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Thank you for posting the terrorism
videos! Very informative- Here are a
couple links that people may also be
interested in- More of a "stealth
jihad" on the American education
system and our young people-
(these speakers go to grade schools,
middle schools, high schools,
colleges and other places)
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Volume 179-09 October 5th Update October 4, 2009
See Scottsdale Police Advisory
Below Table of Contents
The Scottsdale Activist will not publish allegations, libelous statements, profanity, or personal attacks without a verifiable basis. All letters, columns, pictures, or political cartoons submitted must include the authors or artists name, address, daytime phone number, and email. All personal information except the author, photographer or artists name will remain strictly confidential without being released, sold or distributed in any manner. We assume no responsibility for the contents of letters, columns, or cartoons and reserve the right to—at our discretion—edit or refuse to print any submissions or parts thereto without the need for justification. Opinions expressed herein are solely those of the authors/artists and not necessarily the opinions of The Scottsdale Activist .
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We may not be here every week or even every month, But we have our eyes and ears open for everything important to the City of Scottsdale residents!!
When it's something Important, we'll get it to you as soon as we can!!
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This a
"No
Cost, No Sponsor"
website dedicated to
the Citizens of
Scottsdale who care enough about their city to get involved.
Just Click the Sign up Button
This is your personal palette from which you may "Paint the Tone" of the Scottsdale picture as YOU see it!
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Troop Gift Info, the USO Site, A Gathering of Eagles site, and other Local Websites and Newspaper links are now located in the "Information You Can Use" section of this website.
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Table of Contents Pick the Article in this Table of Contents that you wish to read, then Just Click ~ Editorials -- Staff editor@scottsdaleactivist.com
~COGS Corner—The Coalition of Greater Scottsdale : City-Wide Items if Interest~Other Stuff of Interest ~ Information You Can Use
~ Look up Prior Editions? Click on a date to open.
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The Following Advisory Message has been issued by the Scottsdale Police Department.
SPD's Financial Crimes Unit would like to remind everyone of an ongoing online banking scam
The Scottsdale Police Department would like to inform the public of an ongoing scam that involves multiple text messages and possibly e-mails to personal accounts, which have been sent notifying the recipient that their debit card account is about to be deactivated.
Typically, the text message starts off by providing the name of the bank and the BIN (bank identification number) that depicts six numbers and states that the recipient must contact that Security Department to reactivate the card.
Depending on the recipient’s
response or lack thereof, one may receive additional messages that take
on a more intimidating tone. For the e-mails, the true bank's website
has been spoofed in hopes of luring the customer into providing their
account information.
These may be actual banks the individual does not have accounts with.
Typically the text messages have come from a variety of different phone numbers that when called, directs the caller to a phone tree in which they are automatically prompted to enter the sixteen digit debit card number.
There does not appear to be any other option for the caller to use, and the system is also set up to recognize bogus account information, ex. sixteen zeros typed in.
Multiple banks in different jurisdictions have reported this same scam, and the process appears to be identical.
The Scottsdale Police Department's Financial Crimes Unit would like anyone that may have saved these types of text messages or e-mails to contact them with this information and would like to remind everyone that banks will not ask for your PIN (personal identification number) online.
Also, always enter your bank’s website from your browser and never go to a bank’s website from a link.
Det. Trevor Anderson
Financial Crimes Unit
480.312.8086
Contact Information:
Detective Trevor Anderson
SPD - Financial Crimes Unit
480-312-8086
~ Editorials -- Staff
Again we hear the complaints about yet another override for the Scottsdale Unified School District.
The complaints run from;
-
"Why don't people vote to educate our Kids"
to -
"Why do they need still more money, we just keep feeding the system which shows no concrete results or improvements".
The Scottsdale Activist will simply say,
-
If you support the tax override, simply Vote for it.
-
If you don't support it, simply Vote Against it.
What ever you do Vote, VOTE, VOTE.
As residents of Scottsdale, you have been given the opportunity to vote either by mail or in person.
Please exercise you right and VOTE,
It's your money they're wanting to spend!!
~Council NOT the Enemy of Employees
This is being rerun by special request
We’ve heard, then confirmed very disturbing and unfortunate information this last week that it’s being said by certain upper level city people that the City Council is the enemy of the city employees.
If you will remember, Jan Dolan had her pets and is the one who wanted no emails sent to her and she did most of her communicating verbally in her office or yours so nothing could be forwarded to the media, especially the Scottsdale Activist. Some of your current managers and directors were students of the Dolan way of managing; Enough said?
Were pretty we know from where this information is emanating but that information is NOT TRUE in any manner and really doesn’t matter. The council is the best friend the city employees have today. Sure they needed to cut staff, but you can blame that on the prior administration and upper management that spent taxpayer money like drunken sailors without regard for the citizens OR the employees.
That over spending put the city in a negative cash flow situation that had to be adjusted so the budget could be balanced per law without losing any more employees than absolutely necessary. Even more jobs could have possibly been saved if the retirement payouts had been as stated by city manager John Little, not millions more than stated as the final accounting revealed.
If you do have enemies, it is a few of those managers and directors who came on board with the Manross/Dolan Administration who loved secrecy and keeping everyone in the dark. Those are most likely the same managers or directors who will not listen to the citizens or the employees and do what they want, when they want, with whatever they want, and apparently no matter the cost. They are also the ones who don’t want commissions, boards and Task Forces talking or meeting with others who are working on parts of the same project.
In addition, as most of you know, the Scottsdale Activist highly respects the rank and file employees over some management personnel or those who would malign the loyal employees of our city. That is true as long as we can validate through a number of sources that any allegations brought to us are correct.
We have had and still have many employees give us information concerning the misdeeds of a few misfits without ever tipping our hand from where the information originated. We go to great lengths to protect the employees and any managers who have come to us for help and we usually get something done that helps all employees and the good managers and directors.
Those who we felt were hurting the city and the employees were Dolan, Manross, Gray, and Robberson who are now gone. We have a few left that need to move on and we’re working on that as we write this special edition of the Scottsdale Activist. With your help, they too will be gone.
