Sedona AZ (September 11, 2012) – Contrary to popular belief, Jack Webb in the role of Police Detective Sgt. Joe Friday on the TV series “Dragnet” (1967-1970) never said, “Just the facts, ma’am” in any episode of Dragnet. The actual line was, “All we want (or need) are the facts, ma’am.”
Taking a page out of the book from that popular TV series, in an effort to support the importance of seeking factual information, the following is an e-mail written to Yavapai County Supervisor Chip Davis with a copy to Mike Raber, Senior Planner, Sedona Department of Community Development, on Saturday, September 8, 2012:
It’s been made pretty clear that the Sedona Oak Creek Airport Authority leases the land they use for the airport (Table Top Mountain and/or Airport Mesa) from Yavapai County.
However, it remains very muddled as to why, then, wasn’t the Public Notice regarding the upcoming meeting on September 18th with the Sedona P & Z Commission mailed to at least the residents of the Greater Sedona Area? (School & Fire Districts)
For this request to re-designate the use of 4.6 acres to become a decision made at the discretion of Sedona city officials and in accordance with the Sedona Community Plan based on the status of the land involved still remaining in Yavapai County jurisdiction hardly seems equitable.
Is it accurate that the reason is because the property is a “finger” of land . . . or an “island” of property within what is now Sedona City Limits which validates for the city to control zoning and collect taxes even though Yavapai County remains the Lessor of the land?
Eddie S. Maddock
On Monday, September 10, 2012, the following message was received from Yavapai County Supervisor Mr. Chip Davis, “Eddie, I hope this information helps you.”
With the following message from Dave Hunt, Assistant County Administrator/Board Counsel with copies to Phil Bourdon, Yavapai County Engineer and Jack Fields, Civil Deputy County Attorney at Yavapai County:
Per your request, I have reviewed the message from Eddie Maddock and offer the following:
Subject to certain exceptions, property owned or otherwise controlled by a public entity that is located within the boundaries of another public entity is subject to the jurisdiction of the entity within which the property is located. Stated another way as applied to this situation, the airport property owned by the County and leased to the SAA is not considered to be part of the unincorporated area of the County by virtue of its ownership, but rather a part of the incorporated City of Sedona. Consequently, most City statutes, ordinances, rules and regulations would apply to activities at the airport.
One exception to the general rule set forth above applies to property utilized for traditional governmental purposes. In such instances, property used by a public entity for the delivery of traditional governmental services that is located within the boundaries of another government entity has been held to be exempt from land use regulations imposed by the entity within which the property is located. For purposes of this analysis, a distinction is typically drawn between traditional government services and those deemed “proprietary” in nature. Proprietary activities are those which are more akin to business enterprises. A County Service Center consisting of offices providing County administrative services to the public would fall within the above-referenced exception. On the other hand, the Sedona Airport constitutes a proprietary endeavor and, as such, would be subject to Sedona’s land use regulations including those governing designation or re-designation of allowable uses of property located on the Airport.
If I can provide additional information, please let me know.
Yep, “All we need are the facts, ma’am.” In this case it is the “sirs” who filled the order and deserve appreciation for clarifying the issue. Thank you.
Moral of story: Ask and you shall receive.