Guest View-Tim Bohen: Oro Valley Residents Should Prioritize Core Services Over New Projects

Tim Bohen served a four-year term on the Oro Valley Town Council, completing his service last fall. During that time, he distinguished himself by digging deeply into all matters before the Council — especially those involving financial details. Tim approached budgets, forecasts, and capital plans with a level of scrutiny and understanding that no current Council member has been willing to match. His absence is especially noticeable during discussions like the current one, where critical financial decisions are being made without the benefit of rigorous, numbers-based analysis.

Here are his thoughts on the Town Manager’s Recommended Capital Budget for FY 2026. We hope he will continue to share his perspective as the rest of the budget is unveiled.

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Staff outlines $48 million in contingent capital projects
Town staff recently shared a list of $48 million in contingent capital improvement projects (CIP), including major core functions of local government: 

•  Police station upgrade

•  Bridge repair

•  Maintenance of public facilities

Despite Oro Valley having a per capita income 50% higher than the Pima County average, there is currently no clear plan for funding these essential needs.

Community Center Fund proposes new discretionary projects
At the same time, new discretionary projects are being recommended for approval in the Community Center Fund — a fund often cited by staff as a success story. Six new projects are proposed for the coming year, none of which are carryovers from FY 2024-25. Among them are:

• A $510,000 repair to the South Pump Station
• Accelerated construction of the Community Center parking lot, moved up by a year from the previously adopted plan

The need for a major pump station repair — not listed as a planned project just last year — raises questions about the long-term planning for these investments.

Core services remain unfunded
Meanwhile, essential services like police facilities and bridge maintenance remain unfunded. Mother Nature will not wait — bridges must be repaired when needed, not when convenient. A long-term funding plan is necessary to protect the community’s infrastructure and safety.

Police salaries are not part of CIP
As the Town enters executive session negotiations with the Police Union, residents should remember that public safety salaries are not part of the CIP — they are a regular, annual expense, and one that Town residents consistently prioritize. A modest investment in officer salaries — even $1 million spread across approximately 100 non-management officers — would have a significant impact on retaining and attracting quality personnel.

A question of priorities
Oro Valley’s strong income levels suggest that basic needs should be easily met. Yet today, we risk falling short in delivering on the essentials of local government. Planning new recreational investments while core services remain unfunded sends the wrong message to residents — and to the people who protect us every day.

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Closing The Loop: Bohen Absolved of Alleged Open Meeting Law Violation That Wasn't

Closing the loop
We will revisit some unresolved issues from time to time—to update you, to "close the loop." Too often, the resolution of an issue does not get reported. Instead, all that is remembered is the accusation, even when it was proven false. Here's an example.

Open Meeting Law complaint against former councilmember Tim Bohen dismissed by State
In 2023, Oro Valley Town Attorney Tobin Sidles filed an Open Meeting Law complaint (OML2023-0020) against former Councilmember Tim Bohen. The complaint alleged that Bohen had improperly disclosed a February 1, 2023, memo written by attorney Jonathan Rothschild. It suggested that Bohen may have shared the memo on social media, potentially violating Open Meeting Law by disclosing privileged information.

Bohen denied the accusation, stating he was not even remotely guilty. Despite this, the complaint was filed and became part of the public record.

The Findings--No basis for complaint
The Arizona Attorney General’s Office reviewed the complaint and determined that no violation had occurred. Key findings include:
- No social media post containing the memo was ever presented as evidence.
- No proof linked Bohen to the alleged disclosure.
- The memo itself did not fall under executive session protections, meaning its release did not violate Open Meeting Law.

In other words, the complaint against Bohen was unfounded and unsubstantiated.

At the time of the complaint, Bohen had voiced concerns about the town’s outside attorney
During his final year on the Council, Bohen raised concerns about the town’s legal representation. The law firm Mesch Clark Rothschild continued to provide services and bill the town even after its contract expired on September 6, 2024. The firm’s contract renewal was not approved until November 6, 2024—minutes after Bohen’s term on the Council had ended. Bohen, who had consistently opposed renewing the firm’s contract, still questions whether the delay was intentional, preventing him from publicly raising concerns before the Council’s decision. 

We've Closed the Loop on This One
Now that the facts are clear, we wanted to ensure this matter is properly addressed. Once an accusation is made, it can remain in the public record—even when the person involved is fully exonerated. In this case, the Arizona Attorney General determined that no violation occurred. That’s why we are closing the loop on this one.
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Out With The Old. In With The New.

Out with the old. In with the new.
Tonight marks the dawn of a new era for the Oro Valley Town Council. Two new members will be seated. Two former members, both of whom have created controversy during their years on the council, will be gone.

An Era of Peace?
We expect this to be an era of peace, at least for the next two years. That’s when four seats on the council, including the mayor’s seat, will be up for reelection.

Reflections on Past Councils
This is the first time we can recall a council this peaceful. The councils chaired by Mayor Paul Loomis were full of characters who liked to argue with each other. It was actually quite funny. The councils chaired by Mayor Hiremath were marked by ongoing efforts by some majority members, led by Council Member Solomon, to target the three council members who didn’t agree with them. They were constantly harassed and bullied. Add to that the fact that one of those council minority members was continuously focused on the police department. It’s never a good idea to go after the police department in Oro Valley.

A Calmer Council Outlook
For at least the next two years, there will be no wrangling on the council. There will be no harsh words among council members. Nothing negative will be said about Town staff. There will be no “points of order” used by one council member, Solomon yet again, to harass Tim Bohen. There will be lots of seconding by Council Member Mo Greene. And we suspect many more bland council topics produced by a very passive Town Manager who, a year ago, replaced a town manager with an aggressive agenda shaped by the previous administration.

New Members Ready to Serve
The two new council members, Elizabeth Robb and Mary Murphy, are “ready to go.” They are both interesting people with very different backgrounds. They'll bring fresh perspectives to this council. Both have been attending introductory meetings with Town staff. These meetings are designed to familiarize them with all facets of Town operations. We recently spoke with both of them, and their level of enthusiasm is high. They are starting their four years on the council with open minds.

