11/12/02
Americans with Disabilities
Act Notification: In
accordance with the Americans with Disabilities Act (ADA) and Section 504 of
the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not
discriminate on the basis of disability in the admission of or access to, or
treatment or employment in, its programs, activities, or services. For
information regarding rights and provisions of the ADA or Section 504, or to
request reasonable accommodations for participation in Town programs, activities,
or services contact the Town Clerk, 37622 N. Cave Creek Rd., Cave Creek, AZ
85331; (480) 488-1400.
NOTICE AND AGENDA
REGULAR TOWN COUNCIL MEETING
TOWN OF CAVE CREEK, ARIZONA
MONDAY,
NOVEMBER 18, 2002
Notice is hereby given that the
Town Council of the Town of Cave Creek will hold an Executive Session during
its Regular Session, which begins at 6:00 p.m.
The Executive Session will be held to discuss those legal matters set
forth on the Executive Session Agenda set forth below, pursuant to A.R.S.
Section 38-431.03(A) (3) and (4).
CALL TO ORDER 6:00 PM. Vincent Francia, Mayor, 37622 N. Cave Creek
Road, Cave Creek, AZ.
ROLL CALL Mayor Vincent Francia, Vice-Mayor Ralph
Mozilo, Council Members Bruce Flickinger, Gilbert Lopez, Grace Meeth, Shea Stanfield,
Jerry Whitmore.
EXECUTIVE
SESSION: An Executive Session will be held during the Regular Council
Session for legal matters pursuant to A.R.S. Section 38-431.03(A)(3) and (4) as
follows:
EXECUTIVE SESSION
AGENDA
1. Consultation
with the Town’s Attorneys in order to obtain legal advice from its attorney and
in order to consider the Town’s position and instruct its attorneys regarding
contemplated and/or pending litigation.
The executive session discussion may include, but is not limited to
possible settlement discussions to avoid or resolve litigation regarding the
following matters:
GTNN
Properties, Inc. v Town of Cave Creek (possible litigation)
Desert Creek Properties Ltd. v. Town of Cave Creek
(CV2002-002232) (discussion of court ruling)
Seginski v. Town of Cave Creek (distribution of Opening Brief from
Seginski)
Veres
v. Town of Cave Creek (discussion of letter from Mr. Slavin)
A.R.S.
Section 38-431.03(A)(3) and (4)
Council
Action Needed: Motion to
convene into Executive Session.
The Public
Meeting will begin at 7:00 p.m. following the Executive Session.
PLEDGE OF
ALLEGIANCE
MAYOR
RECOGNITION OF 60TH ANNIVERSARY FOR CITIZENS ALEX AND VIOLET BACKUS
CALL TO THE
PUBLIC
Residents/Visitors
are encouraged to comment about any matter not included on the agenda. State
Law prevents the Council from taking action on items not on the agenda, except
to set them for consideration at a future date. Please limit your comments to three (3) minutes.
REPORTS – The
following reports are for Council discussion only. There will be no action taken except to set an item for Council
consideration at a future date.
1. Monthly
status report by Lt. David Trombi, Maricopa County Sheriff’s Office, District
#4 North to include criminal activity and crime statistics for the Cave Creek
area.
2. Monthly
status report by Chief Jim Ford, Rural Metro to include emergency medical and
fire service activities in the Cave Creek area.
3. Monthly
status report by Town Marshal Adam Stein regarding his activities for the Town of
Cave Creek.
ACTION ITEMS
I. CONSENT AGENDA
1. Approval
of October 1, 2002 Special Council Meeting Minutes.
Approval of
October 7, 2002 Regular Council Meeting Minutes.
2.
Approval of Lot Split for SunPine Construction
Council Action Needed: Motion
to approve the items listed on the Consent Agenda.
II. GENERAL AGENDA ITEMS
If you wish to speak to the
Council about any item included on the agenda for action, please complete a
Request to Speak form and place it in the box at the end of the staff table. The Town Clerk will call your name at the
appropriate time. Copies of any
reports, photographs, diagrams, charts, maps, or other materials presented to
the Council must be given to the Town Clerk for inclusion in the Official Town
Record.
PAGE# ITEM#
P.1
1. PUBLIC HEARING, DISCUSSION AND POSSIBLE
ACTION ON A REQUEST TO RECONSIDER THE DENIAL OF TWO EXCEPTIONS TO THE TOWN’S
SUBDIVISION ORDINANCE REQUESTED BY GTNN PROPERTIES AND DENIED BY THE TOWN
COUNCIL ON DECEMBER 3, 2001 FOR PROPERTY LOCATED EAST OF 72ND
STREET, THE SOUTH HALF OF SECTION 14, T6N, R4E, CONTINENTAL MOUNTAIN
ESTATES (CASE P-01-03)
Placed on the agenda by the Town
Attorney, Town of Cave Creek.
This
item will include discussion and possible action on authorization to execute an
Exceptions Agreement and discussion and possible action on the execution of a
Tolling Agreement between the Applicant and the Town.
Public Comment
Council
Action Needed: Following
the Public Hearing, (a) motion to approve or deny approval of an Exceptions
Agreement and (b) motion to approve or deny approval of a Tolling Agreement
between GTNN and the Town.
PAGE# ITEM#
P.46
2. DISCUSSION ONLY ON THE RENEWAL OF
INSURANCE COVERAGE THE TOWN HAS THROUGH THE ARIZONA MUNICIPAL RISK RETENTION
POOL (AMRRP)
Placed on the agenda by the
Town Administration, Town of Cave Creek.
Staff will present information
regarding the renewal rates for the Town’s insurance through the Arizona
Municipal Risk Retention Pool. This is informational only; no action will be
taken
Public
Comment
Council
Action Needed: No action will be taken on this item.
P.50
3. PRESENTATION BY STAFF OF THE
DEVELOPMENT FEE FEASIBILITY ANALYSIS AND DISCUSSION AND POSSIBLE ACTION TO
AUTHORIZE DEVELOPMENT FEE STUDY
Placed
on the agenda by the Planning Department, Town of Cave Creek
Staff
will present the Development Fee Feasibility Analysis and Council will have
discussion and possible action on authorization for Tischler & Associates
to conduct a Development Fee Study, not to exceed $91,300.
Public Comment
Council
Action Needed: Motion to approve or deny approval to authorize Tischler
& Associates to conduct a Development Fee study not to exceed $91,300.
P.63
4. SECOND READING OF ORDINANCE O2002-35
AMENDING THE TOWN CODE TITLE III, CHAPTER 31, TOWN OFFICERS REGARDING REMOVAL
OF TOWN MANAGER
Placed
on the agenda by Town Administration, Town of Cave Creek
This
is a request for Council to give Second Reading to an ordinance that would
amend the Town Code, Chapter 31, Town Officers to eliminate the conflict
between the Town Code and the Town Manager’s contract regarding Section F,
Removal of the Town Manager.
Public Comment
Council
Action Needed: Motion
to approve or deny approval of Second Reading of ordinance O2002-35.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of
November, 2002
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk