AMENDED 3/2/07

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 5, 2007

 

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), (4) and (7).

 

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 Dick Esser, Council Members Kim Brennan, Ernie Bunch, Gilbert Lopez, Thomas McGuire, and Grace Meeth

 

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 lawyers for legal advice and discussion and consultation with designated representatives of the public body in order to consider its position and instruct its attorneys and representatives regarding the following:

                                    a. Cave Creek Water Company and related Issues, including acquisition matters and litigation proceedings pursuant to 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.

 

 

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 for this meeting.   

 

 

ACTION ITEMS:

 

I.                   CONSENT AGENDA

A.                 Approval of the February 5, 2007 Regular Council Meeting Minutes.

 

Council Action Needed:         Motion to approve 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#

AMENDED

1.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO APPROVE RESOLUTION R2007-04 AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT BY AND AMONG THE TOWN AND CAVE CREEK WATER CO., PACER EQUITIES CO. AND GLOBAL WATER RESOURCES, LLC AND AUTHORIZING THE MAYOR TO ENTER INTO A BARGAIN SALE AGREEMENT BY AND AMONG THE TOWN AND CAVE CREEK WATER CO. AND PACER EQUITIES CO. TO ACQUIRE ALL OF THEIR WATER UTILITY ASSETS FOR THE PRICE OF $19,500,000 (SUBJECT TO AN INCREASE OR DECREASE FOR PRO-RATIONS, A $50,000 ADJUSTMENT CHARGE AND A POSSIBLE PRICE INCREASE OF $1,000,000 IF PRICE NOT PAID BY AUGUST 15, 2007), AND AUTHORIZING THE MAYOR AND THE TOWN MANAGER TO TAKE ALL ACTIONS NECESSARY AND SIGN ALL DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENTS, INCLUDING ENTERING INTO A LETTER AGREEMENT WITH THE ARIZONA CORPORATION COMMISSION IN WHICH THE TOWN AGREES TO BE INTERIM MANAGER OF SABROSA WATER COMPANY, AND DECLARING AN EMERGENCY.

 

            Placed on the agenda by the Town’s Attorneys, Town of Cave Creek

           

Public Comment

Council Action Needed:

Motion to approve Resolution R2007-04, Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona authorizing the Mayor to enter into a Settlement Agreement by and among the Town and Cave Creek Water Company, Pacer Equities Company and Global Water, LLC and authorizing the Mayor to enter into a Bargain Sale Agreement by and among the Town and Cave Creek Water Company and Pacer Equities Company to acquire all of their water utility assets for the price of $19,500,000 (subject to an increase or decrease for pro-rations, a $50,000 adjustment charge and a possible price increase of $1,000,000 if the price is not paid by August 15, 2007), and authorizing the Mayor and the Town Manager to take all actions necessary and sign all documents necessary to implement the agreements, including entering into a letter agreement with the Arizona Corporation Commission in which the Town agrees to be Interim Manager of Sabrosa Water Company, and declaring an emergency.

Narrative:  This is a request for the Council to authorize the Mayor and Manager to sign a Settlement Agreement and a Bargain Sale Agreement and take all actions necessary to implement the agreements in order to settle the pending condemnation action against Cave Creek Water Company and Pacer Equities Company, and to acquire their water utility assets for a price of $19.5 million with an adjustment fee of $50,000, subject to an increase or decrease for pro-rations, and a potential $1 million price increase if the price is not paid in full prior to August 15, 2007, authorizing the Mayor and the Town Manager to take all actions necessary and sign all documents necessary to implement the agreements, including entering into a letter agreement with the Arizona Corporation Commission in which the Town agrees to be Interim Manager of Sabrosa Water Company and declare an emergency making the action effective immediately.

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2.         FINANCIAL STATUS REPORT ON FISCAL YEAR 2006-2007

            Marian Groeneveld, Town Accountant – Overview of Town Financial Status

            Dave Green, CH2M Hill – Water and Wastewater Financial Overview.

 

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

           

Public Comment

Council Action Needed:         No action is required by Council on this item.

Narrative:  This is a financial status update by the Town’s Accountant on the first 6 months of the Fiscal Year 2006-2007. Included in the presentation will be a Water and wastewater Financial Overview by the Town’s consultant Dave Green of CH2M Hill.

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3.         COUNCIL DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE O2007-02, AMENDING THE TOWN CODE, TITLE I – GENERAL PROVISIONS, CHAPTER 10 – GENERAL PROVISIONS, SECTION 10.05 – DEFINITIONS AND TITLE XIII – GENERAL OFFENSES, CHAPTER 130 – GENERAL OFFENSES, SECTION 130.07 - NUISANCES.

 

            Placed on the agenda by vote of the Council taken at the February 20, 2007 Regular Town Council Meeting to reconsider this item.

           

Public Comment

Council Action Needed:         Motion to give First Reading of Ordinance O2007-02 an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the Town Code, Title I – General Provisions, Chapter 10 – General Provisions, Section 10.05 – Definitions and Title XIII – General Offenses, Chapter 130 – General Offenses, Section 130.07 – Nuisances.

 

Narrative:  By a majority vote of the members of the Town Council taken at the February 20, 2007 Town Council Meeting this ordinance is being reconsidered. Council will discuss and possibly give First Reading to the Nuisance Ordinance.

 

 

 

P.18

4.         BID AWARD FOR PURCHASE OF STEEL BUILDING FOR STORAGE OF VEHICLES, TOOLS, AND EQUIPMENT FOR DESERT HILLS WATER COMPANY.

 

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

           

Public Comment

Council Action Needed:         Motion to award bid to Bunger Steel for the purchase of a steel building with all needed services included not to exceed $33,486.89.

 

Narrative:  This is a request for the Council to award a bid to Bunger Steel to purchase a steel building for storage at Desert Hills Water Company.

SUMMARY OF CURRENT EVENTS BY MAYOR

ADJOURNMENT

 

POSTED THIS  _________ day of March, 2007

 

 

BY: ___________________________________                                                          

Carrie A. Dyrek, Town Clerk