Wishing Them Well
We can only wish them well.

We hope they don’t step on any land mines.

Shake Up the Council: Massive Undervoting Signaled Strong Support for Newcomers

Most voters cast only two, and not three votes
In the 2024 Oro Valley Council election, the vast majority of voters made a deliberate choice: Instead of voting for the allowed three candidates, 70% chose to vote for only two. The two candidates they overwhelmingly supported were Mary Murphy and Elizabeth Robb, who together received 4,800 more votes than incumbents Tim Bohen and Mo Greene. This gave them a significant 30% voting advantage in a four-person race. It’s likely that some voters paired Greene with Murphy or Bohen with Robb in their selections, but most decided not to cast their third vote.

Demonstrating a desire for new leadership
The clear message from voters in 2024 was: "We want fresh thinking on the council." Although incumbent Mo Greene was re-elected, it seems to be more due to the availability of an additional seat and a lack of a strong newcomer opponent rather than strong voter support. Greene received nearly 2,000 fewer votes than either of the two newcomers, suggesting that his presence on the council is more a result of circumstance than a strong voter mandate.

Golf Course stance cost Bohen the election
Greene narrowly defeated Bohen by 556 votes, with 542 of those votes coming from the three precincts around the town’s municipal golf courses. Bohen, known for his critical stance on the financial transparency of the town's golf operations, evidently lost support in these areas. However, his position didn’t gain him additional votes elsewhere in the community, indicating that most voters are indifferent to the golf course issue. This outcome highlights a key lesson from this election.

A shift in voter sentiment from the 2022 Election
The 2024 Council election results are a stark contrast to those of 2022, when voters clearly supported the continuation of the current council's direction by re-electing the three incumbents—Barrett, Nicolson, and Jones Ivey—with a 4,700-vote plurality, an 18% advantage in a six-person race. The number of ballots with less than three council votes in the 2024 election was notably higher, with 70% of voters opting not to use their third vote, compared to just 15% under-voting in 2022.

The new members will be seated on council in early November.

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Editor Note: An “undervote” occurs in an election when a voter selects fewer candidates than the number allowed for a particular race. For example, if voters are permitted to choose up to three candidates but only select one or two, those unselected slots are considered undervotes. The undervote is calculated by subtracting the total number of votes cast for all open positions from the total number of votes that could have been submitted. In our analysis, we divided that number by the number of ballots cast to determine the percent of ballots that contained less than three votes.  

Thank You, Tim Bohen

The following is an email that we sent to council member Tim Bohen. Unfortunately, Tim will not be serving on council after November.  We wanted to share with you our perspective on Tim's contribution to our community. Without doubt, Tim Bohen worked for you.
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Dear Tim,

I hope this message finds you well.

I wanted to take a moment to express gratitude for the dedication and hard work you have put in for the community as a council member. No one has ever worked harder for our residents. Your commitment to scrutinizing important issues and representing the citizens of our community is remarkable. Your efforts sparked important conversations and brought attention to significant matters that affect us all. Your willingness to work individually with residents and your focus on being pro-citizen have made a meaningful impact.

Although the results of this election were not in your favor, you did receive 7,600 votes. That is a significant achievement given that you did not have any specific "interest group" behind you. Rather, your voters are the people who live in Oro Valley who actually care about what happens to our community without worrying about how it affects them individually.

You fought through the difficulties of the election with determination and grit, even though you had the cards stacked against you by Steve Solomon and his group. It is unfortunate that the Mayor and Vice Mayor did not endorse you. In not doing so, they become tools of Steve Solomon. Strange bedfellows indeed! They put their self-interest of "looking good” or pandering to staff ahead of the interest of the people of our community.

In the end, town staff are the big winners in this election. They will now be able to act without challenge.

We look forward to continuing our discussions with you about the future of Oro Valley. Your insights and passion for our community are invaluable, and we are hopeful for more opportunities to collaborate and benefit from your perspective.

Thank you again for everything you have done and continue to do for Oro Valley.

Richard

Richard Furash
Publisher: letorovalleyexcel.com
letorovalleyexcel@yahoo.com

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Bits and Pieces

Sign Destruction Continues…Police Involved
Council candidates report that all candidate signs were stolen at corners on La Cholla and Lambert and LaCholla and Naranja.  This appears to be vandalism. However, Robb and Bohen’s signs have been targeted and destroyed in multiple locations, including Pusch View Lane and Oracle.  Tuesday night we learned that a Greene sign at LaCholla and Tangering was sliced with the face cut out. A Murphy sign was on the ground in the same area. 

What is going on people? The police have been notified and are currently investigating the incidents. They are determined to catch the culprits.

Incidents are under investigation by the
Oro Valley Police Department

Follow Up: SRO Program Costs Oro Valley $550,000 Annually
In April, we reported that in 2023/24 the town received $90,000 from the Amphi School District for the School Resource Officers it provides to the district’s schools. According to the Oro Valley Police Department the cost of these officers is $639,885 for this year. Though the years are different, our best guess is that the annual cost of the program to the town is about $550,000. 

