HomeMy WebLinkAboutHistorical Records - The Oro Valley Voice (33) anommi.........., 'Wittig OMNI MUM
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Vol.II,No.1 Published for residents of the Town of Oro Valley,Pima County,Arizona January[A]1975
4 I/ 'PLAN PUBLIC MEETING FOR INPUT, TOO'
fiend in YaUR
\ki:\\\ $2 today. Finance committee recommends ways
to boost income, expenses
\\\\187 PAIDj
The Town of Oro Valley's deficit of$9,378 at the end of the Oro Valley which hasn't been
finance committee has made ten current fiscal year—June 30— paid," the report said.
subscriptions already recommendations to the town but surpluses of $35,521 and —That the council explore
to the Oro Valley council concerning the three- $74,770 at the ends of the next other loaning capacity before
year budget projection which it two fiscal years.) "finalizing any arrangements"
voice! presented at the Dec.19 council The ten recommendations all insofar as paying town debts.
meeting. concerned the present report, The committee noted that it has
(That projection showed a or budgets for future years. recently received a $20,000
line-of-credit commitment from
olford says Oro Valley's new The report was signed by A.The
Rhude,chairman of the United Bank; that it previously
hada$ 0,000 commitment from
finance committee, and mem- Valley National Bank; and that
is
bers Victor Frizzel, Steve other bank credit at low interest
mars oStuckey Engle, Linda Jarchow, Paul
g rates was .
robable
Sherick and Lois Lamberson. P -
Byron Stuckey is the "new" Holford replied: "You won't The ten recommendations —When necessary, to pay
marshal for the Town of Oro need to — as you'll understand are: town debts by issuing warrants,
Valley. when his duties are explained to —That figures for the next without funds. "At the end of
Or at least, he's new to most you."He said the marshal would fiscal budget be inflated to the fiscal year,"the committee
Oro Valleyans, who saw him conduct only those chores for reflect the actual population of said, "we may either borrow
presented a marshal's badge by which he's paid as a constable by Oro Valley, estimated at money to pay the warrants or
Mayor Ken Holford at the last the county — serving civil between 1,100 and 1,200. The , carry warrants over into the
regular meeting of the town papers. committee used the official 1970 next fiscal year. At all times,
council. Stuckey later said that his census population of 581 for pay all warrants as funds are
It was the first news that duties to Oro Valley are under estimting 1974-74 revenues and available," the group further
many of them had that Oro the contract between the town expenses. recommended. "If necessary...
Valley even has a marshal, and the county, — currently carry warrants over into the
although one member of the being challenged in court. —That the Town ask U.S. next fiscal year."
Rep. Morris K. Udall to help in —The finance committee
former interim council did recall He said in an emergency, collecting about $2,800 in
seeing the$35 bill come through residents should try to reach recommends that it be involved
Federal revenue sharing funds
when Holford purchased the him through the County "in any future consideration on
badge several months ago. Sheriff's Office emergency to which its entitled. Pima contracts or large commitments
County officials said they forgot of town funds."
Holford didn't say when he number, 622-3366. Before con- to disburse those funds to Oro
appointed Stuckey marshal, or tacting him, however, he said, Valley last summer, so these —That the council assign the
when the council voted on the they should first try the "field finance committee the job of
"sent instead to other political
matter. deputy for that area," who reviewing in depth Ordinance
subdivisions within the county.
Stuckey is constable for varies from shift to shift. No. 8 (setting up the Business
'Justice of the Peace Precinct 4, The contract signed by the —That the Town of Oro Privilege Tax) "and make
presided over by JP Larry council with the county includes Valley in future years refuse to recommendations for clarifica-
Condit, who succeeded Mrs. a$35,255 annual payment to the Pay additional charges for tion and changes to the town
Eleanor Schorr. The precinct sheriff's department for law county sanitation services since council.
includes Oro Valley. enforcement patrol services. "county and city residents now —That the council schedule a
Stuckey doesn't live in Oro It also includes a $2,000 pay a flat charge for sanitation." public budget planning session
Valley. The Precinct 4 office annual payment to the magis- Under a contract signed by the in advance of preparing the
declined to give out his address trate's (JP) court under which council majority in November, 1975-76 town budget. "At this
the town must pay an additional time,"the committee suggested,
or his unlisted telephone Constable Stuckey serves.
number. He later returned a Stuckey has been in the news $7,000 this year. "public input would be received
call, however. recently. The County Board of --That state agencies such as in determining the goals of the
At the recent council meeting, Supervisors objected to the the Arizona Tax Commission be town — which would also help
Town Building Inspector ``Bud" flashing, colored lights he had asked to collect Business determine the budget. (See
Sullenger asked the mayor: mounted atop his car, but he Privilege Taxes for the town. editorial)
"How do we get in touch with succesgf ully resisted the super- "The town attorney should be —That the finance committee
the town marshal if we need visors' efforts to have them Utilized to contact firms where he continued as a permanent
him'?" removed. there is a possibility of tax due committee. (See related story.)
IT WASN'T $12,000 AFTER ALL...
Olt issues warrant to pay $8,601 coucounty
The Oro Valley town council make comments while Rhude During the question-and- Holford replied no, that the
has voted 4-1, Mayor Ken was replying to Hanson's answer part of the meeting, council would "study these
Holford dissenting, to pay questions. several pro-incorporators in the figures and others," and adopt
largely by warrant a bill for The vote on paying by audience praised the finance an interim budget, probably in
$8,822.13 presented to the town warrant also followed an committee report. February."
of Pima County. unsuccessful attempt by Rhude Former Vice-Mayor Virgil
The payment will be made to get a policy statement from One of them — Robert Brandon, who had released
with a warrant for$8,607.13 and Town Attorney Victor Schwan- Benjamin—asked if the council some estimates before and
a check for$215 taken from the beck on a lawsuit filed several is going to introduce this fine during the time he served on the
town's earmarked arterial gas days earlier against the council report to the media, to council, rose in the audience to
overcome the confusion that's "I seriouslychallenge
tax fund. and the Board of Supervisors. say, g
The majorityvote to paymost In that suit, Oro Valleyans been caused by some individual portions of this report." He
council members givingout
of the bill by warrant — which John F. Spaulding, Joseph B. indicated he might say more
the town attorneyhad previous- Seaman and Charles Groty their own estimates in the past. later.
ly termed "an IOU, a legal charged that the town's
instrument of debt"— followed contract with the county —
a prolonged debate by council signed last November by the BusinessPrivilege Tax' clarified
members at the public meeting three majority members at a
Dec. 19 in the Canyon Del Oro sudden Sunday afternoon meet- ,
High School library. ing—was illegal;;they're asking In response to questions about the Town of Oro Valleys
Generally, however, the the court to void it. "Business Privilege Tax ordinance,passed last July 1 but
council meeting was probably Rhude tried to persuade the only recently implemented,the towns finance chairman,
thequietest and mostpeaceful other council members that no Lauren Rhude,furnished the Voice with this clarification.
the town has seen since it payment should be made to the "The thing to remember," Rhude said, "is that where
incorporated last spring. county, in any form, until the contractors who make deliveries here will pay the tax,
Councilmen Robert Hanson suit is settled. they're paying the same as theywould to the City of
and Richard Kolt, a newcomer But Attorney Schwanbeck Tucson if they made their deliveries there — only these
to the town panel, supported said he hadn't yet had a chance funds go to us, in Oro Valley."
finance committee Lauren to read the complaint, and "There is no double taxation,"he said."In no case does it
Rhude's motion to issue a town insisted that the lawsuit "has exceed the regular 4 per cent to the state and the 2 per cent
warrant to pay all but the nothing to do with paying this to the town or city."
"earmarked" portion of the bill" — the one presented He reviewed the town's Ordinance No. 8, which
county debt. earlier that evening by Deputy provides a 2 percent tax on "certain items," as follows:
So did Councilwoman Dorothy County Attorney John Neu-
Montgomery, although she had bauer. Major Provisions
earlier suggested the council Schwanbeck promised to 1. Retail sales made within Oro Valley.
issue a warrant for just $3,000 notify the council members 2. Tangible personal property delivered or installed in
and pay another $5,000 with a within 48 hours of the Dec. 19 the town of Oro Valley [mainly by contractors].
check on the town's bank meeting as to whether they Tangible personal property is defined as personal
account. The town at the time should consult their own private property that maybe seen,weighed,measured,felt,
had approximately$7,000 in its attorneys in regard to the suit. touched or is in any other manner perceptible to the
checking account. The vote on methods of sense.
