million Impact On Oro Valley

Visit Tucson, Oro Valley's external marketing arm, reported to the Oro Valley Town Council this past Wednesday that its efforts have increase the Oro Valley economy by $4million in the past year. It estimates hat 27,000 visitors have come to town as a result of their efforts. Watch this brief video of their report.

Visit Tucson received $175,000 from Oro Valley's Bed Taxes last year. This funds 2.5% of their revenue. Next year, the town is committed to funding it for $225,000.

Guest View-Diane Peters: Why You Should Sign The Tee’d Off in Oro Valley Petition (Part 3)

Here are even more reasons to sign the petition to allow a citizen vote on the The El Conquistador Country Club purchase. These reasons are found in the Agreement/ Contract for the facility.

As you will see, this contract was written for the benefit of HSL Properties and Troon, and to the detriment of the Town Of Oro Valley

Are you ready?  Here are just a few of the objectionable clauses in this contract.

Page 2 – Facility
If the Town purchases the facility, Troon will manage food and beverage service, all golf courses, part of the clubhouse, and the tennis courts at the hotel site.

Apparently, Troon will not be managing the pool or the 15 lighted tennis courts at the Community Center site. Therefore, Troon’s management of 31 tennis courts noted in the staff briefing is incorrect.

Page 3 – Operating Costs
Oro Valley will pay all operating costs for the golf course. This includes all supplies and equipment, the Troon management fee, employee costs, advertising and promotional expenses, administrative expenses, centralized services, operating licenses, fees and permits, grounds and landscaping, routine maintenance, insurance premiums, credit card and travel agent commissions.

Page 7, Sections 3.01 and 3.02 – Operational Standards / General Authority
Oro Valley is required to cooperate with Troon so that Troon will be able to operate the facility in accordance with the Operational Standards developed by Troon. Apparently, the Town is not allowed a say in the operational standards.

It will be Troon, not the Town, that implements all pricing, including green fees and rental fees. Troon has the right to provide complimentary or discounted use of the Facility, including food and beverages to existing or potential customers, employees and others. Oro Valley will be paying for other people to enjoy free or discounted rates.

Page 11, Section 4.05 – Personnel
If a Troon employee or Affiliate of Troon not employed at the Facility is temporarily assigned to the Facility, the Town will pay all costs for travel to and from the Facility.

Page 15, Section 4.10 – Operation Consistent with Resort Hotel
Resort guests will be allowed priority booking and reservations at all golf courses at rates not to exceed the rates charged to Oro Valley residents. Good luck reserving the greens for 7am on a weekend! You’ll be paying increased sales taxes for other people to play golf at their convenience and at your reduced rate. What a deal!

Of note also is the Appraisal Report which states: “According to our interviews with golf course managers, selling full memberships is a key to achieving profitability.” So non members, get in line behind resort guests and those with memberships.

Troon will operate the golf courses in part for the benefit of the Resort and in a manner which allows the Resort to retain its status as a franchised resort with Hilton Hotels and Resorts.

What? We’re paying Troon to help the Resort maintain its franchise status with Hilton Hotels?

Page 17, Sections 6.01 and 6.02 – Term of Contract / Renewal of Contract
This agreement is for approximately five years, commencing 12/18/14 and ending 6/30/19. Following this initial term it shall automatically renew for three consecutive 5-year periods.

The contract/agreement can only be terminated by the Town [the permitted transferee] with 90 days prior written notice to Troon and only if HSL Properties [the resort owner] consents to it! Read that again. HSL can block the termination of the contract by not consenting to it! With four consecutive 5-year terms (the original plus three automatic renewals) this means that the Town could be locked into this contract for the next 20 years!

Page 19, Section 7.01 – Payment Schedule
Troon is entitled to incentive management fees but there are no penalties if Troon does not perform to expectations. They will be paid a Minimum Base Fee of $144,000 per year or 2.5% of the Gross Revenues, whichever is greater.

Page 22, Section 8.07 – Reimbursement of out-of-pocket expenses
Troon’s out-of-pocket expenses shall be reimbursed by the town including travel, entertainment, telephone, electronic communication, postage, air express, recruiting (including agent’s fee), etc. This is in addition to the $144,000 management fee.

Page 26, Section 11.02 – Assignment by Owner
HSL has the right to assign the Agreement [Contract] to the Town of Oro Valley provided the transferee [the Town] agrees to assume all the obligations of the original owner [HSL] under this contract. Why should the Town be obligated to abide by a contract for which they never went out to competitively bid?

Additionally, once HSL transfers the agreement to the Town, HSL shall be released from any post-transfer liability.

Summary
Combine Sections 6.02 with 11.02 and what we have is a Town that is obligated to the terms of a 5-year and beyond contract that they didn’t negotiate and never saw, yet despite this, they can’t even terminate the contract without the consent of the Resort Owner! These are the most egregious sections of this contract.

