Canadian Review on Rio Verde Horse Properties

January 19, 2012

Here is a well written article from Western Horse Review depicting our beautiful Rio Verde area and horse properties. Ingrid Schultz is the the writer and owns a home here in Rio Verde Foothills. We looked at over 40 properties in 2009 before they found just the right horse property for them.

This is a new blog about Arizona real estate and you can “like” them on Facebook.

http://www.westernhorsereview.com/category/blogs/arizona-blog/

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Rural/Metro Does 180 Over Former Objections to Fire Districts

BY LINDA BENTLEY | JANUARY 11, 2012
‘This board can raise your property taxes for fire service as much as 8 percent a year without any vote.’

RIO VERDE – A Sahuarita resident, who asked not to be identified, contacted Sonoran News after reading the Jan. 4 front page article: “Rural/Metro pushes to form Rio Verde Fire District” and said, “Rural/Metro seems to have done a 180 on its take of fire districts” and told about Rural/Metro Fire Department’s (RMFD) campaign to keep residents in northern Sahaurita, a town in Pima County about 15 miles south of Tucson, from annexing into the Green Valley Fire District (GVFD) since April 2009.

It was a turf war of major proportions and RMFD campaigned heavily to block the annexation and contested the petition signatures.

When it became clear there were sufficient signatures to annex into the GVFD, RMFD contested the format of the petitions on technicalities, such as font size.

The Pima County Board of Supervisors, with Chairman Ramon Valadez recusing himself because he works for RMFD, deadlocked 2-2, effectively denying the annexation.

One of the flyers RMFD sent out during its hard fought campaign against the annexation of its customers into GVFD said, “If it’s not broken, why fix it? Say ‘NO’ to new property taxes!”
The flyer contained an illustration of big hand, labeled “Green Valley Fire District” holding a citizen upside down shaking the money out of his pockets.

The flyer’s opening paragraph read, “The ongoing (and unexpectedly costly) attempt by GVFD to annex Northern Sahuarita continues. The most recent event? Apparently the signature collection efforts have stalled, so the GVFD Board of Directors authorized hiring professional petition passers with taxpayer money. Yes, really.”

It appears RMFD has decided the same tactics it found offensive down south are perfectly appropriate for the Rio Verde Foothills. However, RMFD is not using taxpayer money. Well, not yet anyway. It did build that reimbursement into its first year budget if the paid signature gatherers can pull it off.

As we mentioned in the Jan. 4 article, RMFD enlisted the services of Andrew Chavez’s Black Top Strategies, LLC, registered with the Arizona Corporation Commission (ACC) as Black Top Solutions, LLC, to collect signatures.

Although Chavez claims his attorney corrected the name of his company with the ACC to Black Top Strategies, to match the name used on his website, three weeks ago – now four weeks, no changes or pending applications can be found by the ACC.

Additionally, Chavez and his other company, AZ Petition Partners, LLC, are defendants in a civil racketeering complaint filed by the Kenton County Attorney in Kentucky for fraudulently signing names on petitions unbeknownst to the persons whose names were used.

Meanwhile, Sonoran News has received phone calls and e-mails from a number of Rio Verde residents, asking how they can withdraw their names from the petitions and offering opinions both for and against the formation of the district.

One claimed the proposed fire station will reduce response times to approximately 10 minutes, the annual cost per household will be less than what subscribers are currently paying RMFD and homeowners insurance rates will decrease.

The key word here is homeowners.

What about the vacant land owners?

They’re the ones who will be subsidizing the reduced rates for homeowners since taxes are always based on valuation.

It wasn’t that long ago that Rio Verde Foothills residents were annexed into the Cave Creek Unified School District, which vastly increased property taxes.

Looking at a 150-acre parcel within the boundaries of the proposed fire district, property taxes have skyrocketed from $7,651 in 2003 to $23,861 in 2011, most of which can be attributed to annexation into the school district, despite the fact vacant parcels do not send children to school.

That same parcel, which had a Full Cash Value of $2,950,000 in 2011 and an assessed valuation of $472,000 (vacant land is assessed at 16 percent), would have an estimated increase of $7,552 (based on $1.61 per $100 valuation) in tax liability to pay for the fire district, despite the fact the property contains no structures and has no people to call for emergency medical services.

In fact, the property owners live out of state.

Another long-time Rio Verde property owner said it made far more sense to him to form a water district before forming a fire district.