The final vote, with Holford paying the bill — which was 3. Contracting-Construction.
making a point of voting "no," reduced to $8,600 by the To clear up confusion:
followed a prolonged discussion county's acknowledging that it
of the budget, of the Business hadn't paid approximately a.If you go to a department store in Tucson and buy
Privilege Tax, and of Town $3,700 it owed the town — also retail merchandise you now pay Tucson 2% tax.
Ordinance No. 8, which the followed a detailed presentation You will continue to pay Tucson and Oro Valley
council had passed back on July by Rhude's committee of its receives nothing.
1. three-year budget projection, Example —
Hanson several times in- done with the aid of an overhead If you go to Montgomery Wards and buy
quired about "who will pay the slide projector. furniture whether it is delivered to your
taxes" which the finance (At the study meeting earlier, home or not you pay Tucson a 2%tax.This
committee used in its budget Mayor Holford had attempted does not change.There is no additional tax.
projection; Rhude countered to block Rhude's public presen- b.If you have a carpet contractor, landscape
that it was the committee's job tation of the projected budget. contractor, air conditioning installation, etc., the
to make recommendations But Rhude kept insisting: contractor will pay Oro Valley a 2% tax on
based on the ordinance, not to "We're going to present it" — material, not labor.
comment on the wisdom of it. and he did, with the aid of
He noted that it had been committee member Lois Lam- All contractors are required to have an Oro Valley
passed unanimously by the berson.) Business Privilege License and they may pick up their
interim council. The, council didn't vote application in the town office, 9040 North Oracle.
Several times the packed whetiher to accept the commit- No one will pay a tax to Tucson and to Oro Valley both.
audience found it hard to follow tee's findings as presented, but Contractors who have their place of business in Tucson
the council discussion because it did authorize continuing the and do work in Oro Valley will only pay to Oro Valley.
Mayor Holford continued to committee as a working entity. There will be no double taxation.
WAY CLEARED FOR ORO VALLEY? '
AN EDITORIAL
FCCrefuses to pFor those who've watched the bumbling and listened to the blabbing and backtalk at recent Oro Valley town
council meetings, the last session was a refreshing
on e tax, rano i s e change.
And the reason may have been the council's newest
WASHINGTON—The Fede- FCC rules say that a local member, Richard Kolt.
ral Communications Commis- franchise fee should be"reason-
sion has refused to rule that a able"—in the range of 3 to 5 per Although appointed to succeed Virgil Brandon on the
cent of the cables stem's gross
council as an"aginner"on the issue of incorporation,Kolt
user or excise tax on cable y g impressed both"pros"and"cons"with a little straight talk
television — or franchise fee subscriber revenues each year
such as the one advocated for from cable TV operations within and hard-nosed business savvy.
•
Oro Valley — violates FCC the community. To the obvious consternation of Councilwoman Dorothy
rules. One cable TV firm which has Montgomery, Kolt seconded Lauren Rhude's motion to
In its ruling Dec.26, the FCC approached Oro Valley 'town pay$8,607 to the county with a town warrant,rather than
did suggest that opponents of officials on the subject has with a$5,000 check and a warrant for the balance. Then
such a tax by a state or city on suggested a 2 per cent franchise he, Rhude, Councilman Robert Hanson, and —
cable TV might test its validity fee — which might result in surprisingly — Mrs. Montgomery voted the action over
in the courts. approximately $1,000 per year Mayor Ken Hdlford's"nay"vote.