Sandbags available during Monsoon season
Last week marked "… the official start of monsoon season, and the Town of Oro Valley wants to make sure residents are monsoon ready. The Town will once again provide free sandbags to residents who may need to protect areas of their homes from storm runoff. Sandbag pickup is located at 9451 N. Egleston Drive, which is behind the fields at James D. Kriegh Park. Sandbags will be available beginning Monday, June 17, through September 30, 2024. The lot is accessible from 6 a.m. to 10 p.m. "(Source: Town of Oro Valley Media Release)

CDO shared use path closures to enable water flood control
This week, the Pima County Regional Flood Control District began a Cañada del Oro (CDO) Wash Levee Augmentation Project along share use path.  There will be intermittent closures from N. La Cañada Drive to N. Oracle Road, with completion expected by November 2024, weather permitting. Following the 2020 Bighorn Fire, sediment build-up decreased the wash’s capacity, necessitating this project to restore capacity and enhance flood protection for nearby homes and businesses.  (Source: Town of Oro Valley Media Release)

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Bits and Pieces

Barrett and Bohen "get it."  Oro Valley’s stewardship requires balancing the financial impact of buildout and the sustainability of maintaining a maturing infrastructure

In January, LOVE reported on an independent study of the town's financial future. This study focussed on the impact of a "buildout" on Oro Valley's future. That study concluded that the town's budgets will remain sustainable through the expected residential buildout in 2034. However, the projected financial margin is very tight, leaving limited resources for long-term maintenance and unforeseen costs. Then, a few weeks ago, we reported regarding the town's five year financial projection. This was prepared by staff. That report projected that the town will face financial challenges starting in 2026, necessitating at least $11 million in bond funds to cover shortfalls for major highway projects and rising pavement preservation costs. 

The study and the five year projection address different time frames regarding the town's financial future; but both do emphasize the need for careful planning and spending as the town continues to mature. Given what we observed in the two day TMRB study session last week, two council members, Bohen and Barrett, "get it." And Nicolson is not far behind.

Town Grant Update: $18.1 Million in Progress, $213K Awarded

Town Manager Wilkins added a section in his May report to the council. That section discusses the status of grants sought by the town over the past six months. The report lists eight grants in progress, totaling $18.1 million. $213K has been awarded to date. Most of the pending dollars requested are for three public works bridge projects. $4.5 million is sought for public safety, including a $3 million request for the design of a police station. The town will file a $2 million grant request for the Vistoso Nature Preserve revegetation project in the next fiscal year. (Source: Town Manager May Report to Council, page 32)

Town Financial Update through February: Revenues rise, expenditures driven by capital Projects

"The Town continues to perform as expected from a Townwide financial perspective. Total Townwide revenues are up $7,399,890 through February 2024 in comparison to February 2023. Meanwhile, total Townwide expenditures are greater than February 2023 by $6,388,977. Capital is the primary driver of the increase in spending from the prior year, as it accounts for $4,875,207 of the $6,388,977, or 76%. Personnel and O&M also continue to outpace last year’s outflows through February. Total estimated Townwide Fund Balances through February 2024 are $84,981,826, which is about $4.2 million less than the Town carried into the fiscal year. This reduction in fund balance is primarily a function of the large capital projects being executed and the continued spend down of ARPA and Parks and Recreation bond monies." (Source: Town Manager May Report To Council, page 31) 

Let’s hear it for CDO’s… An Arizona sports leader

The Canyon Del Oro High School sports teams have had an impressive year, showcasing their talent and dedication. While both the baseball and softball teams narrowly missed winning the 3A Arizona State Championships this past week, their effort and skill were commendable. Last fall, the football team triumphed, securing the 3A State Championship. Congratulations to all the athletes for their hard work and for being outstanding representatives of Oro Valley. Your community is proud of your achievements and spirit.

Get ready to rock at OV Battle of the Bands, May 17

"This free concert, which runs from 6:30 to 9 p.m., on Friday, May 17, at the Riverfront Park Amphitheater (551 W. Lambert Lane), features three bands comprised of students from local high schools. The bands will bring their musical talents to a live audience with a three-song setlist...Admission to the concert is free and food trucks will be on site with items available for purchase. It is recommended that attendees bring a lawn chair or blanket." (Source: Town of Oro Valley Media Release).   

Council Votes To "Preserve The Preserve"

Barrett and Nicolson lead the charge for $2 million in funding in 2025
Vice Mayor Melanie Barrett and Council Member Josh Nicolson led a successful effort last week to make the revegetation of the Vistoso Trails Nature Preserve a priority in next year’s budget. As a result, the council unanimously approved including $2 million in that budget to begin the revegetation program in earnest.

Council needed to do something because town staff planned to spend next to nothing on the Preserve
Barrett and Nicolson were spurred to action because town staff had decided to fund the Preserve at a trivial level: $200,000 per year in the budget for each of the next five years; $100,000 for ensuing five. That amount is barely enough to keep the weeds at bay. At that rate, Nicolson noted, “I’m gonna be ninety years old by the time we're actually gonna be putting in some capital improvement in the property.” He’s forty today! He continued: “I do think it'd be nice for us to do something now for the people who invested nearly $2 million in the community,” referring to the fact that residents raised money to buy the Preserve.

And the Preserve is a mess
As we reported last week, the current state of the Preserve after two years of Oro Valley ownership is dreadful. One resident speaking at the meeting called it a “Ghost Preserve” because “we don’t know what’s growing there.”

Residents underscored need for real funding
Fifteen residents spoke at the meeting. They emphasized the urgent need for increased funding and focused efforts to restore the Preserve to its original desert beauty and ecological integrity. They urged the Town Council to prioritize its redevelopment, advocating for strategic investment to transform the area into a vibrant natural space representative of Oro Valley's beauty. They highlighted the importance of native seeding, revegetation, and infrastructure repair. They also called for equitable funding and decisive action to fulfill the potential of the preserve as a valuable asset for the community, emphasizing its role in enhancing Oro Valley's recreational offerings and preserving open space.

The Conservation easement holder recommended getting started now
John Welch, the representative of Archeology Southwest, the manager of the conservation easement on the property, spoke at the meeting. He said that it's time to update how we restore nature, focusing on less toxic ways to control invasive species and erosion. He believes that the town needs to complete the Vistoso master plan, making it current and consistent with the easement requirements, and that it should take action to fix urgent issues in the preserve. He believes that doing this will make it sustainable long-term and attract outside funding.

All Council Members supported the funding
At the meeting, Council Member Tim Bohen expressed the general consensus of the council. Addressing the residents directly: "You made an investment of your time, your will, and your energy, and it's really time for the Council to act. I don't think that the motion goes far enough. If there's going to be support for it, I think we should do it for at least three years… So I will support the motion, and I'm super grateful for the money that you put in. It's time for the town to start investing, and I hope we can do even more than this motion proposes tonight."

Next step: Reviewing and approving a realistic plan
In a few week, the council will hear the consultant, Sites Southwest, plans for the Preserve and the cost. Past plans presented have been grandiose. Portions have been in violation of conservation easement requirements.

Vice Mayor Barrett set the tone for that discussion: “We don't want a super expensive plan that's expensive because it involves lots of paving, additional trails, and other things that aren't consistent with the conservation easement.” 

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Sticker Shock: Cost of Water Could Skyrocket Starting This Coming August

Smoothing water rate increases has been Oro Valley's history
Each year, the town raises the cost of water by 2-3%. According to Oro Valley Water Director Peter Abraham, addressing the town council last week, the objective has been to smooth rate increases over time to account for inflation and the ever-increasing cost of operating the system, so that there is no 'sticker shock'.

But next year water cost could skyrocket
Starting in August, your water bill will increase by 8.3% for some and up to 26% for others if a proposed water rate increase is approved by the council in June. Last week, the council took the first step in doing just that by approving the posting of a notice on new water rates for 2024-25.”

The proposed water rate increases are in three pieces:

• A 5% increase in the base connection rate 
• A 10% to 40% increase in the cost of the amount of water consumed, depending on how much is used. 
• A 12.5% increase in the groundwater preservation fee

In addition, these added costs are increased by the taxes residents pay on the water portion of their bills. (See panel)

Abraham notes three reasons for the need for these increases

• First, water rates that were set too low in fiscal 2023 last year causing a $843,000 shortfall in revenues. These revenues must be recouped in order to shore up required reserves. Sad but true: The less water the community uses the more the cost per gallon. That is because the water rate is computed based on an assumed number of gallons used. So, if residents use less total gallons than the projected number of gallons, as they did in fiscal 2022, the revenue raised will be insufficient to cover cost.
• Second, CAP is going to bill towns for CAP water at higher rates; and Tucson Water is increasing its fee to Oro Valley for bringing (“wheeling”) CAP water to Oro Valley.
• Third, there are needs for system improvements and these are funded on a "pay as you go" basis

Even after these increases, Abraham notes, the cost of the water component of the bill is less than that of Marana and Tucson.

The town is looking for more ways to make water even more expensive 
In the past, Abraham has stated that Oro Valley has reached a point where conservation has peaked. However, he has decided that increasing water costs will further promote conservation. He announced that the town is looking to update its water rate model. The tentative plan is to add the "Winfield Tier," a water consumption tier for usage of up to 3,000 gallons. This is the amount that the Mayor and his family use.

There will be a public hearing on the proposed rate increase in June
We do not expect any public opposition because people may not know how to oppose this type of rate increase. That will be up to the Town Council. Based on council comments at last week's meeting, we anticipate that only Council Member Bohen may mount any substantive challenge, if indeed one does happen. The rates will go into effect on August 1.

Big increase is really bad timing… Just another nail in the cost of living fisaco...The town can help if it wants to
The proposed water cost increase comes at a really bad time. Every living cost is up substantially, from the Southwest Gas bill to the cost of gasoline. Every product you buy at Fry's is 30% more than it was three years ago, and the cost of prescription medicine is up as well. Additionally, a large majority of people in Oro Valley live on fixed incomes. Perhaps the town should find a way to smooth this significant increase over several years to alleviate the burden on residents.

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"The December Event"

The “Devil Is In The Details” 

In December, Oro Valley Council Member Tim Bohen confronted Assistant Town Manager Chris Cornelison at the town's Pusch Ridge Golf Course. The confrontation was the culmination of months of fruitless effort by Bohen to get substantiation of the reported rounds and revenue at the facility. Bohen did not believe the numbers reported to town by facility operator Indigo Golf.

Bohen searched for answers regarding Pusch Ridge rounds and revenue accounting

From June 2023 through early September, Tim Bohen tried in vain to get answers from town staff on the manner in which Pusch Ridge Golf rounds are gathered. Then, while listening to a September 19 town Budget and Finance Commission meeting, he learned that the town was going to have a special procedures audit performed on Indigo Golf financial information. This was a month and a half after the audit firm of Baker Tilly had already been engaged and actively working on the project.

As it turns out, Indigo Golf is the only organization that could provide answers to Bohen’s questions. In an email to Baker Tilly, Deputy Finance Director Wendy Gomez noted: "We wouldn’t have any of the contractor’s transaction data in our financial software system. We receive their monthly financials and book the activity in our system. Actual transaction data would need to come from [Indigo Golf]." (Source: Email from Gomez to Barter [Baker Tilly Employee], 8-31-23). Thus, Bohen sent emails to the audit firm with questions because they were going to have the access to the information he needed.

Bohen either did not get answers to his questions or received answers that were generic in nature. Indeed, the town may have played a role in that. Town Finance Director David Gephart told Baker Tilly not to respond to Bohen's questions because “…his questions only serve to generate additional questions.” (Source: Email from Gephart to Barter, 1-4-24).

(All of this is documented in the correspondence between the Town, Bohen and Baker Tilly.)

Bohen's frustration got the best of him

It was now December 18. Bohen still had no answers. The town scheduled a tour of the Pusch Ridge Golf facility to look at possible capital improvements. Bohen saw this as his chance to get his questions answered. 

According to Chris Cornelison, Bohen said that "... he didn't need the tour because he had already seen it... he wanted to see the clubhouse...he brought a list of questions he wanted to ask." Cornelison told him "... there is a process and protocol for getting those types of items...Bohen then started yelling at him." (Source V23120927). 

Three days later, Cornelison reported the incident to the police. He said he felt threatened. That was around the same time that Town Manager Wilkins told Bohen that he would need an escort to enter town facilities.

Bohen understands that his expression of anger towards anyone is unacceptable.  He has issued a statement regarding this (See panel).

Bohen never did get his questions answered...

 …even when the Baker Tilly auditor reported the results of their special procedures audit to the town at the January 10 town council meeting, Bohen's inquiries were abruptly curtailed by the Mayor. The matter should have been discussed first in a study session to give Bohen ample opportunity to ask questions because he had many.

Questions that are still reasonable to ask

At that meeting, Town Manager Wilkins told the town council that the special procedures audit gave a 'thumbs up' to the Indigo Golf reported financial results. That is an overstatement, according to the remarks of Baker Tilly partner Hemmerle.  Hemmerle stated repeatedly to the council and in communications with town staff that his firm could not express an opinion as to the fairness of the Indigo Golf provided  numbers... nor could he guarantee that there was no fraud. They had not performed an audit of the reported results. Indeed, the numbers have never been audited.

So, we will never know about the veracity of the past or future golf financial results...

… as reported by Indigo Golf to the town. The numbers have gone unaudited in the past. And as reported in a previous article, the town does not provide oversight of the numbers. As Ms Gomez said in her August email, the Town accepts the numbers and inputs them into the town's ledger.

Instead, we have Council Member Solomon leading the charge to punish Bohen

The council never did focus on what Bohen was trying to accomplish. Led by Council Member Steve Solomon, who is no stranger to threatening controversy, the council instead focused on punishing Bohen for his behavior. He was censured by the council and ordered to attend the next two council meetings by zoom or phone. The council also ratified the town manager's decision that Bohen must now be accompanied on any visits to any town facility.

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Council Election Campaigns Begin (Updated January 5, 2024)

Update as of January 6

There  six people have picked up candidate packets for the election from the town clerk. They are: Harry "Mo" Greene, Mary Murphy, Tim Bohen, Elizabeth Robb, Sarah Lee-Davisson and Mike Zinkin. Zinkin has informed us that he will not seek a council seat. Greene, Murphy and Bohen are running. We have no confirmation on the status of Davisson and Robb.

Council Candidates are collecting signatures to get on the ballot
2024 Oro Valley Town Council election is underway. There are three council seats for election. These seats are held by current council members Bohen, Greene,and Solomon. Greene and Bohen have announced for reelections. There is a third candidate, Mary Murphy, a former member of the town's Board of Adjustment. 

LOVE plans to cover the election from start to finish

...as we did the when these seats were up for election in 2020. We herby offer each candidate the opportunity to used LOVE's Guest View program to introduce themselves and communicate directly with you. We will also provide links to their web sites (right column) as they become available to us.

468 Signatures required to get on the ballot
Candidates must submit at least 468 valid elector signatures in order to be on the ballot. The signatures ("nomination papers") must be submitted by April 8.  Unlike previous elections, we expect that all candidates will use online as well as in-person signature gathering. 

You can sign an online petition for a candidate, starting the process here. Online requires a valid drivers license or your entering in personal data. Once you have done this, you will be presented with a list of all candidates in the state who are seeking to get on the ballot for other elections. Scroll until you find the Oro Valley election.  You are allowed to sign the petition of up to three Oro Valley candidates. And we encourage you to do so.

Positive campaigns by all candidates...
The 2020 election for these council seats was  marred by dirty tricks. The tricksters were current council members Solomon and Greene. They hired a political consulting firm. They mailed glossy "hit pieces" on candidate Bill Garner. Greene solicited the help of former police chief and former mayor candidate Danny Sharp. Sharp in a glossy mailer was in police uniform when he asserted that Garner was anti-cop. The town issued a letter to Greene to remove that picture. (link to 7-14-20), 

Wait. There's more. Solomon also went so far as to slap stickers on his campaign sign, saying that he was going to "Preserve Vistoso". This implied that that Solomon was endorsed by the group, "Preserve Vistoso". He was not. In fact, Solomon was anything but supportive.  He was one of the people who wanted to parse the entire golf course for development.

Would be "a breath of fresh air"
New candidate Mary Murphy has pledged that she is going to run a positive campaign: "I look forward to running a very positive campaign focused on ways in which I can best serve our wonderful Oro Valley community!" We know that candidate Tim Bohen will do the same. We don't have any confidence that Greene will do the same, the third announced candidate.  We suspect that he will focus his election efforts on going after Bohen, if Solomon is also on the ballot with him. We hope that that will be a failed strategy because we don't think people should be elected because they've slammed the other candidate.

Campaign Financing: "You are judged by the company you keep"
Special interest contributions have dominated campaign funding of pro-growth candidates since 2010. In 2020 we wrote Big money buys access, referring to the substantial special interest funding of the last Solomon and Greene campaign. Since then, both have voted in favor of every proposed rezoning, most of which have been rejected by the council majority.  This, as opposed to Tim Bohen's 2020 campaign which was much more modest in funding and all contributions came from residents. Will the same happen in 2024? In Bohen's case, we know it will.  We suspect Solomon,, if he runs, and Greene will do as they did then.  We have no idea of Mary Murphy's campaign financing plan. In any event, we will be watching when the first meaningful campaign finance reports come out in June.

More to follow as we learn more
Our plan is to keep you informed of any developments as they happen during this 2024 council election season. So stay tuned for more.

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Oro Valley Orders Independent Audit of Municipal Golf Financial Results

Bohen has been focused on the accuracy of reported municipal golf operating and financial results

In our view, there are two council members who genuinely dedicate time to scrutinizing the Town’s financial results. One of them is Tim Bohen, a council member who, candidly, can be a source of challenge for other council members and Town staff due to his pointed questioning. Occasionally, the manner in which he poses these questions may make some people uneasy. However, his questions are consistently relevant.  Bohen is serving the public, not the staff nor the Town Council.

Bohen has been actively challenging the accuracy of the operating and financial data provided by municipal golf operator, Indigo Golf. Last spring, Bohen requested that the staff produce point-of-sale data to validate the revenue and golf rounds figures reported by Indigo Golf in their financial statements. Despite raising concerns about these reported results during at least two council meetings, Bohen received no response from the staff and no support from fellow council members. It’s important to note that Bohen wasn’t necessarily claiming that the numbers were incorrect; rather, he believed they appeared unusually high and not in line with what would typically be expected.

Frankly we thought the topic was dead 

That is, until Bohen asked Town Finance Director Gephart  at last week’s council meeting about a topic Bohen had heard during his attendance as the Finance and Budget Commission meeting earlier in the week. 

Town has engaged outside auditors to look at the reporting golf financial results

Gephart told the Council that the town has engaged an external auditor to conduct a specialized examination of the financial records provided by Indigo Golf. The auditor's scope of work includes a review of the contractor's internal control measures. Furthermore, they will assess the integrity of the accounting system by testing sample transactions within the revenue process, scrutinizing point of sale data, and cross-referencing it with the monthly income report. Additionally, the auditor will verify deposits made into the bank account, ensuring the presence of supporting documentation. The examination will also encompass an evaluation of expenditure records.

According the vendor…Municipal Golf earned a profit!

Indigo Golf has submitted an accounting golf operations for fiscal 2023 (See panel). According to their annual report, El Conquistador Golf achieved an operating profit of $73,600, a significant improvement from the originally anticipated loss of $701,139 for operations alone. It's important to note that these figures pertain exclusively to operations and do not encompass the substantial expenses associated with irrigation replacement, which amounts to millions, or other municipal golf capital investment. It remains unclear whether these reported results also encompass the performance of the Pusch Ridge course.

The audit matters for three key reasons

Incentive Fee and Financial Reporting

Indigo Golf receives an incentive fee based on the financial results, while also supplying these results to the Town. Therefore, an independent audit is crucial to ensure the accuracy and reliability of these reported numbers.

Town Council Decision

The Town Council is set to decide the fate of the Push Ridge nine-hole golf course next spring. To make an informed decision, they must rely on accurate financial data, making the need for an audit paramount.

Homeowners Association Payments

Homeowners Associations are paying the Town of Oro Valley for golf course operation. If the golf courses are profitable, there's no justification for these payments to continue. An audit can determine the profitability and guide fair financial arrangements.

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Friend of Pusch Ridge Golf Respond to Bohen’s Allegation That “Pusch Ridge Golf Round Numbers” Are A fraud

Bohen: I believe that [reported rounds played] is a fraud
During last week’s discussion of the use of the Pusch View Course for disc golf, Council Member Tim Bohen questioned the town provided “rounds of golf played” numbers relating to Pusch Ridge Golf. He wants the data to prove the numbers: “I’ve heard it anecdotally, but I want the point of sale data” to substantiate it.

Towards the end of last week’s council discussion on the use of the Pusch Ridge Golf Course, Bohen dropped the following challenge to those who support the course: "I don’t believe your numbers of 16,000 rounds. There is a way to prove me wrong. Show me the point of sale data. We can’t see it. I believe that [the rounds of play data] is a fraud. Prove me wrong.”

We asked Bohen why he chose to make this comment and to whom he was making it. He did not reply as of the date of this posting

Clearly miffed, Tony D’Angelo, President of Friends of Pusch Ridge Golf, emailed council with his response to Bohen’s comments. We are reprinting them here in their entirety. The highlighting is our to help our readers.

Homeowners respond to Bohen’s allegation of fraud: “They are the town’s numbers” 

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.

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 4,000 rounds. The first year of operations in 2021-2022 the town established a budget of 6,675 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

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Council Appropriates $3.2 million More For Naranja Park Buildout

Council appropriated $3.2 million reserves for Naranja Park Buildout
On November 16, the Oro Valley town Council appropriated $3.2 million to “complete” the build out of Naranja park amenities. The approval is exactly what Town staff wanted and includes all of the value engineering changes town staff recommended.  In addition, the council earmarked $509,000 of development impact fees to cover the overrun.

Bond project items that will not be funded at the moment are detailed in our posting of November 16. These will be subject to “pay as you go” spending. 

Nicolson: Sports Tourism is "front and center"

One of the key areas considered by the Council was sports tourism. This concept was introduced to council by former Mayor Hiremath. Councilmembers Nicolson and Jones-Ivey want a world-class pump track that can be used for competition. They think that it will bring people from out of town who will stay in the hotels that have yet to be built. During the one hour discussion, Nicolson, focused only on the pump track. He spoke of nothing else. Clearly, Nicolson wants his pump track.

Musette Drive Connection from Tangerine

Barrett: Borrowing was a good deal when we did it

Vice mayor Barrett commented several times during the meeting to justify why borrowing money to finance the park was good idea. The town received a favorable interest rate on the $25 million in borrowing. The amount of funding to build out the amenities was estimated to be $33 million. Yes. The amount ballooned to well over $50 million, Barrett noted. 

Mayor Winfield claimed that there was no way to predict the overrun

According to Winfield, the original estimate was provided by an engineering firm. This is not the case. It was provided by a Parks Consultant. In addition, the council was advised on several occasion by Public Works Director Keesler that there were materials shortages and that costs were rapidly inflating. 

Solomon: Council ignored statistically valid survey regarding parks priorities

Councilmember Steve Solomon said the same thing that he has said every time this subject is on the agenda. His assertion is that the amenities that are being built don’t follow what people want because they don’t in any way sync with the statistically valid survey that the town did 18 months ago. No one asked for a skate park. Or a splash pad. Residents want trails. Solomon is correct. But that ship has sailed!

Bohen: Last election validates doing this

Councilmember Bohen pointed out that we had a recent election of four people. These are the same four people who proposed the bond. They were reelected. Obviously, the community felt they were doing the right thing.

Greene voted "no" but gave no reason

Councilmember Mo Greene did not vote for the measure. He did not state the reason why he voted “no” since he did not speak. Our guess is that he was caught off guard when Solomon voted in favor. Generally, Greene votes the way Solomon votes.

Winfield's "sleight-of-hand" succeeds

Mayor Winfield is giddy over the fact that Naranja Park is going to be completed. He achieved what former Mayors Paul Loomis and Satish Hiremath were not able to get done. Both Loomis and Hiremath proposed that the town issue bonds that would be paid via a secondary property tax.  Residents voted “no” on that. 

Winfield, on the other hand, circumvented the entire “property tax thing” by issuing a bond that will be serviced from the existing sales tax. A rather clever sleight-of-hand. Oh yes… Winfield and his council also abandoned the “pay as you go” funding for parks improvements. This is a policy that his council at one time affirmed and that all council’s have followed.  The reason that policy prevailed is that is unwise to borrow to fund “wants.”

The "thing in the punch bowl:" Town has no idea what it will cost to maintain Naranja Park

What is lost in all of this is what it is going to cost to maintain the new Naranja Park. Ongoing maintenance cost of the facility has never been considered by this Council  This despite the fact that town ordinances require estimating maintenance cost before committing to build any facility. That is simply smart fiscal management. It is important to know what it is going to cost to maintain a new facility because that cost is borne in future budgets.

Town Manager Jacobs Resigns After Proposing "Laundering" ARPA Funds

Jacobs resigns

Town Manager Mary Jacobs resigned Friday. We do not know the reasons behind this. We do know that she proposed a money laundering scheme regarding $5.38million in ARPA funds. This happened at the Town Council meeting last Wednesday. You can read about this scheme in this article.

We do know that council conducted her annual review as scheduled after she had proposed this scheme. 

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Jacobs proposed laundering ARPA funds 
Jacobs and her staff tried to “pull a fast one”. She put an item, Consent Agenda, item 2, on last week’s council meeting, which was an item that clearly needed discussion. Consent Agenda items are not discussed at the meeting unless a council member requests that the item be pulled for discussion. Otherwise, Consent Agenda items are voted on as a block.

The item called for the council to approve a loan of  $5.38 million from the General Fund to the Water Utility Fund.  These funds were received from the federal government as part of the ARPA award. ARPA required that the funds be used for water infrastructure projects. Under Jacobs’ scheme, the utility would pay back this money with interest over time. 

Rather than simply gifting the money from the town to the Water Utility to build infrastructure, Jacobs wanted to lend the money to the Water Utility so that the town can get it back and use it for another purpose, one not related to the federal allowable use of these funds.

As council member Steve Solomon pointed out at the council meeting, the scheme sounds like the town is trying to get around federal regulations for the use of the money because the town will get the money back and then use it for some other, non ARPA allowable purpose.

Solomon was exactly right.  

The Water Utility was the conduit for the sham transaction

Speaking in defense of the loan arrangement, Town Manager Mary Jacobs said that the money that the utility will be getting would be the ARPA funds which carry the restriction that be used for water infrastructure.  According to Jacobs, the money the town will get back in loan repayment and interest would be unrestricted. It will not get back ARPA funds. The funds would be from the general revenues of the Water Utility.

Attention all.

This is called “money laundering”.

Gephart: It's OK to do this because the Water Utility is an enterprise fund

Town Finance Director David Gephart justified the scheme because he felt that the town should not simply transfer the money to the utility.  Gephart said that the reason that a loan has been proposed is because the Water Utility is supposed to be a self sustaining (“An Enterprise Fund”) entity. Thus, anything that has to do with the Water Utility, including administrative services that are provided by the town must be paid by the utility.

The loan approach, according to Gephart, provides the appearance that the Water Utility is self-supporting. Gephart also explained that the town had no alternative but to use this money for the Water Utility system. That’s because any other allowable uses were just not feasible for the town.

So, why not just gift the money to the Water Utility Fund and be done with it? After all, these ARPA monies were gifted to the town by the federal government  The funds are intended to be used for water infrastructure projects.  In this case, the town’s general fund is merely a conduit to get the money to the town-owned Water Utility Fund because the Water Utility did not get the funds get directly from the federal government.

Jacobs tried to do this "in the dark of night" by putting the item on the “Consent Agenda” segment of the town council meeting

Jacobs claimed at the meeting that she wrote about this loan transaction in April. Council Member Bohen agreed that he found it buried in a document council received back then. The members never discussed it then because they were never really aware of it.

It would not have been discussed last week had it not been for the sharp eyes of Bohen, Jones-Ivey and Solomon. The former two asked for the item to be pulled from the Consent Agenda for discussion. Solomon identified the transaction for the “sham” that it is.

Former Town Manager Jacobs tried to put "one past them." 

Fortunately, she failed.

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Guest View-Tim Bohen: When It Comes To Safety, Foresight Beats Hindsight Every Time

Players injured by light poles at Naranja Park

Some time ago, we learned of an incident in which a player at Naranja Park  ran in to a light pole, causing injury. This is the second time something like this has happened. The poles are not padded and they are mere feet from the playing area. Perhaps, the Town of Oro Valley lacks the experience of running “big time parks.” If they had the experience they should have known and acted on this simple fix to that particulate problem. 

Council Member Tim Bohen has brought this to the attention of the current town council.  We asked Bohen his thoughts on what needs to be done. Here is his response.

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Missed safety issues are costly to the town

“When Oro Valley misses a safety issue, we pay three times when an incident occurs. Also, our reputation for safety suffers

1. We need to investigate the incident 
2. We pay restitution to someone who may be injured 
3. We fix the safety issue so it does not happen again 

Proactive action reduces injury and costs less

When we proactively detect a safety issue we pay once. We fix the safety issue and our infrastructure is in better repair. Oro Valley has slightly lower reserves.   However, the infrastructure on our balance sheet is also improved by an offsetting amount. And we move forward confident that we have acted responsibly. 

With the Town running huge operatonal surpluses, the two safety incidents I have seen resulted in serious injuries and cost our Town needlessly. Everyone knows inadequate safety is costly for the victims. But inadequate safety is also bad business for the Town as we run surpluses. Also, safety issues such as the root cause of the Leonard Lawsuit should never be resolved behind the scenes as we saw on August 18, 2021 [Executive Council Session- details not revealed by town as the Council met in Executive Session to settle this situation].

