AMENDED 1/16/02
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
TUESDAY, JANUARY 22, 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 Special
Council Session for legal matters pursuant to A.R.S. Section 38-431.03(A)(3) and
(4) as follows:
EXECUTIVE SESSION AGENDA
1. Discussion and consultation with the Town’s Attorneys
for legal advice and to concider the Town’s position and instruct its attorneys
concerning pending litigation in the following lawsuits: Vertes and Kleingarn v
Town of Cave Creek, CV2001-000612. The discussion will include the possible
settlement of one or more of the matters at issue in the litigation. 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
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 Town Marshal Acritelli regarding his office activities for the
Town of Cave Creek.
2.
Monthly
update regarding the status of a Community Center.
ACTION ITEMS
I.
CONSENT
AGENDA
A.
Accept Deed
of Gift from William Parker
B.
Accept Deed
of Gift from Christopher Cacheris
C.
Minutes of
the December 3, 2001 Regular Council Meeting
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 ARequest 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#
1.
DISCUSSION AND CONSIDERATION OF PROBLEMS ASSOCIATED WITH LOITERING ON
PUBLIC AND PRIVATE PROPERTY
Placed on the agenda by the Town
Council, Town of Cave Creek.
The Council will discuss the impact on the community
of problems associated with loitering on public and private property, and
possible means of addressing these issues. The Council may instruct the staff to
bring forward an ordinance addressing these problems. (This item is
continued from the January 7, 2002 Council Meeting.)
Public Comment
Council Action
Needed:
Motion to direct staff to bring forward
an ordinance addressing the problems associated with
loitering.
PAGE# ITEM#
P.1
2.
COUNCIL APPROVAL OF ADDITIONAL FUNDS TO SOUTHWEST RISK SERVICES FOR THE
SETTLEMENT OF CLAIMS AGAINST THE TOWN IN SC LANDBANK VERSUS TOWN OF CAVE CREEK,
ET AL.
Placed on the agenda by the Town Administration, Town of Cave Creek.
Council approval of additional funds in the amount
of $21,088.36 for the settlement of claims against the Town in SC Landbank
versus Town of Cave Creek, et al. (This item is continued from the
January 7, 2002 Council Meeting.)
Public Comment
Council Action
Needed:
Motion to approve payment of additional
funds to Southwest Risk Services in an amount of $21,088.36.
3.
RECONSIDERATION OF THE COUNCIL’S DECISION ON JANUARY 7, 2002 APPROVING A
PRELIMINARY PLAT FOR CASE NO. P-99-1, STAGECOACH PASS ESTATES
Placed on the agenda by the Town Council, Town of Cave Creek.
By request
of Vice-Mayor Mozilo on January 8, 2002 this item was placed on the agenda to
decide whether to grant the reconsideration at its January 22 meeting. A motion to reconsider may only be made
by a council member who voted to approve the Case on January 7. If a majority of the Council present
votes in favor of reconsideration, the actual hearing on the reconsideration
will be scheduled for a future meeting, in order to allow for the statutory
notice to be provided.
Public Comment
Council Action
Needed:
Motion to reconsider the Council’s
decision made on January 7, 2002, approving the Preliminary Plat, Case No.
P-99-1.
PAGE# ITEM#
P.5
4.
SECOND READING OF ORDINANCE O2002-03 AMENDING THE CAVE CREEK TOWN CODE
SECTION 50.062, USE OF PRIVATE WASTEWATER SYSTEMS; DISCONTINUANCE REQUIRED
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
This is a request for Council to approve or deny
giving Second Reading of an ordinance that would amend the Cave Creek Town Code
Section 50.062, Use of Private Wastewater Systems, Discontinuance
Required.
Public Comment
Council Action
Needed:
Motion to approve or deny giving Second
Reading to Ordinance O2002-03.
P.8
5.
AUTHORIZATION OF PURCHASE OF COPIER
Placed on the agenda by the Town Administration, Town of Cave Creek.
This is a request for the Council to authorize Staff
to purchase a photocopier from Hughes Calihan in an amount not to exceed
$17,793.00.
Public Comment
Council Action
Needed:
Motion to approve or deny the purchase
of a copier.
P.9
6.
AUTHORIZATION TO ENTER INTO A CONTRACT WITH A FIRM TO OPERATE THE
WASTEWATER TREATMENT PLANT
Placed on the agenda by the Engineering Department, Town of Cave
Creek.
This is a request for Council to authorize Staff to
enter into an agreement with Citizen’s Water Resources to operate the Wastewater
Treatment Plant for a 2-year period of a cost of $12,627.00 per
month.
Public Comment
Council Action
Needed:
Motion to approve or deny authorization of entering into a contract for
operations of the Wastewater Treatment Plant.
PAGE# ITEM#
P.10
7.
BID AWARD: INSTALLATION OF ROOF ON TOWN HALL BUILDING
Placed on
the agenda by the Engineering Department, Town of Cave Creek
This is a request for Council to award a bid to
Century Roofing as the lowest responsive, responsible bidder for the
installation of the roof on Town Hall in an amount not to exceed $21,949.23.
.
Public
Comment
Council Action Needed: Motion to approve or deny award of
bid.
P.17
8.
RESOLUTION R2002-02 VERTES DEVELOPMENT AGREEMENT
Placed on
the agenda by the Planning Department, Town of Cave Creek
This is a request for the Council to approve a
resolution to authorize the Mayor to execute a Development Agreement between the
Town of Cave Creek and Keith and Kay S. Vertes. The Development Agreement will
have the effect of settling litigation filed by the Vertes against the Town, and
will result in the dismissal of the litigation.
Public
Comment
Council Action
Needed: Motion to approve or deny approval of Resolution
R2002-02.
P.29
9.
RESOLUTION R2002-03 KLEINGARN DEVELOPMENT AGREEMENT
Placed on the agenda by the Planning Department, Town of Cave Creek.
This is a request for the Council to
approve a resolution to authorize the Mayor to execute a Development Agreement
between the Town of Cave Creek and Duane A. and Sallie E. Kleingarn. The
Development Agreement will have the effect of settling litigation filed by the
Kleingarns against the Town, and will result in the dismissal of the
litigation.
Public Comment
Council Action
Needed:
Motion to approve or deny approval of
Resolution R2002-03.
PAGE# ITEM#
10. RESOLUTION
R2002-01 DECLARING THE “TOWN OF CAVE CREEK ZONING ORDINANCE” AS A PUBLIC
RECORD
Placed on the agenda by the Planning Department, Town of Cave Creek.
This is a request for the Council to
approve a resolution to declare the “Town of Cave Creek Zoning Ordinance” as a
public record, three copies of which are on file with the Town Clerk.
(A motion to continue this
item will be requested so that further public work sessions can be
conducted.)
Public Comment
Council Action
Needed:
Motion to approve or deny approval of
Resolution R2002-01.
11. PUBLIC
HEARING AND FIRST READING OF ORDINANCE O2002-02 ADOPTION OF THE TOWN OF CAVE
CREEK ZONING ORDINANCE
Placed on the agenda by the Planning Department, Town of Cave Creek.
This is a request for the Council to
hold a public hearing and, if deemed appropriate, give first reading to the
ordinance, which would adopt the Town of Cave Creek Zoning Ordinance. (A motion to continue this item
will be requested so that further public work sessions can be conducted.)
Public Comment
Council Action Needed:
Following the Public Hearing, motion to approve or deny giving First
Reading to Ordinance O2002-02.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS
day of January,
2002
BY:
___________________________________
Carrie A. Dyrek, Town
Clerk