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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.

 

 

 

 

 

 

 

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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.

 

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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.

 

 

 

 

 

 

 

 

 

 

 

 

 

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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