7/11/03
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, JULY 21, 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 6:00 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 Gilbert Lopez, Grace Meeth, Terry Smith, Shea
Stanfield, Jay Williams.
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. 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)
Southwest
Sands v. TOCC (CV2002-023188)
Local
Government Investment Pool (LGIP) Intergovernmental Agreement
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 Adam Stein regarding his activities for the Town
of Cave Creek.
2. Report
on Black Mountain Summit by Mayor Vincent Francia.
ACTION ITEMS
I. CONSENT AGENDA
Approval of
the June 16, 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. FIRST READING OF ORDINANCE O2003-03
LEVYING UPON THE ASSESSED VALUATION OF PROPERTY WITHIN THE TOWN OF CAVE CREEK,
ARIZONA, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS
($100.00) OF SECONDARY ASSESSED VALUATION SUFFICIENT TO RAISE THE AMOUNT
NECESSARY TO PAY PRINCIPAL AND INTEREST ON, AND REGISTRATION COSTS OF,
OUTSTANDING GENERAL OBLIGATION BONDS OF THE TOWN (SPUR CROSS RANCH), LESS THE
AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; ALL FOR THE
FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2004 AND DECLARING AN
EMERGENCY
PAGE# ITEM#
Placed on the
agenda by the Town Administration, Town of Cave Creek
This
is a request for Council to give first reading to Ordinance O2002-32 levying
upon the assessed valuation of property within the Town of Cave Creek a certain
sum
upon each one hundred dollars ($100.00) of valuation, and declaring an
emergency. This is the ordinance that authorizes the Town to collect the
property tax to pay for Spur Cross Ranch bonds this fiscal year.
Public Comment
Council
Action Needed: Motion to
approve or deny the first reading of Ordinance O2003-03.
P. 3
2. APPROVAL
OF A LOT SPLIT (CASE NO. L-03-12)
Placed on the
agenda by the Planning Department, Town of Cave Creek.
This
is a request for Council to approve a lot split of a 1.46 acre parcel into
three separate parcels. The property is
located north of Skyline alignment at the west side of School House Road,
parcel 211-10-003. The property is zoned R-18 residential and the applicant is
Keith Vertes.
Public
Comment
Council
Action Needed: Motion
to approve or deny the lot split.
P. 22
3. PUBLIC HEARING AND ADOPTION OF
RESOLUTION R2003-12 APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE
TOWN’S PARTICIPATION IN LITIGATION REGARDING LOSSES SUFFERED BY THE LOCAL
GOVERNMENT INVESTMENT POOL (LGIP)
Placed on the agenda by the
Town Attorney, Town of Cave Creek.
This is a request for Council
to approve the IGA between the Attorney General and the Town of Cave Creek
providing for the Town’s participation in litigation to recover Town funds lost
in the LGIP.
Public Hearing
Council
Action Needed: Motion to approve or deny approval of Resolution
R2003-12.
PAGE# ITEM#
P. 39
4. RATIFICATION OF CONTRACTS AND/OR
APPOINTMENT OF TOWN MANAGER, TOWN ATTORNEY AND TOWN PROSECUTOR
Placed on the agenda by the Town
Administration, Town of Cave Creek.
This
is a request to have Council ratify the appointment and/or contract of the Town
Manager, Town Attorney and Town Prosecutor as required by law as one Council
can not take action that binds another Council.
Public Comment
Council
Action Needed: Motion
to ratify the appointment and/or contract for the Town Manager, Town Attorney
and Town Prosecutor.
P. 41
5. FIRST READING OF ORDINANCE O2003-04
AMENDING THE TOWN OF CAVE CREEK SUBDIVISION ORDINANCE ARTICLE 12, ENGINEERING
PLANS
Placed on the agenda by
Engineering Department, Town of Cave Creek.
This
is a request for Council give First Reading to an ordinance amending Article
12, Section 3 of the Subdivision Ordinance. Several changes were recommended by
the Town Attorney to strengthen the Assurance Agreements provided to the Town
by Subdividers.
Public Comment
Council
Action Needed:Motion
to approve or deny approval of the First Reading of Ordinance O2003-04.
P. 52
6. FIRST READING OF ORDINANCE O2003-05
AMENDING TITLE III, ADMINISTRATION, CHAPTER 32: POLICE DEPARTMENT BY REPEALING
SECTIONS 32.01 THROUGH 32.07 AND ADOPTING NEW SECTIONS 32.08 THROUGH 32.14
Placed on the agenda by the Town
Attorney, Town of Cave Creek
This
is a request for the Council to give First Reading to an ordinance amending the
Town Code regarding Police Department to correctly reflect duties and
responsibilities related to Police functions.
Public Comment
Council
Action Needed: Motion
to approve or deny approval of the First Reading of Ordinance O2003-05.
SUMMARY OF CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED THIS day of July,
2003
BY:
___________________________________
Carrie A. Dyrek,
Town Clerk