Albuquerque Journal from Albuquerque, New Mexico • Page 5

M.B1 VI Kltyl JUl'RNAL Saturda), 1978 A-5 City Man Still Facing 10 Securities Counts State Board OKs Chemical Waste Curb franchise operation that never got off the ground. Defense attorney James Brandenburg argued Friday that nine of the charges should be dismissed because only promissory notes were involved, not securities, as defined by the state Securities Act. Contending that profit sharing is the key element in determining that an offering is a security, Brandenburg said the alleged victims had no right to participate in the profits of that enterprise. The alleged victims stood to gain only a specified amount of interest on the amonnt they gave Sheets, he said. Assistant District Attorney David Hughes countered that profit sharin.e was not the proper test to determine the notes were securities.

The court must look to the representations that Sheets made to the alleged victims at Journal Photo Old Town Look Like What Might Albuquerque beautification leader Eunice Kalloch; center, Paul Eichenberger, president of Keep New Mexico Beautiful; and John Tissler, president of the Old Town Association, look over sketches of what Old Town would look like under a long-term development plan presented to the Keep New Mexico Beautiful board. The plan was developed with a grant from the environmental organization and volunteer support businessmen, homeowners and architects and a coalition called the Old Town Community Development Committee. By DENISE TESSIER Journal Environnuent Writer SANTA FE The New Mexico Environmental Improvement Board Friday adopted regulations that prevent disposal of hazardous chemicals in New Mexico by other states, and approved language that restricts the disposal of wastes generated within the state. The actions essentially comprised the state's first regulations controlling hazardous waste disposal In "New Mexico. The New Mexico Hazardous Waste Act, authorized in the last legislative session, forbids the disposal of wastes by out-of-state individuals and firms in New Mexico except by permit at controlled sites.

The board Friday adopted regulations to enforce the act. Russell Rhodes, director of the state Environmental Improvement Division's district and communities services section, said Friday there are no permit sites in New Mexico eliminating for now the potential for instate dumping by other states. The regulations adopted Friday do allow in-state generators of hazardous wastes to dispose of the waste either at a controlled site or on their own property. Butatthesuggestionof board member William Atkins, the panel adopted an amendment to the regulations restricting disposal to the generation location only. Rhodes said this will prevent the transportation of such wastes by the generator to other sites a firm or individual might own.

The board's members stressed that the regulations are an interim measure Member Betty Rivera of Albuquerque said an inventory of the types of waste generated in the state is needed. Atkins said the Environmental Protection Agency is also compiling a list of hazardous chemicals. At Atkin's suggestion, the board agreed it would modify the new regulations after reviewing EPA's information in the New Mexico Waste Inventory, which would be sometime before August 1. 1979. Petitions Turned In the time of the transaction, he said.

"The grand jury transcript indicates that this wasn't given as a loan but for investment purposes," Hughes said, noting that the persons were guaranteed at least a 36 percent return each year, and in one case, a 64 percent return. "The roof caved in, and all of them got stung," Hughes charged. Brandenburg then argued that the charges should be dismissed because, even if the notes are they are exempt from the registration requirement because they are commercial paper. Hughes agreed that commercial notes don't have to be registered with the commissioner of securities, but he said investment notes do have to be registered. He said the state act exempts from registration those securities, such as government bonds, "which are virtually risk or loss proof." The notes Sheets offered were nigh-risk notes, which had to be registered under the act, Hughes said.

Baiamonte denied the dismissal motion, finding that the promissory notes were securities under the act and they were not exempt securities. The judge also denied a defense motion for change of venue because of pretrial publicity. He left open the possibility for a further hearing on the matter at the time of trial, however. DAYS ONLY! By BETTY CHILDERS Journal Staff Writer An Albuquerque businessman still faces 10 felony charges alleging violations of the state Securities Act after District Judge Phillip Baiamonte refused to dismiss nine of the counts Friday. Donald R.

Sheets, 46, 5609 Knight NE, was indicted by the Bernalillo County grand jury on one count of filing a false or misleading statement with the commissioner of securities concerning an application for registration of Weenie Machine International 5353 Wyoming NE. He also is charged with nine counts of selling unregistered securities in connection with the allegad selling of notes or investment contracts to 10 Bernalillo County residents from 1975 through 1977. The Weenie Machine was a fast-food Libertarian Kept Off State Ballot Libertarian Party legislative candidate Bob Walsh was denied a place on the November ballot Friday by District Judge Phillip Baiamonte. Walsh filed suit last week requesting the court to order his placement on the general election ballot as a candidate of the Libertarian Party for House District 22 in the Northeast Heights. The seat is held by Frank Horan, a Democrat who is running for election after his appointment to the position.

He is opposed by Republican Deborah Toth. In ruling, Baiamonte agreed with a county attorney opinion that the Libertarian Party had failed to comply with state law requiring a new party to file its rules with the county clerk within 30 days after it is formed. He also agreed that the party's rules do not provide a method for nominating candidates for legislative office in single county districts, also required by state law. Walsh's attorney, Dale Dilts, said he would Have to check with his client to determine if they will appeal Baia-monte's ruling. The county was represented in the hearing by Mrs.

Barbara Everage. 3 SOFETTE 7 yiy m. i t. A Thli h.m Iht lodM.n.1, i(rli Mil July 17 voted to impose the extra one-quarter cent, which would replace an equal amount dropped by the state 1. The tax increase was requested by Rusk to raise an estimated $6.1 million in additional revenue the first year, of which half would be reserved for police, street improvement and transportation.

It would become effective July 1, 1979. Mrs. Cooper said she will begin the tzBuitt-'m (01 I I Tax Hike City Clerk Mary Lou Cooper late Friday received from the mayor's office petitions bearing a possible 3,179 signatures of residents seeking a referendum on a proposed one-quarter cent gross receipts tax increase. Only 1,841 valid signatures are needed, Mrs. Cooper said." Mayor David Rusk, aided by some city councilors, led the drive for petition signatures after the council on With Get smart checking the signatures Monday.

She said she had not had a chance to count the signatures, but that 187 petition pages bearing 17 lines each were submitted by Rusk's office. Mrs. Cooper said the state law that provided for municipalities to impose the levy required signatures equal to 5 percent of the number of persons who voted In the last municipal election. Edge. edge! Showcase.

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