We at the Scottsdale Activist want to sincerely thank all of the Scottsdale city employees for all they do in spite of some of the problems they encounter.
~ John Little: The Countdown Continues
We have been watched closely as city manager John Little goes about running (?) the city.
What we have seen doesn’t give us much faith that John will change his spots as promised. Instead, we are seeing more stonewalling, failure to be involved in necessary activities, failure to inform citizens and taxpayers about vital meetings and issues, and a total "hands off" attitude.
Just one case in point this last week:
There was what was deemed by citizens as a vitally important meeting with the City Council and ASU concerning the rehabilitation and redevelopment of the southern portion of the city and the McDowell Corridor.
Because the city council was invited to be there, it is legally considered a "public meeting". The only notice the public had was under the City Council Meeting Schedule on the city website. Why?
Fortunately, Nancy Cantor just happened on the schedule and attended the meeting. In talking to President Michael Crow of ASU, she was told it was a public meeting and the public was expected to be invited. To back up what he said, there were an additional 40+ chairs and finger foods for the expected public presence who were never invited by the city.
Nancy had a discussion with President Crow who openly stated he and ASU wanted to be an integral part of the rebuilding of Scottsdale and would work with the taxpayers and citizens to make sure they were heavily involved in any decisions. Councilman Tony Nelssen did yeoman service as he carried the message of the taxpayers very well which was extremely important at this meeting. Too bad Little didn’t feel that way.
From what we heard, the only member of the Management Team of the city to be there was one of the Assistant City Managers, David Ellison. Where was City Manager John Little who of all people should have been there to meet and greet the dignitaries from ASU?
Could it be that, as reported by some, that
Little no longer gives a damn about his job or the importance of his
presence at these types of events? Even as secretive as Jan Dolan
was, she participated in these types of things.
Is it true that Little really does want to be
fired in spite of his supposed or possibly feigned interest to keep
the job?
Why does David Ellison always seem to be at a few
of the places where Little should be?
This is a very abnormal action for a person such
as John Little who is supposedly trying to "save" his job.
A strong comment by one prominent long time,
highly respected citizen was simple:
"It is detrimental both to the city, and also more importantly to
the residents, to continue to have a city manager who has been
promoted beyond his capabilities. While Ellison should not be
promoted to city manager, he certainly could be interim city manager
while a replacement is found. Little does not even chair the
executive committee, he leaves this to Ellison. Scottsdale has a
"hands off" city manager who is clearly out of his depth and failing
to support this council. Fire him now and do not wait another 80
days (the clock is ticking)."
The problem that rears its head is very simple:
Should Little be fired or walk away, who would replace him? David Ellison? David Richert? Brent Stockwell? An unknown place holder?
In asking this question over the last week or two from various citizens and some employees alike, we came up with the following:
David Richart; Absolutely not under any condition.
David Ellison; Only in a pinch and for a very short period of time, would need to have a second person share the position with him for continuity and to preserve history of the city.
Brent Stockwell; a fair and hard working city employee who would do his best as a placeholder to be fair and willing to listen to the employees, citizens and the city council, if he would even accept the temporary, placeholder position.
Dave Meinhart: a fair and hard working employee who has just inherited the Transportation Department which has major problems with some know-it-all engineers who need to either leave or become a lot more citizen responsive and friendly.
Dick Bowers could be brought back as some are requesting as a placeholder who knows the office well and could clean up the mess which we currently see and need to have fixed to get the city back on track.
Another problem is that some employees and citizens see Mayor Jim Lane trying to push the city to a "Strong Mayor" type of government while John Little is pushing hard towards a "Strong Manager" type of city. We don't see Mayor Lane doing that but we do see Little being way too combative even after his run-in with Lane and the Council. With Little being that combative, Lane must be assertive to maintain any form of control.
Some of us long time residents associated with the Scottsdale Activist have lived under both systems from the east and west coasts and reject both as too one-sided and too politically driven. We need to go back to the a-political system we enjoyed in Scottsdale for years. Three districts might further help the situation.
Scottsdale was built upon the system where the council, city manager, and city attorney worked together for the benefit of the voters and the citizens. We need to get back to those goals.
It is very interesting that we just finished with the Manross Administration having a stranglehold on what did and didn’t happen in Scottsdale through a solid council majority which didn't listen to the citizens. Now the shoe is on the other foot and the whiners are coming out of the woodwork when they don't get their way the way they're used to. We now have a more balanced council while some whiners say Mayor Lane has a solid council majority.
Yeah, he wishes.
~ …and the Misinformation Continues under Little?
For those on the council that still do not see the need for the new Treasurer, let me give you all some more examples of the poor quality of financial data being presented to you. The attached .pdf (PowerPoint Presentation) of the planned presentation, at first glance contains 3 inaccurate statements/facts. The .pdf attached is the original version posted on the city website 2 weeks ago and not what McCarty presented to the council.
Page 8 Unemployment
The statement is made that typically Scottsdale unemployment is 1% less than the AZ total. This is not correct. Currently, August 2009, AZ unemployment is 9.3% and Scottsdale is 6.3% i.e. 3% difference. For the year January to August 2009 AZ is 8.2% and Scottsdale is 5.5% i.e. a difference of 2.7%. Historically from 2000 to 2008 the average AZ unemployment is 1.7% higher than Scottsdale.
2) Page 9 General Fund Results for 2008/09
Staff has got themselves confused between revenues & expenses and sources & uses. Sources & uses include transfers in and out, revenues & expenses do not. Therefore the data they are supplying is not revenues and expenses on this slide. Comparing the latest forecast for 2008/09 (on which you based your budget decisions) and the unaudited final results for 2008/09, revenues exceeded forecast by $6,976,078 and expenses (including debt service) were $7,513,456 lower than forecast. This annual practice of underestimating revenues and overestimating expenses, this time by $14.5million, is part of the old game of trying to justify higher budget numbers the next year. This amateur practice should be stopped. Expenses can be cut even further in 2009/10 without any change in service levels.
Page 24 General Fund Sales Tax July/August 2009
Bearing in mind you have already received a sales tax report for July which shows a decline versus July 2008 of 19%, it must come as great surprise to be now told that for July/August versus the prior year that sales tax is up 4% YOY (year over year) (from $12.0m to $12.5m). Of course this is not correct. Data previously supplied by staff (attached), clearly shows the 1% general fund sales tax revenue as $15,153,219 in July/August 2008. This means that this years figure of $12.5m is actually 17.6% lower YOY.
To see the PowerPoint Presentation, Click HERE
If you need a PowerPoint Viewer, go to Google and download "PowerPoint Viewer"
I am pleased that I have finally shamed staff into releasing some information for both Y/E June 2009 and July/August 2009 but the quality of reporting is still poor. Errors on those can be provided to anyone who asks. The most notable omission is that there is no declaration of the amount of the charge of the retirement incentive plan in the 08/09 accounts.
Regards,
Graham Kettle
Notes after the City Council meeting: What really bothers most of us is that no council member challenged McCarty on his presentation or facts because he did change slides 9 & 24 to reflect Mr. Kettle’s corrections. He left 8 as it was but verbally stated Scottsdale unemployment was 6.3%, not 1% less than AZ at 9.3% (Scottsdale actual is 6.3%). No council or staff member contacted Mr. Kettle to find out what other errors exist although Mayor Lane did pick up the error on slide 27 regarding 09/10 $14.0m is a 10% reduction v 08/09 actual of $12.8m - NO, $14.0m is a 9% increase v 08/09 actual.
What kind of garbage is the public being fed here? Did City Manager John Little even take a look at or understand this presentation or does he even know of its content? We bet not.
No council member asked what charge was actually booked in the 08/09 numbers for the retirement incentive program, or indeed what number still needs to be booked (if any) in the 09/10 accounts.
~ ……more Hidden Financial Misinformation?
How many times have citizens and citizen organizations asked for specific financial information only to be told by city staff that "we don’t keep specific information on those costs"?
Try getting exact costs on installation, maintenance, and frequency of repairs of neighborhood entry islands, roundabouts, traffic tables, and other Transportation Department controlled construction.
Citizens, since the Manross/Dolan Administration, have never been able to get exact information on many costs or expenditures from city staff and it is still continuing in kind under City Manager John Little and the staffs he controls.
Where ARE our tax dollars going and why might be the necessary question right now in the city’s current financial state of affairs?
Below is yet another example of missing or misinformation as presented to the city council by city staff under John Little.
=====================================================
Meeting Date: 09/29/09
Item Number: 1 - Regular Agenda
Comment for 09/29/09 Item 1 - Regular Agenda:
Pertinent to tonight's "presentation". I request that Mayor Lane ask in
public the "sales tax misinformation" question and also to ask why there
is persistent failure to provide basic and accurate financial
information in a timely manner.
Regards,
Graham Kettle
======================================================
From: Dodds, Pat
To: Jagger, Carolyn ; Lane, Jim
Cc: La Sota, Tim ; Graham Kettle ; Little, John C. ; McCarty, Scott R
Sent: Friday, September 25, 2009 4:51 PM
Subject: RE: 2009/10 Budget etc
To clarify, I don't believe all the information Mr. Kettle requested (below) is available as existing documents, which is what the pubic records law compels the city to produce.
This is a fairly common issue when dealing with requests for information from complex databases that has to be defined, extracted and put into a report.
Financial Services has confirmed that not all of the requested information is available in currently existing documents. The division is working to produce reports that will address as much of Mr. Kettle's request as possible.
They will have an update for Mr. Kettle sometime next week.
==================================================
----- Original Message -----
From: Graham Kettle
To: Dodds, Pat
cc: McCarty, Scott R ; Little, John C. ; La Sota, Tim ;
jlane@scottsdaleaz.gov
; Borowsky, Lisa M ; Klapp, Suzanne ;
rlittlefield@scottsdaleaz.gov ;
RMcCullagh@scottsdaleaz.gov
;
TNelssen@scottsdaleaz.gov
; wecton@scottsdaleaz.gov
Sent: Tuesday, September 29, 2009 10:33 AM
Subject: Re: Requested Financial Information
Mr. Dodds,
Your reply, of course, is a totally unsatisfactory answer. Mr. Little is
compelled to provide monthly accounts to the city council - this he does
NOT do. If he did then I would have been able to retrieve the vast
majority of the data I am requesting. Of course Mr. Little has only
recently been "shamed" by me into releasing partial information relating
to May/June and July/August. The amateur standards of this organization
continue to defy belief.
I repeat below the information I am requesting:
(1) A copy of phased monthly adopted budget 2009/10
(2) A copy of phased monthly revised budget 2009/10
(3) A copy of L/E by month for 2009/10 if different from (2) above
(4) A copy of May 2009 financial statements
(5) A copy of June 2009 financial statements
(6) A copy of July 2009 financial statements
(7) A copy of August 2009 financial statements
(8) Updated version of Excel file attached (ACTUALS-REVENUE HISTORY)
(9) Actuals-Expenditures History by month 2004/05 to 2009/10
Any competent finance function would have all these documents at their fingertips. Constructive public comment cannot be made if the city manager cannot be bothered to provide the council and the public with full, accurate and timely financial data. I note with great amusement that slide 24 of tonight's presentation has now been corrected, at my request, to reflect the accurate sales tax data i.e. the decline in July/August 2009/10 of 17% and not the 4% YOY (year over year) increase that was previously reported (see attached slides).
How can a mistake of this magnitude be made?
There are many, many other "mistakes" in the 3 reports to be presented tonight.
Not one single member of staff, nor one council member has even bothered to ask what these errors might be. That just about sums up the lack of due diligence regarding the city finances.
Regards,
Graham Kettle
~SkySong & McDowell Corridor Meeting
Last Wednesday, ASU and President Michael Crow invited the City Council and interested city residents to a meeting at SkySong. Including the dinner for the council, there were 40+ more seats including finger foods for interested citizens who wanted to hear what ASU’s Michael Crow had to offer. Notice that the Invite said "City of Scottsdale" it didn't say "Scottsdale City Council".
Really?
That’s funny, neither the city manager or the city staff bothered to find out who was invited and therefore didn’t tell or invite any of the local citizen organizations such as COGS, Scottsdale Coalition, TOPS, Community Council of Scottsdale or possibly more importantly, or especially the McDowell Corridor(?) Task Force who is currently working on exactly that problem.
The only citizens in attendance were Nancy Cantor and reporter for the Scottsdale Republic Jane Larson because City Manager John Little and his staff totally dropped the ball……… or did they.
The only reason Nancy attended was because she accidentally saw the meeting posted on the city website and called to see who was invited. Council meetings are ALWAYS public meetings because city issues are either discussed or suggested. Who ever looks for a city council meeting on a Wednesday?
Maybe Mr. Little, as did Jan Dolan, really doesn’t want citizen input so that he/they can do what they want without input or suggestions from those paying the bills of the city.
In talking with Michael Crow, Nancy found out that ASU actually wants to be a part of the redevelopment of South Scottsdale and that doesn’t mean more density and less retail businesses.
Below is the Invitation from ASU. Where was John Little and his staff on this one?
ASU Dinner with the City of Scottsdale
Wednesday September 30, 2009
SkySong
6:00 pm Reception; 6:30 pm Dinner
Agenda
President Michael M. Crow, Arizona State University
a. Welcome and introductions
b. Detailed introductions of ASU Administrators
1. Update on SkySong
City of Scottsdale
c. The McDowell Corridor and other areas of common interest
Open discussion
~ Chamber Appeal Hearing Date Set
The Appeal Hearing for the Scottsdale Area Chamber of Commerce conviction on Illegal Election practices will be held on November 10th, 2009 from 8 a.m. to noon.
The hearing will be located in the Office of Admin Hearings in Phoenix for anyone interested in attending. It is located in the N/E corner of W. Washington and 15th Ave.
1400 W Washington # 101
Phoenix, AZ 85007
(602) 542-9826
The case is assigned to the honorable Thomas Shedden.
~ Zoning Text Change Amendment, Why?
The City of Scottsdale is preparing a zoning ordinance text amendment to update certain definitions. The goal of this proposal is to establish a more useful and easy to understand zoning ordinance. This effort includes the following words and words related to these:
Accessory building
Day care
Gross floor area
Mature trees
Private outdoor living space
Sorry for being so negative, but with what’s been going on behind the backs of our citizens our question is simply;
why are the changes necessary?
Are the changes to make it easier to circumvent the current rules, regulations and ordinances?
Maybe to help bypass DRB and Council Scrutiny?
Could it be "Phoenixitis" is creeping into Scottsdale Planning Department?
We need to know before any changes are implemented.
Additional project information is available at:
http://www.scottsdaleaz.gov/codes/zoning/update.asp
The city will host two open houses to gather community input on this proposal.
Wednesday, October 7, 5:30
to 7 p.m.
One Civic Center
7447 East Indian School Rd.
Community Development Conf. Room 1, 2, 3
Or
Monday, Oct. 12, 5:30 to & 7 p.m.
Same place as above
Staff reps will be available to provide info and respond to questions.
Staff contact: Kira Wauwie, AICP, Proj. Coord. Manager; kwauwie@scottsdaleaz.gov
480-312-7898
~ Full Communication & Commitment Needed ASAP
On November 12, 2009, I will have lived in
Scottsdale 50 years. I think I can qualify as a native.
I remember when Scottsdale Healthcare Osborn was Scottsdale Baptist
Hospital and only one story and those single story buildings still
sit on the north side of the existing building.
I remember when the public library was in one building and that
building was the Little Red School House that now houses the
Scottsdale Historical Society.
There was the turkey farm on Thomas Road and 82nd Street and a horse stable where the Rev. Sutton boarded his daughter's horse. Pima Road was gravel and Tatum Boulevard went no farther North than Shea Boulevard.
Oddly, I also remember the Southeast corner of Scottsdale Rd. and McDowell Rd. was and open field that at one time had seen cotton grown there; Pima Cotton, the best type of cotton.
Though those days are long gone they are not forgotten. They were good times to be a kid, though I am sure, like kids today, there were ample things to complain about.
South Scottsdale is very different from the other parts of Scottsdale.
Southern Scottsdale has 33% of Scottsdale's overall population or 80,220 residents, with in an area of just under 15 square miles. The average income in this area is $43,609 which is lower than the rest of Scottsdale, AND LOWER THAN MARICOPA COUNTY. There are 36,837 households or 67.6% of the city's total 54,458 households. 30% of the total households in South Scottsdale had persons aged 65 or older.
The area has 39.8% of the citywide housing stock.
Southern Scottsdale has some of the most affordable housing found in
Scottsdale, but from 2000 to 2008, its median home price increased
116% from $129,500 to $279,750, while median
income increased only 12% or $43,609 to $49,000
during the same period.
The 2001 General Plan designates McDowell Road and portions of its
adjacent neighborhoods as a "Growth Area," or an area most
appropriate for development focus, multi modal transportation, and
concentration of a variety of uses to discourage sprawl.
So, here is more information than you
think you might need. However, in the 50 years I have lived in
Scottsdale we have seen many, many changes, some good and some not
so good. The good changes were the result citizen participation in
the decision making process. Citizens who were aware of their
communities needs and who respected their neighbors, who they knew,
too.
The time is here, now, for Southern Scottsdale residents to be a part of the decision making process to protect their homes and their quality of life.
City Council, City Management, and City Staff, do you hear the desire for complete communication and cooperation from you with the citizens and voters who pay your wages and provide your excellent benefits?
~ … and the Carriage Hills Fiasco Continues
This is an ongoing dialog by date from the top down between the city staff and a number of us who are trying to save the Hillside, ESL and NAOS Ordinances as written from being destroyed by a small group of property owners.
29 Sept 2009
Good Evening,
A number of us are very concerned about the apparent comments made by Daryl Workman at the HOA board meeting last night at Carriage Hills (La Posada).
According to residents we talked to after the meeting, they said Daryl stated that he was working with the HOA president, board and their attorney(s) to get the plant list changed by the city council with little to no mention about a date to have the offending plants removed as required by the city council vote and mandate.
Now as all of us who were either at or watched the city council meeting understood, the council mandate when the issue was discussed and voted upon, it was made very clear that the ONLY NEGOTIABLE ISSUE was to be the dates at which the offending plants must be removed.
If this information is wrong, please advise what the discussion was about in detail if we have it wrong, remembering that there were residents at the Carriage Hills meeting who called us with the information as they heard it.
They also made it clear that Daryl never fully admitted that the 20 foot maximum limit on trees anywhere on the properties was an adjudicated decision made in zoning cases which affects the entire northern area of the city and cannot be changed by the council or anyone except apparently by another court action.
If Don Hadder, Daryl Workman, or anyone else within the city staff continues on this apparent illegal course of action, there will be a very serious problem for the entire northern tier of the city and you will have scores of very angry citizens who don’t appreciate apparent runaway staff members wiping out current, in place rules and ordinances.
These illegal actions, if approved, will effectively destroy all rules and regulations under the Hillside, ESLO, and NAOS ordinances. Is that what we want? You might want to check with Jane Rau on this one, but keep at least 2 arms length distance, she swings from her heels and does a good job of it when things are done wrong.
Frankly, the citizens of Scottsdale are very tired of staff taking it upon themselves to make new rules which break current ordinances or laws, or do exactly the opposite of the councils chosen direction by public vote.
Please get back to us with the EXACT details of what Workman and Hadder have proposed to the Carriage Hills HOA board. How about the recorded minutes of the Carriage Hills meeting for starters.
================================================
9/30/09
See Footnotes indicated in (red) at the bottom of these pages.Mr. Knowlton;
The La Posada HOA meeting the other evening
(1)included an agenda item regarding amending the deed restrictions for the subdivision by adding a plant list (see actual agenda below). Apparently, the window for updating and modifying the deed restrictions will occur in 2010, which is good timing. (2)One of the problems has been that the deed restrictions did not included the acceptable plant list, which most of the major developments included in their deed restrictions (See Insert below straight from the LA Posada CC&R’s). We are continuing to do research on the ordinances and cases that relate to this subdivision (and potentially others) and are focused on reaching ultimate compliance.As a related matter, the HOA Board has been approaching the homebuilder (Maracay Homes) for some possible solutions to part of the landscape issue in the front yards at La Posada. Since these discussions have just begun, we have no indication as to whether they will result in possible solutions.
This has become one of the most complicated situations we have encountered. Regarding the landscaping conditions at La Posada there are three separate conditions:
·
NAOS areas - This is regulated under the Hillside Ordinance and there is no question as to what plants are allowed under this condition.·
Remaining portions of the front yards - This was approved by the Development Review Board (it is not within an adopted zoning district regulation) and can be amended by the Board or Council (upon appeal), which is what the case this summer was about.·
Plant height - Upon further detailed review of all the case work, there is a stipulation in the original parent zoning case that limits the height of non-native plants. As a stipulation and not an ordinance language, this could be subject to modification by the Council if applied for. This stipulation originally was applied to a triad of zoning cases that included not only La Posada, but also the adjacent subdivisions to the north and south, as well as what is now Estancia and Troon North. Since there is much case work on these properties since then and some portions have been converted to ESL rules, we are trying to determine which rules apply to which property and we are also conducting field inventories to ascertain existing conditions.As to whether we are pursuing enforcement of the regulations in ESL, we were at City Court on Monday afternoon regarding a property we had filed numerous citations on and the court found in favor of the city including provisions regarding non-native plants. On that property the rules that applied were clearly the ESL and FO overlays and we were able to make a strong and viable case.
Feel free to contact me or Don Hadder if you have further questions.
Thank you - David Richert, Executive Director/Planning, Neighborhood & Transportation
==========================================
9/30/09
Thank you for your quick response MarJan.
Why other subdivisions are even discussed using the same or similar
parameters as this case is not understandable or acceptable when they
have no bearing on this specific case. By trying to make all
subdivisions have the same rules is impossible which even Daryl Workman
clearly stated in a meeting with Councilman Nelssen, Raun Keagy, me,
Code and Planning departments represented. In that meeting, he said the
only way things could be set straight was to take subdivisions one at a
time. What has changed? Are you all running scared because they hired a
supposed city-friendly Lawyer firm?
If you would take the time to actually read and
understand the original Articles of Incorporation as well as the Amended
set (which take precedent) along with the CC&R's of this specific HOA,
the instructions are very clear as to what is allowed and what is not.
It also spells out that they must follow the existing city ordinances as
written and have been told that beginning in at least 1995. The city
MUST understand and force these legal instruments to be used as they
were intended.
(3)The
biggest problem here that the city and the city legal department
apparently refuse to understand or refuse to accept that this HOA
president and board are REQUIRED by their own Amended Articles of
Incorporation to have 75% approval of ALL property owners before ANY
changes can be made to their CC&R's or Articles of Incorporation.
THEY DO NOT HAVE NOR HAVE THEY EVER ASKED
FOR THAT APPROVAL OF THEIR PROPERTY OWNERS! In fact, they
know and have admitted they can never get the 75% approval, yet the city
continues to deal with a group of residents who systematically couldn't
care less about any rules, regulations or ordinances, the city around
them, and are not following their own Articles of Incorporation and
CC&R's.
By allowing this to happen, the city is opening itself up to multiple lawsuits and the total loss of the Hillside, ESLO and NAOS ordinances as they stand today. These specific ordinances were developed through the help and conviction of many dedicated citizens to protect the northern area of the city from anything that could block the views of the McDowell's or other natural areas, disallow plants to be introduced that could pollute or propagate within the precious Preserve which the citizens of this city voted to purchase and protect with taxpayer dollars.
I would like a detailed explanation why you are not requiring the HOA president and board to follow their Articles of Incorporation and CC&R’s to the letter and I don’t want to hear that it’s not the city’s job because it is; this case, not authorized according to the Articles of Incorporation and CC&R’s of Carriage Hills (La Posada), has cost this city thousands of dollars in costs as well as hundreds of man-hours which this city cannot afford when someone has not followed the rules of their own Articles of Incorporation, CC&R’s or the letter of the law for that matter.
