It Was Business As Usual In The Naked Pueblo.
By Emil Franzi
THE FIX HAS been with us for years, and this is the annual
review of recent major examples. The author of the defining remark
is former City Magistrate Reuben Emanuel. He's originally from
Philadelphia, where the fix is a way of life.
Some would think the ASU basketball scandal is a good fix. Wrong--a
good fix is never illegal, just sleazy. Tammany Hall leader George
Washington Plunkitt, a great American, once observed that government
was like a big apple orchard, but one of the trees was marked
"penal code." He could never understand why so many
people wanted the apples from that tree when there were so many
others.
The following are the best examples of those who understood that
principle: the best fixes of 1997.
SI SCHORR AND FOREST CITY DEVELOPMENT FIX THE ATTORNEY GENERAL
FOREST CITY DEVELOPMENT, an Ohio-based company, owns 309
acres on which it plans to develop a massive retail complex. But
those plans won't fly unless there are plenty of consumers nearby
to run up their plastic at the strip malls, so Forest City has
also been working since the mid-'80s with the state Land Department
to develop a massive residential development on 1,200 acres on
state land that currently happens to be in the newly formed Town
of Tortolita.
Of course, many Tortolita residents favor controlled growth,
rather than the unrestrained variety generally plaguing Pima County.
And therein lies a fix story:
Seems you can begin planning on land the taxpayer owns even before
it's publicly auctioned. Obviously, Forest City doesn't want Tortolita--where
most citizens hate tract development and the blade 'n' grade ethic--to
exist, so the company sued, alleging a number of reasons why Tortolita's
incorporation should be deemed illegal. Citing Tortolita's "rural
nature," the suit argued it's not a "real community";
and, perhaps most ludicrous of all, the suit pointed to the Tortolitans'
negative attitudes toward such things as the massive rape Forest
City is planning for that state land as a reason for denying them
town status.
When the Pima County Board of Supervisors incorporated Tortolita,
Forest City lost standing to sue. So the company approached the
Attorney General and Forest City's virtual development partner,
the state Land Department, and got them to adopt their lawsuit.
The Attorney General accepted on face value the allegations made
by Schorr and other development lawyers against Tortolita.
The AG's Office even filed to enjoin Tortolita from defending
itself. The state attorneys argued residents would face irreparable
harm based on the costs of the defense for their own lawsuit that
could ultimately be born by Tortolita's property owners. That's
a 10 for chutzpah!
The AG's Office then proceeded to reverse itself on the issue
of the constitutionality of the 1997 statute allowing Tortolita's
incorporation. Until then, the AG had defended that statute, but
suddenly agreed the state Appellate Court was correct in striking
it down. Strange behavior? Nah--the fix was in. The developers
don't want the town, and, it seems, out-of-town property owners
take precedence over mere citizens and residents.
Judge Michael Brown concurred, ruling against Tortolita.
BALL TEAM OWNER FIXES PIMA COUNTY TO SUBSIDIZE TEAM
WE ALREADY AWARDED Jerry Coangelo and the major league
boys a fix award for getting taxpayers to build them a stadium
from which Pima County will, if lucky, not lose any money. Never
mind that the county's already lost the revenue from hotel rooms,
rental cars, and RV parks that could've been used for something
else; we've got plenty of revenue to burn around here. And besides,
the public will get the use of the stadium for about 10 months
out of the year and make some money off of concerts and stuff.
Ooooops. New fix. Now we've rolled over for minor league baseball
by assigning most of the rest of the year to the new Tucson Sidewinders,
the team that replaced the Toros and became the AAA farm club
for Coangelo's Diamondbacks.
So the public's stadium won't be quite so public, and the terms
of the agreement clearly favor the Sidewinders' franchise owner,
Martin Stone. Pima County won't make much of anything until attendance
reaches some ridiculous number the old Toros prayed for. Note
that the county's cut is based on attendance figures, and not
gross sales or profits.
County Administrator Chuck Huckelberry was negotiating for a
real deal for taxpayers when team owner Stone pulled out three
votes from the supervisors, whom he'd been working separately,
and got his own deal. The taxpayers now hold another big empty
bag. The three suckers were supervisors Mike Boyd, Ray Carroll
and Raul Grijalva.
Boyd is easy to fix with anything that's wrapped in "economic
development," and Carroll plainly hasn't figured it all out
yet. But Grijalva usually doesn't take this big and obvious a
dive for rich white people.
VISTOSO PARTNERS FIXES ORO VALLEY TO RETAIN RENT-A-COW
WHILE THE ATTORNEY General is suing Tortolita and claiming
the town is rural and agricultural in nature (never mind that
there are no agricultural uses within its borders), next door
in Oro Valley the developer Vistoso Partners is using an old tax
dodge called "rent-a-cow." That scheme involves running
cattle on empty land zoned for thousands of homes and commercial
uses. This abuse by itself is one of the grandest fixes in the
history of the state.
After members of the Oro Valley Neighborhood Coalition filed
a complaint with the town because cattle were damaging what's
left of one of the county's precious few riparian areas, Honey
Bee Canyon, Oro Valley Planning Director Don Chatfield actually
proposed that the town end this scam. He reasoned there's no provision
in the town code for such a usage.
But the developers argued that because the land had been used
for grazing in the past, they were entitled to continue, although
they agreed to move the cows out of the Honey Bee area.
