MAYOR ED FOSTER - GOOD WILL AMBASSADOR FOR QUARTZSITE!

By David Rookhuyzen
Cronkite News

http://cronkitenewsonline.com/2010/11/with-recession-officially-over-quartzsites-vendors-ready-for-snowbirds/ 

QUARTZSITE – Every winter, vendors descend on this remote patch of western Arizona desert. Right behind is a flock of RVs filled with retirees looking for a warm winter and good deals.
For the past few years the selling and buying has been a little subdued because of the down economy. But Mayor Ed Foster said this year, with the Great Recession officially over, the town is seeing a reversal.
“All the early indicators are that we are ahead this season,” Foster said.
Roughly 400,000 winter visitors come to camp around Quartzite, and around a million will pass through to shop at its dozen swap meets, Foster said. By February, RVs will cover the desert for 10 miles in every direction – filled with customers for what’s billed as the world’s largest swap meet. So far this fall, street traffic, vendor and visitor permits and event attendance have been high – all positive signs for the winter to come, Foster said.
First-time vendor Jean Allen said she’s optimistic that snowbirds will flock here in even larger numbers this year, buying her booths art, decorative boxes and homemade hula hoops.
“It makes me nervous; I have no idea what to expect with the economy,” Allen said, “But we were going to come anyway.”
Before making the trip, Allen said she received advice saying that having a variety of products and the right pricing are key to good business at the swap meets.
Larry Muhlhauser, a vendor who has come to sell his wares every winter for a decade, said he expects a good season, but mainly from knowing what to provide cash-strapped customers rather than a rebounding economy.
Muhlhauser once sold gold but dropped it and gravitated toward lower-dollar items such as key chains and earrings because that’s where the market shifted.
“We have to reinvent ourselves as vendors and try to meet what they can afford,” he said.
Since the majority of his customers are retired vacationers, Muhlhauser said expensive and big-ticket items no longer sell. In past years, he said, vendors tried to sell imported stained glass and jukeboxes but had little success with people living out of their RVs, he said.
Muhlhauser said vendors will be fine even if this year’s crowd isn’t as large as hoped.
“It’s kind of a hit and miss – a dance,” he said, “You know, if you miss it this year, you look forward to next year.”
CRONKITE NEWS video - click here!

Third retribution arrest in 5 days? What are they thinking?

Clearly, they are not.

Saturday morning as he paid for his propane at RV Pit Stop the husband of Council Candidate and Quartzsite vendor Jennifer Jones, was also arrested for false reporting to law enforcement over the Al Johnson Assault.

Now here's a funny thought...The Jones' did call 911, and they did speak with QPD Officers Norris and Schultz, but they never signed a statement! Neither did the three witnesses. 

So what exactly did they report falsely? Who investigated the allegations? What evidence will be entered against them? Or was this simply an attempt by Police Chief Jeff Gilbert to get fingerprints and run a background check on an opposition candidate?

If so, then he must have been awfully disappointed to find that  the Jones' had nothing in their background that could be used against them in the upcoming campaign. 

And what ever happened to Al Johnson? He wasn't at Tuesday night's meeting.  

The arrests of Jennifer and John Jones were clearly illegal. State law for arrests for misdemeanor offenses do not provide for warrantless arrest unless a crime is witnessed "in progress" or  unless related to a traffic violation.

13-3812. Examination of complainant; issuance of summons or warrant of arrest

13-3854. Arrest without a warrant

13-3853. Arrest prior to requisition

13-3903 Notice to appear and complaint 

 

Quartzsite Vendors Under Attack!

Well, you had to see this coming...after the last minute "work session" when Mayor Foster was out of town, the new punitive proposals for this seasons incoming vendors was placed on tonight's agenda. Be there at 7:00 pm and see for yourselves what your Town Council thinks about "due process" and the Constitutional  "rights of the accused".

Also on tonight's agenda, a proposal to hijack the Mayor's lawful control of the meeting and give the invocation to a rotating list of local clergy. Like it or not, the law on this is clear and any request for "divine guidance" must be non denominational to the point that a "Christian" prayer which mentions "Jesus" is over the line. A brief moment of silence is acceptable, so here's a novel suggestion to our self serving officials, don't break the law on this one folks!

