A Sedona area couple fighting a private development near their home — one that needed Planning & Zoning approval for a zone change to move forward — were rewarded with a seat on that same P&Z commission by a county supervisor to whom they made a major campaign donation.
Attempt to Fire Commissioners
Newly seated Yavapai County District 3 Supervisor Donna Michaels asked for the resignation of both of the Yavapai County Planning and Zoning Commissioners who represent her district, Mark Mumaw and Curt Lindner, via a letter on Jan. 1.
The letter erroneously claims that due to Arizona Revised Statute §11-802, Section D, Michaels could appoint “two new members to the commission effective January 1, 2021” and effectively fire Mumaw and Lindner.
ARS §11-802.G, however, states the commissioners serve four-year terms and can only be removed for cause. Michaels listed no such cause.
Supervisors appoint commissioners when the nonpartisan, nonpolitical seats become open but commissioners cannot be removed on a whim nor just because a new supervisor is elected.
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After speaking with county officials about the letter, Lindner said he plans to remain until his current term expires this summer. Mumaw, whose term expires in 2023, spoke with Michaels on Jan. 12 and formally resigned Jan. 13. His last meeting was Jan. 21.
Campaign Donor Appointed
To replace Mumaw, Michaels tapped Charles “Charley” Pitcher, the husband of one Michaels’ largest campaign donors, Rhoda Pitcher.
Michaels stated in a letter announcing Pitcher’s appointment that commissioners “advise the Board of Supervisors regarding matters of planning, zoning and subdivision platting,” and while Michaels said Pitcher, a former employee of Apple and Microsoft, has experience with “critical thinking” and “ensuring adherence to policy and procedures,” Michaels listed no experience whatsoever that Pitcher might have “regarding matters of planning, zoning and subdivision platting.”
While there are no official guidelines for a planning and zoning commissioner, many have experience in planning, construction, architecture, civil engineering, environmental engineering, geography, geology, hydrology, land development, landscape architecture, land surveying, land use planning, law, public administration, real estate and/or traffic engineering or past experience on city or town council.
Michaels and her staff did not respond to numerous requests for Pitcher’s experience.
AutoCamp
Developers announced in March 2020 the possibility of building AutoCamp, a campground featuring 85 to 100 Airstream trailer or tent sites on nearly 19 acres approximately 6 miles northwest of Sedona.
AutoCamp would have needed a zone change from rural residential to a planned area development. The land is currently zoned residential for potentially nine houses.
Michaels’ statement said Pitcher “recently became involved with a community effort to stop a proposed commercial glamping development at the foot of Bear Mountain on the grounds of inappropriate density, significant fire safety issues and potential harm to Native American antiquities adjacent to the property.”
Michaels’ letter does not mention that Charley and Rhoda Pitcher own a home at the foot of Bear Mountain on the nearest adjacent private property — a 5.01-acre parcel 2,877 feet to the southwest of the proposed AutoCamp, separated by a parcel of U.S. Forest Service land. The proposed AutoCamp site is also in the Pitchers’ viewshed of Bear Mountain.
The Pitchers started an online campaign against AutoCamp last year. On Aug. 17, Rhoda Pitcher then made a $1,000 donation to Michaels’ campaign for Yavapai County District Supervisor, one of the largest local donations that her campaign received in 2020.
According to the Federal Elections Commission, the Pitchers made a total of $187.50 in 11 small donations between $2.50 and $50 to ActBlue in the 2020 election cycle, plus an additional $125 to ActBlue after Election Day. The $1,000 donation to Michaels dwarfed their other donations.
The Pitchers then launched the Save Bear Mountain website Oct. 7 and a Facebook page Oct. 27. According to the Save Bear Mountain Facebook page, it claims to be a “nonprofit organization,” however, there is no 501(c)(3) filing with the state of Arizona nor the Internal Revenue Service. Despite this, the Save Bear Mountain GoFundMe page has raised $1,310 toward a $15,000 goal.
The Facebook page is not run locally at the grassroots level, but instead is professionally managed by Shipley Strategies, a limited liability company based out of a private home in Phoenix.
In the recent election cycle, owner Colin Shipley did consulting work for Arizona Corporation Commission candidate Lea Márquez Peterson for $186,960 and $36,500 for Arizona Rep. Timothy Dunn [R-District 13].
Rezoning Delays
The Yavapai County Planning and Zoning Commission was set to hear the AutoCamp rezoning request on Dec. 3, but a complaint by the Pitchers and Save Bear Mountain on Nov. 23 delayed the meeting by asking the county to settle a technical question about long-term lodging in trailers, which was scheduled for Jan. 19.
Meanwhile, Michaels was sworn into office on Dec. 15.
On Jan. 1, Michaels was quoted in a Phoenix area newspaper voicing her opposition to the project. That same day, she sent her letter to Mumaw and Lindner announcing she was naming their replacements. Mumaw resigned Jan. 12 but Lindner refused.
The Board of Adjustments hearing on Jan. 19 was delayed until Feb. 16, due to a COVID- 19 outbreak among county staff. Two days later, on Jan. 21, Mumaw resigned from P&Z per the request of Michaels, who then named Charley Pitcher as his replacement, putting him on a 10-member commission that would recommend approval or denial of the AutoCamp project.
The morning of the Feb. 16 hearing, AutoCamp pulled its application, but representatives said they could bring the matter back before the county.
It is not clear if Pitcher would recuse himself from a vote on the project due to his property’s proximity and his past opposition, if and when it returns to the county docket.
Timeline of Events
- Dec. 6, 2019: Donna Michaels launches campaign for Yavapai County District 3 supervisor.
- April 16, 2020: The developers of AutoCamp propose a zone change for a 18.73-acre parcel in Yavapai County. The nearest private parcel, 2,877 feet to the southwest, is owned by Rhoda Pitcher and Charley Pitcher.
- Aug. 17, 2020: Rhoda Pitcher donates to Michaels’ campaign for Yavapai County District 3 supervisor against incumbent Randy Garrison.
- Oct. 7, 2020: Save Bear Mountain group appears online.
- Oct. 27, 2020: Sedona City Council declines to support AutoCamp.
- Nov. 3, 2020: Election Day.
- Nov. 12, 2020: Michaels defeats Garrison by 179 votes.
- Nov. 23, 2020: The Yavapai County Planning and Zoning Commission is set to hear the AutoCamp rezoning request Dec. 3, but a complaint from the Pitchers delays P&Z and instead sends the matter to the Yavapai County Board of Adjustments & Appeals first, set for Jan. 19.
- Dec. 15, 2020: Michaels is sworn into office.
- Jan. 1, 2021: Michaels sends a letter to Yavapai County District 3 Planning and Zoning Commissioners Mark Mumaw and Curt Lindner announcing she was naming their replacements.
- Jan. 12, 2021: Michaels speaks with Mumaw by phone.
- Jan. 13, 2021: Mumaw tenders his resignation.
- Jan. 14, 2021: Michaels asks Yavapai County Development Services about the approval process for Mumaw’s replacement.
- Jan. 19, 2021: Yavapai County Board of Adjustments & Appeals is set to hear issue, but due to a COVID-19 outbreak, meeting is delayed to Feb. 16.
- Jan. 21, 2021: Per Michaels’s request, Mark Mumaw has his last meeting on P&Z. Michaels names Charley Pitcher as his replacement.
- Feb. 16, 2021: AutoCamp pulls its application, but might submit it later.
- Feb. 17, 2021: Charley Pitcher sworn in as Planning and Zoning Commissioner.
