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HomeMy WebLinkAboutOV90704ANN RODRIGUEZ, RECORDER DOCKET: 12910 RECORDED BY: C_D PAGE: 1058 DEPUTY RECORDER 0224 PE4 1�p4 Lr 0�Od NO. OF PAGES: SEQUENCE: 5 20061990236 SOROV y 10/16/2006 TOWN OF ORO VALLEY 'e �� ORDIN 14:25 11000 N LA CANADA 9$OZ1P ORO VALLEY AZ 85737 CONTACT: DIANE CHAPMAN AMOUNT PAID $ 7.00 ORDINANCE NO. (0) 06- 19 AN ORDINANCE EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE TOWN OF ORO VALLEY, PIMA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING TOWN LIMITS OF THE TOWN OF ORO VALLEY, ARIZONA- (120.5 ACRES, ANNEXATION AREA N) WHEREAS, a petition in writing, accompanied by a map or plot of Annexation Area N, attached hereto as Exhibits "A & B" , having been filed and presented to the Mayor and Council of the Town of Oro Valley, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the Town of Oro Valley, Arizona in the event of annexation within Annexation Area N as shown by the last assessment of said property, which said territory is contiguous to the Town of Oro Valley, Arizona, asking that Annexation Area I more particularly described in Exhibits "A & B" be annexed to the Town of Oro Valley, Arizona, extending and increasing the corporate limits of the Town of Oro Valley; and WHEREAS, the Mayor and Council of the Town of Oro Valley, Arizona, desire to extend and increase the corporate limits of the Town of Oro Valley to include Annexation Area N; and WHEREAS, said petition sets forth a true and correct description the boundaries of the entire area proposed to be annexed to the Town of Oro Valley, and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been madet after the said petition had been signed by any owner of real and personal property in such territory; and ,3 t WHEREAS, the provisions of ARS 9471, and amendments thereto, have been fully observed; and 19 lal WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in they office of the Town Clerk of the Town of Oro Valley, Arizona, together with a true and correct copy o4B the original petition referred to herein, which is on file in the Office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AS FOLLOWS: SECTION 1. That the following described territory be, annexed to the Town of Oro Valley, Arizona, and that the present corporate limits be, extended and increased to include the following described territory contiguous to the present Oro Valley limits, as fully described in Exhibits "A & B", attached hereto and incorporated herein by this reference including county/state lands. SECTION 2. That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the Town of Oro Valley, Arizona, certified by the Mayor of said Town of Oro Valley, be forthwith filed and recorded in the office of the county recorder of Pima County, Arizona. SECTION 3. That all ordinances and part of ordinances in conflict herewith are hereby repealed to the extent of such conflict; SECTION 4. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub -section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 4th day of October '2006. APPROVED this day of 2006. Paul H. Loomis, Mayor ATTEST: Ka E. Cuvelier, Town Gler-k ---- APPROVED AS TO FORM: Meli 4Garrahanit wn Attorney EXHIBITS "A" AND "B" ARE AVAILABLE FOR PUBLIC REVIEW IN THE OFFICE OF THE ORO VALLEY TOWN CLERK BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M., MONDAY THROUGH FRIDAY. THE TOWN HALL OFFICES ARE LOCATED AT 11000 N LA CANADA DRIVE. :L PUBLISH: DAILY TERRITORIAL i2 OCTOBER 19, 20, 23, 24, 2006 ;L i3 POSTED: OCTOBER 12 NOVEMBER 11, 2006 4 RG J. C� a CERTIFICATION OF MAP I, Paul H. Loomis, Mayor of the Town of Oro Valley, Arizona, do hereby certify that the foregoing map is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. (0) 06- /y annexing the territory described in Ordinance No. (0) 06- ) 9 and as shown on said map as a part of the territory to be included within the corporate limits of the Town of Oro Valley, Arizona. Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk Exhibit "A" LEGAL DESCRIPTION ANNEXATION AREA N-2006 That Portion of the West Half (W1/2) of Section 13, Township 11 South, Range 13 East, Pima County, Arizona, described as follows: BEGINNING at the Northwest corner of said Section 13; Thence N 89'44'18" E, upon the North line of the Northwest Quarter (NWl/4) of said Section 13, a distance of 2,625.15 feet to the North Quarter (NI/4) comer of said Section 13; Thence S 00°0743" E, upon the East line of said West Half (W 112) a distance of 3,045.58 feet; - Thence N 38°12'03" W, a distance of 105.85 feet; Thence N 3910636" W, a distance of 323.98 feet; Thence N 52133'58" W, a distance of 227.19 feet; Thence N 10°37'58" W, a distance of 205.01 feet; Thence N 44°21'51" W, a distance of 492jL92 feet; Thence N 64°47'02" W, a distance of 216.22 feet; Thence N 70°51'10" W, a distance of 44837 feet; Thence N 64°50'06" W, a distance of 238.31 feet; _Thence N 80054'46" W, a distance of 241.06 feet; Thence S 81 °02'50" W, a distance of 733.71 feet, to the West line of said West Half (WI/2); Thence N 00°03'04" W, upon said West line a distance of 1,742.63 feet to the POINT OF BEGINNING. Containing 120.5 acres, more or less. Prepared by ,. - 4q David A. Rhine, RLS 2a590 Dl1V'D A. AZTEC Land Surveying, Inc, p 1 :� :I. M ORDINANCE NO. (0) 07 -16 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 120.5-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "N", BEING THE NORTHERN ONE-THIRD OF RANCHO VISTOSO NEIGHBORHOOD 12, LOCATED GENERALLY BETWEEN STONE CANYON AND SUN CITY VISTOSO, PARCEL 219-04-009H; WHEREAS, The Town of Oro Valley, being the owner and applicant, requests approval of a translational zoning from Pima County RH zone to Oro Valley R1-144 zone for Annexation Area "N", located generally between Stone Canyon and Sun City Vistoso; and WHEREAS, the Planning and Zoning Commission reviewed said translational zoning request at a duly noticed Public Hearing on February 60', 2007 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the translational zoning request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Town's General Plan and other Town Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the translational zoning for Annexation Area "N", located generally between Stone Canyon and Sun City Vistoso, be granted per Section 9-471 (L) of the Arizona Revised Statutes and that all applicable standards in the OVZCR and the conditions attached as Exhibit A shall apply thereto said property, SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub -section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7'' day of March, 2007. Paul H. Loomis, Mayor ATTEST: �- PUBLISH: DAILY TERRITORIAL Ka Cuvelier, Town Clerk MARCH 19, 20, 21, 22, 2007 APPROVED AS TpfORM,POSTED: MARCH 15 - APRIL 14, 2007 RG mda Garr , Town Attorney . f 1 F Exhibit A Condition of Translational Zoning OV9-07-004 1. The property shall remain as natural open space in perpetuity. TOWN OF ORO VALLEY I STAFF REPORT TO THE TOWN COUNCIL MEETING DATE: December 7, 2005 TO: HONORABLE MAYOR AND COUNCIL 6 "' FROM: Andreas Molin, Planner �41LC . T SUBJECT: OV12-03-34, WLB GROUP, REPRESENTING STONE CANYON LLC, REQUESTS APPROVAL OF A FINAL PLAT FOR 82 SINGLE-FAMILY LOTS KNOWN AS STONE CANYON VII, LOCATED NORTH OF TORTOLITA MOUNTAIN DRIVE IN RANCHO VISTOSO NEIGHBORHOOD 11 BACKGROUND: The WLB Group, representing Stone Canyon LLC, requests Town Council approval of the Stone Canyon VII Final Plat located in Neighborhood 11 Rancho Vistoso. The existing condition of the site is mostly undisturbed desert, except for the Tortolita Mountain Circle. The topography of the site includes rock outcroppings with slopes of 25-percent and greater. Due to the sensitive nature of the environment where the Stone Canyon subdivisions are located, Vistoso Partners engaged Harris and Associates to conduct a survey and report on the impacts to wildlife in the area. The report for Neighborhood 11 dated August 5, 1998 concludes: "Any development of these lands for houses, roads and golf will inevitably have impacts on wildlife: However, the negative impacts of development can be significantly reduced by careful planning that protects as much of the valuable habitat types listed.....in an undisturbed condition." ironmentally sensitive design was a focal point of the Preliminary Plat review. The Preliminary Plat was fitionally approved by Town Council on February 2, 2005 by a vote of 6-0. All conditions of Preliminary approval have been satisfied. Please see the PAD amendment section below for more information. W AMENDMENT NEIGHBORHOOD 11 AND 12: June 19, 2002 Town Council adopted Ordinance 02-18, amending the Rancho Vistoso PAD to allow certain gas designated Open Space to be developed. Stone Canyon V 1 was one of the areas originally designated len space within the PAD. One condition of the Preliminary Plat approval was that all conditions relating to, dinance 02-18 (attached) are met. All conditions except 4a, 4b, 4c and 4d have been met. They are as The applicant will dedicate the areas to the Town as follows: 65 acres (northeast corner of the NH 11) shall be deeded in fee to the Town at the time of recording of the Final Plat, however title in fee, free from all liens and encumbrances, except conservation easements, shall be transferred into trust within 90 days of the Town Council vote approving the PAD amendment and shall not thereafter be encumbered; Jl u property (120-acre north one-third of RV NH 12) shall be deeded in fee to the Town at the time of recording of the Final Plat, however title in fee, free from all liens and encumbrances except conservation easements, shall be transferred into trust within 90 days of the Town Council vote apProving the PAD amendment and shall not thereafter be encumbered; TOWN OF ORO VALLEY - - ---- - --- ----P Pa e 2 01 v c. Honey Bee Park (77 acres) shall be deeded in fee to the Town at the time of recording of the Final Plat, however title in fee, free from all liens and encumbrances, except conservation easements, shall be transferred into trust within 90 days of the Town Council vote approving the PAD amendment and shall not thereafter be. encumbered; d. Honey Bee Wash. Common Area (98 acres) shall be deeded in fee to the Town at the time of recording of the Final Plat, however title in fee, free from all liens and encumbrances shall be transferred into trust within 90 days of the Town Council vote approving the PAD amendment and shall not thereafter be encumbered; a order for conditions 4a, 4b and 4d to have been met, the dedications of those properties need to be recorded efore this Final Plat can be recorded. A condition has been added for this to be accomplished. URROUNDING LAND USES: he following are the surrounding land uses and zoning: :JMMARY: Zoning Land Use North County SR Vacant South PAD Residential Vacant Stone Canyon East PAD -IV Open Space West PAD Residential Vacant Stone Can on II one Canyon VII will feature a variety of custom homes on one -acre lots. The existing land use designation ider the Rancho Vistoso PAD is Very Low Density Residential (VLDR). The plat is designed to preserve rock .tcroppings and slopes of 25% and greater. VZCR COMPLIANCE: 7erall the plat is in compliance with the OVZCR. kNCHO VISTOSO PAD REQUIREMENTS: e proposed preliminary plat is in conformance with the requirements of the Rancho Vistoso PAD. )pes of 25% and greater are designated as open space in the PAD. The proposed lots "lot" into slopes of 25% 1 greater. To protect the PAD open space areas optimum building envelopes have been established and PAD :n space areas in the lots are designated as conservation easements. The conservation easement will keep in petuity that portion of the lot covered by the easement and designated open space or no build areas. Removal the easement will require Town Council action. Thus there is no grading of slopes that are 25% or greater. :s approach complies with the PAD as follows: 1. The Rancho Vistoso PAD under Very Low Density Residential states "a building envelope shall be located on each lot based on preservation of important natural features of the site, and all TOWN OF ORO VALLEY ' pWN COUNCIL STAFF REPORT Page 3 improvements and disruption to the site must be located within this envelope." The portion of the lot lying outside the building envelope shall be recorded as permanent open space by the plat. 2. The Rancho Vistoso PAD states "The designation of open space not dedicated to a public agency shall be included in deed covenants, conditions and restrictions." The open space in question is private property not dedicated to the public; however, it may be addressed via the CC&Rs and/or conservation easements. The PAD does not preclude platting into open space WATER: With the completion of Water Plant 14, east of the Ritz -Carlton site, water supply is available to the project. Stone Canyon VII may require a booster pump from the I zone transmission line because of the elevation of this project. Vistoso Partners is responsible for the design and construction of the water transmission lines. Due to grades within and without the project areas, it is undetermined how to loop the transmission lines through Stone Canyon IV (to the south), Stone Canyon VII and Neighborhood 12. There is a considerable degree of additional planning needed prior to allowing the release of lots in this area until I zone water infrastructure, including the off -site water transmission lines, are in place and operational. The OVZCR requires that "[e]ach lot shall be supplied with safe, pure and potable water in sufficient volume id pressure for domestic use and fire protection in accordance with Town standards." However, the OVZCR does not preclude the Town Council from approving Final Plat for this project prior to the installation of the water supply system. Accordingly, staff is recommending a condition that the Final Plat cannot be recorded until such water system is in place and operational. GRADING This project provides 82 custom graded home sites on 307 acres. Grading for this phase of construction will be restricted to the construction of roadways and utilities under a type 2 grading permit. A type 1 grading permit will be required for the construction of custom homes on this site. DRAINAGE The existing on -site drainage patterns from north to south will be maintained. Stormwater runoff for the site is conveyed by existing washes through drainage culverts and roadway dip sections that are provided to protect road crossings. Roadside channels are also proposed to protect roadway prisms and divert flows to existing washes as necessary through -out the subdivision. Flows exit the site to the south west via existing drainage improvements and to the south east into Honey Bee Wash. A Floodplain Use Permit will be required on an individual basis to construct bank protection and fill to provide "buildable area" for some lots along the washes situated throughout this subdivision. TRAFFIC Access to the subdivision from Rancho Vistoso Boulevard will be from Vistoso Highlands Drive and in the iture from Tortolita Mountain Circle. The development will have very minor impacts to the area highway network. The area highway network has been designed and constructed to incorporate the traffic generated from this development. TOWN OF ORO VALLEY 10 COUNCIL STAFF REPORT Page 4 GENERAL PLAN COMPLIANCE: Staff finds that the Stone Canyon VII Preliminary Plat is in conformance with the low -density residential land use designation of 1.0 dwelling per acre. As proposed, the plat promotes Policy I. II, to "encourage the use of building envelopes..... [where] the area outside the building envelopes must be maintained in a natural state" and Policy 1.1H which protects slopes of 15 percent or greater. The project is also in conformance with Policy 6.2G by "preserving and enhancing open space area that protects the visual, natural and cultural resources of the community." SUMMARY OF FACTORS: Facts or. 1. The subdivision design and density is compatible with the adjacent residential neighborhoods. 2. The proposal meets all Zoning Code requirements. 3. The proposal meets all applicable General Plan Policies. 4. The design was approved as part of the preliminary plat. 5. The. conditions of the PAD amendment (Ordinance 02-18) have been met. Factors Against: 1. There are no factors against. Oro Valley Town Council Agenda December 7, 2005 Concerning Agenda Item 1 (consent agenda), I: OV12-03-34 Approval of a final plat for 82 single family lots known as Stone Canyon VII, Neighborhood 11 I move that we delete Condition 1 of Exhibit "A" to OV12-03-34, Conditions of Approval, as drafted and insert new Conditions 1 and 2 as follows, and renumber the remaining conditions in conformity with the additions of these new conditions: 1. The Oro Valley Town Council's approval of the Final Plat in OV 12-03-34 shall not become effective until the land described in Conditions 4.a, 4.b and 4.d of OV09-01-09, Rancho Vistoso PAD Amendment, Ordinance (0) 02-18, Exhibit A have been deeded to the Town: a. In fee, free and clear from all liens and encumbrances, except conservation easements, as evidenced in a verified title report; and b. Properly recorded in the office of the Pima County Recorder. The Final Plat in OV12-03-34 shall not be recorded without this Condition, stated in full, thereon. No permits shall issue and Developer shall not commence development in any form until the final plat is recorded in compliance with these conditions. 2. The Final Plat may be recorded and effective for purposes of further development without the property owner's compliance with Condition 4.c of the Conditions of Approval for OV09-01-09, Rancho Vistoso PAD Amendment, Ordinance No. (0)02-18, for the reason that the Town waives this condition as a legal impossibility. The condition refers to transferring the Honey Bee Park to the Town. At about the same time that the condition was adopted, the parcel referred to was, instead, transferred to Pima County for park purposes. Council finds, therefore, that it was and is a legal impossibility for the property owner to transfer the parcel to the Town. Council further finds that the transfer of Honey Bee Park to Pima County fulfills in part the purpose of Condition 4.c, which was to protect the parcel for open space and public access as a park. In Depth:PERS"ONA1,FINANCE • D10 'Nednesday, February 7, 2007 - LEISURE Z3 ARTS THE WALL STREET JOURNA -I • ­'� : ''"' 'it'lis Insurance Case Could w", �� 3 - - - - - d: , , ltl'1%1�111­1 ­ - Shake the Market11 rt : 1'�,� 1 I ! � I . . . . . . I BY STEVEN YARN sured through Pacific Indem Inner, Reginald Marsh, Frederic not," says Judge Gettleman's nity under a so-called Master- Remington, John Sloan and opinion, "on April 8, 2003, Rich- -°f ' asino mogul and mega -col- piece Policy. The policy covered James Abbott McNeill Whistler, and Love admitted that all the CIlector Steve Wynn "all risk"ofphysicallosstovalu- among many, many others, paintings had been sold, andEl; grabbed art -world head- able articles unless stated oth- Periodically, the Frigons that the Gallery had spent the d ,. =µ, lines in January by suing Lloyd's erwise or an exclusion applied. would place a painting with the proceeds and could not pay plain of London relating to a Septem- In what could become a land- gallery for resale under a con- tiffs the minimum sale price." I ber incident in which he himself mark decision, Judge Gettle- signment agreement —agree- It was then that the Frigons $" 11 inflicted damage to his multimil-man ruled that because ofexten-ments that are at the center of and their attorneys —Bryan > lion -dollar Picasso painting "Le sive fraudulent and possibly ille- two lawsuits by the Frigons, one Cave LLC of Chicago —turned l* Reve" by poking a hole in it with gal activities by Mr. Love, the against Love and his gallery, their legal attention to Pacific In- t an errant elbow. The lawsuit definition of "loss" in an all-risk which is still playing itself out in demnity, making a loss report ; seeks an order to force Lloyd's policy such as the one by Pacific court, and the other against Pa- on May 2, 2003. But the insur- " . to expedite Mr. Wynn's claim for Indemnity went beyond the tra- cific Indemnity, which has the ance company denied coverage. reimbursement of restoration ditional definition of loss deep pockets that Love clearly The policy at issue in the Ill costs for the 1932 painting, for g g through theft or damage as in doesn't. (A well-informed source case is an "all-risk" one— I Lloyd's had already whichY h include - the Wynn case to i s ude a r e Y ) P says the Frigons purchased a e o Y g P which as both artier agreed, , p g , agreed to pay $90,000 to re cific kind of "economic" or "fi significant amount" of insur means it covers all causes of store the painting and p g nancial loss as revealed in the ance from Pacific Indemnity.)physicalos Y loss f the insured :` o e e ing fee of $21,000. court proceedings. Between 1997 and 2002, the property, unless specifically ex- Meanwhile, however, a fed The Frigons' problems with g p Fri ons 11paintings—which in g �::.,, "There i n dispute eluded. e e s o u e p eral judges ruling in Chicago Mr. Love started when they un dude works by Childe Hassam, that the paintings at issue are t e p g u "' on Jan. 16 may well have a far Y knowingly placed their trust in g_ Carl W. Peters, Theodore Butler, all covered under the Policy - i� , more dramatic impact on the an art gallery that was, as Louis Ritman and Robert Reid— w.w ..