Tempers flare as time cuts board's meeting short

BISBEE - "I am going to recess this meeting right now."

With that Board of Supervisors Chairman Richard Searle put a halt Tuesday to the regular meeting and an outburst by Supervisor Paul Newman over a shortened hearing due to a Law Day event that Searle was to attend at the courthouse.

The subject under discussion was the transfer of a beer and wine license from one person to another.

Armando Alvarado sought approval for the transfer of the beer and wine license, now held by Gabriela Mendoza, for Froggy's, a neighborhood bar located at 703 W. Irvine Ave., a residential area in Pirtleville.

County Clerk Katie Howard said the supervisors could not deny the transfer unless the applicant had committed a felony. A background check done by the Sheriff's Office showed a misdemeanor on Alvarado's record from 1982, but it was dismissed.

She also said the tavern, which has been closed for some years, would have to undergo an inspection by the Health Department and would have to comply with safe food handling codes in order to receive the proper health permits.

The county Planning and Zoning Commission approved the transfer.

"We do have petition from residents in Pirtleville saying that they object to the re-opening of the establishment for the purpose of selling intoxicating beverages," Howard said. "However, they are objecting to the establishment itself."

She read a letter: "Let it be known to the Board of Supervisors ... that the tavern was and is situated in a residential zoned area. Therefore, we oppose the transfer of the liquor license as it will be a negative reaction to our peace and quiet."

Some of the reasons stated for opposing the reopening of the bar were littering of cans and bottles in the area, that it is an illegal immigrant pick-up site, there is loud music late at night, parking on the streets instead of in the parking lot, and there is public urination. Some residents feel it is a bad example to set for the children who now live in the neighborhood.

None of those reasons were enough to deny the person-to-person transfer of the license, Howard said.

When Searle called for questions from the supervisors, Newman said he had a lot of questions, because it is his district.

"This could be the most contested liquor license situation that we have encountered in quite a while," Newman began. "The petition doesn't necessarily relate to the issue today, but it could relate to the future. It's confusing to me ... But now we're having this early recess and I just don't know if we can fully, uh ..."

Searle asked Newman to get to the questions, and that he had some questions if Newman did not.

Newman replied he had questions, but that he was under the clock, and it made him very nervous.

"I don't know if I can do this. Perhaps I should have asked the county attorney earlier ... I'm confused legally on this issue of the transfer ... Is it de facto, that if the transfer is approved the tavern will be opened? ... I'm looking for some guidance here," he said to Terry Baird, deputy county attorney. "I don't understand it. Can you help me with that?"

Baird replied, "No. I cannot. I have not had an opportunity to review the situation. It will take some time."

Newman was concerned the issues of the community association, which he said he helped found, would not be heard.

Searle moved the public hearing on and heard from two residents who were opposed to the reopening of the bar.

As Newman again began rambling about the association, Searle interrupted and said he was hoping to hear from Alvarado, who works for Homeland Security and currently lives in Tucson, before the meeting recessed.

Newman responded loudly.

"Richard, I asked you not to have the hearing before you started the hearing," he said. "This is ridiculous. These are my constituents. I love every single one of them. There's no way to do this hearing in 25 minutes ... I can see that you really know how to run a meeting. And you know how to be civil to your colleagues."

He addressed a constituent to ask a question, but prefaced it with: "... They're trying to make a decision about this within a half an hour."

With that, Supervisor Pat Call objected and said he had not said a thing that would have impeded Newman's questions.

In a loud voice, Newman said, "You can make any objection that you want ..."

Searle then closed the meeting.

When it reconvened at 1 p.m., Newman was apologetic and contrite to Call, Searle and staff.

As they picked up the agenda item, Deputy County Administrator Jim Vlahovich gave the board a report from a quick meeting he had had with planning and zoning. It turns out the tavern would not be grandfathered in since it had been closed for more than 12 months. Alvarado will have to appear before the planning and zoning commission to seek a rezoning of the site that is zoned TR-9, which does not allow for bars or restaurants. Planning and zoning staff assumed the tavern was still in operation.

Community members still will have the opportunity to voice their concerns at a more appropriate time.

On Tuesday, the supervisors proceeded with a vote to approve the bar and wine bar license transfer to Alvarado, with Searle voting in opposition.

"Searle was trying to push the hearing, and it was a contentious issue," Newman said after the meeting. "I didn't feel it was appropriate to have it early in the meeting. That's why I lost it."

In other business, the Cochise County Board of Supervisors on Tuesday:

€ Approved a proclamation declaring Cochise County as an official "Relay For Life County."

€ Approved the submission of an application for a Community Development Block Grant in the amount of $335,025 for the Fry Townsite drainage improvement project, the lead abatement program and playground improvements for the Wesleyan Childcare Center in Willcox.

€ Declared six-tenths of a mile on Sands Ranch Road from Highway 82 to Ivey Road as a county highway.

€ Approved the final plat for The Oaks Subdivision on Three Canyons Road, consisting of 113 four-acre-plus lots on 503 acres.

€ Approved two future work sessions to discuss flood control district projects and Highway User Revenue Fund highway projects.