The communications agency income to the town, based on
noted that the U.S. Supreme participation by half the number Kolt also listened to a well-researched finance
Court has generally upheld as of present Oro Valley house- committee report which projected three years'income and
valid tax levies by states, but holds. expenses for the town — and then moved, with Hanson
has also said that an otherwise The amount could increase seconding, to continue the finance committee "as is,"
permissible state tax would be substantially if (1) the town commenting on the thoroughness of the report and the
held invalid where it impedes negotiated a franchise contract committee's recommendation.
interstate commerce. with a firm to pay more than the The Oro Valley town council now has three businessmen
Cable systems are granted suggested 2 per cent; (2) the as members.Perhaps we can look forward to more council
franchises by the community — cable TV firm were to sell its meetings run in a businesslike fashion.
such as Oro Valley — or by the services to most of the __
state; the FCC grants "certifi- households in Oro Valley, i
cates of compliance"" after the and/or (3) population growth Oro Valley
p within Oro Valleywere toFlorian n
d
applicant has shown he is meeting schedule
followingFCC accelerate.
rules. The FCC was asked to rule on I Jan. 7: Planning & Zoning
the tax question byBigValley, Commission ! town engineer
1
: Finance Com-
Inc., a cable television firm in . )Mid-January:
Vo ice' offers California, and by the Florida mittee meeting I
` Ken Florian, a consulting
Cable Television Association. I Jan.,' :Regular study session! engineer with his own firm, has
free want adsLand Town Council meeting. been named the Oro Valley
f -. r r. Engineer by unanimous
Town E e
fi;1 . y vote of the council.
Got something you want to - -� =s 'R � :�`
syr -`��-�'� �, �,�- -,
swap, buy, sell, or give _ '2--"'''''... Florian,who lives on the east
away? A meetingto ��' i'`� - side of Tucson,was proposed by
Y'
announce? fCo''..'1..%=%'.:1::::.,,i' uncilman Robert Hanson,
Advertise it FREE in the
Oro Valley Voice. -� w oo eyed imt efobata:41/4,-.:
" :11111`1111A-141110‘ recent meeting concerning flood
Just mail inyour free `# '
pain protection.He said he had
` known Florian for some time.
classified ad to the Oro r w- ‘
Valley Voice, P.O.Box 3003, The Voice was unable to reach
Tucson,85702.It will appear -# = Florian for comment, and he
in the next issue of your newL .i wasn'tpresent at the Oro
�� Valley
community paper. 1 town council meeting Dec. 19
Each ad will run once only, "`" when he was appointed. Mayor
(However, you may send in Ken Holford said Florian agreed
several at once.) No phone .. ry
to serve without pay.
calls, please. .
One last word: This free
-v` r~�` � Oro Valleyan James D.
offer is designed to be a Kriegh,a University of Arizona
service to our neighbors in s,:.4, -� engineering staff member who
Oro Valley.Please don't send `` =-,: '-,,,,;...; ill.tl was turned down by the council
in ads for commercial ,: ,, majority when he volunteered
business enterprises. for the job, said he knows
4
And, we're sorry to say, - Florian and termed him a
we may have to omit some "competent, professional en-
ads or shorten them to fit our lJiscussinglawsuit gineer."
space limitations. Florian is a U of A graduate
But remember — it's all Two of the plaintiffs in a suit filed to void the $48,000 contract and has done consulting work
FREE, in the Oro Valley between Oro Valley and Pima County talk it over. From left: for the town of Willcox, among
Voice. Joseph Seaman, Jack Spaulding. [VOICE staff photo] others.
ATTORNEY-GENERAL GIVES OPINION i{
State official says 'closed meeting' ag the law
The new Attorney-General of Queried on this point, Rhude
Arizona has told the publisher of denied it. "I didn't do any such
the Oro Valley Voice, Ted LjA Yri y thing,"he said."As far as I was
concerned, it was an open
Turpin, that town officials who � _ P
barred Turpin from a meeting of meeting."