-" .4. and that plaintiffs are no longer t art world than Mr. Wynn's case Judge Gettleman said in his were placed with the gallery on o _. in possession often of the paint- "` in terms of how high -echelon opinion, "insolvent and had consignment pursuant to either ings," ruled Judge Gettleman. The judge cites two prece- dled in this country. paintings, sculpture, antiques been for years." The Frigons a written form provided by the dent cases in which a rightful Says Scott Hodes, the lead at - and other tangible assets such were, in short, the victim of a gallery or an oral agreement be- here the potential land- possession became a wrongful torney for Bryan Cave in the as silver, jewelry and china are form of Ponzi scheme used by tween the Frigons and Mr. Love. W mark nature of the conversion, and then adds, case: "As a result of interpreting bought and sold in the U.S. Mr. Love to help keep his gal- As it turns out, the plaintiffs al- I , case comes into play is "There can be no doubt that the conversion of consigned prop - The ruling, by Judge Robert lery solvent and, as a result, pre- leged, the gallery had been sell- that the Frigons and their attor- Gallery's unauthorized sales de- erty as a loss under an `all risks' W. Gettleman of the U.S. Dis- vent the Frigons from receiving ing consigned items for less neys claimed —and the judge prived plaintiffs of their prop- policy, insurance carriers may trict Court for the Northern Dis- money for paintings that they than the minimum agreed -upon supported —the notion of an erty." Further, the court con- have to consider amending trict of Illinois, Eastern Divi- had given him on consignment prices and then keeping the pro- "economic" or "financial" loss eluded that the plaintiffs met these policies to require prenoti- sign —in the case of Henry F. and that he had sold either with- ceeds. Among such paintings r f showing a cov- fication of a consignment. Some that occurred when Mr. Love their bu den o s o g g and Anne Marie Frigon v. out their permission or below „ unlawfully sold, claim the „ h r d loss, and the defendant had consignments, m turn may ore fraudulently converted the e e o s, a e g yp Chubb Group of InsuranceCom- an agreed -upon financial value. plaintiffs, were their 11 works. status of the consignment failed to meet its burden of show- a higher risk to the carrier, panies' subsidiary Pacific In- As outlined in Judge Gettle- "By the end of 2002, each of agreements without notifying ing an exception to coverage. thereby requiring a premium in- demnity Co., Wisconsin—com- man's opinion, the Frigons had the eleven paintings were dis- the Frigons or without giving The Frigons are seeking dam- crease." bines bedrock financial and le- formed a close personal and posed of by the gallery contrary them all but a small amount of ages of $1.2 million. No date has Mr. Hodes, who represents gal notions with tabloid revela- business relationship with Mr. to the terms of the consignment whatever proceeds he received been set for a ruling on those the artistic team of Christo and tions surrounding one ofthe na- Love, who "tutored Henry agreement through trades from the sales. This definition claims by Judge Gettleman. Jeanne -Claude, among others, tion's most well-known and con- Frigon in art history, apprecia- and/or sales for less than the varies from any traditional no- John Carver at the law firm for adds "that insurance compa- troversial dealers in American tion, collecting and invest- minimum prices," the judge tion of "theft" found inmost all- Pacific Indemnity —Chicago- nies will have to be much more art, Richard H. Love of Chicago. ment. As a result of that rela- said. With the exception of two risk policies. based Tressler, Soderstrom, Ma- specific in terms of howthey de- Asthejudgesaidinhissum- tionship, the Frigons pur- $36,250 installment payments And it was clear to Judge Get- loney&Priers—declined to com- fine loss in these instances." mary opinion, the facts of the chased most of their collection on one of the 11 paintings, pro- tleman "that each and every ment about the ruling, or any And dealers are going to have suit were simple. The Frigons of Early American Impression- ceeds from all sales went into painting was sold in violation of possibility of an appeal. to act more specifically and care - are connoisseurs of fine art and ist art from the Gallery." the gallery's bank account with- the terms of the applicable Con- Given the breadth and speci- fully in the realm of consign - have bought and sold it for a In building a national reputa- out any notification of transac- signment Agreement. More- ficity of Judge Gettleman's ments, long a gray area in the number of years through Rich- tion, Mr. Love claimed, up to the tions to the consignors. over, it is also undisputed that lit- opinion, and considering the world of buying and selling art in and Love, said the judge. At the present day, to offer awide vari- In spring 2003, installment tle, if any of the proceeds from standing of Bryan Cave, an in- America. The Frigon decision, if heart of the case are 11 paint- ety of work by American mas- payments stopped. Henry the `sales' went to the plaintiffs. ternational law firm with a it stands, is likely to open up a ings owned by the Frigons that ters from the Colonial period to Frigon became concerned and According to the undisputed strong reputation in the art- new era of more transparent and were consigned to Mr. Love for the early 21st century —artists demanded that all his paintings facts, the Gallery simply took law field —not to mention the secure dealings in artwork, espe- sale and that the Frigons in- ` such as Robert Henri, George be returned. "When they were the paintings, sold them or high profile of the Chubb Group cially of the high -end kind. traded them for whatever it of Insurance Cos. and the R.H. could get and kept the proceeds, Love Galleries —this ruling Mr. Yahn is a writer and art Tnot They're Grammy Nominees, Too revealing to plaintiffs that seems likely to shake up the and media critic living in Cro- the paintings were gone" way art transactions are han- ton -on -Hudson, N.Y. 11 - - BY Jim FUSILLI ton deploying that familiar "Workbench Songs" (Dual - " Stevie Wonder quaver in his tone) is up against nice work by e hen it comes to the voice. (Mr. Houghton and the Rosanne Cash and the short - Grammy awards, to be group are also nominated in the lived duo Mark Knopfler and Em p resented on Feb.Feb.11 by Best Contemporary R&B Gospel m lou Harris whose nominated 4 ,f the Recording Academy (for- category.) In the rousing "Finale albums are more ablend ofcoun merly known as the National Act One" (EMI), Donald try and rock than folk. Also, Bob Academy of Recording Arts & Lawrence & the Tri-City Singers Dylan is nominated in the cate- 19 Sciences), glory goes to the win- revive some of their hits, and gory for his "Modern Times" ners in the big categories: with "Still Keeping It Real" (Columbia), which might be de - record, album and song of the (MCG), the Dixie Hummingbirds scribed as Americana because year, top pop vocalist and new uphold the tradition they helped it's built on songs by Sleepy John " artist. These winners are likely develop more than 80 years ago. Estes, Memphis Minnie, Ham - to reflect how the academy's As for the Caravans, once the big- bone Willie Newbern and other I votingmembers are influenced gest group in the gospel field, Al- American blues artists. The fifth ' by sales, marketing and prior fa- bertina Walker, Inez Andrews, nominated album is Jackson miliarity with the nominees. Dorothy Norwood and Deloris Browne s Solo Acoustic, Vol. i The less celebrated among Washington reunited for 1" (Inside), a live set of his old rock and folk compositions. ," this year's 108 Grammy catego- ries, which include far -from- the Way" (Malaco), a live set that explodes with fervor andjoy. And on it goes. James Hunt "People ° `" � -`' ' the -spotlight groupings for Na- Some of the categories offer er's American debut Gonna Talk" (Rounder) is nomi'11- - tive American, polka and chil a "which of these doesn't belong rated in the Best Traditional' " 1," dren's albums, maybe home to and why" challenge. The New Blues Album category, even 't �" ; some of the most notable re Age category, for example, is though it contains 14 new comI'll x z¢ _ corded music released between dominated by the kind of lush, positions by Mr. Hunter, many Oct. L 2005, and Sept. 30, 2006. synthesizer -centric music that's of which aren't blues at all. � ' " 11 - � , But, given the ceremony's em- characteristic of the genre. But Meanwhile, in the same cate- ," = 4 phasis on mass popularity, "Beyond Words" (GT) by Gen- gory, Dion's "Bronx in Blue"(Ra "" those discs won't get the spot- tle Thunder, a Cree musician, is zor &Tie) includes 10 blues ini . light they deserve. Take those direct and organic, with a ham tiallyrecordedbyothersatleast r m in the Best Jazz Vocal Album cat mered dulcimer and percussion 40 years ago. It will be interest egory. Diana Krall gets the most at its center. AmoChip Dabney ing to see if voters go for the11Y ` " � ` press among the five nominees, and Will Clipman add flutes, much publicized Mr. Hunter, . ' but the nominated albums by reeds and keyboards. Y who Van Morrison has champ* 11 I Karrin Allyson, Roberta Gam- Certain categories celebrate oned, or Dion, who during his barini, Nancy King and Nancy a single song on an album, and it 50 year career has had dog wop " Wilson are special, each in its isn't easy to determine why a and pop hits, is in the Rock 'n' , own way. particular song was chosen over Roll Hall of Fame but has been n "Foot rints" Concord others. In the Count Instru- out of vogue for quite a while. "`" the smoky -voiced Ms. Allyson mental Performance category, that the c h A ad I may seem t Y , delivers new lyrics by Chris Bryan Sutton and Doc Watson emy is splitting hairs by having Caswell to classic compositions are nominated for "Whiskey Be a category for best song and an , of CannonballAdderly,JohnCol- fore Breakfast" from Mr. Sut- other for best record. The trane, Wayne Shorter and oth- « tons Not Too Far From the former is designed to honor the g & h new arrangements b ers, with g y Tree"(Su arHill),It'safine per- g composer of a new song; the � c , , , I 11 ­1 1-1 I -, -, ,,, ,, �, , ` Bruce Barth. Italian born Ms. formance, but hardly rises Best Record award is for the " - Gambarini lovingly sings and above the rest of a disc that fea team that created and recorded scats tunes b Bill Evans, Dizzy Y tares young Mr. Sutton playing an individual track, including Gillespie, Sonny Rollins, Billy duets with his flat -picking gui- the artist, producer, engineers Strayhorn a dothers on her tar heroes, among whom the leg and mixers. It's all but impossi ble to determine how the nomr U.S. debut "Easy to Love" endary Mr. Watson is the best nating voters arrived at their 11 Groovin' Kind . Ms. Kin who ( ) g' known. Tomm Emmanuel's choices. In the latter category, also guests on six tracks of the ,� ,Y The Mystery (Favored Na- does "Put Your Records On" Allyson outing, is joined by Fred tions) is largely a display of the from Corinne Bailey Rae's de Hersch on "Live at Jazz Stan- tender and not -particularly- but album really sound that dard" (MaxJazz), covering di- country side of his acoustic gui much better than many tracks i verse works by such composers tar prowess. Game Show that weren't nominated? As for i as Fats Waller, Antonio Carlos Rag/Cannonball Rag" is the nom- Best Song, each of the five nomr- I I Jobim and Miles Davis. As for inated track, probably because nees lists no less than three con Ms. Wilson's "Turned to Blue" it's performed at breakneck tributors, which suggests calcu I (MCG Jazz), the singer, on the speed. By that logic, Ledward and construction rather latcusp I of 70, has much to say here Ka'apana should be nominated than inspired composition. than i { u about aging gracefully, and she in the same category for his The Recording Academy is i 1 does so with easy elegance. equally dazzling "12th Street rightfully proud of its annual Another out -of -the -spotlight Rag/Sweet Georgia Brown" med- celebration of a wide variety of I I category that's rich with terrific ley that appears on his "Grand- contemporary music. But its re - music is Best Traditional Gospel master Slack Key Guitar" peated use of the word "best" album. Though the message is (Rhythm and Roots). But that al suggests quality is the deciding spiritual, the celebratory music bum is nominated in Category factor. If you're a nominee in on "An Invitation to Worship" 70: Best Hawaiian Music. one ofthe more -obscure catego- (Zomba) by Byron Cage and The lack of consistency in ries or feel you're up against "Alive in South Africa" (Integ- what album or song belongs in more -renowned artists who rity) by Israel Houghton &New which category can create an un- are in the wrong category, you • Breed straddles the line between even playing field for lesser- may not agree. - .. • gospel and soul, with Mr. Cage evoking Teddy Pendergrass and known artists. In the Best Con- temporary Folk/Americana cate- Mr. Fusilli writes about rock ,; ;. ,. . Andrae Crouch, and Mr. Hough- gory, Guy Clark's cozy collection and pop for the Journal. I s%Wkk�*%r, a''�� `.�e'�+ '°� 'Li'���..3s m'xxfi,�. ..-.�;�4�$.. P� ���'" ,"5..��cS.ti�.'h �y: a. u. e, PERSONAL JOURNAL. © Copyright 2007 Dow Jones 6 Company, All Rights Reserved Moves to Vaccinate Girls --- 1-1 �,­ ly��"­ �- - I �, " i t " ­ � - � � .11, - 1�n�", '. t 110� VFor Cervical Cancer Dr aw Fire t- , f­ -;��%, 4", ',:��, " 11 1, , , I I I Z"� � "'! � lt�'t�-,',",",,,, I I- I I I - � ­��" I 1112�1, I 1, I 11, than man vaccines a measles -mumps -rubella ­ - , � I I s As Merck Lobbies States Y ( shot costs about $42.85 per dose, for instance), , ,� though is generally covered b insurance. y .F = �r g g Y Y ?. T it r sr. o Require e Shots, Some Fret ,t Conservative Christian groups have long &� ? re ",. voiced opposition to the vaccine saying it would .< Over Side eats Morals a Effects, M, w �J conflict vinth their messa e of because Y, it would, in effect, condone premarital sex. How .,r: r _ By JOHN CARREYROU ever, concern has spread beyond the religious 3 x."=�- �, :,11 ° •, % I'll 11 "s, b right asmomentum has grown for making inocula �r ,_ �° ,„„, , BILLS BEING DRAFTED in some 20 U.S. states tion mandatory. A growing number of parents are >z that would make a cervical -cancer vaccine worried about exposing their children to the un- mandatoryr for preteen girls are sparking a foreseen side effects of a new vaccine to protect �" �' backlash among parents and consumer advocates. them from a disease that is no longer very com- The bills coincide with an ag- mon in the U.S. and often doesn't 4 gressive lobbying campaign by develop until much later in life. By Executive Order Merck & Co., the maker of the Tina Walker, the mother of an 01, Main features of the Texas law: � °°-� � �', "- `�only such vaccine onthe market. 11-year-old girl in Flower >4,Called Gardasil the three -shot '` rl e d m t Mound, Texas, says she would �• - • �'�`''- " '°'� Gi sag 11 an 12 us be ,. _ �.. � _ .. � _ regimen provides protection vaccinated against HPV, a prefer to wait until the vaccine against the human papillomavi has been on the market for sev sexually transmitted disease � • rus, a sexually transmitted virus that can cause cervical cancer, eral years before subjecting her that is responsible forthe major- startingin September2008. child to it. "We are the guinea it of eases of cervical cancer. pigs here," h e e she says. a rea t view Y pg , Y V a If the state bills become law, - Parents may opt their children Last week, Texas Gov. Rick they would guarantee the White- out for reasons of conscience, Perry issued an executive order 7 a house Station, N.J., drug maker including religious beliefs; mandating that the vaccine be ad - billions Rush t0 Take Advantage Of New Law That Boosts billions of dollars in annual reve- they must fill out an affidavit ministered to all girls entering nue from the vaccine. available online. the 6th grade in the state as of Deductions for Blocking Development; a Crackdown on Abuse Proposed legislation varies State or federal agencies September 2008. The Texas exec - from state to state, but the bills make the vaccine available to utiveorder,which indudesanopt By RACHEL EMMA SILVERMAN miles from Washington, D.C. The move perma- generally would require girls to Medicaid -eligible girls and out clause for religious or other nently shields the rolling pastures, timber for - show proof that they have re- women up to age21. "reasons of conscience," enabled USCOE R.H. GARNETT Jr.'s farm in ests and croplands from being turned into a ceived the inoculation in order to the governor to bypass what Loretto, Va., hasn't changed housing subdivision or business park. Under enter school. Anumber ofimmuni- would have likely been a heated much since the family acquired it the easement, which is a binding agreement zations—including those for measles, chicken pox debate in the Texas Legislature. in the 1600s. Now, the retired in- typically made with a land trust, the Garnett and polio —are mandatory for U.S. schoolchildren Many of the state bills contain opt -out clauses, 4 surance executive has made sure family still owns the land and can continue to because they block highly contagious diseases that but a few don't. The bill pending in Florida would it will stay that way. use it for farming and timber but most of it can can be spread easily in a group setting. But HPV is bar students ages 11 or 12 from being admitted to Encouraged by recent tax legislation, Mr. never be developed. different because it is transmitted sexually. At public or private school inthe state unless they can Garnett has placed a "conservation easement" Landowners who place conservation ease- $360 for the three shots, Gardasil is also costlier Please turn to the next page on much of his property, located about 80 ments on their scenic, environmentally sensitive or historic properties have long been able to get tax breaks from the federal government, and some states have also begun offering tax incentives. Now, a little -noticed provision in the wide-rang- ing pension law Congress passed last summer has -Messagingmade the federal tax breaks even more generous. Conservation groups say this has spurred a sharp INCE IT WAS popularized by America Online IM from HsDarl n to AlexJWh[t• % AOL's AIM 6.0 uses saging) www. increase in the number of landowners interested in the 1990s, instant messaging has ,,,� t �K f;b tabs to organize aim.com, Yahoo in placing easements on their property. Chan ed_the way people communicate. In -- ___ __ _ _ ;" multiple IM S g Y p p P Messenger 8.1 The incentives are fantastic, and 1 don't the office, IM lets colleagues chat with faster re 'cam t�'`x, '! ; conversations. www.messen- think a lot of people realize it," Mr. Garnett says. sponses and fewer formalities than phone con- t ,�-' �---• 1 vwt at ;p„�" `M"�" " '�` ger.yahoo.com But the expanded federal incentives, backed 11 versations or email. Casual users can keep tabs ru°8fe" Itsoarioa:3b 5px p` 11 and Windows by some influential lawmakers from agricultural on one another'slives. Friends who haven't spo �tey,n,acwa�r,�;,o"o=1 Live Messenger8.lhttp://messenger.live. states are due to expire at the endun- es1 t,Y eeA bad veua e ww p year, ken in years easily strike up IM conversations. IM _u ' tj for M"tVatm com to judge the usability of new fea- less Congress acts to extend them. (A bill recently even introduced us to a new language of acro �11 A3V,,Mhus � tures. Sharing digital files, especially introduced in the Senate would make the changes nyms like BRB (be right back), TTYL (talk to you ma.++�o;"* photos, is now a cinch using any of these permanent, and President Bush also called for later) and LOL (laughing out loud). moofth a t' nPbt , l programs and making calls using your them to be made permanent in this week's budget But overtime, instant messa - ^ _Bxl g x v ' # 0. ,1 ' computer is simple, too. Video chatting g p p g proposal.) For now, landowners might need to act THE ing didn't really change. Some Ok,w youthov ^ ; ' can be done with help from a Webcam. quickly, since conservation easements can take MOSSBERG newer versions of IM programs In the end, AOL came out on top. It of- several months to put together. SOLUTION actually got worse, mucking up , "w fers tabbed messaging, a neat way to or- Here's howit works: A landowner typically do - By Katherine screens with too many advertise +ryia .1 , r b ganize numerous conversations into one nates a conservation easement to a land trust, a Boehret ments and an overload of irrele window; and "notifications" or brief type of non-profit organization that helps put to- , vant content that diminished the summaries of messages that appear on- gether the easement and monitors its restric- real purpose of instant messag- kahunas of the IM world—AOL, Yahoo and Mi- screen when the chat window isn't opened. Nei- tions over time. The value of the donation for fin- ing: communicating. crosoft—have each released new, much-im- ther AOL nor Microsoft restricts the size of pho- come -tax purposes generally is the difference be - Thankfully, within the past few months, in- proved versions of their free programs. tos or files that you can share; Yahoo does. And I tween the land's unrestricted value and its new stant messaging has woken up. The three big This week, I tested AIM 6.0 (AOL Instant Mes- Please turn to page D4 Please turn to page D4 GETTING GOING fund a bypass trust upon the death of the first spouse. If you are going to put assets into a bypass trust, you probably should hire a good ,., ; ; Need an Estate Plan? Don't Go lawyer —and you don't want every thing titled so it goes straight to the surviving spouse. y Cheaply IntoT Tha tGood -Night N t11 I """, 7 , , " ,11 . ­��, Even if taxes aren t an issue, hir- ing a lawyer can be a �, Von can organize your estate for wealth by making reg smart move. "There I next to nothing. But our family ular if g y y gifts during your Free Passage are people with mod may a the price. 1 y pay e p ce. lifetime. Indeed, be Three ways to save on est estates with very Today, there are Web sites tween gifting and care� 71II7� , , , , 11 I probate costs: specific intentions," where you can draft a will for less ful titling, you could p notes N. Brian than $20. Almost all states have transfer almost all Title assets so they go Caverly, co-author of now approved transfer on death ac your wealth directly directly to your heirs. "Estate Planning for counts which allow investments to to our h irs „« y e Dummies. That can Give away money during bypass probate. And with the fed- Inevitably, there require some careful eral estate tax ex will be a few assets Your lifetime. drafting" emption up to $2 that could be subject Su ore o r . J ,� Stash assets in a living pp Y u a e million estate i; e taxes to probate. To ensure trust. bequeathing assets to - just aren't an issue those end up with the young children. You for most folks. right heirs11 11, ti, you could create a sim- might want to specify that their in- �, g p fY Still, there are oc le will usin a software ro ram heritan p g p g ce goes into a trust that dis casions when a little or online service. burses the money over time or only y Jonathan professional help is under certain conditions. Aiterna- ;, , ^lements a good idea. Got a ■ Getting help. Sound appeal- tively, if you are remarried, you large estate or a ing? The low -rent route can make might want a trust that will pay in complicated family sense for folks with modest assets come to your new spouse, but with situation? This is one time when and simple estates. But what if you the assets eventually passing to k r you probably shouldn't skimp. are wealthy or your family situa- your children. tion is complicated? A carefully drafted will can also ■ Going cheap. To be sure, the You still should consider giving give your heirs more flexibility, r do-it-yourself route is remarkably away money during your lifetime. says Pittsburgh accountant and at easy -and pretty darn cheap. That can be both gratifying and torney James Lange. Your daugh Through careful titling, you can savvy estate planning. You also ter might decide she wants her arrange for much of your estate to ought to have beneficiaries listed share of your estate to go directly go directly to your heirs, sidestep on your life insurance and retire to her children. This sort of disI , , � I , �P, , ping probate court and its associ- ment accounts. But think twice be- claimer may be impossible if you ated costs. For instance, retirement fore writing your own will and make extensive use of transfer on ""' accounts and life insurance will changing assets to joint ownership death accounts or if your will isn't pass to the beneficiaries listed. Sim- or transfer -on -death accounts. properly drafted. ilarly, upon your death, property Let's say your estate will be tax- Hiring a good lawyer can also be owned jointly with right of survi- able. The federal estate -tax exemp- a wise move if you own real estate vorship will go straight to the tion, now $2 million, is set to rise in another state, are bequeathing a The standard for wealth management since 1853. other owners. to $3.5 million in 2009. The estate family business or think your will Got a savings account or mu- tax then disappears in 2010, before might be challenged. For these rea- tual funds in a regular taxable ac- returning in 2011, with the exemp- sons and more, Mr. Lange doesn't count? These, too, will pass di- tion at $1 million. Also check out like the idea of folks organizing t rectl to our heirs if you title the w.n, vti..., ",,, ,,..., .. M,. ,..,v _ y y y your state's estate -tax exemption, their own estates. "But it's better „ „ United States Trust Company, r ,. accounts as pay on death or which may be lower. than doing nothing, he adds. A P y, � � � -,,n, "transfer on death." To make full use of these exemp- simple will is much better than no which is a wholly -owned subsidiary of The Charles Schwab Corporation. Banking deposits You can also disburse your tions, wealthier couples will often will at all." are FDIC insured up to the maximum amount allowable by law. Investments are NOT FDIC l INSURED, NOT BANK GUARANTEED and MAY LOSE VALUE'. © 2007 U.S. Trust Cc poration. \ ` \% D2 dnesday, February 7, 2007 THE WALL STREET JOURNAL., -IE WALL STREET JOURNAL. Wednesday, February 7, 200' D9 /NWT- muwar rutwa You should rarFehilly consider investment objectives, risks, and charges and expenses of The Flarflord mutual Funds hefore investing. This and other information can be found in the funds prospectus, which can be obtained fromi your investment representative or by caning 1-8BB-843-7324. Please read it carefully before you invest or send rTioney. ^e �,ar'o .,'" Is lf,.. I,d.,.nrtl ar; , S, ;�Le.� (,�c�.p.- I7r; ;:n: it. s bskiiaies � he liatfur.: Mutta f Weds aru r. t.,.:a,a to d by the is tPord or any o"he! en- ty. 'he Ha t'.;rd M jmal Fund, are ::n.: ;r„ ­,t,,­ and rlstl lhutu i by I, ,ford lrrv­stmentiirancial S e cPs, L.C. e : arid is subject t., b t' e.Ilqt an, n.are It ra. :ak.. ,, a as he 6 1'u irr.,:.t., mainly in mps tme t c,t.,d ,elov ,e,tn rpn g aae; it Is sobje.,t m h--ighteined credit i,k- SFare k,r rF, yield . ni total re%rn -iayflcctuate more than evith -.s aggressive loan a-d 5nnd funds. NCAA is a registered trademark of the National Collegiate Athletic Association. 0 c r Financial Services Group,Inc. 02007 The Hartford of the NCAA Official Corporate Partner el 0 p HEALTH Moves to Vaccinate Girls For Cervical Cancer Draw Fire Continued from page DI provide proof that they have been vaccinated or State by State that their parents optedthemout after receiving in- States that are considering making HPV formation about cervical cancer and the vaccine. vaccination mandatory for pre -teen girls, or have Merck says cervical cancer is the second -lead- already mandated it: ing cancer among women around the world, but the disease's prevalence is actually low in the U.S. ■ California a Maine The American Cancer Society estimates that ■Colorado ■ Michigan' 11,150 women will be diagnosed with cervical can- cer and 3,670 will die from it in the U.S. this year. a Connecticut a Minnesota That's equivalent to 0.77% of cancers diagnosed in the U.S. and 0.65% of U.S. cancer deaths each aDistrict of Columbia a Mississippi year. By comparison, the society estimates that a Florida a New Jersey 178,480 American women will get diagnosed with breast cancer in 2007 and 40,460 will die from it. 2' Hawaii ■ New Mexico Adding to some parents' concern, 82 adverse ■ Illinois ft Oklahoma events among both teens and adult women have a Indiana a South Carolina b been reported since Gardasil became available last June. Many involve common immune-sys- a Kansas a Texas* tem responses to vaccines, such as nausea, fever aKentucky a Virginia or rashes. But a number of patients suffered syn- copes, or fainting spells. Richard Haupt, Merck's executive director of *Executive order enacted. medical affairs, says the syncopes are caused b Y sources: Merck; the National conference of state Legislatures;; Women in Government patients' anxiety at having a needle stuck in their arm and not due to any neuro-immune reaction to the vaccine. Mr. Haupt adds that the number of ton, D.C.-based advocacy group made up of fe-, adverse events is small compared with the hun- male state lawmakers. An executive from Merck's' dreds of thousands of doses of the vaccine admin- vaccine division, Deborah Alfano, sat on Women: . istered so far in the U.S. in Government's business council last year, and However, with any newly approved drug or vac- many of the bills across the country have been in- cine, side effects often don't become apparent un- troduced by members of the group. til a regimen has been on the market for a while, Merck declined to say how much money it has - leading some patient and consumer advocates to funneled into its lobbying campaign, or contrib-' urge states to hold off on requiring vaccination un- uted to Women in Government. A spokeswoman `. til Gardasil's safety is more clearly established. for Women in Government, Tracy Morris, de - Of the more than 25,000 patients who partici- clined to say how much it had received from pated in clinical trials of Gardasil, only 1,184 were Merck. In Texas, one of Merck's lobbyists is Gov. preteen girls. "That's a thin base of testing upon Perry's former chief of staff, and Merck's political`" which to make a vaccine mandatory," says Bar- action committee contributed $6,000 to the gov-' , bara Loe Fisher, co-founder of the National Vac- ernor's re-election campaign. cine Information Center, an advocacy group that "Parents shouldbe concernedthat the only comu lobbies for safer vaccines. pany that makes this vaccine is pushing behind the Gardasil is approved for females ages 9 to 26, scenes for mandatory laws," says Maryann Napoli,, ' and the three -dose regimen is the same for all age associate director for the Center for Medical Con-' groups. The vaccine protects against four strains sumers, a consumer group based in New York. of HPV that cause 70% of cervical cancer cases. At a Merrill Lynch conference yesterday, Mar - So it would not eliminate the need for vaccinated garet McGlynn, the president of Merck's vaccine,, women to have regular Pap smears to detect can- division, acknowledged the company's aggress , cerous cells caused by other HPV strains. HPV is sive lobbying campaign but said, "States decide^ also the virus that causes genital warts. what works for them." She added that she had Merck acknowledges that it doesn't know yet her own daughter vaccinated with Gardasil and, whether an initial vaccination will offer lifetime "immunizing females against cervical cancer is� protection or whether patients will need booster absolutely the right thing to do." shots. So far, the company has shown only that Mandatory vaccination across the U.S. would ` the vaccine lasts five years. make Gardasil an automatic blockbuster for-, Mercy started lobbying state legislatures to Merck at a time when the patents on some of its pass laws requiring vaccination last year after the bestselling drugs are expiring and it's desperate to Centers for Disease Control and Prevention's Com- replace their revenue streams. Gardasil's sales in, mittee on Immunization Practices recommended 2006 were 235 million. that all girls get the vaccine when they turn 11 or m h bi er Cervical canceris a uc gg problem in the ­ 12. Another HPV vaccine, called Cervarix, is in de- developing world, which accounts for more than. velopment from G1axoSmithKline PLC, but so far 80% of cases of the disease. Merck says it's commit- ; Gardasil is the only regimen on the market. ted to bringing the vaccine to developing coun-. As part of its lobbying campaign, Merck has tries, but for now its availability is limited there to ,. been funding Women in Government, a Washing- a few studies and demonstration programs. travelocitye You'll never roam alone." Cruise Super Sale on Now! Every cruise line and destination on sale: CARS Toyota, GM TopList For Best Overall Value IntelliChoiee Gives won best truck under $27,000, while Chevrolet's Silveradot Hybrids High Score; won best truck over $27,000. The Ford Escape Hybrid took. Chrysler Is Shut Out the best SUV under $28,000, while the Lexus RX 350 won', best SUV over $28,000. The By MIKE SPECTOR Honda Odyssey swept the mini- van category for the third Toyota Motor Corp. offers straight year. consumers the best selection of Cost of ownership is some= vehicles that retain their value thing more consumers need to over time and feature other consider when buying vehicles; " ownership cost benefits, ac- says James Bell, IntelliChoice's cording to awards that will be publisher. Car owners "need to," announced today at the Chi- know what it's going to be` cago Auto Show. worth to them at different inter -- Toyota received 11 "Best vals of ownership," he says, and Overall Value of the Year" are "way too focused on awards, handed out by Intelli- monthly payments.,, Resale value can be a signifi- <, Choice.com, a car -shopping Web site. Lexus, Toyota's lux- cant boon or bust for car owners. ury brand, grabbed seven Detroit's Big Three have recently:., awards. General Motors s Corp.'s Chevrolet brand came in a close second, with 10 awards, led by its new Silverado truck. The awards, which included eight overall category winners and 33 winners by segment and ' class, recognized 2007 models that IntelliChoiee determined offer the best cost of ownership The Toyota Prius won as besw car over a five-year period. Among value for a price under $23,000. the factors IntelliChoiee consid- ered in cost of ownership were vowed to curtail the practice of depreciation, maintenance, re- slapping incentives on their vehi- pairs, fuel, state fees, financing cles, which can erode resale value and insurance. and, in turn, make products less In earlier, separate car sur- attractive to consumers. veys, Honda Motor Co. and its Another hot topic for current luxury brand, Acura, topped a car buyers: fuel economy. GM's 2007-model-year resale survey Hummer —much maligned as a by Kelley Blue Book, with Volks- gas guzzler —nabbed a surpris-,, wagenAG coming in second. In- ing award in IntelliChoice's inter- telliChoice recognized Volks- mediate -utility class, with the wagen's Beetle in the convert- new H3. "In its class, it's not as ible category. Edmunds.com, an- awful as the stereotype is for fuel other popular car shopping and efficiency," Mr. Bell says. enthusiast Web site, pegged Noticeably absent from Intel- ' Toyota's Corolla as its lowest- liChoice's awards: Daimler - cost -to -own sedan under Chrysler AG's Chrysler Group.' - $25,000 in its most recent analy- Chrysler is just beginning to see" sis; Honda's CR-V wins Ed- the effects of a quality program'' munds's endorsement for. SUVs instituted five years ago, a com-' in the same price category. pany representative says, and Among IntelliChoice's over- expects more positive response. all category winners, Toyota's to its products in coming years.' popular Prins hybrid won best Ford's Escape was the only car value for a price under vehicle from that auto maker' $23,000. That led a good show- recognized by IntelliChoiee. A'-' ing for hybrids on the entire Ford spokesman says the car awards list, which also recog- maker has revamped its ap- nized Ford Motor Co: s Escape proach to vehicles in the past" sport -utility vehicle and Hon- year and a half, emphasizing da's Civic. more appealing design, new fea: The Lexus ES won best car tures, more standard safety over $23,000. Toyota's Tacoma equipment and lower prices. g • a I 6 r LEISURE 6 ARTS BUSINESS BOOKSHELF I By William P. Kucewicz A :; __, _ without hinting that America which caused prices for vil and aided Saddam Hussein in a gas to fall. Ms. Margonelli also chemical -munitions attack on overlooks the Federal Reserve's From Rig to Pump, and Pipelines In Between Iran ("There's no direct evi key role in the world petroleum dence that the United States market. Crude oil is, after all, Oil On the Brain station and the cheaper regular was first discovered in 1921 helped Iraq plan the chemical at- universally priced in dollars, gas sold at the run-down off- "The United States saw Venezu - tack," she writes, "but ... "). and U.S. monetary policy bears By Lisa Margonelli brand station on the other side of ela as partly its own creation," '` "Oil on the Brain" might have directly on the currency's value. (Nan A. Talese, 324 pages, $26) town? "Gas is gas," Ms. Mar- she writes, in a sentence that be- benefited if Ms. Margonelli had Ms. Margonelli ends her gonelli states flatly. Gasoline, sep- gins the book's alternative paid more attention to the eco- book on a hopeful note. Oil, she t says something about the arated by octane levels, is theme: Whatever is wrong in _" = nomics of oil rather than the pol- says, was once "the original extraordinary efficiency of brewed at the same refineries the world, it's likely America's RZ itics. For instance, she makes no `alternative fuel,"' in that it re - the U.S. oil industry when a and travels through the same fault. The only surprising as mention of the oil price con placed whale oil in the mid 19th California gas -station owner pipelines. It is only at the "rack," pect of the author's by -the -book trols imposed by President century as a source of fuel for confides that he makes more where tanker trucks take on their America -bashing is that the I Nixon in August 1971 and later re- lamps and lubricants for ma - money —more total profit, not loads, that proprietary detergent main culprit is not President movedbypresidentsCarterand chinery. "The next grand vi- just a better margin —selling packages are added to the gas, Bush; Ms. Margonelli's bogey- Reagan. Price controls on oil, as sion," she writes, "has the poten- bottled water than gasoline. But making each brand distinct. man is Ronald Reagan. American public opposed send- well as natural gas, were a signif- tial to bring with it technology, the unexpectedness ofthis reve- Jobbers distribute low- ing U.S. troops to the Gulf," Ms. icant event in the modern his- profits, security, and benefits lation in Lisa Margonelli's "Oil priced, no -name gasoline to the he U.S. military became a Margonelli says, "but Reagan tory of the oil industry, produc- we can't even imagine yet." In on the Brain" also says some- independents that constitute T "fixture" in the Persian used his folksy way to pitch the ing terrible dislocations, result- the meantime, environmental - thing about us: Even though fos- about one-third of the nation's 1 Gulf, she says, following move as the answer to fears of ing in gas lines and shortages. It ists have oil companies to thank sil fuels power our cars, heat our gas stations. It's a tough busi- President Reagan's firm re- another oil crisis." Ms. Mar- was only after price deregula- for saving the whale. homes and generally permeate ness. The combination of on -the- sponse to Iranian attacks on in- gonelli's fixation on the U.S.'s tion that the market responded our economy, many of us know spot pricing and stiff competi- ternational shipping near the shortcomings is such that she by investing more in indigenous Mr. Kucewicz edits GeoInves- relatively little about petroleum tion makes for wafer-thin mar- Strait of Hormuz in 1988. "The can't discuss the Iran -Iraq war exploration and development, tor.com. as a resource and as a business. gins. One station owner ex - Ms. Margonelli, a free-lance plains to Ms. Margonelli how writer, decided to educate her- overpaying by just three cents a IN THE FRAY ( By Emilio Karim Dabul self on the subject, tracing back- gallon on two wholesale pur- ward the path "black gold" chases resulted in a $492 loss An Arab -American Defends `24' and the Real -Life Bauers from the gasoline pump to its that took the profit from 10 sources. The characters she more truckloads of 8,800 gal - meets in the course of her re- lons each to make up. am an Arab -American as There is a dangerous trend And as for" 24" causing a pos- there, as well as doctors, super - search range from a convenience- Such statistics are one of the Twell as a fan of "24." The in the U.S. today that involves sible backlash against Muslims dads, women scientists, etc. store clerk at one of the coun- attractions of "Oil on the Brain," 1 two things are not mutually skirting the truth at the risk of and Arab -Americans, where's But just as it took Saul Bellow to try's 168,987 gas stations to a Ni- which passes along plenty of exclusive, despite what the offending any individual or the evidence of that? The show give literary voice to the Jewish- gerian warlord "who changed others. It turns out that oil Council on American Islamic Re- group. When Bill Cosby talks to is now in its sixth season and American experience, we need the world price of oil with noth- moves quite slowly through lations (CAIR) and other such African -Americans about self- there hasn't been one recorded our own storytellers to weave ing more than a single cell -phone pipelines —at 3 m.p.h. (a walk- groups have to say about this respect and responsibility, and incident of any viewer ever slur- the pastiche of tales that make call." She visits oil fields in Chad ing pace) to 8 m.p.h. The aver- season's opening episodes pos- says publicly what many have ring or attacking any Muslim up Arab -American life. and Venezuela, a Texas rig and age U.S. household consumes sibly increasing anti -Muslim been saying privately or Arab -American be- In the meantime, the next an offshore Iranian oil platform 1,143 gallons of gasoline a year, and anti -Arab prejudice in for years, he's cause of something time a journalist decides to re - bombed by the U.S. during a dis- purchased in 21/2-minute visits American society. branded a "reac- that happened on port on Arab -American con- pute in 1988. Her research "took to the pump. When oil drops to Most of the terrorists repre- tionary," "mis- the show. More cerns about shows like "24," about four years," the author more than 16,000 feet below the sented in "24" through the informed," to the point, in maybe he could actually talk to says, during which she "traveled surface of the Earth, it warms to years have been Arab Muslims. "judgmen- the latest epi- someone other than CAIR and around 100,000 miles" 290 Fahrenheit ("less than the Why? Well, probably because tal," and so sode Presi- the Muslim Public Affairs Coun- Those years and miles would temperature of the fat used to most terrorists today are, in on. When dent Palmer cil, and seek out Arab-Ameri- have been a waste of time and fry doughnuts"), with the heat fact, Arab Muslims. As a descen- 4'24" con- stated, "The cans with a different point of fuel if the companionable Ms. acting "like a refinery" and dant of Syrian Muslims, I am fronts American view. We actually do exist. Margonelli were not such a fine breaking the oil down into meth- very well aware that the major- America's s Muslim And maybe that same re - storyteller. Though she makes ane, butane and other gases. ity of Muslims world-wide are worst fears 01 commu porter couldtake a closer look at clear in the introduction that Though Ms. Margonelli re- peaceful, hard working, and about al ., nity is the CAIR. Ask CAIR about the Holy she is curious about oil mostly mains an appealing narrator as law abiding. That still does not Qaeda— greatest Land Foundation and its sup - in the appalled, global -warming she moves up the distribution change the fact that the great whose goal re- line of defense port of Hamas. Ask it about the alarmist way that Al Gore would stream from gas pumps to refin- est terrorist threat to the U.S. mains to kill as against these ter- 1993 World Trade Center bomb - be, Ms. Margonelli has such a eries to pumping fields, her re- today comes not from the ETA, many Americans as rorists." He advo- ing and the CAIR board member keen eye and acute ear that she porting takes a wrong turn— the IRA, etc., but from one possible whenever possi- cates strengthening who was named as an unin can't help making petroleum a one is tempted to say a left turn— group: Islamic terrorists. ble—the show is said to be E ties with Islamic leaders across dicted co-conspirator in that surprisingly vivid subject. Even about midway through "Oil on And this is what makes "24" guilty of fueling anti -Muslim the U.S., and is opposed to mea- case —yet still sits on CAIR's readers who don't share her the Brain" Instead of pursuing a compelling drama every and anti -Arab prejudice. sures that would in any way in- board. Look a little closer, and anti-U.S. tilt might find much of her story to its logical end by re- week. Instead of pretending Is- Well, here's the hard, cold fringe upon the constitutional maybe you'll find that CAIR has "Oil on the Brain" fascinating. porting on offshore rigs, super- lamic terrorists don't exist, the truth: When Islamic terrorists rights of Arab Americans. good reason to get nervous tankers, high-tech exploration show resents frighteninglysto bein a threat to America's That i I 1 certainly " Much of the most interesting e g p p p gsaid, would ce to y about shows like 24. i has t do with gasoline and other nuts and bolts of the real worst -case scenarios per- survival viewers will lose inter- welcome more characters in Because t rr terrorists an material o g p e o d their and America's enthusiastic a e- oil industry, the author, who is petrated b Osama bin Laden's est in "24 " because it will have movies TV programs and nov- supporters continue to hide pp Y, Y p g pp tite for it. How many drivers, for now a fellow at the New Amer- followers. So CAIR thinks it's lost its relevancy. Until such els who reflect the overall Arab- among us in plain sight, we need instance, who watch per -gallon ica Foundation, becomes a over the top for the terrorists in time, I will continue to watch American experience. Truth is, Jack Bauer, now more than ever. price fluctuations with Scrooge- globe-trotting critic of Ameri- "24" to blow up Los Angeles "24"—because, believe it or most of us don't have bomb - like zeal, realize that the deter- can foreign policy. The diver- with a nuke? Please, if bin not, the idea that there are Jack making skills or a desire to be- Mr. Dabul is a free-lance gents added to gasoline mark the sion is wholly unsatisfying. Laden and his crew had nukes, Bauers out there in real life risk- come human missiles. And writer and the author of `Dead - only real difference between the Her overseas travels start in most of us would be way too ing their lives to save ours does there are Muslim and Arab- line,"a novel about modern ter - pricey premium gas at a Texaco Venezuela, where petroleum dead to argue over such points. mean something to me. American CTU heroes out rorism. oday and perso a D8113 I 7esday, February 7, 2007 THE WALL STREET JOURNAL. • PLATINUM S LEGAL SPONSCW COUNSEL a .k d i "ra �i BRONZE • SPONSOR: i L V �\4 19 CoMAgnl, 20W Dow aon1m it C4ts^Xr.;-, Mlz AA aTYa... Rc�wrw>Q, cif *26 D(iY MNES t HE WALL STREET JOURNAL. Wednesday, February 7, 26, -..- D3 HEALTH '�..''..,tals �� e" � '. onsumers Advice �� Satisfaction Surveys Lead to Changes; Spectrum Health Adopts Family -Centered Care I JHEN SPECTRUM top of Press Ganey's patient pri when they score the highest in from the book "If Disney Ran Health in Grand Rap- ority index, which indicates "a Rating the Hospital Experience patient satisfaction each week. Your Hospital," which has be - ids, Mich., launched a communication disconnect"be- Kent Jackson, director of be- come a bestseller in the indus- patient survey to et feedback tween patients and providers, Room for improvement in patient satisfaction scores g p p havioral health and chairman .try since it was published more about three of its hospitals in according to the report, which Percent of patients in each response category of the patient and family care than two years ago. late 2004, it got dismal results: is based on surveys of more Rank Aspect of care 0 very good Good Fair Poor/Very poor team at St. Luke's Hospital in Ce- Fred Lee, a former Orlando in addition to giving staff mem- than two million patients at dar Rapids, Iowa, says the hos- hospital executive who wrote bers low marks for helpfulness 1576 hospitals nationwide. 1 Response to concerns y the withDis- p and complaints 50.79b pital has boosted already � and attitude toward visitors, pa- But that is starting to 35.8 8.7 4.8 strong patient satisfaction ney for a Year and a half, says tients and their families re- change, says Deirdre Mylod, scores over the last year b of hospitals can draw important 2 Staff effort to Include you toss Y Y lessons from Walt Disney ' ported feeling ill-informed Press Ganey's vice president of in treatment decisions 516% 35.9 R6 3.9 fering perks like activity carts y Co. s about treatments in the hospi- public policy. For the first time, in waiting rooms that are theme parks. tal and unsure about instruc- hospitals this year will be re- 3 Staff sensitivity to,, -. stocked with DVD players, vid In the hospital, patients may tions on how to care for them- quired to participate in the fed- inconvenience 50.3% 38.4 8.3 3.0 eogames for kids, and loaner be satisfied if their basic needs selves once are met and nothing bad hap- eral governments national pa- 4 Staff addressed your;; laptops with free wireless ac ens and if staff members are µi Il they went tient satisfaction survey pro- cess for adults; it also offers pens, home. emotional needs 49.4% 36.9 9.5 4.2 professional and efficient. But gram to receive full reimburse- $25 gas cards to compensate pa- to attain the highest level of pa - "It was acall ment from Medicare. The re- 5 How well the nurses 1011=0410 tients if long waiting times k, to action," says suits of patient satisfaction sur- kept you informed 57,1% have satisfaction, hospitals p 30.2 8.6 4.1 mean they .have to come back have to do better than that R?r, Matt Van Wan- ve s will be posted on the ov another da for a test or rote- « ' Y p g Y p Lee says in an interview. A hos- m' ken, Spec- ernment's hospitalcompare. Note: Based on 2.2 million patients at over 1,500 hospitals nationwide dure. But it is also training staff pital without compassion is like By Laura trum's execu- hhs.gov Web site later this year, source: Press Ganey Associates Inc: members in better communica- Disney without fun," Mr. Lee Landro five vice presi- which will allow consumers to tion skills, like the importance adds. "Hospitals have to create dent. "There ital bud et• t e see for the first time how p g � policy has terns and complaints by 74%. of making eye contact and smil- an experience for patients that werefundamen- tals are ranked by their pa- helped increase the hospital's The hospital also puts up ban- ing at patients. Mr. Jackson will make them go away with a tal aspects of the way we inter- tients—and how they stack up ranking for response to con- ners in different departments says he's drawn many lessons wonderful story to tell." acted with patients that were to rivals. broken." To fix them, Spectrum In an increasingly competi- adopted a health-care model tive market, hospitals are also knon as family -centered care, a t f motivated by evidence that rec- creating a patient and family ad- ° ommendations from friends visory council to help shape hos- and family influence health- pital policy, eliminating set vis- f 'care choices. iting hours, working with pa- To get a better idea of pa- tients to determine who was au- tient experiences, Spectrum thorized to hear medical infor- Health develop p developed an "ex eri- rE "� h mation and make treatment de y ss� �3 ' 5>. x r ence mapping program, with-- cisions, and calling patients at staff members following pa - home after discharge to clarify tients during their visits to van- instructions. ous departments such as obstet- In an industry never known rics. Former patients and fam- ', for attention to customer ser- ily members on its new advi- vice, hospitals around the coup- sory council identified 18 differ - try are borrowing a page from ent goals to improve care, in - consumer -oriented companies, eluding working with human -re - mining patient satisfaction sur- source staff members to "hire yb veys to identify patient pet the right kind of people with a peeves and service problems- p compassionate component Increasingly, the survey find- built into their character" says ings are leading hospitals to Diana Smith, a former heart pa - adopt the family -centered -care tient at the hospital who serves approach, which • advocates as co -chairwoman of the family ` building strong partnerships advisory group. "It starts with with patients and their families P the person who parks your car to improve care: p By the third quarter of last Though hospitals have long year, Spectrum's inpatient satis- v a '" x y p , ; "'► • I r ! conducted internal patient sat- faction scores increased from 4. s sue,gh s �.,Y., ,..::. .n.. ... .. a ...r .,...: isfaction surveys, they haven'tbottom _,. third m the always acted on the lessons Y to better than 64/ of all hos i _., ... r.._. learned. According to a 2006 na tals its aim is to lift itself above � � fit; •� � G. `. � �; aY. � _- �.-°-�-�. _ � � ��; _; _. tional health-care satisfaction the 90th percentile. . ..� report from Press Ganey Associ- At Kansas University Hospi- ates, the leading provider of pa- tal in Kansas City, Kan., chief ex- tient survey services to hospi- ecutive Irene Cumming worked tals, the health-care industry in with her staff to better respond general "is not successfully re- to patient complaints, includ- sponding to the opportunities ing offering an apology such as for improvement presented by flowers or candy when express - its customers." ing regret that a patient or fam- x, rFor the past two years, for ily member was upset about re - example, "response to con- sponsiveness or service. Staff r terns and complaints made dur- can go to the gift shop, and °t ing your stay" has been at the charge a "gift" to a central hos- to Ila lt y- N ce nicer, i tals.fiA By Amy DocxsER MARCUS row, the number of people dying ; from cancer declined. The devel- The 10 federally funded can- opment of so-called targeted cer cooperative groups, which therapies that attack cancer cells enroll nearly half of the pa- but don't damage normal cells tientsinthenationwhoarepar- has increasinglyledto cancerbe- 'A ticipating in cancer trials, have ing considered a chronic condi- f begun to shut down trials and tion rather than a death sen- stop studying certain cancers tence. Many of the trials that led amid funding concerns. to the approval of those drugs by Carron Morrow; - Robert L. Comis, president the Food and Drug Administra- Montgomery, Alabama and chairman of the Coalition tion were sponsored by cancer of Cancer Cooperative Groups, centers participating in the vari- a nonprofit group comprising ous Cooperative groups. cancer centers, hospitals and The Southwest. Oncology patient- advocacy groups that Group recently said it was shut - work to increase participation tmg down its sarcoma and head - in Clinical trials, said 3,000 pa- and -neck cancer trials and no tient spots in clinical trials will longer will run trials inthose dis- � be eliminated in 2007 at cen= eases. The Eastern Cooperativef ters around the U.S. Although Oncology Group will be closing the decrease will affect all can— cers, among the hardest -hit will ais. Many of the groups also will = be rarer cancers such as sar- stop acquiring new tissue sam- coma rare childhood tumors ples for their ovarianendome- trial and lung -cancer tissu e g and head -and -neck cancers Dr. . Comis said; some of the cooper- banks. The tissue is used by re- earchers to search for new drug s ative groups are totally elimi- �. Hating trials in those diseases. targets, among other things. After struggling mthan 15 ears with cardiovascular I The National Cancer Insti- Dr. Comis said the coopera- gg gore an y tute, which provides funding for five groups are postponing disease, Carron had exhausted all conventional treatments j the cancer cooperatives, had one to two quarters all Phase R II clinical trials askedthe groups to come up with . This will delay the for her failingheart. She came to us for the unconventional I cuts because federal funding for chance of getting a new drug ap- proved or getting existing ones the agency has been flat, and in- —the first FDA approved stud using.stem cells from a ■ flation is eating into its spending approved for additional types of pp �' cancer. `The cooperative groupsr power. All agencies under the De patient's own bone marrow to treat heart failure. Over more parhnent of Health and Human arereallytheengineforestablish- ing new standards of cancer care than 40 years we have developed unrivaled experience and Services have been operating un- for the public," Dr. Comis said. der a "continuing resolution," James Doroshow, director of a long history of innovative treatments which give our which extended the fiscal 2006 the division of cancer treatment • budget levels until Feb.15, when and diagnosis at NCI, said the patients the crucial edge in fighting heart disease. No wonder Congress must either pass the fis p g fi g g I agency had asked the coopera- cal2007budgetorextendtheres- tive groups to "make contin- U.S.News & World Report has ranked us among the top ten e olution. Both the '06 and pro- gency plans for the worst -case posed'07budgets maintained es- scenario" and that the cuts are heart centers for 16 consecutive years. More people like Carron sentially flat funding levels for , the result of the continuing effort the NCI, which is part of the Na- to streamline operations. He said are discovering why. tional Institutes of Health. the institute is studying ways to President Bush's proposed ensure that promising studies fiscal'08 budget includes an in- can go forward even when the pa - crease of 0.8% for the NIH over- tient population is small. "We all, but a decline of 0.2%, or $9 won't close down our interest in million, in the NCI's budget, to rare diseases," he said. I $4.78 billion. So NCI officials are Deborah Banker, vice presi- anticipating further financial dent for research communica- constraints. pops at the Leukemia o Lym TEXAS HEARTR INSTITUTE Many groups are facing hard phoma Society, said the organi- 1.800.292.2221 +' choices as a result -of budget zation is studying ways it can texasheart.org The Heart of woes. The cuts at the cancer co- support cooperative -group tri at St. LL!%C2S EplSCOpCIl Hospital groups come at a time als, including the possibility of when, for the second year in a raising private funding. IN In D4 i,yednesday, February 7, 2067 • PERSONAL F1'.- ANCL THE WALL STREET JOURNAL. THE WALL STREET JOURNAL. Wednesday, February ,. 07 D8A I�Il_-i. Le0, _lI� GLOBAL, NATIONAL, REGIONAL TO ADVERTISE CALL 1.800.366.3975 11 19­I�1,, --;1--- 1",',�'i,-1,�f,, _-_tlk_,i�' , _ ) ,_­-­_1�-_�11 y -�l kI,, ",, -Z1T,i�,�-, �,��--5-V�A -�,_-,j_�,,_­,1"1 ,_I1 - �,-��i­I! 1',,1��5,��,.A,�-1� ,1_�I ,_ _I1�"bI K070- )_"�"t,, ,��,,- ,, ,,. A - ¢ . , � " - 1 !' ' t r _ FAX: 214.640.7900' u Afi �..� a ,,... ,a ,� r _ .i O • COMMON SENSE I By James B. Stewart 9 Tax Break With a View Landowners Google, eBay a1la.L Yahoo Continued from page DI "°717E�174'111 " � ;- an executive with value with limited development Wachovia Corp. • Gainful Tech Wager or usage rights. Be careful thou h The Inter- • If you're thinidng of doSt�l�g ing a conserva- nal Revenue Service and Con tion easeme t it's 'magine you were the CEO of ny's plans for integrating You- gress in recent years have been s , best to contact, a a major corporation, and you Tube into its'established concerned with easement .;MOPland trust in your announced a more than 100/ search and advertising model. abuses in which donors have ', , : ,, a, , , "" .. , ,., ; - area to find out if increase in profits. Wouldn't Users can now search for taken inflated deductions or , ,y „ „_; your property quali- you expect more from inves- video clips the way they al- placed restrictions on land with , �: fies. (Try www.lta. tors than a collective yawn? ready use Google to search for little conservation value, such }, org, the Web site of That was the fate of Goo- print sources. Google's strat as golf courses. The new law inf .: the Land Trust Alli- gle, which last week reported egy suddenly became clear: eludes stiffer rules and penal � 11 ante.) There's no that earnings more than dou- The goal is to charge advertis ties regarding appraisals, to pre- minimum size, but bled and revenue jumped 68%. ers for access to YouTube visi- vent donors from overstating " in order to get a tax The stock, then trading above tors by expanding its search the deduction for their land. = " , ,,w deduction the prop $500 a share, dropped immedi franchise to the visual realm: The IRS says it is currently au erty has to meet cer- ately, and this week was hover- Similarly, eBay doesn't diting hundreds of easements. tain criteria, such as ing around $470, break out results for its Skype But the law is designed to en having significant You might surmise Wall Internet phone subsidiary, an- courage easement donations by I, - environmental, sce- Street was other phenomenon embraced allowing larger tax deductions. I % _ ' ' nit or historic value. SMARTMONEY expecting by the under-30 crowd. But it Landowners can now deduct the Peter Bance agreed to conserve Virginia farmland owned by his family since 1840. Also, be sure to work more, ex- did report that registered value of a donation up to 50% of with a tax and legal cept both profit and revenue Skype users jumped 129% this their adjusted gross income per donation on the table," he says. say land trust officials from adviser familiar with local appli- beat analysts' estimates. Nor past quarter, to 171 million year, up from the previous ceil- Mr. Fetcher is planning this Washington and Wyoming to cable laws. did the results generate many world-wide. In contrast to Goo- ing of 30%. That means ifyour ad- year to make another easement Georgia. "Some landowners The land has to be appraised headlines. Google's results, not gle and Yahoo, eBay's shares justed gross income is $100,000, donation of 270 acres to a Colo- whom we've been talking to for (try www.appraisers.org, the to mention those from eBay did rise on the news, though at you are now eligible for as much rado land trust. He expects the five or almost 10 years say that Web site of the American Society and Yahoo, were overshad- $32, they remain far below the as a $50,000 tax deduction a value of the donation will be now it makes economic sense of Appraisers) and may need to owed by the Federal Reserve's $42 they reached a year ago. year, instead of $30,000. And if about $1.2 million, and thinks for them," says Laurie Way- be surveyed, which can cost a decision to hold short-term Even Yahoo, widely derided your income is too low to deduct he- will be able to recoup burn, president of the Pacific few thousand dollars. There are rates at 5.25%. for losing its edge to social -net- the full amount of your gift in roughly half that amount be- Forest Trust in San Francisco. also legal fees to draw up the Sometimes I feel like I'm working sites like MySpace, is one year, you can now carry for- cause of the higher federal tax Conservation easements can easement, which can cost sev- the last of the Internet bulls, about to unveil its new Panama ward the deduction for 15 addi- deductions and an increase in generate other tax benefits, too. eral thousand dollars, depend - clinging to my optimism in the search engine, which promises tional years, up