=====================================================
10-03-09
Ladies and Gentlemen,
It would seem to me that the HOA president and board are running roughshod over the city of Scottsdale, the taxpayers, the City Council, its ordinances, and laws, and its staff by not following their own Articles of Incorporation and CC&R’s. This is happening because this city refuses to;
·
(3)Take a quick look at the Articles of Incorporation or CC&R’s of this Subdivision which clearly states that the subdivision MUST have 75% approval of their property owners approval BEFORE they can attempt to change ANY of these items for which they ask.·
Force staff members Workman and Hadder to follow the council mandate as voted upon.If these practices are allowed to continue, you can kiss the Hillside Ordinance, ESL, NAOS, and the pristine nature of the McDowell-Sonoran Preserve as we know them and demand them to be, a fond but final farewell.
This unnecessary and illegal debacle has cost the city of Scottsdale and her taxpayers thousands of man-hours (Dollar$), DRB time which could have been spent for better things (Volunteer time), The City Council for two (2) meetings with more to come (Dollar$), staff time researching the facts (Dollar$), and the use of city facilities and employees to hear the case (Dollar$). All of this cost because a small, rogue group of property owners don't want to follow the recorded Articles of Incorporation and CC&R's which legally rule their HOA and have since before the first homes were built.
All of these costly events are also happening because the city refuses to look at or develop an administrative rule where HOA’s must present their Articles of Incorporation or CC&R’s showing what percentage % of the property owners it takes for any HOA to bring anything from their HOA to the city or city entity for review. The NEC (Neighborhood Enhancement Commission) asks for this information any time an HOA or organized neighborhood group ask for shared funds, why not the city?
Any decision to allow Carriage Hills to have what they illegally want under the current conditions means, the city management and staff is going directly against the mandate of the city council and thereby saying out load "To Hell with the Council, we make the rules and can change the rules at will, the council votes don’t count with us".
It’s truly a shame and a true tragedy that this city manager, his staff and the legal department cannot, or more correctly will not demand that the Carriage Hills (La Posada) subdivision or any other HOA follow their Articles of Incorporation and CC&R’s instead of trying to bully their way to get what they want, to hell with the rest of the city, no matter whomever or whatever they trample. Their rules, Articles of Incorporation & CC&R’s were in place before the subdivision broke ground. There shouldn’t be any
This city, its staff and the city council could easily stop this entire charade by simply rebuking Daryl Workman and by demanding he retract any discussion on ANYTHING but what the council ordered by an overwhelming vote; the dates by which the illegal plants, trees and shrubs must be removed and tree heights brought into compliance: It’s that easy!
If city manager John Little, Executive Director/Planning, Neighborhood & Transportation, David Richert, and the city legal department cannot come up with the intestinal fortitude to correct Workman’s action, those people need to be replaced with those who can follow the Councils directions to the letter.
=======================================================
Homeowners' Association
Board of Director's Meeting
June 24, 2009
AGENDA
I. Call to Order
II. Establish Quorum
III. Financial Report
IV. New Business
>
V. Open Session
VI. Adjournment
> Next Meeting TBD
(2)
15. Landscaping: Inasmuch as it is the intention to preserve, insofar as possible, the present natural desert state existing in the Subdivision, desert growth shall not be destroyed or removed except as it is necessary for the construction of roads, dwelling houses and connecting buildings to the dwelling houses. Carriage Hills was selected for its clean air and dust free environment. All landscaping plans for any lot must be submitted to and approved by the Architectural Committee in the manner provided in Paragraph 2 hereof. The Architectural Committee shall have the authority to restrict or prohibit any other activity within the Subdivision which is allergy producing, contributes to odors, or otherwise would be inconsistent with the clean air and natural desert environment of the Subdivision.Each lot within the Carriage Hills subdivision will be required to maintain within its landscape design a minimum of 910 square feet of natural desert revegetation to match the surrounding desert landscape. This designated area is to be preserved in its natural desert state in. perpetuity in accordance with the City of, Scottsdale Hillside ordinances under which the Carriage Hills subdivision is developed.
(3)
These Articles may be amended by Members representing at least seventy-five percent. (75%) of the total authorized votes entitled to be cast by Members of the Association; provided, however, that the Board, without a vote of the Members, may amend these Articles in order to conform these Articles to the requirements or guidelines of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the Veterans Administration or any federal, state or local governmental agency whose approval of the project, the Plat, or the CC&R’s is required by law or requested by the Declarant.
 |
~COGS CORNER—The Coalition of Greater Scottsdale
OCTOBER! At last cool nights --- but not cooler heads or tongues at recent City Council meetings. Additionally, there has been (as a homeowner in the area states) "an assault" on the Desert Foothills Overlay in northern Scottsdale. In this Coalition of Greater Scottsdale (COGS) E-Newsletter to you, we provide comments on current issues and alerts about city events and activities for your family to enjoy.
COGS MEETING THIS COMING THURSDAY at 7 pm in Room 8 of the Granite Reef Senior Center. We will hear reports/updates in a round table discussion from COGS members who are serving on the Downtown and the McDowell Corridor Task Force. Also updates on the Southern Scottsdale Area Plan draft, widening of Pima Rd, two northern projects and one Old Town proposed project will be heard. Come and share your comments.
********SO, WHAT IS HAPPENING IN THE CITY GOVERNMENT?********
Reminder: City information is just a phone call away-- 480 312 3111.
Don't take your utility bill or tax and license payment to the San Salvador Drive office:
As of last Friday, it is closed permanently. The payment drop box located in the west parking lot of the office will remain in use. Walk up services will continue to be offered at the One Civic Center building, 7447 E. Indian School Road, Suite 110. (just north of city hall).
Council members voted for a 90 day "extension" on City Manager, John Little's, contract.
As you may know, the City Manager may be relieved of the job at anytime that the majority of the City Council so votes. Recent Council meetings have included tense exchanges between some Council members and the City Manager. The Phoenix newspaper has published multiple articles describing the points of contention and quotes from both parties. As citizens, we wonder, "Why hasn't this City Council and the City Manager held any Policy Study Session?" A simple retreat would hash out issues and establish agreed methods and procedures for working cooperatively. This council has two new members. Mayor Lane has a different perspective and greater responsibilities then when he was a councilman. Although the city manager has served this city well for more than 20 years in various top-administrative positions, he is also new to the role of a city manager. We urge an honest effort to improve positive communication between the City Council and the City Manager and subsequently--staff.