onor (... €21._cee+,
the council finance committee in A
mid-November probably viola- IliWIP
• Shietds is rebuffed
ted state law. I 1
in e
Mayor Ken Holford later on OVCC takeover
admitted that such action was ,jrof
fry . .��� case
illegal, but he appeared con- V Orville Shields wants the
fused as to who ordered the
meeting closed. . . 1 ` in *t Oro Town of Oro Valley to take over
. ° Oro Valley Country Club, but
Turpin was told the finance t VaII e y)
committee session was "not an 1 \,__)-� f. his request doesn,t seem likely
open meeting" when he ap-
peared at the Oro Valley town In a letter to the town council,
office, intending to cover theiit
•
�� Shields — resident of Linda
session for a storyin the Voice. 't
111 Vista Citrus Tracts, within the
"This is a closed meeting," 1 town — proposed that Oro
Towh Clerk Suzanne Sherick • , Valley condemn the country
said in surprise, when she first club and golf course under the
saw the newsman. Virgil town's power of eminent
Brandon, then vice-mayor domain.
(since resigned) quickly arose a ' The facilities could then be
from his chair and said: VV,` used for a park or other
This is not an open meeting. \ \ purposes, he said.
You'll have to leave.This isn't a „ , ,�
_N\ The letter, portions of which
regular finance committee �.�,�,�1 '
meeting; we're just kicking11111W114111111t'''''''' il Holford, was greeted wwere read aloud by Mayor Ken
around some figures,” Brandonith
insisted.
chuckles by many in the
Present at that moment were another finance committee Turpin next wrote to Bruce audience, but Shields was
several other members of the member,who was just arriving. Babbitt, newly-elected State apparently serious in his
finance committee, including Turpin informed `�him of the Attorney-General, who will be proposal.
Mrs. Linda Jarchow and closed meeting" edict, and sworn into office next week. Holford said he wouldn't
Chairman A. Lauren Rhude,
Engle seemed surprised. Babbitt wrote Turpin: «I embarrass the three council
who had just arrived and was "Did Lauren say that?" he agree with your interpretation members who live on the golf
taking off his coat. asked, referring to Chairman-� of the Open Meetings Law."He course by asking them to vote
Both looked surprised at Rhude._ "No, he -didn't say on such an issue"—referringto
- y said the new state law clearly
anything," Turpin replied. Robert Hanson,
Richard Kolt
Brandon's statement, but saidincludes committees, and-prob-
nothing. Huh. That must be Brandon's ably any committee meeting and Lauren Rhude.
idea," Engle responded. which isn't specifically Turpin notified those present Mrs. Jarchow later told the P y exem P
that he would leave under ted by law — such as personnel 4 new members
protest,but told them: "I think newsman shewas surprised to hiring sessions.
hear Brandon's pronouncement, Turpin's own attorneyad-
you re violating the state "because we hadn't talked about P to noise committee
statutes." vised him in case of any such
anything being closed to the "closed meetings"in the future, Col.Daniel J.Murphy (Ret.),
As he left the town office, he press or the public,"she said."I to refuse to leave. head of Oro Valley's town
met E.S. "Steve" Engle, figured it was a public meeting."
A little more than a week committee for noise abatement,
after the finance meeting, has named four members to his
Clip this coupon -- mail it in with $2 for Mayor Holford phone Turpin to panel.
apologize, saying he had "just The committee has drawn up
your subscription to the Oro Valley Voice! learned about"the press being a tentative ordinance to set
barred — since he wasn't there standards for motorcycles,
My name — and said he understood that dunehuggies, barking dogs and
"Mr. Rhude told you it was a other sources of loud noise
Street address closed meeting." within the Town of Oro Valley.
City State_ ZIP Turpin replied that no, it was Committee members' names
Brandon who made that submitted by Murphy to the
I enclose `2 for a year's subscription to the Oro Valley statement, along with the town town council are:
Voice. clerk, and that Rhude had said Ivan Dethman, 925 W.
nothing at all. Landoran Lane; Dr. Anthony
Mail to: Holford then said that he Kutz, 530 W. Orange Place;
Oro Valley Voice, Sancruval Publications, Ted Turpin, "understood" Rhude ordered Mrs. Shari Motley, 9060 North
Editor. P.O. Box 3003, Tucson, Az. 85702 the clerk, Miss Sherick, before Shadow Mountain Drive, and
• the meet,i ng,to tell anyone who Donald H.Rossi,525 W. Orange
showed up that it was closed. Place.