Citizens allege code violations at Stagecoach Trails Mobile Home Court
Published: Tuesday, July 28, 2009 7:33 PM CDT
Thelma Grimes/San Pedro Valley News-Sun
Despite protests from former councilwomen Dianne Tipton and Kathy Suagee, the Benson City Council held a closed-door meeting Monday night to discuss possible code violations at the Stagecoach Trials Mobile Home Park and other manufactured home parks in the community.
The agenda stated, "The City Council will meet in executive session to receive legal advice from its attorney regarding complaints of zoning violations occurring in or within property managed as Stagecoach Trails Mobile Home Court and possible enforcement options."
Tipton, who was recalled by citizens in November, manages the park, which is owned by her son, Jay Kendrick.
Glen Jenkins, who owns property near Stagecoach Trails, has lodged the complaints, stating the mobile home park managed by Tipton violates city set-back codes and has a number of trailers that are too big for the specifications of the lots.
During the call to the public at the beginning of the meeting, Jenkins addressed the council, stating the trailer located right next door to him is too big for the lot, and he wants the city to start addressing the issues.
Carl Haupt, also a resident of Benson, spoke up with Jenkins. Haupt, who played a key role in getting Tipton recalled last year, said the council should thoroughly study the zoning codes and in doing so will find that there are numerous safety hazards in the park managed by Tipton.
"I see many issues with electric, gas and fire," Haupt said. "I call upon the city to check into all the safety issues, not just at Stagecoach Trails, but all of them. I don't want to see my taxpayer dollars go to a needless lawsuit."
Suagee, who was also recalled in November, not only questioned the validity of the accusations, but spoke out against how the city has chosen to handle the situation.
"Since when does the City Council bypass planning and zoning," she said. "It is a mistake to put this on as an executive session."
She questioned why the council would even consider the idea of holding a "closed-door" meeting based on the complaints of two "grumpy old men."
Tipton also spoke on the park's behalf, noting there are no complaints against the park filed with the city, and that if there are problems with her park, then the city should come to her and her son and allow them to address them before holding an executive session.
Tipton questioned City Manager Glenn Nichols for putting the matter on a council agenda, noting that he is "no longer the police chief" and should not be holding "secret investigations."
Tipton said her property has been inspected by City Inspector Jeff Smith and by city staff member Sheila Perkins. Smith is currently on administrative leave, and Perkins is not qualified to conduct inspections, according to Public Works Director Brad Hamilton. Hamilton said he has no knowledge of the inspections, but will check with his staff to clarify the situation.
Going against the wishes of Suagee and Tipton, the 25-minute executive session was held. Tipton was not allowed to attend, only the City Council, City Attorney Michael Masse, Nichols, Hamilton and the deputy city clerk attended.
Following the closed-door meeting, the council gave no indication on what was discussed. Mayor Mark Fenn directed city staff and Masse to continue looking into the allegations and proceed as needed. No vote was taken.
Following the meeting, Hamilton said Tipton is right that there have been no complaints against the park until now, noting that Jenkins submitted the complaint.
Hamilton said the next step is to start pulling files, "look at the pertinent information, and look at each individual complaint separately."
Hamilton said the matter was taken before the City Council because they needed legal advice, and because a complaint has been filed, they need council direction.
City officials said Tipton's park is not being targeted, and that they will be considering code violations and concerns with all manufactured home parks in the community.
In other business, the council wrapped up some old business, officially voting to spend just over $41,000 to hire a company to remove the asbestos from the old City Hall building on Huachuca Street. Hamilton said the outside contractor should take about 12 days to remove the asbestos, which is inside the building's floors, ceiling and walls.
The city plans to remove the building entirely, leaving more space for downtown parking.
The council had agreed to the price prior to June 30, but had to officially vote on Monday as the funds were coming from the 2009-10 budget, which didn't go into effect until July 1.
The council also voted unanimously to donate $1,000 to the annual Back-to-School fair being held this Saturday. The annual event gets back-to-school supplies to about 1,000 students.
The council also voted to make the new healthcare benefits for city employees official in the new year. City Manager Nichols said there are some increased costs, noting the price has gone up between 5 and 6 percent from last year.
Nichols noted that the biggest change is co-pays for emergency room visits. Last year it cost employees $50, this year it will be $400.
The council also approved a fund that would allow some employees to be reimbursed for healthcare costs.
Councilwoman Lori McGoffin abstained from voting on employee benefits, noting her husband works for the city.
In other business, the council also approved a liquor license for the new owners of Turquoise Hills Family Golf Center and gave Nichols permission to proceed with some changes to the Mayor's Fourth of July Committee.