Our Police Chief has placed an item on tonight's agenda to put you in prison for 4 months, if you feed the wildlife. I wonder how he intends to collect the evidence required for a conviction...an image of Jeff crawling around the desert with a plastic baggie picking up coyote and hawk droppings for forensic analysis of "people food" does bring a smile to my face though. Way to earn that huge salary Jeff! By the way you overpaid moron, we already have a state law that says this is a "petty offense".
http://azleg.gov/ars/13/02927.htm

And topping my list for exposing the Town to another lawsuit is a proposal for your council to usurp the Mayor's authority and remove their critics from future meetings. The arrogance of this is beyond comprehension as the law is not only very clear, but the recent "training session" reinforced the rights of the citizen to protected "political speech" at  the meeting from which no citizen may legally be barred from attending. Even "disorderly conduct" under this limited forum may not exceed a $20 fine, according to "Decorum of Council Meetings" on the website for the League of Arizona Cities and Towns. I hope everyone is paying attention to the law - just bring $20 to the meetings in case you have to post your bond! See you tonight!

http://www.azleague.org/newsletr/connect/2007/0607/index.cfm?a=legal_corner

Decorum of Council Meetings


Each month, Jeri Kishiyama Auther, League staff attorney, will answer different legal questions that she receives from cities and towns. These questions are for general information only. If you, as a city or town elected official and employee, have a specific legal question, always check with your city or town attorney.

A frequent question from council members has to do with decorum and control of council meetings. Council members inquire about proper conduct at meetings, and whether the Council may sanction another Council member if a Council member disobeys parliamentary procedure or becomes disorderly during a meeting.

Surprisingly, an Arizona statute addresses this particular issue. A.R.S. § 9-234, originally adopted in 1901, states:

A. The common council shall judge the elections, qualifications and returns of its members. It may prescribe rules for the government of its proceedings, may punish any member or other person for disorderly conduct at any meeting of the council by a fine not exceeding twenty dollars, and by imprisonment until the payment of the fine, and with the concurrence of four councilmen may expel any member, but not a second time for the same cause. Emphasis added.

The foregoing statute allows a number of things, including adopting rules of procedure, punishing not only a Councilperson, but any "disorderly" person, by assessing a fine and imprisonment, or expulsion of the Councilperson from the meeting.

Some cities and towns have adopted ordinances for rules of procedure for public meetings. Examples include:

• No Council member may interrupt another Council member, except to make a point of order or of personal privilege. If the Council member continues to "break the rules" the presiding officer may call the Council member to order, at which time the Council member shall cease speaking, but may "appeal" the presiding officer's decision immediately to the entire Council. If the appeal is denied, the Council member shall remain silent. Further, the Council member is subject to censure "or other punishment as the Council, by a three-quarters vote, deems just and proper under the law." City of Phoenix Municipal Code, Sec. 2-60, Rule 6.

• The Mayor or Mayor Pro Tempore "shall preserve order and decorum, decide all questions of order and conduct the proceedings of the meetings … ." City of Scottsdale Municipal Code, Sec. 2-37.

• The Mayor shall preserve strict order and decorum at the meetings and may appoint a sergeant-at-arms at the Council meetings, whose responsibility is to carry out all orders and instructions given by the mayor for the purpose of maintaining order and decorum. The sergeant-at-arms has the authority to remove any person (including a Council member) who violates the order and decorum of the meeting. If a member of the public makes "personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the council, or who interferes with the order of business before the council, and who fails upon request of the mayor to cease the activity, shall be barred from further audience before the council for the remainder of that meeting unless permission to continue is granted by majority vote of the council." Official Code of the Town of Marana, Sec. 2- 4-3 and Sec. 2-4-7.

• The Mayor may assess a fine of not more than $25.001 upon any Council member for disorderly conduct at a Council meeting upon a concurring vote of three Council members, and the Council member may be imprisoned until payment of the fine. Additionally, any Council member may be expelled for any cause determined sufficient by the Council upon a vote of five Council members and the judgment of the Council as to the causes for fine or expulsion shall be conclusive (nonappealable). Official Code of the City of Mesa, Sec. 1-5-5

These examples range from "preserving decorum," to censure, to fines and imprisonment of both Council members and members of the public. Some municipalities allow appeals of the punishment, or punishment only upon vote of the Council, and in some ordinances, super majority votes. Short of adopting an ordinance, a Council could also choose to initiate a set of rules or Council procedures that would be agreed to by all members.

