Story Preservation Association
Steering Committee Meeting Minutes
July 14, 2015
Kenilworth School
Members Present:
Bob Croft
Cheryl McGregor
Rob Shupe
Dave Stanton
Christopher Dillman
Jacob Zonn
Doug Towne Diego Delgadillo
Jason Brown Martinez Milt Jacobs
Jay Roberts C J Carenza
Joe Zbick
Ginger Mattox
Lynn McFarland
Members Absent:
Gary Hochstetler
Maureen Town
Diane Hochstetler
Earlene McDonald
Will Denney
Steve Dreiseszun
Meeting was called to order at 6:30 pm.
CAO Report – Ben Harris, Mountain View Precinct.
 Fairview and FQ Story had a rash of the same kind of burglary incidents in March and they seem to
have picked up again. Investigation is ongoing. PHX PD is working on the abatement issue on
Culver. There are some other issues in that same area. Dave and others brought up the abusive
vagrant issue in the alley behind the closed restaurant at 15th and Lynwood. Ben noted that they
have 2 new officers.
Meeting Minutes:
 Meeting minutes for June were presented, accepted and approved on a voice vote.
Treasurers Report
 Report for June was presented, accepted and approved on a voice vote.
 Motion was made to purchase 2 $200 gift certificates. One for Earlene (Costco) and one for
Elizabeth (Trader Joes) as retirement gifts for the many years of service on the Home Tour. Sharon
received the season ticket package for the Phoenix Little Theatre.
Welcome Committee
 Have about 10 packages to hand out and will need to get more made up. Several new neighbors
were noted to add to the list.
Visual Award
 Several homes were suggested and voted on.
921 W. Portland was chosen. Lynn asked about the
gift Certificates for SW Gardener – Cheryl will get with Sharon to find out whether SW Gardener is
sending them out or not. Cheryl had asked about whether we should create a coupon for the winners
but according to Sharon, SW Gardener is supposed to be sending a gift certificate.
Block Watch
 No new info.
Hance Park Conservancy
 No new info.
Historic Preservation
 See Ginger’s report for specifics on the Hurley Plaza variance and WPA building.
Home Tour
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Pricing iPads – rent vs. purchase
6 confirmed homes and 2 still to be viewed.
There is now a PR person on the committee with lots of ideas and experience.
New volunteers on the committee
New procedures to be written down.
Discussed postage prices, 501c3 discount permit prices and donation from Mario Romero to cover
one of the major mailings.
Doug provided information regarding what it will take to open an account and have a debit card for
expenses. He would like to see financial controls in place and in writing before this account is
opened.
Paramount Petroleum Updates (and Liberty Iron and Metal)
 Paramount continues to help track down odors for the neighborhood.
 See Ginger’s report fir specifics– attached.
FAA Flight Paths and Noise Issues (see attached)
 Ginger discussed the FAA issue and the options that have been discussed with other neighborhoods.
She discussed the positive and negative aspects of the City’s investigation and report.
 Noted that some homes in Woodland Historic Neighborhood have planes flying as low as 650 over
them. This may be an important piece in the fight as this exceeds the noise level in that
neighborhood. It may also be a violation of the FAAs rules about following historic preservation
guidelines that have to be followed.
 Bob discussed the neighborhoods joining together to foot the cost of having an attorney draft an
injunction. This would cost around $12 grand total and some of the most affected neighborhoods do
not have the revenue stream that FQ Story and Encanto have. Willo has already footed $5000.00
towards preparatory legal work. Motion was made and approved to authorize $6000 towards legal
cost if this is the route the neighborhoods choose to go and approved. It was suggested that a Go
fund me site be started as well. Bob noted that it might be worthwhile later on, but at this point,
there isn’t a need to worry about funding and the window of time is short. The law firm that
provided the proposal is discounting the cost for their services because we are 501c3s.
Neighborhood Improvements (see attachment)
 15th Ave: Landscape planner has given Jay some ideas and guidance. Dave and Jay will get
together about the decorative boulders Dave has been storing for the job and Ginger noted that Steve
Methvin has some blue agave that he has been caring for as well.
 Alleys: Jay has surveyed the alleys and has some ideas for cleanup and improvements. Is still
fleshing out the plan to make the alleys cleaner, safer and less inviting to transients, prostitutes,
illegal dumping etc. Will be surveying the south side alleys after the July bulk pick up. Suggestion
made for posting no dumping signs. He will also be talking to the Fire and Police School for
volunteers.
