AMENDED 10/16/03

 

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, OCTOBER 20, 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

            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 the public bodies position in order to resolve pending litigation regarding Southwest Sands v. Town of Cave Creek (CV2002-023188).       

                        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.

 

There are no reports scheduled for this meeting.

 

ACTION ITEMS

 

 

I.            CONSENT AGENDA

 

A.Certification by Town Council of First Quarter Revenues collected in Fiscal Year 2004 by the Municipal Court pursuant to A.R.S. 12-116.04 in an amount of $29,510.25.

B.Deed of Gift for dedication to the Town of 15-feet of right-of-way at Ridgecrest Road west of Echo Canyon Road-Michael Phillips and Hilda Moy-Phillips

 

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.         DISCUSSION AND POSSIBLE ACTION REGARDING THE INITIATION OF A TEXT AMENDMENT TO THE ZONING CODE ALLOWING EQUESTRIAN USE ON PARCELS LESS THAN TWO ACRES.

 

Placed on the agenda by the Planning Department, Town of Cave Creek.

 

Public Comment

Council Action Needed:            Motion to direct Staff to initiate the process of a text amendment to the Zoning Code.

 

Narrative:            This is a request for Council to have discussion and give consideration to amending the Zoning Ordinance text regarding the parameters for equestrian uses in all residential zones. Currently equestrian use is allowed on parcels that are 2 acres and larger. This issue was placed on the agenda as a result of discussions between the Mayor and Town residents. If the Council directs Staff to initiate a text amendment the issue will go before the Planning Commission for review and recommendation prior to coming to Town Council for consideration.

 

P. 3

2.         DISCUSSION AND POSSIBLE ACTION TO APPROVE RESOLUTION R2003-16 REQUESTING THE REPEAL OF 2003 LEGISLATION REGARDING SHARING OF MUNICIPAL COURT COLLECTIONS.

 

Placed on the agenda by the Town Attorney, Town of Cave Creek.

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of Resolution R2003-16.

 

Narrative:  This is a request for Council discussion and consideration to approve a resolution requesting the repeal of 2003 legislation regarding sharing of Municipal Court collections.  ARS §12-116.04 requires each City and Town Council to certify the level of court collection to the State Treasurer. This legislation potentially diverts a substantial portion of the Municipal Court collections to the State General Fund to assist state agencies with the cost of state retirement and health insurance. 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

P. 4

3.         DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE EXPENDITURE OF FUNDS TO PURCHASE A PNEUMATIC TIRE ROLLER.

 

Placed on the agenda by the Engineering Department, Town of Cave Creek.

 

Public Comment

Council Action Needed:Motion to approve or deny approval to expend funds to purchase a pneumatic tire roller.

 

Narrative:  This is a request for Council discussion and consideration to authorize an expenditure in an amount not to exceed $45,699.27 to purchase a new Ingersoll-Rand Model PT-125R pneumatic tire roller. This item was budgeted at $40,000. The additional expenditure will be covered by the $15,000 savings on the grader rebuild approved at the October 6, 2003 Town Council meeting. This price includes the trade-in of the old roller.   

 

P. 14

4.         DISCUSSION AND POSSIBLE ACTION TO DIRECT STAFF TO SCHEDULE AND PREPARE FOR A SPECIAL WORK SESSION TO DISCUSS FIRE SERVICES, FEE STRUCTURES AND EMERGENCY SERVICES PROVIDED BY RURAL METRO AND DAISY MOUNTAIN FIRE.

 

Placed on the agenda by the Mayor, Town of Cave Creek.

 

Public Comment

Council Action Needed:Motion to direct Staff to schedule a Special Work Session to discuss fire services, emergency services and fee structures with Rural Metro and Daisy Mountain Fire District.

 

Narrative:  This is a request for Council to clarify and give direction to Staff as to whether or not a Special Work Session should be scheduled regarding fire services, emergency services and fee structures provided by Rural Metro and Daisy Mountain Fire District.

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

POSTED THIS          day of October, 2003

BY: ___________________________________                                                           

Carrie A. Dyrek, Town Clerk