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SCC attorney blasts use of 2007 memo to justify light plan

By Denise Holley
Published Tuesday, September 29, 2009 9:54 AM MDT

Public Works Director Scott Altherr used a two-year-old memo from the county attorney’s office “out of context” to justify turning off 879 streetlights.


The county should stop using federal Highway Users Revenue Fund monies to pay for more than 75 percent of the 1,164 rural streetlights because it’s not legal, Altherr wrote to County Manager Greg Lucero on Sept. 16.

Leslie Spira, senior deputy county attorney, said, “I think he (Altherr) used my (2007) memo out of context. I was not addressing the legal question of do we need to shut down the lights.”

Altherr cited a 2005 opinion from Arizona Attorney General Terry Goddard and the memo from Spira to support his proposal, which would save the county an estimated $100,000.

His plan did not come to the public’s attention until Supervisor John Maynard placed the item on the board’s Sept. 16 meeting. Maynard then asked to move the agenda item to the meeting scheduled tomorrow at 9:30 a.m.

In 2007, after she studied other legal opinions, Spira wrote: “Money for streetlights can fall under the uses of HURF funds by virtue of the Attorney General opinions. If the lights are part of a safety program, a safety study should be conducted by the county to establish the need for the lights.”

Early this year, Altherr ordered an inventory and analysis of all county streetlights to determine which ones were eligible for HURF dollars, he said. But Spira said on Friday, “The inventory is not a safety study.

“When staff identifies an area that needs to be brought into compliance, we are charged with doing that immediately by taking corrective action,” Altherr wrote in an e-mail to the Nogales International on Sept. 15. “Compliance with state statutes does not require a public hearing or board action.”

In a telephone interview on Monday, Silva disagreed. Shutting off the lights is “a policy decision to be made by the board of supervisors and the county manager,” he said. “Common sense says you would reach out to the supervisors before you take such a drastic action.”

People are pointing fingers and “they’re trying to say I’m telling the county and board of supervisors to turn off the lights,” Silva said. “That has nothing to do with the opinion we gave (in 2007).”

Now the public is upset and “it’s a huge issue,” Silva said. He anticipated a large turnout at tomorrow’s meeting.

Silva agreed with Altherr the county had to make sure the lights served a safety purpose. He urged the county to go ahead with a safety study.

Also interviewed on Monday, Lucero said, “We haven’t turned off any lights.” The county will conduct the safety study first, he said.

Lucero found out about the lights issue last summer during the budget process. Altherr met with each supervisor regarding the streetlights, “so it’s not like it was in the dark,” Lucero said.

Maynard asked if the county could use other funds for the lights, but this happened after the county had adopted the budget, Lucero said. “That requires board action, so we put it on the agenda.”

On Wednesday, the supervisors will also consider whether to “abandon” about 26 miles of back roads in Rio Rico the county no longer maintains.
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Copyright © 2010 Nogales International

Comments

    o R Garcia wrote on Oct 10, 2009 10:17 AM:

    " Leslie Is a woman, and George Silva, a man, is the County Attorney. "

    R. Garcia wrote on Oct 1, 2009 4:22 PM:

    " Sorry for the confusion...

    The article stated; "Leslie Spira, senior deputy county attorney, said, “I think he (Altherr) used my (2007) memo out of context."

    I thought Leslie was a woman.... "

    RIO RIRO wrote on Sep 30, 2009 9:23 PM:

    " Corran al Altherr y al Lucero tambien son los que estan dejando al condado en la ruina "

    R. Garcia wrote on Sep 30, 2009 8:15 PM:

    " Looks like the SCC borad of supervisors agreed with the Public Works Director this morning at the meeting. The board decided to find funding from elsewhere in the budget for the lights so that they would NOT be in violation of State Law. They also decided to keep the current status of the 26 miles in Rio Rico, which is the county will continue to NOT maintain them

    Alot of fuss over nothing it seems.... "

    TO R. Garcia wrote on Sep 30, 2009 8:09 PM:

    " The county attorney is George Silva, a man, and he does not have a tail. And No, you are incorrect R GARCIA,
    CAN YOU READ
    the county attorney was never asked their opinion. "

    George Wilgers wrote on Sep 30, 2009 6:47 PM:

    " Concerned -

    Perhaps you are new to the area. The County has not issued a pay raise in two years now, except what the State of Arizona gave to the Elected officials (13%).

    As for the light issue, being something of an amature astronomer, I welcome all the excess light being turned off.

