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Russell Gates, The Phoenix Gazette <br />A Paradise Valley police officer displays the photo-radar machine, set up in a four-wheel drive truck. <br />~ " <br />< <br />lfltJ (; Yl i }( <br />U?tit.effl- <br />New points to be made in Paradise Valley photo .. radar case <br />By larry Samson <br />The Phoenix Gazette <br />PARADISE VALLEY -A <br />longtime opponent of the town's <br />photo-radar system is expected to <br />take a strengthened case through <br />the appeal process. <br />Although he lost a case Tues- <br />day before Town Magistrate Don- <br />ald Harris, Stephen Clark raised <br />two new issues he hadn't been <br />able to use in his earlier appeal of <br />two mid-1988 speeding citations. <br />Harris found Clark "responsi- <br />ble" for both speeding violations, <br />but suspended the $60 fines for <br />each offense, pending Clark's <br />appeal. . :·" ' <br />The fir-st of Clark's ·new points. <br />:was that the photo-radar system <br />is "an abuse of the 'process" <br />because it summons the owner of <br />the allegedly speeding vehicle, <br />rather than the accused speeder, <br />into court. Unlike parking of- <br />' fenses wherein the vehicle is <br />deemed the violator and its <br />owner responsible, Clark argued, <br />the state and federal constitu- <br />tions require traffic summonses <br />to cite the alleged violator. <br />Clark also charged that the <br />system violates both constitu- <br />tions' guarantee of due process. <br />After the trial, Clark said he <br />would appeal the decision to <br />Superior Court. <br />"The (state) Supreme Court <br />has given life to the Paradise <br />Valley way of issuing the (photo- <br />radar traffic) citation," Hat-ris <br />said, but it's "an interesting <br />situation I would like to see <br />clarified" by the state's highest <br />court. During a recess, Harris <br />said he had "some philosophical <br />problems" with the system. <br />Under the .. photo-radar pro· <br />gram, which was started in <br />August 1987, the owners of cars <br />identified as speeders by· a com- <br />puter and photographed by a <br />computer-operated camera are <br />mailed citations. The owners are <br />required to appear in court and <br />identify the driver of the car at · <br />the time the photo was taken. <br />Some defendants have charged <br />that the system violates due <br />process by failing to notify the <br />driver in a timely fashion, mak- <br />ing it hard for the driver to <br />remember the incident. Requir- <br />ing the appearance of the vehicle <br />owner and his testimony -as to <br />his guilt or innocence -also <br />violates that right, it has been <br />argued. <br />In his initial magistrate-court <br />case, more than a year ago, Clark <br />argued that the photo-radar sys- <br />tem was flawed because it had no <br />external checks of the system's <br />accuracy. Clark again raised that <br />issue Tuesday. <br />• Clark charged that the photo- <br />radar system's second computer <br />was not really independent, al- <br />though a town police officer <br />testified that the second unit <br />checks the citing computer each <br />time it selects a vehicle for <br />photographing. The officer said <br />the second computer overrides <br />the first if there is a vehicle- <br />speed calculation error of more <br />than 1 percent. <br />Clark also tried to disprove the <br />system's accuracy by saying that <br />the two patrol-car drive-through <br />tests performed before his cita- <br />tion weren't valid because the <br />police cars' speedometers hadn't <br />been calibrated. <br />The police officer, however, <br />testified that the vehicle's. speed <br />for those drive-through checks is <br />set by the car's traditional speed- <br />radar system, not its speedome- <br />ter. The radar units, the officer <br />said, are calibrated at the begin- <br />ning of each shift. <br />Town attorney Charles Ollin- <br />ger discounted Clark's arguments <br />about the system's inaccuracy, <br />saying "the odds of the photo-ra- <br />dar and two patrol cars having <br />the identical error are astronomi- <br />cal." <br />Ollinger said legal precedent <br />had determined that abuse of <br />judicial process requires that the <br />defendant suffer "a demonstrable <br />harm." Summoning vehicle own- <br />ers to court to determine the <br />photographed driver, he said, <br />resulted in no harm to the cited <br />·individual. <br />J.. PUBLIC NOTICE 1-ftf.-90 <br />j. ELECTION FINANCIAL STATEMENT <br />Pursuant to A.f<tS. 9-246 the Paradise Valley <br />Town Council hereby publishes a full and correct <br />statement of all m"onies received into and <br />distributed from the public "treasury for the fiscal <br />year ending June 30, 1989. <br />REVENUES . <br />Taxes <br />Special Assessments <br />Licenses and Permits <br />Intergovernmental Revenues <br />Charges for Services <br />Fines and Forfeitures <br />Miscellaneous Revenues <br />2,592,890 <br />41,374 <br />202,726 <br />2,522,674 <br />5,845 <br />405,504 <br />1,204,874 <br />TOTAL REVENUES 6,975,867 <br />EXPENDITURES <br />General Government <br />Public Safety <br />Highways and Streets <br />Public Improvements Projects <br />Capital Outlay <br />1,211;899 <br />1,596,496 <br />696,431 <br />2,719,100 <br />361,775 <br />1 mprovement Bonds- <br />Principal Retirement <br />Interest <br />39,000 1 <br />19,892' <br />TOTAL EXPENDITURES <br />EXCESS OF REVENUES <br />OVER EXPENDITURES <br />6,664,593 <br />311,294 <br />. FUND BALANCES AT <br />BEGINNING OF YEAR <br />'FUND BALANCES AT <br />12,197,822 <br />END OF YEAR 12,509,116 <br />Is/Mary Ann Brines, CMC <br />; Town Clerk <br />Publish Januar-y 19, 1990. <br />LEGAL NOTICE <br />~?-;-/9-9o <br />PUBLIC NOTICE <br />Notice is hereby given that <br />the Town of Paradise Valley <br />will conduct Logic and Ac· <br />curacy Test of the Ballot Tab <br />equipment at 3:00 p.m. on <br />Friday, February 2, 1990, at <br />the Paradise Valley Town <br />Hall, 6401 East Lincoln Drive, <br />Paradise Valley, Arizona. <br />The same equipment will be <br />used to tabulate votes at the <br />Primary Election to be held <br />February 6, 1990, in the Town <br />of Paradise Valley. <br />Is/Mary Ann Brines, CMC <br />Town Clerk <br />Publish January 19,1990. <br />eR.()t:.R ess <br />LEGAL NOTICE <br />·· .~t mning in Jv~ 1-~T''fo . <br />e: Forum features PV Council hopefuls <br />. By Mark J. Scarp C" J./.. 11 J The nine qualified for the ballot in the Feb. <br />, Progress Staff Writer~ ()() T/ !: tXA--I....e 6 nonpartisan primary election for seven <br />/)te{) 6./1 e Bf; Town Council seats. <br />Nine Paradise Valley resiOents, including Candidates earning a majority in the <br />five incumbents, will square off on issues primary will win two-year terms that begin <br />facing the affluent residential community in April. Any open seats will be decided in a <br />·::tonight in the first of two Paradise Valley March27runoff. <br />: · ·Town Council candidate forums. Of the current seven-member council five , ~ Tonight's forum will be held from 7:30 to incumbents are seeking re-election. Th~y in- <br />: 9:30 p.m. in Birch Hall at Phoenix Country elude Sara Moya, a freelance writer, and <br />" Day School, 3950 E. Stanford Drive. The · Judson School administrator Kent Wick, <br />forum will feature questions from represen-both second-tenn members. First-tenn <br />·· tatives of town homeowners' groups and of members seeking re-election are John Miller <br />"' both major political parties. Jr., an investment broker, Richard My beck, <br />· A second forum, sponsored by the town, a patent attorney, and real-estate developer <br />will bll held at 7 p.m. Jan. 30 at Town Hall, ScottO'Connor. <br />~ 6401 E. Lincoln Drive. Paradise Valley Mayor Robert Plenge and <br />Vice Mayor Joan Lincoln each said Friday <br />they are retiring from the Town Council <br />when tl_leir current terms expire in April. <br />Plenge will have served eight years on the <br />council, whil~ Lincoln will have served 10 <br />years. <br />In addition, four other town residents have <br />qualified for the February ballot: fanner <br />Town Manager Oscar Butt, attorney Phil <br />Edlund, Planning and Zoning Commissioner <br />Joan Horne, and physician Laurence <br />Linkner. <br />years from 1973-86 before taking a position as <br />sales manager for Schumacher European <br />Ltd., a Scottsdale luxury-automobile dealer- <br />. ship, from which he recently retired. <br />Edlund is an attorneyspecializing in real- <br />estate concerns. He is a five-year town resi- <br />dent. <br />Horne is a fonner school librarian and <br />recently retired from her business as officer <br />in a family corporation. An lllh-year resi- <br />dent, she has been a member of the town <br />Planning and Zoning Commission since 1984, <br />serving as chairwoman for two years. Prior <br />Butt, a 17-year Paradise Valley resident,-to serving on the commission, she was a <br />spent 30 years on active duty in the U.S. Air member of the Board of Adjustment. <br />Force before retiring with the rank of colonel Linkner is senior vice' president for <br />in 1972. He served as town manager for 13 · medical affairs at Blue Cross & Blue Shield <br />of Arizona. He was a surgeon for 22 years, <br />and has lived in Paradise Valley for 14 years. <br />To qualify for the ballot, candidates had to <br />submit at least 75 but no more than 150 valid · <br />signatures of registered town voters. Write- <br />in candidates must file to be on the primary <br />ballot by Tuesday. <br />Residents may apply for absentee ballots <br />until Feb. 2. <br />Polls will be open from 6 a.m. to 7 p.m. ' <br />Feb. 6 at Cherokee Elementary School, 8801 : <br />N. 56th St., and Kiva Elementary School, <br />6911 E. McDonald Drive .. <br />Tonight's forum is sponsored by the Town <br />of Paradise Valley Independent, the town's' <br />weekly newspaper.