A top architect and impressive designs BUT "not in a Desert Foothills protected area" say our northern COGS members:
Hot buttons were pushed when a zoning change was requested for the northwest corner of Dynamite and Pima Road. If approved, it would it change from Rural Neighborhood to Planned Neighborhood Center----and a gas service station, electric car plug-in, equestrian retail store etc. would be built. This land is within a no-commercial area called the Desert Foothills Overlay. The city staff on September 23rd submitted a report to the Planning Commission which includes these statements, "...A land use change from Rural Neighborhood to Commercial designation as proposed in this case, is considered a General Plan major amendment, regardless of the size of the property." What does that mean? ONLY a vote of the public can approve a major amendment to the General Plan. Pretty clear?...well, add politics.
The developer is now pursuing a "text amendment" to the General Plan. In football this is called an end-run. Stay tuned.
Are you curious about the Downtown and McDowell Corridor Task Forces?
First, ALL meetings are public. You can attend and speak during the Public Input portion on non-agenda items. Both Task Forces have met three times or more. You can go to the city website under Boards and Commissions to the Task Force of your interest. Minutes are posted as well as upcoming agendas.
Downtown Task Force meets 7:30 am at the Scottsdale Visitors & Convention Bureau (Galleria): October 12th,26th,Nov 9th,23rd, Dec 14th and 28th.
McDowell Corridor & Southern Scottsdale Economic Task Force at SkySong in room 129: Wednesday Oct 14th (5-7pm),Nov 5th (8am), 19th (5-7pm), Dec 10th (8am).
ANOTHER CHANCE TO BE HEARD: Zoning ordinance definitions may be re-written for clarity. Check it out at the city website http://www.scottsdaleaz.gov or attend these open houses--Two open houses are planned -- one on Wednesday, Oct. 7, and the other on Oct. 12.Both will take place from 5:30 to 7 p.m. at the One Civic Center's community development conference room, 7447 E. Indian School Road.
Staff representatives will be available at both sessions to provide information and respond to questions about the proposed zoning ordinance text amendment that would update certain definitions to make them easier to understand.
The effort includes the following words and words
related to these:
** Accessory building
** Day care
** Gross floor area
** Mature trees
** Private outdoor living space
Additional project information is available at
http://eservices.scottsdaleaz.gov/cases/ For more
information, contact Project Coordination Manager Kira Wauwie at
kwauwie@ScottsdaleAZ.gov
or (480) 312-7898.
As you were alerted in a previous COGS E-Newsletter, you can still
take the General Plan Survey on line:
You've likely heard about a General Plan Update, but just what is it and why should you care?
The General Plan Update is our collective vision for how we want the community to evolve during the next 10 to 20 years. The General Plan acts as guide for commissions and the City Council. It provides clear direction to the future of our city, just as a map would provide clear direction on how to get from Scottsdale to your desired destination. Arizona State law requires that communities with more than 2,500 residents adopt a General Plan. The Growing Smarter Acts require Arizona cities to update their plan every 10 years. Go online now and fill out a questionnaire - www.ScottsdaleAZ.gov/generalplan/update
Do you live near or work in a company within the Scottsdale AirPark?
Residents are invited to comment on the draft
Greater Airpark Community Area Plan which establishes the vision for the
Greater Scottsdale Airpark. The plan will provide the basis for Greater
Airpark decision making over the next 20 years The public can view the
draft plan and comment at
http://www.scottsdaleaz.gov/planning/areaplans/GreaterAirparkCAP .
Residents and stakeholders can get more information or comment on the
draft plan by going to the Web site, e-mailing
Airparkplan@ScottsdaleAZ.gov .The Planning
Commissioners discussed the plan in a study session (no votes) on
Wednesday, Sept. 30th. The Greater Airpark Community Area Plan contains
goals, policies, and graphics to articulate the vision for the Greater
Airpark and the necessary programs to achieve the vision.
The Downtown Farmers' Market begins October 31st!
From 8:30am-1pm select fresh vegetables and specialty food products from local growers.... Old Town SW corner of Brown and 1st Street (across from the Mission Church)
*******MORE CHANCES FOR YOU TO SIGNUP FOR FREE CLASSES, SHARE YOUR OPINIONS, HELP A NEIGHBOR, AND/OR CLEAN UP YOUR NEIGHBORHOOD*********
Do you know a senior or handicap person who would benefit from this FREE safety program?
Scottsdale is partnering with the Scottsdale Area Association of Realtors to provide emergency access lockboxes to homebound and senior citizens. The association is donating and installing these at the homes of citizens with limited mobility. The boxes allow police and fire to access the home without having to force entry in case of an emergency. The boxes are coded by address, and information is maintained in the Computer Aided Dispatch system. The program is free to Seniors whose annual income is less than $25,000, and a charge of $25 to all others. Scottsdale residents interested in participating in the program can call 1-(877) 229-5042.
Want to dump old computer parts, radios, outdated TVs etc?
Gather your unwanted electronic items for the city's
Electronics Recycling Collection Day on Saturday, Oct. 10.
Scottsdale residents can drop off items between 7:30 a.m. and 2 p.m. at
the city's Corporation Yard, 9191 E. San Salvador Dr. Electronics
make up the bulk of the waste that threatens the environment because of
the potentially dangerous elements contained within them.
Recycling these items prevents them from reaching landfills and creates
less waste and provides usable items to organizations that can recapture
their value. Call (480) 312-5600 for details.
City-wide cleanup is scheduled for Saturday, October 24th. Enjoy a
neighborhood-team project to clean nearby streets, alleys or someone's
front yard who cannot do it themselves:
Scottsdale volunteers are invited to participate in the 14th annual Keep Scottsdale Beautiful Day 2009. Registration is under way for this roadside litter (and neighborhood) clean-up event that takes place from 7 to 11 a.m. Oct. 24. Keep Scottsdale Beautiful Day is sponsored by Keep America Beautiful Incorporated. It annually attracts more than 500 volunteers who join together to clean and beautify more than 100 miles of Scottsdale roadways. For more information, call (480) 312-3111.