    However, I agree a good audit could be useful. They should have one every few years. "

    A County Employee wrote on Sep 30, 2009 6:43 PM:

    " Concerned -

    NO the reason we fought to stay out of the Union is that a Union is not needed. My sister is a shop steward, and I am personally discusted with the dirty tactics she has taken part in to try to force other businesses to unionize, such as buying baby formula at a store, waiting for it to expire, then sneak it back into the store and then make a big fuss about them "stocking out of date formula". No, most Unions have outlived there true usefulness and are now mostly a form of legalized organize crime. "

    George Wilgers wrote on Sep 30, 2009 6:40 PM:

    " R. Garcia -

    Tax revenues are down because the County, for reasons I cannot really understand though I have tried to seek understanding from the County Finance Department, CUT their tax rate AGAIN. I think in the ten years I have lived here the tax rate has been cut every single year. "

    concerned wrote on Sep 30, 2009 2:13 PM:

    " This is downright outrageous!!! There is no wonder that SCC fought so hard to stay out of the Union. Becoming Union would be as if they were under a microscope all the time, and then how would they be able to steal and swindle money from taxpayers. If the county is going to abandon maintaining 26 miles of roads in Rio Rico, does that mean that residents who live on those roads will no longer have to pay taxes? Because they are not paying taxes just so that board members, Sherriff Estrada, George Silva, Scott Altherr, and all the other directors and supervisors can continue getting good pay increases during these hard economic times. All we hear from SCC is that due to hard times, budget cuts, and tough economic times, they will have to cut this and that, but do they give SCC residents a break? No!!!! Instead each year our property taxes increase and now they want to stop maintaining our roads and shut our lights. WHAT NEXT????!!!! I bet that Mr. Altherr, Mr. Lucero, Silva, and any other high paying SCC officials will not have to drive in the dark and through potholes on their way home, of coarse not, their roads will definately be properly lit and maintained. This is so typical of SCC, and yet it is so sad how small town politics work. It would be great if SCC could progress. SCC should have a pay raise freeze, just like many other jobs are doing. Hey this would be better then loosing their jobs. Also get rid of the workers who have many years, which are earning the most. Sad as it sounds, these employees have just become very comfortable and are waiting a year or two to retire. Which usually means that these supervisors do not even do their job well anymore, they have lost the passion to fight for their employees rights. God forbid they create waves, they are just along for the ride until reitrement time arrives. ( I know too many SCC employees who fit this description). The State of Arizona should do a thorough audit of SCC funds and investigate where and how they are being spent!!!! "

    County Citizen wrote on Sep 30, 2009 10:45 AM:

    " It doesn't bother the Public Works director to turn off the lights since he is not from Santa Cruz County and the money he gets paid here is spent in a different county. He doesn't care what happens to this county as long as he keeps getting paid from it. "Public Safety is the Issue" "

    Tom wrote on Sep 30, 2009 8:17 AM:

    " Seems the Public Works Director is out of control and is usurping the authority of the County Administrator, the County Attorney, and the Board of Supervisors.

    Is there any adult supervision at the county? "

    R. Garcia wrote on Sep 29, 2009 10:53 PM:

    " Sounds like the SCC attorney is running for cover with her tail between her legs... Typical SCC politics.

    This is such a simple topic: Tax revenues are down, the county MUST cut spending somewhere. But as usual the local SCC whinners are out in force with the "not in my neighborhood" mentality. "

    david wrote on Sep 29, 2009 7:47 PM:

    " I rather have the lights turn off. 1st if a homeowner feels so unsafe without a street light on near their home then they can buy and put up motion detection lights that help solve the problem. The 2nd part is a return of the night sky where one can see not only the shine of the star but the gas clouds out in space. These sights are currently being outshined by light pollution "

    Ana Maria Woofolk wrote on Sep 29, 2009 6:25 PM:

    " I wonder if Mr. Altherr will feel comfortable the next time he asks the County Attorney for thier advice; .. can you imagine, to have them turn around on you going agains their own advice maybe political year for Mr. Silva. I dont know - The only thing is that in order for the director of Public Works to have acted was because he had consulted with the attorneys - it must be hard for the Director and their personnel to the County Attorneys office to turn their backs on one of your ownj. it must suck! "

    Carlos wrote on Sep 29, 2009 6:15 PM:

    " On Wednesday, the supervisors will also consider whether to “abandon” about 26 miles of back roads in Rio Rico the county no longer maintains----- it should read the county never maintained since it was dedicated to the county. is NEVER instead of no longer. "

    NE Resident wrote on Sep 29, 2009 3:35 PM:

    " These people are unbelievable. George you are right. To think, they are paid more than most of the residents living In Santa Cruz County to take care of the welfare, safety, and health of the residents. You would think they could be professional, proactive, accountable, and not jump the gun all the time. "

    Chuck Carlson wrote on Sep 29, 2009 3:14 PM:

    " Denise, you have done a good job of uncovering the genesis of this issue, and now we are all more aware of what and why. I don't fault anyone, nor does your article. Lucero is right to bring it to the whole board.
    We live in tough times economically, and saving money is critical. In addition, we live in litigious times, and the county has to respect the aspect of safety and coverage. "

    George Wilgers wrote on Sep 29, 2009 10:16 AM:

    " Time for everyone's favorate political move for Santa Cruz County, "Duck, Cover, and Point". "

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