from five years They can cut estate taxes, be- ing on the complexity of the deal. face of increasing investor apa- to significantly improve its previously. cause the land is considered to be Some land trusts also recom- thy. I took some losses on Ya- search operations and boost Ya- Property held in family lim- Donating the Farm worth less under an easement. A mend landowners make cash do- hoo and eBay last year, but hoo's online -advertising profit. ited partnerships, limited liabil- A recent law boosts tax incentives growing number of states offer a nations to the land trust to help long term, who else is deliver- The issue isn't so much ity companies and some types for landowners to donate range of income tax breaks. Colo- fund the organization's future ing reliable double-digit profit whether Yahoo takes share of corporations may also be conservation easements, which limit rado and Virginia, for example, monitoring of the the easement. and revenue growth besides from Google or'vice versa, but able to take advantage of the in- development rights. Here are some give donors state income tax Because easements are the Internet Big Three? whether search advertising creased deduction limits, says highlights of the new rules: credits that are transferable, placed in perpetuity, a family True, their sheer size continues to take share from Stephen J. Small, a Boston tax which means that landowners has to be sure it wants to perma- means they aren't going to traditional non -Internet adver- lawyer who specializes in con- ■ Donors can now deduct the value who don't need the tax credits nently restrict development -- grow at astronomical rates. tisers, which I believe it will. servation easements. of the easement -up to 50% of can sell the credits to other tax- and the potential for a big wind- But their lower price/earnings In sum, I plan to add to my The law is even more gener- their adjusted gross income each payers for instant cash. You may fall —before committing. r ratios, not to mention share Internet holdings. Now that ous for career farmers and year. even get a property tax break, de- Several months ago, after dis- prices well off their highs, al- more than a month has elapsed ranchers who earn at least half m Qualifying farmers and ranchers pending on where you live. cussions with his wife, children ready reflect lowered expecta- since I sold eBay and Yahoo for their income from their land. may be able to deduct easement Conservation easements can and grandchildren, Eslick tions. Google's revenue in- tax losses, I'm free to add to These property owners, who are values up to 100% of their income. vary. A farm ,owner, for in- Daniel placed a conservation creased better than expected, my holdings without risking often land -rich, but cash -poor, I stance, could still retain the easement on his 200-acre farm but lower than the prior quar- tax consequences. I plan to do can now deduct up to 100% of ■ Donors can take deductions for right to farm the land and to in Columbia, Tenn., near Nash- ter's 75% or the first half's so gradually, unless there is a their adjusted gross income. "If their contributions over as many build a couple additional homes ville. The easement on the farm, 93%. This had some investors significant market correction you're a farmer you could pay no as 16 years. or barns, but could limit the called "Sweet Easy," limits de- crying that Google was now a and a major buying opportu- federal income taxes, for 16 aThe incentives are slated to expire land from being further subdi- velopment, except for a couple mature business. Yahoo and nity arises. I didn't sell any Goo- years," says Rand Wentworth, at the end of 2007, unless vided. Property owners can sell of building sites that Dr. eBay, which simply because of gle, so I plan to be even more president of the Land Trust Alli- Congress extends them. their land, but buyers are obli- Daniel's descendants could use greater seniority are more ma- patient. Still, I would consider ance, a coalition of 1,600 land gated to honor the easement. for housing. For Dr. Daniel, 65 ture, reported revenue growth anything below $450 a bargain. trusts across the country. I Peter Bance, who owns Vir- years old and a retired orthope- of 13% and 29%, respectively. Most great fortunes weren't Colorado rancher Jay state tax credits. "The changes ginia farmland, recently placed a dic surgeon, the tax incentives To their credit, none of made in a quarter or a year. To Fetcher in recent years placed helped us," says Mr. Fetcher. conservation easement on 65 weren't a factor. "We wanted to these companies is standing me, the Internet stocks still of- , conservation easements on two Still, he says the financial incen- acres of the land that has been in keep it where it would be open still. Their high research -and- fer my generation the hope for large parcels of his 2,000-acre tives are secondary to his desire his family since 1840. The prop- land for our family and for other development spending and in- a financial home run. cattle ranch near ski resort to preserve the land, in his fam- ertywas zoned to allowconstruc- per -, - "' ­ says. vestment in human capital Steamboat Springs. The first do- ily since 1949, with its sweeping tion of six housing sites, and he should be applauded rather James B. Stewart, a columnist for nation, of 1,350 acres, was worth views of mountains and pine for- donated five of those sites to a r z s than criticized as soaring costs. smart Money magazine and smart about $1.1 million for tax pur- est. "Our family has no desire to state -run land trust. (He kept one ' " � -' Google's results reveal noth- Money.com, writes weekly about his poses. But Mr. Fetcher, limited at ever see the ranch developed. site in case a descendant wanted ,, €7 ' ,,1 t A!.. _ _r_.r : ` ing of the potential for its personal investing strategy. Unlike the time to deducting a small por- That's at the beginning of it all," to build a house in the future.) - _ ,. , . bold acquisition of YouTube Dow Jones reporters, he may have tion of his income, was able to says Mr. Fetcher. "We think we have a piece of _- and its move into video adver- positions in the stocks he writes take only about $60,000 of that The tax -rule change has gen- heaven and we hope to keep it _._ �. ., tising. But Google's Web site about For hispast columns, see: donation in deductions over six erated sharply increased inter- that way for generations to �VSJ.eosn 0nitne%day recently unveiled the compa- www.smartmoney.com/wsj•commom years. "We left almost all of the est in conservation easements, come," says Mr. Bance, 55, who is GADGETS Ratingthe New Instant- MessaPro rams Continued from page Di — ----- had a hard time getting video - ,. chatting to work with Yahoo' > -1_ ;� i Messenger. Of course, competitors "K ate n s nvae y®;w a 'A �y , I0�,"1'-­�I"I �x abound. These include Apple sNPhmeswaP.oay�,eantar r ®p(aarr(-o, ,I__,��_,, Inc: s iChat, which comes pre- a- ? 12 loaded on Macs and works with gnu gn=re d,= ' -= z , '' "^� , h ��. '1 a .Mac or AIM account, and Goo- �,eadMSNMatoSwap� — � � .; ,-,, S I.` 1 Y h k gle Inc: s Google Talk, which is 'we<s�r ­1MI_ ,I I,, 1 rudimentary compared with =�Gsa•�: Looks kk4 aW883bt2st I ,= �IV'� , ,. . -" �, the leaders. If ou re interested y rASN Phoro Saap says: - II"-�� :. : , ; , (. - i in a specific type of instant mes- COIWrt has ranted coats'" . _I�i saging, Skype Limited and Sight- . n 5� L , - �� IMt' ' 1r = 1 I " Speed Inc. offer IM programs that specialize in phone and = "­, �< v video capabilities, respectively, ~' ,. . .H . "� � " though they both allow textmes- Am !,.'­ saging as well. And products like Meebo and Trillian let you log into numerous IM accounts -....:,_v _ ,_, .; .. , ..x I, y "­ simultaneously s n e, .—....�. Lax - x- I F, AIM 6.0 simplifies every- tabbed IMs were an easier way Photo sharing is E thing, starting with the way to converse with multiple now made simple ,i� ipp?l ,,,,./! j your buddy list looks. At the top, friends at once while also keep with instant A,,,,,K,iit, Q,hey-howwaslt below an advertisement (all ing my desktop tidy. messaging. ic it was grpaatt three programs have ads) is a If you're logged into AIM Clockwise from top search box for finding buddies. while working in another pro left: Windows Live �r. , ` Your screen name appears be- gram,saywritinginaWorddoc- „- Messenger 8.1, „-. f� low this, along with adrop- ument, and someone sends you AIM 6.0 and Yahoo onKU,."nice sunset down Set Away menu that lets an instant message, at least Ixesea.4heweatherwasgrearsvhifel Messenger 8.1. Ivr�townthere r , you quickly display an away mes- part of the message pops up , :, sage instead of digging through from the bottom right corner of ,,,< , - - "' - . -, menus to do so. Three boxes be- the screen -even if it's not the low your buddy list let you send first time he or she IMed you , . IMs, set up your buddy list or de- since you logged on. These noti- cide how you want to communi- fications can be turned off if you cate with a buddy. Four discreet, don't want to be distracted. But photo you both see. All three op- tions. In my tests, none of these make free PC -to -PC phone calls, round icons below these boxes the notices were helpful when I tions enhance your interactive were exceptionally good, but I and doing so took only a few sec - direct you to phone options, as might otherwise have missed experience. AOL and Windows was able to conduct passable onds. Outgoing calls can be well as links to AOL's radio and an incoming IM. Windows Live Live Mail let you view photos in video chats using AIM and Win- made from your PC to a phone video offerings. Messenger and Yahoo Messen- a slide show format, a hand- dows Live Messenger. In Yahoo (cellphone or land -line) for a fee AIM's best feature gets go- ger don't offer these pop-up some touch. video chats on two different com- using any of the three programs, ing when you start chatting message summaries. Yahoo puts a limit on how puters, the audio didn't work while incoming calls can only be with more than one buddy at All three IM programs offer many photos you can send per and I wasn't able to see my chat received on AIM and Yahoo, not the same time. The left side of smart, quick methods for shar- share (300) and the size of other buddy —only video of myself. Windows Live Messenger. You your chat window automati- ing photos and other kinds of shared files.per share (one gi- 1 The Windows Live Messen- can also send instant messages tally turns into a list ,of tabs files. They all allow instant gabyte). These are high limits ger and Yahoo Messenger buddy to cellphones; I did this easily by with buddy screen names in or- photo sharing by opening a but limits nonetheless, while the list views are just plain busier entering a friend's mobile num- der of who messaged you first. photo -viewing screen that runs other two programs have no than AIM. In Live Messenger,17 ber and typing a message. My If someone sends you an IM either in or alongside your IM limit on the number of photos or different icons vertically line the friend was notified of the incom- ,while you're chatting with some-. conversation. Photos can be sizes of files that you share. list's left side, including icons for ing message on his phone. one else, a green exclamation dragged and dropped into these Video messaging works Xbox, eBay Inc., Match.com and All three of these programs point appears beside the send- screens to instantly share with when both parties have Web- MSN dating. These can be turned make it easier to share photos er's screen name. To swap from others: I tried this using all three cams attached to their comput- off if you dig into settings, but ap- and large files and initiate phone one buddy to the next, select a programs and was impressed, ers. Instead of, or in addition to, pear by default. At the bottom of conversations using instant mes- screen name on the left-hand even with large photo files. In sending a text -only instant mes- this buddy list, ads are mixed in saging. AIM 6.0 offered the best side and type away. Windows Live Messenger, cer- sage, one user initiates a video with plugs for Microsoft videos overall experience by creating The old method of IMing, tain photo -sharing tasks can chat and the other accepts the in- and music content. ways to make the regular chat - still used by Yahoo Messenger crash some PCs using the new vitation, allowing each person Also by default, Yahoo Mes- ting experience smarter, while and Windows Live Messenger, Windows Vista operating sys- to see the other in a small win- senger's buddy list shows plug- Yahoo Messenger had hiccups involves opening a different tem. A fix is in the works. dow on his or her screen. Both ins, or links to Web applications, with sharing limitations and window for every conversation AOL and Yahoo show a mini parties can also speak to one an- for three of Yahoo's programs. sketchy video chatting. that you start. If you really miss view of which photo your buddy other. These are easier to hide than the —Edited by this while using AIM, you can un- is looking at and vice versa, The quality and smoothness Windows Live Messenger icons, WalterS. Mossberg group conversations from the while Windows Live Messenger of video and audio highly depend but are annoying nonetheless. tabbed window. But I found that lets one person control which onbothparties'Internetconnec- Each IM program lets you MossbergSolution@wsj.com Wireless Web Moves Toward Open Access By ROGER CHENG I , Wireless carriers histori- -ally have preferred to sell direc- tory and other services through :heir own networks. But now, --arriers have gradually begun )peeing up their Web access. Cingular Wireless, owned :)y AT&T Inc., gave Apple Inc. `ree rein to put its own content ind browser in the recently un, ireiled iPhone in a rare demon- -tration of blind faith in a de= Ace maker. It typifies a change .n attitude and a new willing- , ess to loosen their once -tight :ontrol over their, subscribers. Cingular's move follows ef- Forts by Deutsche Telekoln kG's T-Mobile USA to make its T-Zone browser more open, and Sprint Nextel Corp. to improve Its mobile Web experience. A restrictive mentality and :he clunky user interface found :m many handsets, some argue, impedes the growth of data ser-s Aces and keeps traditional Web --ompanies from getting into :he mobile Internet business. Verizon Wireless, jointly :)wnedby Verizon Communica- tions Inc. and Vodafone Group PLC; still retains the tightest :ontrols. The strategy, how- --ver, hasn't hurt its customer oyalty, as it boasts the lowest turnover rate in the industry. With the carriers offering Frustrating and clumsy brows- ers, some believe they would be oetter off letting companies ;uch as Google Inc. or Yahoo [nc. deal with the user interface. Yet the carriers' restrictive con- trols have meant the Internet ti- tans have had difficulties break- ing into the mobile market. While there was a lot of noise over their partnerships with handset makers, none of :he carriers have adopted ei- ther Google Mobile or Yahoo Go .'or Mobile. The closest they ,iave come are links to Yahoo Ind MSN. "The battleground will be about who will own the cus- tomer, and control access to con- tent and services," says Dave Sanderson, head of consulting Firm Bain & Co.s global media practice. Mil'a, "" i You bring life to tke wd�el: it retums the fdvor . Sdn Kio will be d community of bredthtdking homes, cottages and villas like the qudint viciiterf rontVilldges of the Floridd Keys:. San Rio Ocean & River Clubs Gri%id' " )ening IVldrek 23rd-2jtk You must K.S.VP to attend, so cd11866.2.z2,,of -! "ilt VVW.SanRioNC-com/vc lstr� :. North C.drolino Gods, Signature Communities. Ideal Ooportunities. Wakefield Development Companl <learch : nmunities at WakeDe c . . Renderings, photos, proposed amenities d p s p t plans and are Subl ^,,, ro hang. wth..t of P z eni rtu T G intended to be an o tc - � z -y� pestar - registraGon is r - I --- b=eiJ -- - -- -- - i Ng i- i, �,% -� M � ­1— Ft, HE t r �.44 V L "� � j �x s t nI �P- -1`, ONT sI , ��`_ `--�A " . �_£ a� ,_ _... __ _ , - . A Presenting a multi -generational Vermont homestead with spectacular westerly views and.first rate architectural renovation on 10 protected acres with original barn. Spacious enough to have multi -uses such as a high end bed & breakfast, holistic center or a perfect family'retreat. $995,000 HOISINGTON REALTY INC. 489 MAIN STREET, BENNINGTON, VT 05201 888-442-8337 INFO@HOISINGTONVT.COM VISIT OUR WEBSITE AT WWW.HOISINGTONVT.COM i Come and discover our New Luxury 7 Townhomes on the Fairways. No other property in Southern Vermont compares to these spacious, 3 bedroom/3 bath Town ,i _ homes overlooking the Haystack '. Golf Course in Wilmington, Vermont. $,` ; Open floor plans with views. Upscale fixtures, finishes ' and many 1 custom options available. Please call (802) 464-2366 for ,r,.-s �� " _ more information. TreeTop at Stratton Mountain New Construction - Professionally Decorated & Furnished Rent Until You Close SKI-ON/SKI-M from the best location in TreeTop. Brand new 2,400 square foot Adirondack style townhouse with four bedrooms, an extra den and four full baths. Various decks and balconies and a large private outdoor hot tub overlook the lush Green Mountains of Vermont in the distant valley views. Country kitchen featuring granite countertops in a convenient island -style floor plan; all appliances included. Two stone fireplaces. Spacious garage. Stratton Sport Center membership included too. Available for immediate occupancy. $1,625,000. 914-714-2326 Nestled in the trees and perched atop a knoll "The Pond House" overlooks Shelburne Pond with stately views of the Adirondacks. This 15.75A parcel is surrounded by conserved land and less than 15 min. to Burlington. 5 BR, 4.5 baths, in-law suite, exercise room and recreation room. 5800-/- SF home has 4 porches, each with a different view. New England style farmhouse with standing seam metal roof, dry laid Panton Stone fireplace, red birch floors throughout and a commercial kitchen. $1,895,000 Jay Strausser, Realtor 802-846-7873 1-800-864-6226 ext. 7873 jay.strausser@lmsre.com www.jaystrausser.com ice„ , Lou 285 acre Lake Front estate, 16,000 Sq. Ft. Adirondack 3 level home (with elevator), offering stunning lake & mountain views. 1000' of Lake Frontage. Remodeled barn and guest house. Acres of fenced pasture plus paddocks and riding arena. Ideal for horse lover, gentleman farmer of family compound. Stone fireplaces, decks, country and commer- cial kitchens. Island living just 30 minutes from Burlington. $8,750,000 www.highpointrealty.net 802-655-4700 Secluded Oasis in Burlington, Vermont AIA award -winning design. Over 5,700 sf of living space. Numerous custom finishes. Handmade Mahogany windows/doors. Immaculate grounds. Stunning master suite. Cook's kitchen. Great attention to detail. A truly extraordinary property. $Z450,000 Coldwell Banker Hickok & Boardman Realty Brian Boardman 1-800-451-5004 ext 1121 � I "; GLOBAL, NATIONAL, REGIONAL TO ADVERTISE CALL L800.366.3975 FAX: 214.640.7900 ,,,�EALESTATEJOURNALCOM IT',S AL JG TO THE ULTIMATE IN LIFESTYLE CHOICES ^�ARACK RESORT AND FAIRMONT TAMARACK— V NATURAL PARTNERS Offering you unparalleled real estate options at America's newest all -season mountain, meadow, and lake resort, located in the pristine Payette River Mountains of Idaho. NATURAL I PARTNERS CK' YOUR TRAILHEAD TO DISCOVERY I LOCATED 90 MILES NORTH OF BOISE, IDAHO ,PMAM TAMARACK w'ww•TamarackIdaho.com/ws 1 888.598.3489 This is not on offer or solicitation in anv state in which the legal requirements for such an offering has not been met. Warning: The California Department of Real Estate has not inspected, examined, or qualified this offering. r qo — .. rNl_ • WATERFRONT ON MARYLAND'S EASTERN SHORE "Bay House" historic home c.1890 in need of restoration.11.2 acres fronting on Tangier Sound. Can be subdivided. Pier and sandy beach. Private setting. Mostly wooded with western exposure. Offered for $1,499,000. (MLS425247) Call Alice Fisher Long & Foster Real Estate, Inc. D:410-430-1739 0:410-546-3211 Alicefisher.lnfre.com Am .'.ore these 3-5 Bdrm homes are 2,898 - 3,445 sq. ft. & come in three plans, 2 of which are single level designs. Built with all the extras you'd expect. Breath taking views of rolling mountains against the Cleveland Nat. forest. Close to San Diego. Homes from the high $700,000s. Home sites for custom homes from $400,000s. Black Canyon Ranch 760-788-9900 www.HPHomes.net NN here Elite Buyers Find Luxury Properties uxury properties require special buyers, those who know they want the very best and can afford it. They are buyers who have an average household income of more than $230,000, and a household net worth of more than $2 million. In other words, they are Wall Street Journal subscribers. Advertise in the Distinctive Properties & Estates section of The Wall Street Journal: it's where elite buyers find �a 76 luxury properties. To list your next luxury property, just call 800.366.3975. 