Common Council municipalities, which are the smaller municipalities, have A.R.S. § 9-234 as an available tool to preserve decorum of Council meetings without any implementing ordinance. Arizona case law does not exist regarding this particular clause of the statute. If your Council is unsure of how to exercise this statute, please consult your City or Town Attorney.

A.R.S. § 9-234 limits the fine to $20.00.



League of Arizona Cities and Towns

1820 W. Washington St.

Phoenix, AZ 85007

Phone: 602-258-5786

Fax: 602-253-3874

http://www.azleague.org

Town Hall meetings recap - a whirlwind week!

Well, where to begin? Chronologically, I suppose.

Tuesday afternoon there was a work session to discuss paying for yet another study of the Town's water and sewer rates. The most important thing you need to know is that Town mismanager Alex Taft did  not draw up a specific proposal for what exactly what was to be studied and put it out to an open bid. So what you had was the representative from economists.com with an impressive powerpoint presentation and bid of $23,000, and the shady Town Engineer PBS & J with a bid of $71,000. After a vigorous round of questions by the public, and Mayor Foster's stated desire for a flat rate usage billing system, the work session ended with a promise that it would someday come to pass! Later that evening, at the regular meeting, the council voted to go with the rate study by economists.com (the group that created the convoluted mess we are currently paying for). Best quote of the work session goes to Vice Mayor Barbara Cowell who said "I'm not that smart - you'll have to spell it out!" Second place goes to the rep from ecomists.com, with talking points like "financial disincentive", "rates accomplish more than just raising revenues", and "it is important to review this data in light of your very aggressive hook up plan". He also confirmed that when they did the $25,000 study in 2009, the Town was "insolvent" and borrowing money from HURF and the General Fund.


Also at Tuesday evening's regular meeting, everything on the agenda passed. Jennifer "Jade" Jones was the first to enter the political fray and announced that she would run for Town Council, but did not state which recall candidate she would take on in the upcoming election. Jones also announced the tentative December debut of her "free community newspaper" (rumor has it that Mayor Foster may have licensed The Quartzsite Mineshaft" to her) Advertisers wishing to get in on the deep discounts available for the premier winter season should stop by her grooming salon located this year at  J & S Covers on Hwy 95.


Thursday was a very busy day with a special meeting, a work session and training from the League of Arizona Cities and Towns.


The special meeting saw the appointment of Doug Ross to the Planning and Zoning Committee. Barbara Bowman's appointment to the Municipal Property Corporation will complete the term of Nella Shaw. In what seemed like an intentional oversight by the Town mismanager, all members of the Council except the Mayor were on the agenda to approve themselves and Alex Taft as "account/check signers for the new Horizon community Bank accounts". An oversight Taft wisely chose to rectify.

The work session had Quartzsite's vendors squarely in the cross hairs of Taft and the (trained at Town's expense) "Building Official" Al Johnson. Talk of changing the business license code, proposals for new County health regulations for mobile kitchens, reducing the vendor permit to 180 days, new ideas for revocation of permits, and other nightmare scenarios are not yet a done deal and changes will NOT affect the current season. However, vendors who want to return next year should attend the next meeting on this topic, the date of which is yet to be announced.


The League of Cities and Towns came to the aide of Mayor Foster and put his critics in their place last night! By the end of the "training", Vice Mayor Cowell's voice was quivering as if on the verge of tears! Police Chief Jeff Gilbert was warned that he had no authority to control the meeting unless ordered to do so by Mayor Foster, and that if he asserted himself in such a manner it could result in a lawsuit. (The warning was overdue, because it already has!). Town Attorney Pamela Walsma was instructed that she works for us, the citizens, through our Mayor and Council. A reality that had apparently not occurred to her as she is dangerously unfamiliar with this legal specialty. At every turn, it seemed as if our Mayor had been correct all along.