I can see why the Majority-4 council enthusiastically voted YES. What with HSL having the final say on everything while the Town assumes all the costs, risks, and liability, Troon setting the fees and the annual budget while the Town pays all of Troon’s out-of-pocket expenses including travel and entertainment, and the Resort guests getting priority tee times at residents rates…well, Sweetheart Deals like this just don’t come along every day, now do they?

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Diane Peters has lived in Oro Valley since 2003, moving here to escape the humidity of the East Coast. Combining her love of animals and writing, she wrote her first protest letter at the age of 12 to the Canadian Prime Minister in support of ending the annual baby harp seal hunt. Years later, she flew by helicopter to the ice floes off the coast of Newfoundland to photograph baby harp seals. Her other interests include reading, nature photography, traveling to National Parks, Native American history, art galleries, museums, and politics. In her past life, she worked at various University Hospitals in New England assisting in Oncology Clinical Trials and preparing manuscripts for publication in medical journals. Her husband is an Army veteran who served in Germany and South Korea. A former hippie, he attended the 1969 Woodstock Festival..
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Guest View-Diane Peters: Why you should sign the Tee’d Off in Oro Valley Petition (Part 2)

This posting addresess the issues raised by some of the residents whose homes are in the vicinity of the golf course.

They have valid concerns that their property values will decrease should the course be allowed to deteriorate in the event that the Town of Oro Valley does not purchase the property; or should a developer buy it and use it for apartment buildings or a gas station.

It was disingenuous for Mayor Hiremath and Council Members Hornat, Waters, and Snider to emphasize maintaining property values as a reason to purchase the course because they are well-aware that these land uses will never happen and the course will not be allowed to deteriorate. This is illustrated below.

Below are 6 reasons not to fear a decline of your property values:

Reason #1: Troon will manage the course whether the town buys it or not.
The golf course will not be allowed to deteriorate. The 5-year renewable contract is between Troon and HSL Properties. Therefore, Troon will manage the course whether HSL owns it or whether the town owns it.

Reason #2:  Current zoning can not be exercised because of space limitations.
According to the Town’s Power Point presentation, the current zoning allows for residential, commercial offices, public offices, retail, religious institutions, restaurants, recreational facilities, social center buildings, hotel, golf course, clubhouse, and equestrian facilities. However, the zoning can’t be exercised due to space limitations.

The course's fairways are only 50-75 yards wide. There isn’t enough room to build the streets and other infrastructure  required to service the buildings.

Reason #3: Current permitted appurtenant uses are not being exercised now.
These uses include small retail shops, cocktail lounges with live music, day nursery, game center, fitness center, satellite receiving station, and equestrian exhibition arena. Again, these uses are currently permitted. They have been for years.

Reason #4: Draconian land use must be approved by council.
The same council members who say they fear some draconian use of the land, actually have substantial control of this use. A gas station, liquor store, or fast food restaurant (for example) could only be built with a  Conditional Use Permit (CUP) and this can only be approved by a majority vote of the Town Council.

Therefore, the mayor’s claim that another owner of the property could build residential properties or a gas station and “no one could stop them” is nothing more than a scare tactic designed to persuade those living along the golf course from signing the petition.

Reason #5: Shifting excuses for why they want to buy this property.
The council majority "speak with forked tongue". Think about it. First the mayor and majority-4 council members stated that the main reason they wanted to purchase this land was to have a Community Center. Then they changed their reason to wanting to control the land in the center of town and protect the property values of homes along the golf course.

Then, when the petition drive began, they turned to scare tactics by stating that if the town doesn’t buy it, that the land could be developed as apartments or a gas station instead, even though they are well aware that the only way that could happen is if they voted to allow a CUP. Why would they vote to approve a gas station or apartments if protecting your property values is truly the reason they want to buy this property?

Reason #6: Changing the land use isn't deemed profitable. If converting the property would be a profitable venture, why isn't HSL doing just that?
Would converting the property be a profitable venture? Consider that the land in question has had at least three different owners in the last 20 years. Those owners were in the real estate investment business (unlike the Town). If any of the prior owners thought they could make a profit exercising their "rights" to develop that property per the current zoning, wouldn’t they have done so?

Tomorrow Part 3: A Look At The Contract
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Diane Peters has lived in Oro Valley since 2003, moving here to escape the humidity of the East Coast. Combining her love of animals and writing, she wrote her first protest letter at the age of 12 to the Canadian Prime Minister in support of ending the annual baby harp seal hunt. Years later, she flew by helicopter to the ice floes off the coast of Newfoundland to photograph baby harp seals. Her other interests include reading, nature photography, traveling to National Parks, Native American history, art galleries, museums, and politics. In her past life, she worked at various University Hospitals in New England assisting in Oncology Clinical Trials and preparing manuscripts for publication in medical journals. Her husband is an Army veteran who served in Germany and South Korea. A former hippie, he attended the 1969 Woodstock Festival.
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