30 03 THE WALL STREET JOURNAL. THE WALL STREET JOURNAL. las Wednesday, February 7, 207 D5 PERSONAL FINANCE New Math Deadline Nears for 2006 Health -Care Accounts For 529 Plans ime is running out for many now make a one-time transfer to year and exceeded it by almost ployer gives you until mid- ' made electronically or by check. In Budget Bill T employees to drain their flex- ible spending accounts for 2006. a health savings account, which is for people with high -deduct- $1,000," she says. "This year I've gone back to the same amount I March to drain your 2006 ac- count, make sure your expenses e x REMINDER: Don't overlook More companies are offer- ible health -insurance plans, from pledged the first year, and I am for the first two and one-half T a phone -tax refund on your tax By ANNE MARIE CHAKER ing these accounts, which let a health-care flexible -spending keeping a close eye on it." months of this year are applied return for 2006. you to use pretax dollars to pay account or from a health reim- Some merchants seek to capi- against your 2006 account, This year, there is a special A provision buried in the for health-care and dependent- bursement plan. Health reim- talize on the use -it -or -lose -it rather than your 2007 account. one-time refund of the tele- president's budget proposals care expenses. But there is an bursement plans allow employ- rule. Mercer's Beth Umland A Mercer survey of employer- phone excise tax on long-dis- would shelter all 529 college- important catch: Under what is ees to use employer contribu- says an eyeglass store in her sponsored health plans last sum- tance and bundled service. An savings plans from being known as the use -it -or -lose -it tions to pay for medical bills. Brooklyn, N.Y., neighborhood mer found a record 81% of large IRS survey of early filers shows counted in determining federal rule, you must spend every This provision is part of a tax has a sign in the window urging employers —those with 500 or one in three early filers this student financial aid. penny you set aside before the bill signed by President Bush customers to buy soon to avoid more employees —offered a year are failing to request the re- Th — 'th deadline or lose the balance Dec 20 health-care flexible -spending fund. To get the refund, you 0 e provslon , w1 nearly everything in the pro- posed fiscal 2008 budget —de- pends on congressional pas- sage. And some Democratic con- gressional aides say it is likely to encounter resistance among lawmakers who believe aid gets distributed more fairly when 529 assets are counted. The 529 plans, which are tax - favored investment accounts that help families save for col- lege, are subject to a compli- cated array of assessments When it comes to determining federal aid, depending on the type of plan and its ownership. The government assesses families' eligibility for aid using ject to market fluctuations. Ask Personal Journal. n. How long do I need (, . to save my income- tax records? —L.H, GLEN ALLEN, VA. You don't need to . save all your tax re- turns and records forever. In general, be sure to save your federal returns —and all supporting documents — for at least three years from the return's original due date, including exten- sions. To be on the safe side, save ev- erything for at least six or seven years. One reason: If you fail to report a sub- stantial amount of taxable income, the usual three- year time limit on the IRS won't apply. (If a federal re- turn is "false or fraudulent with intent to evade tax," or if you don't file a return at all, an action can gener- ally be brought against you "at any time," the IRS points out.) There are some documents you should keep for much longer periods of time. Be sure not to throw away records showing what you paid for items such as stocks, mutual funds or art you still own. The same applies to records on your home and other real es- tate, including what you paid, plus improvements. —Tom Herman We answer readers' questions here each. Wednesday. Send them to PersonalJournal@WSJ.com The deadline varies among employers. I Many have set a cutoff date of March 15—only about five weeks from now. That repre- By Tom sents a big Herman change from just two years ago, when the deadline typically was Dec. 31. After congressional pressure, the Treasury changed its rules in 2005 and allowed employers to give employees a grace pe- riod of as much as 21/2 months into the following year. have to file. Taxpayers can choose a stan- dard refund amount between $30 and $60, depending on the total number of exemptions on their 2006 return —or, if they kept good records, they can de- duct the actual tax paid. For details, see the IRS Web site (www.irs.gov). BRIEFS: The IRS names Stephen Whitlock to run its new "Whistleblower Office," a unit created by a recent tax law to handle tips from informants about tax cheats. During a 27-year government career, Mr. Whitlock has led the IRS Of- f; — o f D—f. c ei nn nt Dne"n"eih;l- In a typical flexible -spending account, you tell your employer to set aside a certain amount of your pay —say $4,000 or $5,000. If you don't spend every penny of that amount by the deadline, the money goes back to your em- ployer. You are allowed to spend the rest on such items as glasses, sunglasses, aspirin, teeth clean- ing and other health -care -re- lated items. Among the companies that offer them is Liberty Tax Ser- vice, a tax -preparation firm in Virginia Beach, Va. The com- pany recently added a popular new benefit: Participants were given a debit card with their con - account in 2006, up from 77% the prior year and 68% in 2001. The percentage of eligible em- ployees participating remained about the same: 20% in 2006, 21% in 2005 and 19% in 2001. ae eF x- THE APRIL TAX DEADLINE comes two days later this year. Usually, the deadline is April 15. This year, it is Tuesday, April 17. April 15 falls on a Sunday this year, and the following day is a holiday in Washington, D.C. Thus, "the entire country has an April 17 deadline" this year, the Inter- nal Revenue Service says. Don't pay attention to the April 16 deadline you will see in ...,,-;-, rue e„ 11 YOUR LEGACY D6 Wechiesday, February 7, 2007 THE WALL STREET JOURNAL. THE WALL STREET JOURNAL. WE Wednesday, February 7, 2007 D7 CARS GLOBAL, NATIONAL, REGIONAL TO ADVERTISE CALL 1.800.366.3975 HOWD110M FAX: 214.640.7900 • ■•in n� R■v rAn and perform strongly, but I doubt I tions. Your new Murano will almost I —Chester Trubinski, Cranbury, N.J. • ADVERTISING.WS1COM Columnist Jonathan Welsh answers readers questions about automobiles QI've been looking for a fut7-to- reasonable ■ drive, reliable sports car that cockpit will accommodate my 6-foot-2, space, as do the 215-pound body. What are your Nissan 350Z and BMW M3 (you'd thoughts are on the 2007 Corvette have to find leftover 2006 models of coupe and other sports cars in the the BMW, which isn't available as a same general price range (under 2007). Still, these cars are smaller $50,000)? - overall than the Corvette and don't have the same roomy feel inside. —Pete Grimes, Sacramento, Calif. Where most sports -car interiors are at least snug, the Corvette's seems AThe Porsche Cayman coupe cavernous. The others are worth a ■ and Boxster convertible have look because they are fun to drive they'll lure you away from the Chev rolet. QI just bought my second Nis- ■ san Murano. The first dealer suggested synthetic oil as the pre- ferred oil, while the second claims synthetic oil is "spending needless dollars." What say you? —Dave McFadden, Anderson, S.C. A, Engine oil is among the most ■ debated automotive topics. While conventional oils are fine for most engines, synthetics tend to last longer and lubricate more consis- tently over a wider range of tempera- tures and other operating condi- THE NEW OUATTROPORTE AUTOMATIC "The Finest Automatic. surely be better off if you use syn- thetic oil throughout its service life. You'll probably find that roughly half the mechanics you speak with will support your use of synthetics, while the rest will say you're wasting money. However, the long-term costs are often negligible when compared with engine repairs or even the more frequent oil changes that are likely with conventional oil. QI drive a 1996 Camry wagon ■ that I want to replace with a sedan, and am considering the Ford Five Hundred. But I under- stand a stronger engine will be in the 2008 model. Any idea when it will be available? AThe Ford Five Hundred for the ■ 2008 model year, which is ex- pected to be renamed Taurus, will have a larger six -cylinder engine with 260 horsepower —a 30% in- crease from the current version. The car is scheduled to go on sale this fall with new front-end styling in- cluding a more prominent grille. If such a wait seems too long, you might try test driving the Ford Fu- sion, which is smaller but peppier and still quite roomy; or the Chevro- let Impala, another large sedan with a smooth ride on long-distance trips. Questions can be e-mailed to mecar@wsj.com. ered Anywhere." —Top Gear INTRODUCING THE NEW 2007 OUATTROPORTE "Serious) smooth," "A su ercar disguised as a glamorous sedan," and according to Top Gear magazine, "The finest automatic offered anywhere." Why? The new C)uattroporte Y P g ere —it's the highest -revving automatic transmission available, designed to perfectly harness the Automatic delivers engineering innovation unobtainable elsewhere —it's g g g p y the only automatic luxury sedan configured with a rearward weight bias for superior traction and handling. But the Ouattroporte's 400 hp Ferrari engineered V8. 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LA CANADA DRIVE REGULAR SESSION AT OR AFTER 5:30 PM CALL TO ORDER - 5:30 p.m. ROLL CALL PRESENT: Mayor Loomis Vice Mayor Dankwerth Council Member Carter Council Member Gillaspie Council Member Kunisch Council Member Parish Council Member Abbott EXECUTIVE SESSION AT OR AFTER 5:30 PM Mayor Loomis announced that in addition to the Town Manager, the Town Attorney, and the Town Clerk, Assistant Town Manager Jerene Watson and Managing Librarian Mary Hartz -Musgrave would also be present in Executive Session. MOTION: A motion was made by Council Member Kunisch and seconded by Vice Mayor Dankwerth to go into Executive Session at 5:30 p.m. for the following purpose: Pursuant to ARS 38-431.A(3), discussion and consultation for legal advice and A(4), discussion or consultation with legal counsel in order for Council to consider its position and instruct its attorney regarding contract negotiations, Council may vote to go into Executive Session for discussion and consultation with the Town Attorney regarding negotiations between the Town and Pima County Library District concerning the Oro Valley Public Library and the intergovernmental agreement with the District. MOTION carried, 6-1 with Council Member Gillaspie opposed. Council Member Gillaspie stated that he felt that this item should be held in http://orovalley.granicus.con/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 Town Council Page 2 of 13 Regular Session. RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER - 7:00 p.m. ROLL CALL PRESENT: Mayor Loomis Vice Mayor Dankwerth Council Member Carter Council Member Gillaspie Council Member Kunisch Council Member Parish Council Member Abbott PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager David Andrews reviewed the upcoming meetings and events. COUNCIL REPORTS Council Member Gillaspie reported that on February 23rd, he and Vice Mayor Dankwerth and Town staff met with Arizona State Land Department regarding the planning of the State Lands to the north of the Town. He said that they met with the Deputy State Land Commissionor who reported that the State is moving forward with a conceptual plan for Phase I of this area. Council Member Gillaspie stated that he expects that the State will be coming to meet with the Town Council in the Fall. Vice Mayor Dankwerth also reported that the Town's feelings regarding the protection of Open Space had been made very clear to the State Land Department. DEPARTMENT REPORTS Town Engineer Craig Civalier reported that the Townwide Space Needs open house will be held in the Council Chambers on March 15th. He also http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 Town Council Page 3 of 13 stated that the new Public Works lift truck has been delivered and is now in service. Water Utility Philip Saletta announced that the Water Infrastructure Financing Authority (WIFA) has approved the loan for Phase II of the Reclaimed Water System project. Bob Kovitz updated the Council regarding the Metropolitan Pima Alliance "Wildride" event and reported that it will be held on June 6th. The event will be called "Jazzin' It Up around Oro Valley". He also reported that on Tuesday, March 13th, the Town Council and staff will be traveling to Phoenix to meet with State Legislators. TOWN MANAGER'S REPORT - No report. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING There being no objections, Mayor Loomis announced that Items 3 and 5 would be moved to follow the Consent Agenda. CALL TO AUDIENCE Michael Martin, 11780 N. Via de la Verbenita , stated that he would like to see a Skate Park at Naranja Town Site to keep the children out of the streets. He also stated that he would like to help with the solution to try to get a Skate Park as soon as possible and he and his friends are willing to go door-to-door to ask for donations. Daniel Martin, 11780 N. Via de la Verbenita, stated that he would also like to see a Skate Park at Naranja Town Site to keep him and his friends safe and still have a place to have fun at and not to get in trouble for skate boarding. PRESENTATIONS a. Presentation/Report by Pam Reed regarding the Tucson Marathon On behalf of Pam Reed, Ms. Alyssa Kender thanked the Town and the Police Department for their past support for this event. She then updated the Council on the Tucson Marathon event and the economic impact to the Town. b. Presentation by Officer Mike Schuh of Peace Vanguard Poster to the Town Council for the Town's support and professionalism celebrating http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 .Town Council Page 4 of 13 10,000 flight hours, accident free Police Officer Mike Schuh presented a plaque to the Town Council honoring the 10,000 flight hours milestone reached by the Peace Vanguard unit. He further reviewed the accomplishments of the unit. CONSENT AGENDA At the request of the Council, Mayor Loomis pulled Items G, H and I. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Carter to approve the Consent Agenda minus items G, H and I. MOTION carried, 7-0. A. Minutes - 01-31-07; 02-07-07; 02-21-07 B. Police Report - January 2007 C. Resolution No. (R)07- 27 Authorizing and approving an Award of Purchase of a Pot Hole and Valve Exercising Machine from Balar Holding Corporation in the amount of $49,995.08 D. Resolution (R) 07- 28 Acceptance of Bid and Award of Contract to International Surfacing Systems in the amount of $239,713.85 for Sun City Boulevard/Del Webb Boulevard Pavement Rehabilitation, Project No. OV 30 06/07 05. E. Resolution (R)07- 29 Authorizing and executing license agreement with the Town of Oro Valley and the Copeland Office Complex relating to the installation and maintenance of landscaping and irrigation within public rights -of -way along Rancho Vistoso Boulevard and Sun City Boulevard. F. Resolution (R)07- 30 Acceptance of Bid and Award of Contract to K & B Asphalt Company in the amount of $191,384.07 for the Palisades Road Shoulder Improvements, Project No. OV 30 04/05 01 G. OV12-04-09 Approval of a time extension for a period of six months to expire on September 7, 2007 for the La Canada Ridge Preliminary Plat, located on the west side of La Canada Drive, just south of Moore Road (PULLED FOR DISCUSSION) In response to concerns expressed by Council Member Abbott http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11 /21 /2007 Town Council Page 5 of 13 regarding the time extension request, Planning and Zoning Director Sarah More explained that she has spoken with the Planning & Zoning Commission about this matter. They have discussed the possibility of extending the time for preliminary plat reviews up to one year. She explained that the Town Engineer has also been working with the applicant on complex issues that have resulted in the delay. She also stated that one of the primary purposes to have a plat expire is to allow the Town Council an opportunity to look at the plat again to look at whether Zoning Code conditions, etc. have changed especially if it is an older plat. Town Engineer Craig Civalier stated that he supports the plat extension because the developer is planning the right-of-way in which a Town road is built and if the plat goes away, then the road would be on private property. Also, the Town offered a land trade in which the owner would give the Town a section of the property on the southeast corner and the Town would give them the northwest corner of the Alden property. All parcel numbers have been corrected and the switch has been completed. MOTION: A motion was made by Council Member Parish and seconded by Vice Mayor Dankwerth to approve item G. MOTION carried, 7-0. H. OV12-03-31 B Approval of a time extension for a period of six months to expire on July 22, 2007 for the Mercado at Canada Hills Preliminary Plat, located in proximity to the northeast corner of La Canada Drive and Lambert Lane, directly north of the Fry's Shopping Center (PULLED FOR DISCUSSION) MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to approve Item H. MOTION carried, 7-0. Resolution No. (R)07- 31 Adopting an Intergovernmental Agreement between the Town of Marana and the Town of Oro Valley for Water Service to the Northwest Fire District Station (PULLED FOR DISCUSSION) In response to questions and concerns from the Council, Water Utility Director Philip Saletta presented the background on this item explaining that the Town was asked by Northwest Fire District to be included in the Town's water service area because the Town has http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11 /21 /2007 Town Council Page 6 of 13 water lines within 20 feet of the property. He stated that the City of Tucson has stated that they did not have any problem with the Town providing service and the Town of Marana has asked for an Intergovernmental Agreement (IGA) since the area is in Marana's service area. Mr. Saletta reviewed an overhead map depicting the service area and explained that Marana's service lines are over 3,000 feet away from the subject property. He explained that approval of the IGA would be a cooperative agreement with Marana and Northwest Fire and staff supports the request. Firefighter Jamie Kahle, 5225 W. Massingale stated that the Northwest Fire District is asking for this service to best serve the taxpayers. He explained that the most efficient solution would be to tap into Oro Valley's water system since the Town's lines are only located 20 feet away. MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to approve Item I. MOTION carried, 6-1 with Council Member Abbott opposed. Council Member Abbott opposed the approval of this item as she wanted to continue the item so she could get more information. 3. RESOLUTION NO. (R)07- 32 AMENDING THE FIRE SERVICE PERFORMANCE STANDARDS AND CRITERIA FOR THE TOWN OF ORO VALLEY Town Manager David Andrews reviewed the Council Communication and explained that since the Fire Services Performance Standards and Criteria were first approved by the Town, numerous areas have become a concern. The Oro Valley Public Safety Committee and its consultant have recommended amending the Standards and Criteria that would coincide with OSHA standards definining a fire structure, include all areas of the Town whether served by hydrants or not, and coincide with the agreement that was reached between Golder Ranch Fire District and Rural Metro Fire. MOTION: A motion was made by Council Member Parish and seconded by Council Member Abbott to approve Resolution (R)07-32 amending Fire Service Performance Standards and Criteria for the Town of Oro Valley. MOTION carried, 7-0. 5. PUBLIC HEARING - ORDINANCE (0)07-14 OV12-06-03B, ADOPTION OF AN ORDINANCE FOR A RECREATIONAL AREA IN -LIEU FEE IN THE http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 Town Council Page 7 of 13 AMOUNT OF $12,965.51 FOR THE NARANJA RANCH ESTATES SUBDIVISION LOCATED NORTHEAST OF THE SHANNON ROAD AND NARANJA DRIVE INTERSECTION, PARCELS 224-11-045A, 224-11-045B, AND 224-11-049A Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Abbott and seconded by Council Member Kunisch to approve OV13-06-03B, Ordinance (0)07-14, recreation area in -lieu fee proposal in the amount of $12,965-51 for Naranja Ranch Estates (as amended) and subject to the condition listed in Exhibit "A" EXHIBIT "A: 1. The $12,965.51 in -lieu fee must be submitted prior to Town approval of the Final Plat. AMENDMENT TO THE MOTION: At the request of Vice Mayor Dankwerth, Council Members Abbott and Kunisch accepted an amendment to earmark the in -lieu fees for the Naranja Town Site for recreational facilities. Mayor Loomis stated that he thought that there were some restrictions for the use of in -lieu fees. He also stated that there may be some facilites at West Lambert Lane Park or other places that are closer to this site and he suggested working with Parks and Recreation. In response to a question from Council Member Gillaspie, Parks and Recreation Director Ainsley Reeder explained that in -lieu fees have been used in the past for improvements to the James D Kriegh Park dugouts. She also stated that there is a potential use for a $25,000 match for the Heritage Grant for a dogpark at Riverfront Park. Further, some in -lieu fees have been specifically earmarked for trails in Rancho Vistoso. Further discussion followed regarding addressing the in -lieu fees in total, sending a message to the Town's citizens regarding the Council's intent and commitment to the Naranja Town Site, many other needs in the Town's parks, and not being so restrictive by placing in -lieu monies in specific projects. MOTION failed, 2-5 with Vice Mayor Dankwerth and Council Member Abbott in favor. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Parish to approve OV12-06-03B, Ordinance (0)07-14, recreation area in -lieu fee proposal in the amount of $12,965.51 for Naranja http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11 /21 /2007 Town Council Page 8 of 13 Ranch Estates, subject to the condition listed in Exhibit "A". EXHIBIT A 1). The $12,965.51 in -lieu fee must be submitted prior to Town approval of the Final Plat. MOTION carried, 7-0. Mayor Loomis recessed the meeting at 8:05 p.m. The meeting resumed at 8:15 p.m. 2. DISCUSSION AND POSSIBLE APPROVAL OF THE NARANJA TOWN SITE PROGRAMMING AND CONCEPT DESIGN REPORT Parks and Recreation Director Ainsley Reeder presented an overview of the Naranja Town Site history to date as follows: November 2000 - Purchased Property November 2002- Master Plan completed April 2004 - Performing Arts Facilities Feasibilty Study completed October 2004 - Performing Arts Facilities Business Plan completed March 2007 - Programming and Concept Design Report before Town Council David Wald -Hopkins and David Burns of Burns, Wald -Hopkins Architects reviewed the Programming and Concept Design highlighting the following: Big ideas/Goals for site Detailed Site Analysis Team Visits to Denver, Colorado Team Planning events Public Participation and Open Houses Programming - Community Center, Theater, Aquatic Center, Music Pavillion, Support and Buildings Don McGann, McGann & Associates presented the recommended Concept: Softball, baseball, soccer, multi -use parks, tennis courts, festival area, music pavillion, community center, skate/BMX parks, preservation of natural open space and restoration, site parking analysis, and site lighting. Duane Crawmer, Barker, Rinker Seacat Architects, then reviewed the Community Center design and Concept Plan and Mr. Burns reviewed the proposed Music Pavilion, Phases I and II, design and concept plan. Mr. Wald -Hopkins reviewed the project schedule which depicted a 4 1/2 year construction duration. However, he explained that if the project was to be completed at one time, it could be finished in 2 1/2 years. He then addressed the project costs and cost options for the site. http://orovalley.granicus.com/MinutesViewer.php?view id=2&clip_id=48 11/21/2007 Town Council Page 9 of 13 David Burns reviewed the L.E.E.D. (Leadership in Energy and Environmental Design) certification and levels. Discussion followed regarding the music pavilion, L.E.E.D. certification costs, project costs, breakout of revenues and Operating and Maintenance costs from community center/theater/recreational components (still needs to be developed). Mayor Loomis opened the floor for public comment. Dennis Ottley, 13042 N. Catbird Drive, chair of Parks and Recreation Advisory Board, stated that he is hoping that Council will support approval of the programming and design concept plans to make this park a reality. He stated that the proposed design and plan is an Oro Valley community plan. He also stated that the demands on the Town's current parks has exceeded the park limits and we now need something more for our citizens. Bill Adler, 10720 N. Eagle Eye Place, stated that he is hearing many differences in opinions for the design, priorities, etc., for the proposed park but it all comes down to money and what level of financal commitment the citizens of Oro Valley are willing to spend. He stated that because of the magnitude of the proposal, the Town needs to get current and statistically valid numbers that the community is willing to spend on this project. David Welsh, 11372. Twin Spur Court, Oro Valley Economic Development Director, stated that there would not be one single thing the Council could do that was better for the Town than building this type of park. He encouraged the Council to be bold and courageous. He stated that many people are in favor of this park and are willing to pay for it. Michael O'Brian, 13401 N. Rancho Vistoso Boulevard, stated that he personally sees this as a sound proposal. He stated that music and art facilities will contribute to the quality of life, this would be an economic development magnet that would attract businesses and their employees, attract other residents, enhance property values and would add to the Town's tax base. This park would make Oro Valley something special and make the Town stand out. Theresa Shaw, 471 W. Windowmaker, stated that she is in support of the Naranja Town Site as a park and it is one of the key reasons she bought her home where she did. She stated great cities large and small, have great park systems and support of the arts and the Naranja Town Site provides an opportunity for Oro Valley to have "heart". She stated that if built in stages, people will see something nice and will want more. http://orovalley.granicus.com/MinutesViewer.php?view id=2&clip_id=48 11/21/2007 -Town Council Page 10 of 13 Shannon Fox, 12326 N. Tall Grass Drive, stated that young families want and need this park and she encouraged the Council to hear from the young family members. She stated that there is much enthusiasm and passion for the park and she encouraged the Council to go to the places where the young families are and hear their thoughts. She stated that a property tax would be a small price to pay for such a wonderful park. Council Member Parish stated that this decision requires a commitment from the Council to support what is a citizen -driven plan. He stated that this project can be done and requires the political courage and political will to do what the citizens want. Council Member Gillaspie stated that he did not want to be a Council person that did not have vision and foresight. However, the issue is not about the park but about the comment as stated by Mr. Adler, that we may be creating dreams without thinking about the costs (public works facilties, roads, facilities for staff, etc.) The challenge is not that we don't want to do it, but we must put together the package and make sure that we do our homework and structure it in a way that the people will want to do it. Council Member Kunisch stated that this is a gorgeous design but he also has some of the same concerns as stated by Council Member Gillaspie. He stated that maybe we should start at a smaller scale and add to the site over the years. He stated that it is a great vision but we must be realistic about what we can afford and what the people are willing to pay for. Council Member Carter commented that we have made the dream too big and too costly. He stated that he is worried about outside costs and we need to see all the figures. Vice Mayor Dankwerth stated that besides being bold, we must be fiscally responsible. She stated that the park will come to be; however, we must not rush into something if all clear specifics have not been "thrashed out." She stated that we must be rational and she would vote to accept the Report but she is not voting on every design and aspect of the park. Council Member Abbott stated that the reports have provided a lot of information and the design is more beautiful than she imagined. She also stated that she is pleased with the LEED design but pointed out that we don't have to do the entire park all at once. She said that the Council should accept the report and continue to move forward, get more information and determine whether we should construct the site in phases. http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 Town Council Page 11 of 13 MOTION: A motion was made by Council Member Abbott and seconded by Council Member Parish to approve the March 7, 2007 Naranja Town Site Programming and Concept Design Report as presented by Burns Wald - Hopkins Architects. A Town Council Study Session will be scheduled to more fully analyze the report and provide staff with additional input and guidance. (The Study Session will be scheduled no later than early to mid April.) MOTION carried, 6-1 with Council Member Carter opposed. Mayor Loomis commented that the Study Sessions would be held to determine how to move forward, opportunities, phasing, elections, etc. Mayor Loomis recessed the meeting at 9:30 p.m. The meeting resumed at 9:35 p.m. 4. PUBLIC HEARING - ORDINANCE NO. (0)07- 13 AMENDING ORO VALLEY TOWN CODE SECTION 11-3-4, "SPEED LIMITS;" REVISING THE SPEED LIMIT ALONG FIRST AVENUE FROM ORACLE ROAD TO TANGERINE ROAD FROM 40 MILES PER HOUR TO 45 MILES PER HOUR AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Town Engineer Craig Civalier explained that Public Works and the Police Department are requesting that the speed limit on First Avenue from Oracle Road and Tangerine Road be raised from 40 mph to 45 mph due to the design of the new road, the safety improvements that are being added, and the that this would make the speed limit from Rancho Vistoso Road down to Oracle Road consistent. Discussion followed regarding the width of travel lanes, new subdivisions going in on the east side of First Avenue, signage, traffic signals, projected completion date, Walgreen area construction, etc. Mayor Loomis opened the public hearing. Bill Adler, 10720 N. Eagle Eye Place, stated that the increase in speed was unnecessary and he was concerned about the enforcement. He also expressed concerned about the volume of homes that are projected to be built in the area. Doug McKee, 11836 Cassiopeia, stated that he would support the change http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 -Town Council Page 12 of 13 once construction is completed and stoplights are installed and functioning. He stated that the Town may have to reduce the speed limit in the future, but with this new road it is hard to keep speeds down. MOTION carried, 7-0. MOTION: A motion was made by Council Member Parish and seconded by Council Member Abbott to adopt Ordinance (0)07-13, relating to speed limits, amending Oro Valley Town Code Section 11-13-4, "Speed Limits." 6. PUBLIC HEARING - ORDINANCE (0)07-15 OV9-07-03, ADOPTION OF AN ORDINANCE FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 2.85-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "M", LOCATED NORTH OF TURTLE DOVE LANE AND EAST OF GIBSON TRAIL, PARCEL 219-12-0150 Planning and Zoning Director Sarah More reviewed the Council communication. She explained that the property was zoned Pima County Rural Homestead (RH) and would translate to Oro Valley R1-144 (Single Family Residential). She further reported that the current property owner has agreed that she will build a single-family house on the property and has agreed to the Town's standards. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to adopt Ordinance (0)07-15, OV9-07-03, translating zoning of Annexation Area "M" to the Town of Oro Valley R1- 144 district subject to the condition in Exhibit "A". EXHIBIT "A" 1. The property will be zoned R1-144 (Single Family Residential, 144,000 square -foot minimum lot size) with continuation of the legal non -conforming lot status as recognized by Pima County prior to the annexation. MOTION carried, 7-0. 7. PUBLIC HEARING - ORDINANCE (0)07-16 OV9-07-04, ADOPTION OF AN ORDINANCE FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 120.5-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "N", BEING THE NORTHERN ONE-THIRD OF RANCHO VISTOSO NEIGHBORHOOD 12, LOCATED GENERALLY BETWEEN STONE CANYON AND SUN CITY VISTOSO, PARCEL 219- http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 Town Council Page 13 of 13 1� Ell1•' Planning and Zoning Director Sarah More reviewed an overhead map of the area and explained that this property is located in Rancho Vistoso Neighborhood 12. The property is now Town property. She explained that the property was zoned Pima County Rural Homestead (RH) and would translate to Oro Valley R1-144 (Single Family Residential). Ms. More further explained that by previous adoption of Ordinance (0)02-18 in June 2002, this area would not be developed and would remain as natural Open Space in perpetuity. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to adoopt Ordinance (0)07-16, OV9-07-04 translating zoning of Annexation Area "N" to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit "A". Further, staff shall initiate the rezoning of said parcel to the Parks and Open Space District. EXHIBIT "A" 1. The property shall remain as natural Open Space in perpetuity. MOTION carried, 7-0. 8. FUTURE AGENDA ITEMS None presented. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Parish and seconded by Council Member Kunisch to adjourn at 10:12 p.m. MOTION carried, 7-0. http://orovalley.granicus.com/MinutesViewer.php?view_id=2&clip_id=48 11/21/2007 TOWN OF ORO VALLEY 7 fOUNCIL COMMUNICATION MEETING DATE: March 7, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Matt Michels, Senior Planner SUBJECT: Public Hearing: Ordinance No. (0) 07 - i �, _, OV9-07-04, The Town of Oro Valley requests approval of a translational zoning from Pima County Rural Homestead (RH) to Oro Valley R1-144 (Single Family Residential) for a 120.5-acre annexed area known as Annexation Area "N", being the northern one-third of Rancho Vistoso Neighborhood 12, located generally between Stone Canyon and Sun City Vistoso. EXECUTIVE SUMMARY OF APPLICATION: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-19, formally annexing the above - referenced property. This property is also known as the "ITC Property". The ordinance became effective on November 4, 2006. Attachment "A" includes a legal description of the subject property and Attachment `B" includes a map that identifies the location of the subject area. On June 19, 2002 Town Council adopted Ordinance 02-18, amending the Rancho Vistoso PAD for Neighborhood 11 to allow certain areas designated Open Space to be developed. The approval was conditional Ie the applicant deeding the four properties to the Town to be preserved as open space in perpetuity, either by eding to the County or by granting a conservation easement over each property to the County. These areas include Honeybee Canyon Park, Neighborhood 11 Open Space, Neighborhood 13 Open Space, and the subject property of this translational zoning, the ITC Property. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. State law requires that this be accomplished within six months of annexation into the Town's corporate limits. Section 9-471(L) of the Arizona Revised Statutes (ARS) states: "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley land use designation is the R1-144 district. "This district is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space". Is previously noted, this property will not be developed and will remain as natural open space in perpetuity. his requirement is reflected in Condition #1 of Exhibit A. F:\OV\OV9\2007\9-07-004\Repons\TC.RPT.OV9-07-04.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9 07 04 — Paue The Planning and Zoning Commission, by a 7:0 vote, recommended that the Town Council approve the translational zoning, subject to the conditions in Exhibit A: 1. The property shall remain as natural open space in perpetuity. In addition, the Commission has suggested that "a process be initiated whereby the property can be rezoned to parks and open space" to ensure that the property is not developed in the future. OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each 180,000 square feet (approximately 4.1 acres). R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). As discussed, this property will remain as natural open space in perpetuity and no development will take place on this property. NOTIFICATION: The Town is the owner of this property. No public comments have been received to date. GENERAL PLAN CONFORMANCE: The subject property lies within an area designated as "Open Space". The translational zoning does not strictly conform to the land use designation of the General Plan. State law requires that the town "translate" the zoning to the closest comparable Oro Valley zone. Although the property will be zoned R1-144, staff recommends a condition requiring that the property remain as natural open space in perpetuity, thus meeting the intent of the General Plan. SUGGESTED MOTIONS: I move to [approve, deny, approve with conditions] OV9-07-04, translating zoning of Annexation Area "N", to the Town of Oro Valley R1-144 district, subject to the conditions in Exhibit A. Staff recommends that any motion to approve be subject to the conditions specified in Exhibit A. Attachments: 1. Exhibit A Sa More, Planning and Z ah .oning Director 2. Ordinance (0) 07- 16 3. Attachment A -Vicinity Map 4. Attachment B-Legal Description 5. Attachment C-Property Map Cc: TOV: Shirley Gay �rene Watson, Assistant Town Manager ` Da �71�drws, Town Mnager a F:\OV\OV9QO07\9-07-004\Reports\TC.RPT.OV9-07-04-doc Exhibit A Condition of Translational Zoning OV9-07-004 1. The property shall remain as natural open space in perpetuity. ORDINANCE NO. (0) 07 - 16 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, FOR A TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A r120.5-ACRE ANNEXED AONEmn ri Ili71�v ANNEXAT-tR'�?rT�(�;AI?I li�7 RANCHO VISTOSO NEIGHBORHOOD 12, LOCATED GENERALLY BETWEEN STONE CANYON AND SUN CITY VISTOSO, PARCEL 219-04-009H; WHEREAS, The Town of Oro Valley, being the owner and applicant, requests approval of a translational zoning from Pima County RH zone to Oro Valley R1-144 zone for Annexation Area "N ', located generally between Stone Canyon and Sun City Vistoso; and WHEREAS, the Planning and Zoning Commission reviewed said translational zoning request at a duly noticed Public Hearing on February 6`}', 2007 in accordance with State Statutes, and having made its unanimous recommendation of approval with conditions to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the translational zoning request and the Planning and Zoning Commission's recommendation and conditions at a Public Hearing and finds that it is consistent with the Town's General Plan and other Town Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That the translational zoning for Annexation Area "N", located generally between Stone Canyon and Sun City Vistoso, be granted per Section 9-471 (L) of the Arizona Revised Statutes and that all applicable standards in the OVZCR and the conditions attached as Exhibit A shall apply thereto said property; SECTION 2. That this ordinance and the various parts thereof are hereby declared to be revocable. If any section, sub -section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 7ffi day of March, 2007. Paul H. Loomis, Mayor ATTEST: PUBLISH: DAILY TERRITORIAL *KatCuvelier, Town Clerk MARCH 19, 20, 21, 22, 2007 POSTED: MARCH 15 - APRIL 14, 2007 APPROVED AS TOW RC S y2_101 Town Attorney - . ---Exhibit-- -- Condition of Translational Zoning OV9-07-004 1. The property shall remain as natural open space in perpetuity. TOWN OF ORO VALLEY COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL FROM: Matt Michels, Senior Planner 7 MEETING DATE: March 7, 2007 SUBJECT: Public Hearing: Ordinance No. (0) 07 -16 , OV9-07-04, The Town of Oro Valley requests approval of a translational zoning from Pima County Rural Homestead (RH) to Oro Valley R1-144 (Single Family Residential) for a 120.5-acre annexed area known as Annexation Area "N", being the northern one-third of Rancho Vistoso Neighborhood 12, located generally between Stone Canyon and Sun City Vistoso. EXECUTIVE SUMMARY OF APPLICATION: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-19, formally annexing the above - referenced property. This property is also known as the "ITC Property". The ordinance became effective on November 4, 2006. Attachment "A" includes a legal description of the subject property and Attachment "B" includes a map that identifies the location of the subject area. On June 19, 2002 Town Council adopted Ordinance 02-18, amending the Rancho Vistoso PAD for Neighborhood 11 to allow certain areas designated Open Space to be developed. The approval was conditional --i the applicant deeding the four properties to the Town to be preserved as open space in perpetuity, either by ceding to the County or by granting a conservation easement over each property to the County. These areas include Honeybee Canyon Park, Neighborhood 11 Open Space, Neighborhood 13 Open Space, and the subject property of this translational zoning, the ITC Property. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. State law requires that this be accomplished within six months of annexation into the Town's corporate limits. Section 9-471(L) of the Arizona Revised Statutes (ARS) states: "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley land use designation is the R1-144 district. "This district is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space". As previously noted, this property will not be developed and will remain as natural open space in perpetuity. 'his requirement is reflected in Condition #1 of Exhibit A. F:\OV\O V 9\2007\9-07-004\Reports\"CC. RPT.O V 9-07-04.