Oro Valley rolled over and allowed Vistoso to continue the tax
dodge, meaning the company will continue to pay less than a thousand
dollars a year for the entire 2,700 acres on which it should be
paying well over $1 million annually. And you can bet the rest
of us taxpaying peasants will cough up for the infrastructure
this development requires.
They didn't have to give in so easily, but the spineless Growth
Lobby toadies who run Oro Valley took a dive in the second round.
Great fix.
DON DIAMOND FIXES THE BOUNDARIES OF CASAS ADOBES
LEGENDARY LAND SPECULATOR Don Diamond always makes the
list. This year, he sat with the leadership of the Committee to
Incorporate Casas Adobes and approved their final proposed boundary
lines.
What was Diamond's motivation in supporting the law that made
new incorporations possible?
One guess was it would put further impetus on Tucson Mayor George
Miller and the City Council majority to annex Diamond's massive,
far-southeast side development site, the Rocking K Ranch. (Better
hurry up and cover our infrastructure costs, before we form our
own community!)
Another obvious guess concerns all that land Diamond owns at
River Road and La Cholla Boulevard, which Pima County rezoned
for him in 1996. He chose to keep that parcel out of Casas Adobes,
leaving him the opportunity to start a bidding war with growth-happy
competing city jurisdictions for the best annexation deal.
Some people are known as the "fathers" of their various
communities. Casas Adobes' daddy is Don Diamond.
SI SCHORR AND FOREST CITY FIX MARANA ANNEXATION
WOW, THIS CLEVELAND company has scored two nominations
in one year.
Forest City Development owns 300 acres already rezoned for either
a shopping center, lots of houses, or both, at Tangerine and Thornydale
roads. The thought of that parcel going into the Town of Tortolita
where, unlike the Town of Marana, there could possibly be a restriction
or two was more than the Forest City cementheads could stand,
so they asked their friends on the Marana Town Council to grab
it and another 900 acres before Tortolita's incorporation was
complete.
But when several families who live in the proposed annexation
area protested the move, the Marana Council told them it would
put the matter on hold. They lied. So 24 hours before the next
town meeting, Forest City slipped the item back onto the Council's
consent agenda, and the Council passed it unanimously.
Since then, Marana citizens have secured enough signatures for
a referendum in the next election, proving there are some folks
living in Dogpatch who grasp the need for better government. And
Tortolita's in court questioning the legality of the annexation.
All of which goes to show that fixing the Marana Council isn't
difficult; in fact, it's even easier than Oro Valley. These rubes
have been known to fix themselves sometimes without even being
told. They're sleazy 'n' easy.
U.S. FOREST SERVICE FIXES REMOVAL OF TUCSON ROD AND GUN CLUB
THE U.S. FOREST Service needs more tourist parking for
Sabino Canyon and developers want to build ticky-tacky stucco
boxes in the area. Unfortunately, there's a shooting range in
the way: the Tucson Rod and Gun Club, which has been there on
leased land since 1953.
Forest Service officials needed an excuse to evict the club,
so they raised the bogus issue of the safety of the range.
While no serious accidents have occurred at the shooting range
in its 43 years of operation, club leaders wanted to make certain
safety and sound improvements. The Forest Service denied them
permission to make those improvements, then announced the safety
issue would be paramount in the decision about whether to leave
the club open. If that weren't B.S. enough, the Forest Service
then hired a fraudulent expert on a no-bid contract to write a
phony report about the safety dangers posed by the range.
But the Forest Service bigshots were inept and they got caught,
and their phony expert--an unqualified high school drop-out with
no credentials in ballistics--was exposed.
The matter has gone to court, with scarcely a peep from the establishment
media about the Forest Service's lies and subterfuge. The daily
news media still falsely report that the range was closed for
"safety reasons," citing the shabby and doctored report.
The issue remains unresolved, and is winding its way through the
Forest Service bureaucracy, and, ultimately, the courts.
And now many Arizonans have learned that Smokey is a lying sonofabitch.
AMPHITHEATER SCHOOL BOARD CONTINUES FIX ON NEW HIGH SCHOOL SITE
SOMEHOW--OFFICIAL MEMORIES are conveniently foggy--local
real estate broker Bill Arnold was appointed the exclusive agent
for Amphi School District real estate deals. It probably helped
that his good friend Vicki Cox-Golder was chairwoman of the Amphi
School Board at the time. (Arnold chaired Cox-Golder's disastrous
1996 Pima County supervisorial campaign/debacle). Arnold scored
a big commission on the now infamous 73-acre site that's tied
up because it's located in the heart of the endangered pygmy owl's
critical habitat.
Amphi bought the land for the school site without an appraisal;
didn't get an environmental assessment, even though the land has
three washes running through it; and paid more per acre than comparable
sales of nearby parcels. But that has failed to move Arnold and
the corrupt dolts on the Amphi School Board and their collection
of assorted stooges into any form of repentance. They're still
trying to justify what was clearly a bad move, even in the face
of a conflict-of-interest suit filed by Amphi property owner and
former County Supervisor David Yetman. And they've tried to convert
their mistake into to an argument about "owls vs. kids,"
instead of what it really is: "taxpayers and parents vs.
sleaze."
For despicably hiding behind children ala Saddam Hussein, this
one's worth a 12 on the barf-o-meter.
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