AMENDED 3/4/05

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, MARCH 7, 2005

 

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 5:30 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), (4) and (7).

 

CALL TO ORDER 5:30 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) and (7) as follows:

                                    EXECUTIVE SESSION AGENDA

1.      Discussion and consultation with the Town’s Attorney to consider its position and instruct its attorneys in order to resolve current litigation:

                                    a.   Seginski v. Town (CV2001-008063).         

2.   Discussion and consultation with the Town’s Attorney to consider its position   and instruct its attorneys regarding the acquisition of the Cave Creek Water Company.

                        A.R.S. Section 38-431.03(A)(3), (4) and (7).

 

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

 

PUBLIC ANNOUNCEMENTS – General Announcements of interest to members of Council and the public.  There will be no discussion on any announcements.

 

PRESENTATION – Trevor Hill of Global Water Resources will address Council regarding their recent acquisition of the Cave Creek Water Company.

 

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

There are no reports scheduled.

 

ACTION ITEMS

I.                   CONSENT AGENDA

There are no items scheduled for approval.

 

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.      COUNCIL WILL CONSIDER A MOTION FOR RECONSIDERATION OF AN AGENDA ITEM CALLING FOR DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2005-05 SUPPORTING THE CONCEPTUAL PLAN FOR DESERT HILLS PREPARED BY THE ARIZONA STATE LAND DEPARTMENT DATED FEBRUARY 2005.

 

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

 

Council Action Needed:      Motion to approve or deny approval of motion to reconsider.

 

Narrative:  Pursuant to Arizona’s open meeting law and Robert’s Rule of Order a motion for reconsideration requested by Councilwoman Meeth is in order at this meeting to bring back on to the table a matter that was continued for a period of 60 days at the February 22, 2005 Town Council meeting.  The motion to continue for 60 days passed by a vote of 4 to 3, and anyone of the members who voted for the continuation may bring forward this evening a motion for reconsideration. Should the motion for reconsideration receive 4 or more affirmative votes then the matter can be discussed and possible action can be taken on the evening of March 7, 2005.

 

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P. 2

2.         DISCUSSION AND POSSIBLE APPROVAL OF RESOLUTION R2005-05 SUPPORTING THE CONCEPTUAL PLAN FOR DESERT HILLS, PREPARED BY THE ARIZONA STATE LAND DEPARTMENT IN FEBRUARY 2005. (This is being reconsidered by the Council due to a favorable motion for reconsideration.  Should the motion for reconsideration fail, then this item will not be acted upon and will be continued for possible action on the May 2, 2005 agenda.)

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny approval of Resolution R2005-05.

 

Narrative:  This is a request for Council to discuss and possibly approve a resolution that supports the Conceptual Plan for Desert Hills as prepared for the Arizona State Land Department in February 2005.

 

P. 4

3.         DISCUSSION AND POSSIBLE AUTHORIZATION TO EXPEND FUNDS FOR RUBBERIZED CHIP SEAL ROAD WORK AND ABC MATERIAL FOR DOUBLE CHIP SEAL ROAD WORK UTILIZING THE STRATEGIC ALLIANCE OF VALUME EXPENDITURES (S.A.V.E.) AGREEMENT WITH THE VALLEY SCHOOL DISTRICTS.

 

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

 

Public Comment

Council Action Needed:            Motion to approve or deny approval authorizing the expenditure of funds not to exceed $137,280.00 for rubberized chip seal for Cave Creek Road and not to exceed $114,750.00 for ABC material for the Double Chip Seal work of unimproved roadways to be contracted with Sunland Asphalt. This includes $2,000.00 of the contingency allowance for roadwork.

 

 

 

 

Narrative:  This is a request for Council to discuss and possibly authorize the expenditure of funds not to exceed $137,280.00 for rubberized chip seal for Cave Creek Road and not to exceed $114,750.00 for ABC material for the Double Chip Seal work of unimproved roadways to be contracted with Sunland Asphalt. This includes $2,000.00 of the contingency allowance for roadwork.  These purchases are under the S.A.V.E. agreement with the Valley school districts.

 

 

 

SUMMARY OF CURRENT EVENTS BY MAYOR

 

ADJOURNMENT

 

POSTED THIS  _________ day of March, 2005

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk