Oro Valley council authorizes additional funding, 6-1, to restore Vistoso Trails pond amid PFAS and access concerns

The Oro Valley Town Council voted 6–1 on April 8 to authorize additional funding to proceed with the Vistoso Trails Nature Preserve pond restoration, approving a staff-recommended funding plan that covers the base and alternate contract bids and draws $461,399 from the town’s general-fund contingency.

Councilmember Nicholson moved the funding authorization, stating, “I move to authorize and approve funding for the base bid and alternate bid for the Pond Project in the amount of ... dollars 461,399 from the general fund contingency account.” The motion was seconded and carried by a 6–1 vote.

The decision followed more than two hours of public comment in which residents and organized supporters urged completion of a project they say will restore a long-neglected community amenity and support wildlife. Mark Napier, an Oro Valley resident who said the council had already committed $2 million to the project, urged adoption of staff’s funding option and regular updates, saying the community expects the work to finish on budget and on time. Several neighbors described safety and blight concerns at the site and asked for expedited construction.

Opposition centered on environmental and technical issues related to the proposed use of reclaimed (nonpotable) water, possible contamination in pond sediments and whether excavation and disposal could create hazardous-waste liabilities. Former technical reviewer Charles Stack warned council that excavation might uncover contaminants such as PFAS and create a hazardous-waste disposal problem, saying, “If I am correct ... you may have a hazardous waste disposal problem here.”

Several speakers disputed those claims. Joe Bell, who addressed the council during public comment, said the project design includes aeration and that concerns about odors reflected a mistaken assumption that the pond would be left stagnant: “There is aeration. That is just plain false,” he said. Council members also cited guidance from the Arizona Department of Environmental Quality that, in response to a constituent query, noted there are not currently specific Arizona or federal standards expressly applying to nonpotable reclaimed water used in a recreational pond.

Parks and Recreation Director Roz Epting summarized the bid and funding math for the council. The base scope in the winning bid covered the principal pond scope at just over $1.7 million; an alternate (parking and reconfigured pathway) added roughly $113,000 for a combined bid of about $1.8 million. Design costs already incurred were about $427,000, leaving a construction budget shortfall under the town’s original $2 million allocation. With contingency, staff showed option 1 (base + alternate) would require $461,399 from general-fund contingency to proceed; option 2 (base only) would require less. Epting told the council the memorial garden would be removed from the construction scope and funded separately from a recent property sale to reduce the budget gap.

During discussion, Councilmember Murphy urged the council to move forward quickly: “Let's get this done. Let's go.” Other council members expressed mixed concerns about long-term maintenance costs and the project’s fit with town priorities, but many said delaying would likely increase prices for components such as the parking work.

The council’s action authorizes staff to award the contract and proceed with construction funding as described; council members requested regular project updates and asked staff to pursue value-engineering opportunities to manage contingency spending. The motion directed the use of the general-fund contingency account to cover the $461,399 shortfall. No litigation or binding change to the conservation easement was approved by the council as part of this vote.

Next steps: staff will finalize the contract award consistent with the council’s direction and provide routine project reports to the council. Councilmembers and multiple residents said they expect close monitoring of costs and construction milestones.