 Ben talked about getting the transient camp cleaned out behind the 16th and Culver alley. Ginger
told Ben about the compost piles on private property over by Paramount. Paramount tracked down
the smell when neighbors were complaining about the smell. The piles are hot and could be a fire
hazard.
Unfinished business
 Monument Damage:
o Still waiting on bids. Geico is responsible for the Willetta monument.
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TNR Funding –
 Joan explained what the requested donation would be for traps that have fallen apart or to
boost those on hand due to neighbors being slow to return them and the many needed during
kitten season. She also makes donations to the rescues that take the kittens she rescues in the
neighborhood. Several people voiced support for the cause and the benefits of the TNR and
the work done by the neighborhood ‘cat ladies’.
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There are neighbors who are concerned with the number of cats at her house (15-20). She
explained that the cats are adults – some are hers and some are rescues looking for homes.
She explained that this is a separate issue and she is working on it. Several people offered to
help with ideas to resolve the cat mess and smell issue. Motion was made to hold the
funding vote to next month and approved on a voice vote. Several people voiced concerns
that this has already been held up for 7 months and a vote should be held.
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Palm Tree Trimming for Home Tour
o CJ went over the bids and several people balked at the cost. $6,000 had been budgeted using
previous years numbers as a guide. Because this year’s tour includes Roosevelt, Portland and
Latham, there are more trees. It was determined that some of the trees are ADOT trees and
some others are the responsibility of the city. Those will be removed from the trimming plan
along with the trees on Roosevelt. Jay is rerunning the numbers and it looks like it will be
close to the budgeted amount. There was a suggestion that perhaps the businesses along
Roosevelt might be willing to donate to have those trees done.
Miscellaneous
o Discussed whether we would not meet in August. Bob noted that we had enough issues that
we should meet.
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Meeting was adjourned at 800 p.m.
Attachments
Ginger’s Briefing Report
Paramount Asphalt (Alon Asphalt) Status Update Report
by: Ginger Mattox 7/13/2015
In keeping with their promise to eliminate asphalt odors from our neighborhood, Paramount Asphalt (aka: Alon
Asphalt – same company), performed a maintenance operation on Monday (7/13) and Tuesday (7/14) on their
Regenerative Thermal Oxidizer (RTO) System. They switched to their previous Carbon odor control system
during the process. It may have produced some "smells" as it has in the past. If all goes as planned the RTO
will be up and running again on Wednesday (7/15).
Additional info: the RTO was a custom built piece of equipment for this specific location. It was "Failure
Engineered" but as in certain custom-made products sometimes tweaking is necessary. In this case, they have
found that the construction of the equipment is producing more inject-able liquids into the RTO than desired
which is causing an increase in the maintenance schedule from the anticipated 6 months to every 2 months. A
redesign process has begun to remedy this situation which will benefit both the community and the corporation.
Liberty Iron and Metal Holdings Status Update Report
by: Ginger Mattox 7/13/2015
It has been several weeks since I reported on Liberty Metal, a metal recycling company located at 2144 W
McDowell, so here is an update. I have been communicating with Dean Pedrotti, Inspector of Record, City of
Phoenix Hazardous Materials Dept. On July 8th he contacted me regarding the Compliance Improvement
Request that he made to Liberty a few months ago.
The company was given a 17 point list of issues that the Inspector asked to be addressed. The Report was due
July 1st but due to their Engineer's vacation schedule, the Final Report will not be available until the week of
July 20th. I am waiting to read that report before reaching out to other local agencies that deal with Liberty.
Dean did report that his request to reduce quantity use of "Final Gases and Oxidizer Gases" has been met. This
is a good thing because it reduces the volume of off-gassing into the atmosphere.
After I review the Final Report, I will provide a summary on our message board and NextDoor. If there are other
areas of concern that Hazardous Materials Dept. does not oversee, I will then contact the appropriate agencies
for comment and inspection.
Please continue to provide comments on what you, as a neighbor to Liberty, have been experiencing the last
few weeks. It is important that I understand the conditions in order to be of help to the community.
Board of Adjustment Hearing held July 9,2015
Hurley Plaza Variance Application Appeal ZA-201-15-4 (aka: My Florist Plaza)
by: Ginger Mattox 7/13/2015
The request for a “zero set-back” for the planned 4,450 sq ft. building on the southeast corner of the property
located at 520 W McDowell Road was upheld by the Board of Adjustment as previously granted to the applicant
by the Hearing Officer on May 28, 2015.
The site is being built to house PetClub, a locally owned business since 1982 that specializes in premium pet
products at a discount price for cats, dogs, birds, small animals and equine.
Unlike the “MarketPlace” west of the proposed site, this building will not be set-back but flush with the sidewalk.
The new parking lot for the building will accommodate 12 parking spaces and be fenced from view by a living
wall.
1938 WPA Administration Building located on the Arizona State Fairgrounds
Status Update Report
by: Ginger Mattox 7/13/2015
A “stay of destruction” was granted to advocates of the “Save the WPA Administration Building”. The State of
Arizona is interested in the proposed adaptive reuse plan that the members submitted but much work is ahead
in order to preserve the building from demolition.
Currently the State Historic Preservation Office and Arizona State Parks are interested in using it for office
space, conference/meeting rooms, exhibit/event space and a retail shop. In addition the John D. Driggs Center
for Preservation Studies would like to consider it for classroom space, conference/meeting space, exhibit/event
space and archives. Other potential partners are considering the venue for similar uses.
Ginger’s FAA Report
FAA Flight Path change Status Update Report
by: Ginger Mattox 7/14/2015
The Aviation Department personnel internal investigation report ordered by the city was released to the public
with comment by the City Manager, Ed Zuercker on June 22, 2015. The goal of the investigations was to
determine 1) who knew about the impending implementation of the new flight path plan 2) what was done to
express to the FAA the viewpoint of the stakeholders 3) what attempts were made to influence the FAA’s final
flight path decision 4) why there was not public notice and involvement prior to September 18, 2014 and 5)
under what circumstances did the Aviation Dept. learn that a Categorical Exclusion (CatEx) was being used to
circumvent the conventional NEPA standard procedure.
A total of 14 people were interviewed… The report showed that multiple failures occurred on
multiple levels along an extended time continuum. While greatly concerning from an airport
management standpoint, many of the failures identified herein were not directly responsible for the
Aviation Department’s failure to act.
Last evening the Willo Board President hosted a neighborhood meeting that included Willo residents and
invited guest from other neighborhoods. Fifteen area people attended the gathering to share ideas and
concerns with the Aviation Assistant Director, Deborah Ostreicher and Advisor, David Schwartz. The goal
of the meeting was to discuss ideas for “Next Steps”.
The conclusion of the meeting was to set in motion a plan to hire a law firm that would begin the motion
process of filing an injunction to “stay the order” prior to asking the court for interim relief.
For additional information see below:
Why July 30, 2015, is the deadline for filing a “follow-on” Petition for Review in the U.S.
Court of Appeals for the D.C. Circuit.
1. 49 U.S.C. § 46110(a) governs judicial review of FAA final “orders.” It states that “The
petition must be filed not later than 60 days after the order is issued.”
2. The City of Phoenix filed its Petition for Review in the U.S Court of Appeals for the D.C.
Circuit pursuant to 49 U.S.C. § 46110(a). The City uses June 1, 2015, the date of issuance of
what they call the “Confirmation Decision,” as the date of issuance of the FAA’s “order” that
they are seeking review of.
3. Since we would be seeking the same remedies as The City of Phoenix, there would be no
good argument that any other date should be used.
4. Thus, the deadline for filing a Petition for Review similar to the one that the City of
Phoenix filed would be 60 days after June 1, 2015, or July 30, 2015.
5. Caveat: if any other cause of action is used besides the judicial review of an FAA order,
the 60- day deadline would not apply.
Procedure for obtaining a stay/injunction pending the resolution of the litigation in the U.S.
Court of Appeals for the D.C. Circuit.
1. 49 U.S.C. § 46110(c) states that “[a]fter reasonable notice to the Secretary, Under
Secretary, or Administrator, the court may grant interim relief by staying the order or taking
other appropriate action when good cause for its action exists.”
2. This section has been taken to mean that a party first must first ask the federal agency to
“stay the order” before asking the court for interim relief.
3. Thus, the procedure would be
(a) Send a letter to the FAA requesting that they return to the pre-September 18, 2015,
flight procedures.
(b) After a reasonable period of time (a week or so), file a motion with the Court
requesting “interim relief” (that is, a return to the September 18, 2015, flight procedures) while
the Petition for Review is pending in the Court.
4. Recognize that this type of motion has a low probability of success. The best we could
hope for is a 50/50 chance of prevailing. This is, most likely, the reason why the City has not
requested interim relief.
5. Caveat: this procedure only applies to Petition for Review filed pursuant to 49 U.S.C. §
46110. If another cause of action is used, then this procedure would not apply.