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION, OV9 07 04 Pa2e The Planning and Zoning Commission, by a 7:0 vote, recommended that the Town Council approve the translational zoning, subject to the conditions in Exhibit A: The property shall remain as natural open space in perpetuity. In addition, the Commission has suggested that "a process be initiated whereby the property can be rezoned to parks and open space" to ensure that the property is not developed in the future. OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each 180,000 square feet (approximately 4.1 acres). R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). As discussed, this property will remain as natural open space in perpetuity and no development will take place on this property. NOTIFICATION: The Town is the owner of this property. No public comments have been received to date. GENERAL PLAN CONFORMANCE: The subject property lies within an area designated as "Open Space". The translational zoning does not strictly conform to the land use designation of the General Plan. State law requires that the town "translate" the zoning to the closest comparable Oro Valley zone. Although the property will be zoned R1-144, staff recommends a condition requiring that the property remain as natural open space in perpetuity, thus meeting the intent of the General Plan. SUGGESTED MOTIONS: I move to [approve, deny, approve with conditions] OV9-07-04, translating zoning of Annexation Area "N", to the Town of Oro Valley R1-144 district, subject to the conditions in Exhibit A. Staff recommends that any motion to approve be subject to the conditions specified in Exhibit A. Attachments: 4aM(=ao_rLe,Pl'a_nnin'g 1. Exhibit A and Zoning Director 2. Ordinance (0) 07- 16 3. Attachment A -Vicinity Map 4. Attachment B-Legal Description 5. Attachment C-Property Map Cc: TOV: Shirley Gay JJ_k rene Watson, Assistant Town Manager 4DaidAndrews, Town Manager F:\OV\OV9\2007\9-07-004\Reports\TC. RPT.OV9-07-04AM Exhibit A Condition of Translational Zoning OV9-07-004 1. The property shall remain as natural open space in perpetuity. %� (1 ,��e C MAP OF THE TERRITORY To BE ANNEXED TO THE TOWJV OF ORO VALLEY -ANNEXATIONAREA N-2006 I *-�-,,� UMII� THE Tt�WN LIF' FMILZIWML�4U LjtJrA M Jsr j T77S, Rf3E Js � sa TM PIMA LVUJVff w �•s JIOJ{i OR ii TDI+'NOf Lazo SURyEYORS STATEMENT OR S 1, DAIID A OF I M ONA, HAVE S PREPAREDD � �NCm OH FTNF GROUND. t� 245W S , P RPOSES .ONLY AND MAY NOT B£ SURV£YiDI OAS- DAVlD A RN/NE RLS124530 ,�XHlBl7` •rt r:• •i': - S.ECT.TON nDAO i n ..y TOWNSHIP A11 SO UTIH. RAN E 13.Ck rd Awayc—n, r.e.S'RM. PIMA COUNT,11 1_7 +_ NTS APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION February 6, 2007 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:07 PM 1. Call to Order 2. Roll Call PRESENT: Chair Pete Bistany Vice Chair Doug McKee Commissioner Bill Adler Commissioner Ray Paolino Commissioner Clark Reddin Commissioner Teree Bergman Commissioner Honey Pivirotto Also present: Council Member, K.C. Carter Sarah More, FAICP, Planning and Zoning Director Joe Andrews, Chief Civil Deputy Town Attorney Lexa Mack, Civil Attorney Matt Michels, Senior Planner 3. Call to the Audience (Non Agenda Items Only) Opened and closed at 6:10 p.m. There were no speakers. 4. Minutes Approval of minutes was postponed until the next regular Planning and Zoning Commission meeting. 5. OV9-07-03, The Town of Oro Valley Planning and Zoning Department requests approval of a translational zoning from Pima County Rural Homestead (RH) to Oro Valley R1-144 (Single Family Residential) for a 2.85-acre annexed area known as Annexation Area "M", located north of Turtle Dove Lane and East of Gibson Trail. Planner Matt Michels gave the staff report and a Powerpoint presentation. The applicant has indicated that her plans for the property are for single family residential development. The Commissioner's concerns seem to be with discrepancy in the provisions for development standards of Pima County versus Oro Valley standards. The closest translational zoning is R1-144. February 6, 2006 ApprJU Minutes, PLANNING AND ZONING COMI&SION 2 Commissioner Adler asked for an explanation of how we can restrict the extensive retail and commercial uses permitted in RH that are not permitted in R1-144. Attorney Andrews said the annexation law says that when you translate zoning, you bring it in with uses and densities no greater than those previously allowed in the County. Recent Proposition 207 that passed said that the Town cannot take away a lot of uses unless, in fact, you pay for them. We have to give them as close to everything they have in the County when they come in, or we are susceptible at that point to have to pay for the differential loss, i.e., the opportunity cost for loosing the additional uses they may have had in the County, based on our rezoning. Ms. More added, given that the property owner has indicated a desire to build single family residence, in her view, it might be possible to ask if that person would agree to file a waiver. We cannot make that a condition; it would have to be a voluntary measure. Commissioner Adler asked if the Commission can not add that as a condition, make it a recommendation so there is direction to the Council that we are concerned about this fact and that we would like to get a commitment from the property owner with regard to what they actually intend to do? Ms. More said as long as it is part of a conveyed message to the Council, it would be appropriate. Vice Chair McKee said it seems we could put a condition on like that but at the risk of later legal ramifications. Ms. More said that without the property owner agreeing to sign a waiver, we should not do that as a practice. It is a risk. Commissioner Adler asked if it was possible to de -annex under these conditions. To allow something that is onerous, what is the advantage of annexing? Ms. More said this is an issue of how to deal with annexation zoning. With the exception of very low density areas in the County, that is going to be an issue that might be resolved through PAD or special districts. On a case by case basis we will have to use the guidance of not decreasing the allowed uses on a property without property owner's signing a waiver. Attorney Andrews added that regarding de -annexation, there is a process to go through for individual's who want to be de -annexed. He doesn't think there is a process for a town to de -annex property against the will of the property owner. Commissioner Bergman commented that there is an advantage of having property like this inside the Town rather than out. Outside the Town we have no control. PUBLIC HEARING opened at 6:20 p.m. February 6, 2006 ApprMlf Minutes, PLANNING AND ZONING COINWSSION 3 Lefkothea Petko Poulos, 9901 N. Oracle Road, #5206, is the owner of the property being discussed. She thanked the Town for annexing her property. Her real estate agent told her there was a well site on her property. She bought the land because she wants to build a house up there. She has no interest in making it for commercial purposes. She has no interest in anything like that. She came to request being annexed and be able to have some water from the Town. She wants to build her dream home. Ms. More understand from Scott Nelson about the water right issues that the private wells to the west outside Town limits are drying up. There may be a greater interest in bring in some of those properties. PUBLIC HEARING closed at 6:35 p.m. Commissioner Adler asked if the Pima County development standards stay with the land, so it the present owner sells it, the zoning stays. So a future owner could still do the permitted uses that Pima County development standards allow. That is his concern. He thinks we would be advised to add to the motion wording that would encourage the owner to give us a commitment for a single family dwelling. How could this reside with a future owner should the present owner sell? Ms. More said before going to Council, we could look into what would happen in the County with a non -conforming status. She would guess that by it being legal, non- conforming that you don't automatically get the full range of uses. In particular, we might be concerned are setbacks and height. Attorney Andrews said we can ask the applicant to give us something along the lines that they would be willing to follow the Town of Oro Valley development standards instead of Pima County. If they say yes, essentially it would be zoned R1-144, still be non -conforming, knowing that R1-144 requires 3.3 acres and the owner has 2.85 acres. We would recognize that and let her bring her house in under Oro Valley standards. Commissioner Adler understands, but a subsequent owner is his concern. Attorney Andrews said we could have the condition that goes to the Council state something along the lines that it would run with Oro Valley's standards instead of Pima County, if the applicant would desire to do so. Prop 207 asks that we work with the property owners on issues such as this to make things happen so everyone is happy and at the same time guards against. Ms. More said it relates to who owned the property when. So a future buyer would be informed of what would pass from that one property owner. MOTION: Commissioner Bergman MOVED to recommend approval of OV9- 07-03, translating zoning of Annexation Area "M", to the Town of Oro Valley R1- 144 district, subject to the condition in Exhibit A, and also subject to the condition (B) that the staff will work with applicant to arrive at a mutually February 6, 2006 Apprbll Minutes, PLANNING AND ZONING COULSION 4 beneficial solution to the use of the property in keeping with Oro Valley standards. Commissioner Reddin seconded the motion. Vice Chair McKee made a friendly amendment to the motion to delete condition A entirely and make it (the zoning) strictly R1-144. This was acceptable to Commissioner Bergman as long as condition A is not a legal requirement and we add condition B. Commissioner Reddin accepted the amendment. Motion with the friendly amendment carried 7 yes, 0 no. 6. OV9-07-04, The Town of Oro Valley Planning and Zoning Department requests approval of a translational zoning from Pima County Rural Homestead (RH) to Oro Valley R1-144 (Single Family Residential) for a 120.5-acre annexed area known as Annexation Area "N", being the northern one-third of Rancho Vistoso Neighborhood 12, located generally between Stone Canyon and Sun City Vistoso. Planner Matt Michels gave the staff report. Vice Chair McKee asked if any of the area was buildable, and what guarantee it that that some future Town Council might not sell this land to a developer and let it be developed? Mr. Michels said conceivable yes it is developable, however, it is Town owned. Attorney Andrews said there is no guarantee. No matter what is done today, it could go through a later review and could be rezoned to something else. He is not aware of any deed restrictions. We could put deed restrictions on it. Ms. More said she does not believe there is a recorded conservation easement. We could ask Council to do that, which was their intent. It has been identified in the PAD and General Plan as open space. But, a future Council could make a change. Mr. Michels told Commissioner Paolino that it is currently designated in the General Plan as parks and open space. Attorney Andrews told Commissioner Paolino in regards to translating the zoning to parks and open space, that translational zoning the due process rights spread to more than just the parcel. The surrounding neighbors have rights to know what is going on. To comply with the law, it is translated as directly across as possible so due process rights are not violated. With regard to the conservation easement, it would have to be decided who would hold that. If the Town holds the easement and owns the property, both rights merge and the easement goes away. Mr. Michels suggested that the translational zoning be done now and do a rezoning later. PUBLIC HEARING opened and closed at 6:45. There were no speakers. February 6, 2006 Approved Minutes, PLANNING AND ZONING COMMISSION 5 MOTION: Commissioner Paolino MOVED to recommend approval of OV9- 07-04, translating zoning of Annexation Area "N", to the Town of Oro Valley R1- 144 district, subject to the condition that the property shall remain as natural open space in perpetuity and that a process be initiated whereby the property can be rezoned to parks and open space. Vice Chair McKee seconded the motion. Motion carried 7 yes, 0 no. 7. Planning Commission Training a. Open Meeting Law Attorney Andrews gave a PowerPoint presentation and there was discussion on open meeting laws. Points discussed: • Suggesting when a meeting might occur between Commissioners via email. • There can be no deliberation. • Replying to Ms. More or Diane via email is permissible. • Designed to protect the public. • Volunteer Appreciation dinner should be noticed for potential quorum. • Neighborhood meetings could be noticed for potential quorum. • Intent is a big factor. • Don't use staff as a conduit to avoid the open meeting law. • Public records b. Prop 207 Attorney Andrews gave a PowerPoint presentation and there was discussion on Proposition 207. Points discussed. • How compatibility is reached. • Annexation zoning will be a problem. • Repeal zoning, waive, amend or fight over claims. • Must be careful changing zoning code. • Building codes are exempted. • Increasing parking requirements/ decreasing property value. • Any regulations that changes and affects ability to use, subdivide, etc., that reduces value. • Does diminished value mean increased cost? This is not defined. • Boards need to be cautioned when making decisions than may diminish value or increase developer's costs. • Consider what the market will bear and what developers will tolerate. • Neighbors do not have a Prop 207 claim because of work going on next door • Should negotiations be out of a public forum • Waivers may be used • Get on record whether applicant is willing to restrict uses • Value identified at time regulations are passed • Claims must be made within three years of regulation • Assess risks before making decisions ' February 6, 2006 AppdW Minutes, PLANNING AND ZONING CAUSSION 6 • Town Council will make final decisions Oro Valley already has a large number of regulations in place, i.e. building codes, PAD regulations, Overlay districts, etc. There is no retroactive effect. No action taken. 8. Planning and Zoning Commission representative to Steam Pump Ranch Master Plan Committee. The committee that will be looking at the property will have to do with land uses and site design with relationship to new building on the property. This is one of four different components that will be going on at Steam Pump. 1. Assessment by a structural engineer of existing structures and stabilization. 2. This plan will help figure out what rezoning will be asked for. 3. The property owner, being Oro Valley, is asking interested people for input. 4. There would be a Technical Advisory Committee coming together as a community to see what will be decided. Commissioner's Adler and Pivirotto were interested in volunteering, but would need to know when the meetings will be. This item was deterred to the next meeting. 9. Future Agenda Items • Discussion and definition of master concept plans • Discussion of master sign program • Discussion of what is required by the General Plan Implementation Plan, LU8, which is designing a complementary use district. Read those policies in the housing and land use element to better understand what those policies are intending. Provide clarity. • Preliminary discussion of work plan • Before public hearing on the church/ religious uses, have a study session 10. Planning Update • Granicus, the recording system for meetings, is in place and the Planning and Zoning Commission meetings will be streamed over the internet live. • Community study classes are not mandatory, but would help to meet the continuing education requirements for the various boards and commissions. The classes are each two hours. • Miller Ranch rezoning case is going to the Town Council on February 21, and the applicant has complied with the recommendation of the Planning and Zoning Commission to submit CC&Rs. February 6, 2006 Applld Minutes, PLANNING AND ZONING CUISSION 7 11. Adjourn Regular Session Motion: Commissioner Paolino MOVED to adjourn the Planning and Zoning Commission meeting. Motion carried by concensus. Prepared by: Diane Chapman, Office Specialist TOWN OF ORO VALLEY STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: February 6, 2007 TO: PLANNING AND ZONING COMMISSION FROM: Matt Michels, Senior Planner SUBJECT: OV9-07-04, TRANSLATIONAL ZONING FROM PIMA COUNTY RURAL HOMESTEAD (RH) TO ORO VALLEY R1-144 (SINGLE FAMILY RESIDENTIAL) FOR A 120.5-ACRE ANNEXED AREA KNOWN AS ANNEXATION AREA "N", BEING THE NORTHERN ONE-THIRD OF RANCHO VISTOSO NEIGHBORHOOD 12, LOCATED GENERALLY BETWEEN STONE CANYON AND SUN CITY VISTOSO EXECUTIVE SUMMARY: On October 4, 2006, the Town of Oro Valley approved Ordinance 06-19, formally annexing the above - referenced property. This property is also known as the "ITC Property". The ordinance became effective on November 4, 2006. Attachment "A" includes a legal description of the subject property and Attachment "B" includes a map that identifies the location of the subject area. On June 19, 2002 Town Council adopted Ordinance 02-18, amending the Rancho Vistoso PAD for Neighborhood 11 to allow certain areas designated Open Space to be developed. The approval was conditional to the applicant deeding the four properties to the town to be preserved as open space in perpetuity, either by deeding to the County or by granting a conservation easement over each property to the County. These areas include Honeybee Canyon Park, Neighborhood 11 Open Space, Neighborhood 13 Open Space, and the subject property of this translational zoning, the ITC Property. In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed properties from the original designation to the closest comparable Oro Valley zone. State law requires that this be accomplished within six months of annexation into the Town's corporate limits. Section 9-471(L) of the Arizona Revised Statutes (ARS) states: "A city or town annexing an area shall adopt zoning classifications which permit densities and uses no greater than those permitted by the county immediately before annexation. Subsequent changes in zoning of the annexed territory shall be made according to existing procedures established by the city or town for the rezoning of land." The Pima County zoning designation for this property is RH (Rural Homestead) zone. RH is a low density residential district "intended to preserve the character and encourage the orderly growth of rural areas in the county". The most comparable Town of Oro Valley land use designation is the R1-144 district. "This district 'is intended to promote and preserve suburban -rural single-family residential development. The large lot size permits agricultural uses and promotes open space". However, as previously noted, this property will not be developed and will remain as natural open space in perpetuity. This requirement is reflected in Condition #1 of Exhibit A. OVERVIEW OF PROPOSED TRANSLATIONAL ZONES: Pima County and Town of Oro Valley Zoning TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT OV9-07-04 Page 2 The Pima County RH zone is a low density, rural residential zone which allows one dwelling unit for each 180,000 square feet (approximately 4.1 acres). R1-144 is the second lowest density Oro Valley zoning district. The minimum lot size is 144,000 square feet (approximately 3.3 acres). As discussed, this property will remain as natural open space in perpetuity and no development will take place on this property. NOTIFICATION: The property is owned by the Town. To date, public comments have not been received. GENERAL PLAN CONFORMANCE: The subject property lies within an area designated as "Open Space". The translational zoning does not strictly conform with the land use designation of the General Plan. However, State law requires that the town "translate" the zoning to the closest comparable Oro Valley zone. Although the property will be zoned R1-144, staff recommends a condition requiring that the property remain as natural open space in perpetuity, thus meeting the intent of the General Plan. STAFF RECOMMENDATION: Staff recommends translating the zoning of this parcel to R1-144 (Single -Family Residential) District, subject to the condition in Exhibit A. SUGGESTED MOTIONS: I move to recommend approval of OV9-07-04, translating zoning of Annexation Area "N", to the Town of Oro Valley R1-144 district, subject to the condition in Exhibit A. ATTACHMENTS: 1. Exhibit A 2. Attachment A -Legal Description 3. Attachment B-Map Planning and Zoning Director FAWOV9\2007\9-07-004TZ Report.doc Exhibit A Condition of Translational Zoning OV9-07-004 1. The property shall remain as natural open space in perpetuity. .•, wit "A" LEGAL DESCRIPTION ANNEXATION AREA N-2006 That Portion of the West Half (WI/2) of Section 13, Township I 1 South, Range 13 East, Pima County, Arizona, described as follows: BEGINNING at the Northwest corner of said Section 13; Thence N 89044'18" E, upon the North line of the Northwest Quarter (NWl/4) of said Section 13, a distance of 2,625.15 feet to the North Quarter (NIA) comer of said Section 13; Thence S 00°07'43" E, upon the East line of said West Half (W 112) a distance of 3,045.58 feet; Thence N 38°12'03" W, a distance of 105.85 feet; Thence N 39°06'36" W, a distance of 323.98 feet; Thence N 52°3358" W, a distance of 227.19 feet; Thence N 10'3758" W, a distance of 205.01 feet; Thence N 44°21'51 " W, a distance of 492jL92 feet; Thence N 64°47'02" W, a distance of 216.22 feet; Thence N 70°51'l0" W, a distance of 448.37 feet; Thence N 64°50'06" W, a distance of 238.31 feet; _Thence N 80°54'46" W, a distance of 241.06 feet; Thence S 81 °02'50" W, a distance of 733.71 feet, to the West line of said West Half (Wl /2); Thence N 00°03'04" W, upon said West line a distance of 1,742.63 feet to the POINT OF BEGINNING. Containing 120.5 acres, more or less. Prepared by David A. Rhine, RLS 24590 DAVD A. AZTEC Land Surveying, Inc. p�E