That’s another special taxing district that been tried and failed in the area more than once.
RMFD’s flyer campaigning against the GVFD in Sahuarita highlighted what it said were the “Top 10 false statements made by GVFD,” including:

“Property taxes will go down if you sign with GVFD.”

RMFD claimed “the real truth” was: “Your property taxes will increase! If annexed, you will have to pay on average $200-$400 or more depending on your home’s assessed valuation.”

“You have a voice with a government elected board.”

RMFD claimed “the real truth” was: “This board can raise your property taxes for fire service as much as 8 percent a year without any vote.”

Last but not least, RMFD said, “Make sure you know the truth. If you feel you’ve been misled and want to withdraw your signature, please call …”

RMFD’s tactics in Sahuarita may have backfired.

Dan Shearer, editor of The Sahuarita Sun, in an August 16, 2011 editorial, wrote, “It looks like the 35 percent of northern Sahuarita residents who don’t get Rural/Metro Fire coverage are going to have some company. Plenty of it.”

He said comments posted on their website indicated frustrated residents simply would not renew their subscriptions to RMFD.

Addressing the GVFD annexation in November 2010, Shearer wrote, “As with many political campaigns, truth often is the first casualty. There’s a lot at stake, and most people are quick to believe whatever they’re told … This issue is important; research the facts and ask a lot of questions.”

Sonoran News spoke to Rebecca Rees, management analyst, special tax districts, at the Office of the Clerk of the Board of Supervisors, who said she too has received calls and e-mails from Rio Verde residents asking how to withdraw their names from the petitions. In fact, she received one such e-mail while we were on the phone.

She pointed us to A.R.S. §19-113, which states:

A. A person who has signed a petition prescribed by statute for any candidate nomination, initiative, referendum or formation or modification of a county, municipality or district may withdraw the person’s signature from the petition not later than 5:00 p.m. on the date the petition containing the person’s signature is actually filed. A person who has signed a recall petition may withdraw the person’s signature from the petition not later than 5:00 p.m. on the date the petition containing the person’s signature is actually submitted for verification pursuant to section 19-203.

B. To withdraw a petition signature, a person may do any of the following:
1. Verify the withdrawal by signing a simple statement of intent to withdraw at the office
of the receiving officer.
2. Mail a signed, notarized statement of intent to withdraw to the receiving officer.
3. Draw a line through the signature and printed name on the petition.

C. A signature withdrawn pursuant to subsection B of this section and received by the receiving officer within the time provided for in subsection A of this section shall not be counted in determining the legal sufficiency of the petition.

D. A person who knowingly gives or receives money or any other thing of value for signing a statement of signature withdrawal pursuant to subsection B of this section is guilty of a class 1 misdemeanor.

The withdrawal statement, referencing the Rio Verde Foothills County Island Fire District, may be made in person or via a notarized statement mailed to:
Office of the Clerk of the Board of Supervisors
301 W. Jefferson, 10th Floor
Phoenix, AZ 85003

Another Rio Verde resident asked how signatures were verified since property owners aren’t necessarily registered voters.

According to Rees, all the signatures are verified against the signed property deeds at the county assessor’s office.

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Rural Metro Pushes to Form Rio Verde Fire District

BY LINDA BENTLEY | JANUARY 4, 2012
Rural/Metro pushes to form Rio Verde Fire District

RIO VERDE – Signatures are currently being collected to form the Rio Verde Foothills County Island Fire District (RVFCIFD), otherwise known as a special taxing district.

Rural/Metro Fire is at the helm and is footing the bill to collect enough signatures to get it through this time.

It’s been tried before and failed back in 2005 when assessed property valuation within the proposed area totaled just less than $60 million.

The Impact Statement for the RVFCIFD filed in 2005 estimated a tax rate of $2.50 per $100 of valuation and used a $300,000 house with an assessed value of $30,000 for its example, reflecting an increased tax liability of $750.

It’s not clear, however, what the district’s boundaries were in 2005.

The current proposal is bounded by the city limits of Scottsdale on the west (approximately 136th Street), by the town of Fountain Hills on the south, the Fort McDowell Mohave-Apache Native Community on the east and by the Tonto National Forest on the north and east, excluding any portion lying in the existing Rio Verde Fire District.

It contains approximately 32,626 acres, including the 21,099-acre McDowell Mountain Regional Park, and encompasses 3,896 parcels of land.