The lessons learned can be missed

A budget surplus is only a surplus if all of the work for which the budget is allocated is actually done. In these two incidents the Town needlessly deferred a small expense we can afford. Oro Valley later assumed a much larger expense in a later budget cycle while people were needlessly injured on Town property. This failure to act when we should is both tragic for the victims and poor management by the Town.”

Tim

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Council Agrees It's a Priority: Improve Community Center Mobility Access Now

All agreed: Time to act is now

After much discussion last week, the Oro Valley Town Council unanimously agreed to do something now to improve mobility access to the Community Center.  Improving mobility access had been deferred by council for four years because it had become intertwined with a possible redesign of the Community Center.

Resurface.. .improve parking... add a conveyance

Vice Mayor Melanie Barrett  crafted a motion with the help of Councilmember Solomon to get something done now. 

The motion compels staff to make immediate improvements to the mobility accommodations. This includes resurfacing and cleaning up the ramp, repairing electric doors, adding handicap parking. The motion also directs staff to develop a proposal on how to get a "conveyance" into the existing building and to do without any other modifications to the facility. Solomon added, and it was agreed, that this become a funding priority from existing Community Center Funds.

This "fix" has been needed since 2015

Councilmember Solomon presented a timetable [panel right] starting in 2018 showing that there was intention, but not action, to make the Community Center more mobility accessible. He asserted that the current council "...decided to not make community center renovations and the ADA compliance a priority.”

Making the Community Center more mobility friendly was never a priority for any council

Councilmember Solomon's chart is misleading. It notes a date of July 2020. That is the first time that any specific improvement in mobility access was defined by any council. And that happened under the current council.  That improvement was an "elevator." However, the motion that the council passed at that time was to add the elevator only as part of a grand redesign of the Community Center. That redesign yet to happen.

Indeed, as Council Member Bohen noted, a fix for the mobility problem was never a priority of any council. "Something should have been done in 2015" when the town acquired the facility.

Winfield "takes the bullet"

Mayor Winfield observed that the current situation reflects badly on us as a community and on him as the Mayor. “I support universal access. Access for all of us.” Recently, Winfield traveled around the community with a resident who has disability challenges. They toured many of our facilities. Winfield wanted to see our facilities through the eyes of someone else. “I will freely admit that I’ve let the community down in this regard. I could have done a better job.”

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Jacobs Works "Behind Closed Doors" To Craft Economic Development Agreement On Oro Valley Village Center

"Dark of Night" Negotiating
Town manager Mary Jacobs is working "behind closed doors" without council authorization to craft an Economic Development Agreement  ("EDA") between the owner of the Oro Valley marketplace, Town West, and the town of Oro Valley. 

We believe that this agreement relates to the Entertainment District of the proposed Oro Valley Village Center. The cost of that district, according to Town West representative Keri Silvyn, will be from $11-$12 million. It is possible that the EDA may well be for that amount.

Jacobs has been negotiating this EDA since at least the fall of 2020. She has been doing so at a time when the council has yet to approve the many concessions that town staff wants to make regarding this revisioning of the marketplace. We posted about that yesterday.

Only rezoning is supposed to be on the table.. Not "deals"
Indeed, Council has been told that their job at this point is to only discuss the rezoning that has been as requested. Therefore, any EDA between the Town and Town West is premature because it assumes that the council will approve the project as proposed. The council should not be participating in any discussion regarding an agreement on how the Town is going to help make this project financially viable.

Deja Vu 2006: "The Outrageous Giveaway"
We wish to remind everyone of the 2006 "Outrageous Giveaway" involving Oro Valley Marketplace  It was an EDA from which Vestar, the developer and center operator, was to receive 45% of all sales tax revenues during the first ten years,  up to $23.3 million.

In the end, the venture was a miserable failure. In the ten years, the center earned a total of $16.4 million in sales tax revenue, with Vestar getting $7.4 million.

While the Town had agreed to do so, thousands of residents opposed the  "The Outrageous Giveaway." They fought to get the item put on the ballot. It was ultimately approved by the voters, due in part to Vestar's glitzy marketing campaign. However, it was a straight up deal and everyone knew what they were going to get and what it was going to cost. It was not hidden behind closed doors as this one is. (Indeed. LOVE's first post was about this giveaway)

Bohen Asks: Why the secrecy?
Rothchild Responds: Because we can and I recommend it
At last week's Town Council Study Session, Councilmember Tim Bohen asked Town Council Jonathan Rothschild whether keeping these discussions behind closed doors is required by law. Rothschild replied: “What we don’t want to get [into] is a conversation of how much you expect from us or, you know, [what]we want to do because again those are contractual discussions and negotiations. Those are subject to executive session… and what we need to do is to keep [this a] zoning conversation, which is really what tonight’s about separate from that.” (Source: Oro Valley Town Council Study Session, January 19, 4:47:51)

Bohen, once again, asked if this was mandatory. Rothschild stated that it was his strong recommendation. In other words, there is no legal requirement against having public discourse on this.

Council "in the dark"?
We do not know if any council member has been participating in the discussions with Town West on this economic development agreement. We do know, however, that at least one member council, Tim Bohen, has not. Bohen told LOVE: "The draft agreement was never shared with me except a brief view in a meeting with Mary Jacobs near the beginning of my term. And I don’t know if what I was shown is actually current as of today." Bohen asked Town Manager Jacobs for the current draft agreement. As of today, he has not received it.

If Bohen does not know any of the details of the EDA, it is reasonable to assume that the rest of the council does not know the details since "Council members shall be provided equal access to information, documents and materials." (Source: Oro Valley Parliamentary Rules 13.9 INFORMATION)

A pattern of behavior
Jacobs seems to want to keep everything private. And, unfortunately, Mayor Winfield allows her to do so. With Jacobs, the public only finds out what the deal is after the deal is done. By then, there's nothing the public can do about it.

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