Need help to start Fall planting? .
Register now for any of the city's 10 fall
landscape workshops, such as vegetable gardening, wildflowers, or
drip irrigation! These free workshops are held from 6 to
8:30 p.m. at the Via Linda Senior Center, 10440 E. Via Linda. Classes
are held throughout October, but advance registration is needed.
Simply call (480) 312-5690 for all the details and to reserve your spot
in one or more of these popular workshops.
Love Trains? October 11th, Sunday, is a free day for your family!
All aboard - for McCormick-Stillman Railroad Park's
Railfair 2009. Model trains, moon bounces, entertainment and
children's laughter will be plentiful from 10 a.m. to 5 p.m. Saturday,
Oct. 10, and Sunday, Oct. 11, at the park, 7301 E. Indian Bend Road.
Admission to Railfair is free. For details, call (480)
312-2312.
Scottsdale needs YOUR vote:
Scottsdale Arts Festival turns 40 this year, and what better way to wish it happy birthday than with a thumbs up in American Style magazine's annual Top 10 Art Fairs and Festivals Readers' Poll. The Scottsdale Arts Festival has earned a top place on the list every year since the poll began. You can cast your vote for the Scottsdale Arts Festival at www.AmericanStyle.com .
The Scottsdale Arts Festival takes place March 12-14 in 2010. For more information on this great event, visit: http://www.scottsdaleperformingarts.org/arts_festival_geninfo.php THANK YOU FOR VOTING !!
Do you or your grandkids love watching horses?
The Scottsdale Classic Futurity & Quarter Horse Show began Oct. 1st at Scottsdale's WestWorld and runs through next Wednesday, Oct. 7.
There is no cost to attend the show, which
features some of the best American Quarter Horse competitions in the
country. The Scottsdale Classic is expecting more than 8,000 entries
this year. Dozens of events will test the skills of both horse and
rider. New this year will be a special event trail and Western riding
competition. WestWorld is Scottsdale's equestrian and special events
center located at 16601 N. Pima Road. (east side of the loop at 101 and
south of Bell Road) For more information call (602) 919-2971 or
visit
www.thescottsdaleclassic.com .
Are house guests coming soon? Do you need to get local maps,
events calendar and ideas on what to do?
Scottsdale's Downtown Office is hosting an open house
and you're invited. C'mon down from 4 to 6 p.m. Oct. 15 to the
office located at 4248 N. Craftsman Court (south off 5th Avenue and west
of Scottsdale Road). There will be an opportunity to have kids
fingerprinted, meet small business development center representatives
and learn about proper prescription drug destruction. For more
information, call (480) 312-7321. For more information about Downtown
Scottsdale, visit:
http://www.scottsdaledowntown.com .
Do you live near or use the Grayhawk Community Park?
Residents are invited to the dedication of the
Grayhawk Community Park at 10 a.m. Oct. 16. The new park is
located at the corner of Thompson Peak Parkway and Hayden Road. It
features lighted ballfields, restrooms and maintenance buildings,
parking, lighted basketball courts and a playground. The
dedication program will include guest speakers Mayor Jim Lane and Parks
and Recreation Commission Vice Chair Jeanne Alspaugh. The
dedication, held in conjunction with the Senior World Softball
Tournament, is free and open to the public. For more
information, call (480) 312-7275 or visit:
http://www.scottsdaleaz.gov/parks/neighborhood/grayhawkcommunity .
The International Film Festival ends October 6th
at the Camelview Theater 7001 E. Highland Avenue. There are 29 films
from 25 countries. Single shows are $10. Students with ID $8.
For the Coalition of Greater Scottsdale Board of
Directors,
Sonnie Kirtley, Chairperson
Check out our website at www.cogsAZ.net
E-mail us at cogsaz@cox.net if we can help your group or neighborhood in any way.
~ Information You Can Use
Just click on the logos below to go to these websites.
|
Scottsdale
Election News and Information
|
Send our Brave Troops "Something from Home", Click on Links below.
Gathering of Eagles Website was launched 2/9/07. Click on the Logo above for more information on how they are protecting America's Memorials.
~ UPDATE!! A "Must See" for All Americans
Every American should check out all of these websites to learn more about what the American population is about to have to deal with.
This is NOT for Children.
I don't normally allow anything but Scottsdale information in the Scottsdale Activist but after receiving many emails about this and viewing it, I think that it's imperative that every adult at least look at what's offered here if for nothing more than their own education and to have everyone stop and think about the future of our country. Click on the link below,
If you don't have Adobe Flash, install it from the bottom of the page that comes up after you click on the link above. You should be able to view all available links within the main page.
The website below is of great interest as seen from a Lebanese point of view:
http://www.youtube.com/watch?v=-8fa9yKQeTY
The website below gives some history of Terrorist attacks:
http://patriotfiles.org/civilizationcalls.htm
This website tell you what REALLY happened:
http://www.terrorismawareness.org/what-really-happened
~ View Past City Council Meetings
We can now access the city council meetings by clicking on the following link:
http://scottsdale.granicus.com/ViewPublisher.php?view_id=3If you have any problems, check your firewall and other safety features which could block access to the city site.
~Continuing Light Rail Information
The Scottsdale Citizens Transportation Study
Committee invites you to view their website for more questions
and answers at
www.norailforscottsdale.com .
================================================================
Simply click on the links below to get all the information you'll ever need concerning Light Rail.
If you have any questions about light rail, send them to editor@scottsdaleactivist.com and we'll get the answers to you as soon as we can.
~ Find Great Gas Prices
Hello All,
This seems to work well. Click on the link below to Check it out. Helpful hint! Just plug in your zip code and it tells you which gas stations have the cheapest prices (and the highest) on gas in your zip code area. It's updated every evening.
Be a good neighbor and pass this along.
The Scottsdale Activist is published, and edited in Scottsdale AZ ~ 480-326-2475