Because McDowell Mountain Regional Park, comprising almost two-thirds of the district, is owned by Maricopa County, it is tax exempt and therefore is not included in the $95.3 million of assessed property valuation and will contribute no funding to the district.

The 2011 Impact Statement uses a home valued at $226,600 for an example of the typical residence in the area, which, with a tax rate of $1.61 would result in an increased tax liability of $365.

The budget for the first year is $1,875,750.

While Rural/Metro estimates $1.6 million will cover the cost of services, the budget includes an additional $275,750 for “administrative, general governance and one-time district formation expenses.”

Since Rural/Metro has engaged the services of Black Top Strategies, LLC to collect signatures, taxpayers will be reimbursing Rural/Metro for the costs of ensuring they become part of a special taxing district.

According to Rural/Metro Chief Dan Caudle, the plan is for Rural/Metro to purchase a home within the most heavily populated area of the district. That would provide housing for firefighters and access to water. A metal building could then be erected on the property to house the firefighting vehicles and equipment.

Although they have a year from Nov. 30, 2011 to collect 1,559 signatures, (more than one half of the aggregate number of property owners in the county island area contained in the proposed district, as required by statute) Caudle said they are hoping to collect the requisite number of signatures by mid January to make the deadline to levy taxes this year.

According to fire district proponents, Rio Verde Foothills residents were advised last August that the Rio Verde Fire District, which services the community of Rio Verde to the east of the proposed district, would no longer respond to calls for fire and emergency medical services in the foothills area, as it is out of their designated district.

As a result, the closest fire station would be over 20 miles away, causing a “dramatic increase in response times for services such as house fires, wildfires, emergency medical incidents, hazardous materials incidents, desert pest removal, floods and other rescues.”

There’s no water, for the most part, in the Rio Verde area and there are no fire hydrants.

Rural/Metro would need to obtain a water truck in addition to all the other equipment.
Unlike the upcoming Cave Creek ballot measure to impose a property tax for contracted services with Rural/Metro, the RVFCIFD forms a special taxing district directly through signing the petition. There is no election. Once the requisite number of signatures is collected, the taxing district is formed.

Although Rural/Metro says it contracted with Black Top Strategies, LLC, there is no such company registered with the Arizona Corporation Commission (ACC).

However, there is a company named Black Top Solutions, LLC, which is apparently the company’s registered name, while using the name Black Top Strategies for its website.

Black Top owner Andrew Chavez claims his attorney corrected the name discrepancy three weeks ago with the ACC and has changed its corporate identity to match its website name.

Chavez also owns AZ Petition Partners, accused in 2008 of being responsible for getting a record number of citizen initiatives booted off the ballot due to fraud.

Petition Partners used subcontractors who allegedly falsified petitions, lied to voters about what they were signing and collected voter registration cards that were never turned in.
It resulted in tens of thousands of signatures being thrown out.

In October 2011, Petition Partners and Chavez were sued in federal court in District of Kentucky under the Racketeering Act of 1962 (RICO) by Kenton County Attorney Garry Edmondson.

Edmondson is accusing Chavez, his company and subcontractors of forging names on petitions and mail fraud.

According to 18 USC § 1961(5), a pattern of racketeering activity requires at least two acts of racketeering activity, including acts relating to fraud in connection with identification documents and mail fraud.

And, a voter registration form is considered an identification document.

According to the complaint, “Under Kentucky law, a person is guilty of forgery in the second degree, a felony, when, with intent to defraud or deceive another, he falsely makes, completes or alters a written instrument which is, when completed, a public record or an instrument filed or authorized by law to be filed in or with a public office or public employee.”

The complaint includes affidavits from two local doctors who assert they did not sign the petitions and the addresses used were their business addresses rather than their residential addresses.

According to Chavez, anyone can be sued and in the 15 years he’s been in business and completed 400 projects across the country in 16 states, collecting more than 5 million signatures, this is the only time he’s ever been sued. It was also the first time he had ever worked in Kentucky.

Caudle said Chavez was highly recommended by lobbyists and legislators as the “got-to” guy to get the job done. However, he also said had he known Chavez was being sued in a civil racketeering case he never would have contracted with him.

If more than 50 percent of Rio Verde Foothills residents decide to form this special taxing district, opponents are questioning what could come next – a water district, a road improvement district, a street light district – the taxing possibilities are endless.

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