3/31/03
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, APRIL 7, 2003
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 6:30 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 6:30 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), (4) and
(7) as follows:
EXECUTIVE SESSION AGENDA
1. Advice
and 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
vs. Town of Cave Creek (CV2002-022997)
Desert Creek Properties Ltd. v. Town of Cave Creek
(CV2002-002232)
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.
MAYORAL
PROCLAMATIONS:
The Mayor
will proclaim April 25, 2003 as Arbor Day in the Town of Cave Creek.
The Mayor
will proclaim the month of April as Child Abuse Prevention Month.
The Mayor
will proclaim the month of April as Donate Life Month.
PRESENTATION:
The Phoenix Greyhound Racing Foundation will present $1,000 raised during
charity racing days in the Town of Cave Creek to the Foothills Food Bank.
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.
ACTION ITEMS
I. CONSENT AGENDA
1. Approval
of March 17, 2003 Regular Council Meeting Minutes.
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. APPOINTMENT OF PLANNING COMMISSIONERS
Placed on the
agenda by the Planning Department, Town of Cave Creek.
This
is a request for Council to appoint two citizens to fill two current vacancies
on the Planning Commission. Both appointments would be for a 3-year term ending
December 31, 2005.
Public
Comment
Council
Action Needed: Motion
to appoint 2 citizens to the Planning Commission for a 3-year term ending Dec.
31, 2005.
P.8
2. AUTHORIZATION
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF CAVE CREEK AND
MARICOPA COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT TO PROVIDE CERTAIN EMERGENCY
SERVICES
Placed
on the agenda by the Town Administration, Town of Cave Creek.
This is a request for Council authorization to enter into an IGA with
the County for Emergency Planning Services and certain other emergency
services.
Public Comment
Council
Action Needed: Motion
to approve or deny authorization to enter into the IGA with Maricopa County for
Emergency Services.
P.16
3. RATIFICATION OF EMERGENCY EXPENDITURES
FROM WASTEWATER TREATMENT PLANT CONTINGENCY FUNDS
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
This
is a request for the Council to ratify expenditures from the Wastewater
Operations Contingency Fund for emergency treatment sludge hauling in an amount
of $12,812.00.
Public Comment
Council
Action Needed: Motion to approve or
deny ratification of expenditure of funds in an amount of $12,812.00 from the
Wastewater Operations Contingency Fund.
PAGE# ITEM#
P.18
4. AUTHORIZATION OF EXPENDITURE OF FUNDS
TO CHIP SEAL CAREFREE HWY AND 26TH STREET IN ACCORDANCE WITH THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
This
is a request for the Council to authorize the expenditure of funds in an amount
not to exceed $37,982.37 for Carefree Hwy and $22,360.72 for 26th
street for chip sealing of roads in accordance with the IGA between the Town
and Maricopa County Department of Transportation.
Public Comment
Council
Action Needed: Motion to approve or
deny authorization of expenditure of funds in an amount not to exceed
$37,982.37 for Carefree Hwy and not to exceed $22,360.72 for 26th
Street.
P.30
5. APPROVAL OF RESOLUTION R2003-04
ABANDONING A ROADWAY EASEMENT
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
This is a request for Council
to approve a resolution that would abandon 33 feet of Hudson Road Easement
around the exterior of Section 23 within parcels 216-20-021A and 216-20-021B.
Public Comment
Council
Action Needed: Motion to approve or deny approval of Resolution
R2003-04.
PAGE# ITEM#
P.37
6. AUTHORIZATION OF EXPENDITURES FROM
WASTEWATER TREATMENT PLANT CONTINGENCY FUNDS FOR WALL CONSTRUCTION
Placed on the agenda by the
Engineering Department, Town of Cave Creek.
This
is a request for authorization to expend funds from the Wastewater Treatment
Plant Contingency Funds in an amount not to exceed $12,000.00 to construct a
wall at the treatment plant and other work as required by a Court Order. Work
will be completed by May 24, 2003.
Public Comment
Council
Action Needed: Motion to approve or
deny authorization of expenditure of Wastewater Treatment Plant Contingency
Funds in an amount not to exceed $12,000.00.
P.41
7. APPROVAL OF RESOLUTION R2003-05
DECLARING THE “2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF CAVE CREEK” A
PUBLIC RECORD
Placed on the agenda by the
Town Administration, Town of Cave Creek.
This is a request for Council
to approve a resolution that would declare the “2002 Amendments to the Tax Code
of the Town of Cave Creek” a public record.
Public Comment
Council
Action Needed: Motion to approve or deny approval of Resolution
R2003-05.
P.42
8. APPROVAL OF FIRST READING OF
ORDINANCE O2003-02 RELATING TO LICENSE TAX; ADOPTING THE “2002 AMENDMENTS TO
THE TAX CODE OF THE TOWN OF CAVE CREEK” BY REFERENCE; ESTABLISHING AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS
Placed on the agenda by the
Town Administration, Town of Cave Creek.
This is a request for Council
to approve or deny approval of First Reading of an ordinance that would adopt
the “2002 Amendments to the Tax Code of the Town of Cave Creek” by reference.
Public Comment
Council
Action Needed: Motion to approve or deny approval of First Reading
of Ordinance O2003-02.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of April,
2003
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk