AMENDED 9/29/04

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 4, 2004

 

CALL TO ORDER 6:00 P.M.  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) & (4) as follows:

                                   

EXECUTIVE SESSION AGENDA

            1.                     Discussion or consultation with the attorney’s of the public body for legal advice and in order to consider its position and instruct its attorneys regarding the public body’s position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.

A.     Bureau of Land Management Patent Easements and Abandonments

B.     Southwest Sands v. Town of Cave Creek, CV2002-023188

 

            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

 

PRESENTATION: Presentation of funds to Town Community Service organizations, Cave Creek Museum, Desert Foothills Library, Cave Creek Merchants Chamber of Commerce and Foothills Animal Rescue.

 

 

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

 

1.         Don Sorchych will report on the Cave Creek Merchants Chamber activities.     

 

ACTION ITEMS

 

I.                   CONSENT AGENDA

                        A. Approval of September 20, 2004 Regular Town 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.         DISCUSSION AND POSSIBLE SECOND READING OF ORDINANCE O2004-31 AMENDING THE CAVE CREEK TOWN CODE CHAPTER 2 MAYOR AND COUNCIL, SECTIONS 30.02 TERM OF OFFICE AND SECTION 30.20 ELECTION TO PROVIDE FOR STAGGERED FOUR (4) YEAR TERMS FOR MAYOR AND COUNCIL STARTING WITH THE PRIMARY AND GENERAL ELECTIONS OF MARCH AND MAY 2007 AND SUBJECT TO VOTER RATIFICATION AT THE MAY 17TH, 2005 GENERAL ELECTION.

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny Second Reading of Ordinance O2004-31.

Narrative:  This is a request for Council discussion on whether or not to approve an ordinance that would provide for staggered four year terms for Mayor and Council starting with the Primary and General Elections of March and May 2007 and subject to voter ratification at the May 17^, 2005 General Election.

PAGE# ITEM#

P.3

2.         AUTHORIZATION TO CALL SEWER IMPROVEMENT DISTRICT #2 BONDS, AUTHORIZATION OF AN ADVANCE FROM THE GENERAL FUND TO THE SEWER IMPROVEMENT DISTRICT #2 AND AUTHORIZATION OF A BUDGET TRANSFER FROM WASTEWATER TREATMENT PLANT CONTINGENCY FUND TO THE SEWER IMPROVEMENT DISTRICT #2

 

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

 

                        Public Comment

Council Action Needed:            STAFF RECOMMENDS COUNCIL’S MOTION INCLUDE THE FOLLOWING:

 

A.                 Authorize calling $300,000 of outstanding bonds for the Sewer Improvement District #2, Improvement Bond Series 1993 on redemption date 1/1/2005.

B.                 Authorize a Budget Transfer from the WWTP Contingency Fund to the Sewer Improvement District #2 Fund not to exceed $270,000, and

C.                 Authorize an advance from the General Fund to the Sewer Improvement District #2 Fund not to exceed $240,000 to provide payment of the Bond Call.  No premium is charged for Redemption Date 1/1/2005.

 

Narrative:            This is a request for Mayor and Council to authorize calling $300,000 of outstanding bonds for the Sewer Improvement District #2, Improvement Bond Series 1993 on redemption date 1/1/2005 to JP Morgan Trust Company; to authorize a Budget Transfer from the WWTP Contingency Fund to the Sewer Improvement District #2 Fund not to exceed $270,000, and to authorize an advance from the General Fund to the Sewer Improvement District #2 Fund not to exceed $240,000 to provide payment of the Bond Call.  No premium is charged for Redemption Date 1/1/2005.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PAGE# ITEM#

 

P.

3.         BID AWARDS: AUTHORIZATION TO AWARD BIDS FOR DOUBLE CHIP SEAL OF UNIMPROVED ROADWAYS, SEAL COATING OF IMPROVED ROADWAYS AND ASPHALT CONCRETE OVERLAY.

 

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

 

                        Public Comment

Council Actions Needed:           

 

A.     Authorize award of bid and expenditure of funds to Sunland Asphalt for double-chip sealing of unimproved roadways in an amount not to exceed $157,564.69 through our purchasing agreement with Strategic Alliance Volume Expenditures (S.A.V.E.).

B.     Authorize award of bid and expenditure of funds to Sunland Asphalt for TRMSS Seal coating of improved roadways in an amount not to exceed $65,128.94 through our purchasing agreement with S.A.V.E.

C.     Authorize award of bid and expenditure of funds to Wheeler Construction as the lowest responsive bidder for 1-inch asphalt concrete overlay in an amount not to exceed $11,866.83.

 

 

Narrative:            This is a request for Mayor and Council to authorize bid awards for double chip seal of unimproved roadways, seal coating of improved roadways and asphalt concrete overlay.

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

POSTED THIS  _________ day of September, 2004

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk