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
MARCH 5, 2007
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.
Mayor Vincent Francia,
Vice-Mayor Dick Esser, Council
Members Kim Brennan, Ernie Bunch, Gilbert Lopez,
Thomas McGuire, and Grace Meeth
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
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
Action Needed: Motion to
convene into Executive Session.
Public Meeting will begin at 7:00 p.m. following the Executive Session.
– General Announcements of interest to members of Council and the public. There will be no discussion on any
CALL TO THE PUBLIC
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
There are no reports scheduled for this meeting.
<![endif]>Approval of the February 5, 2007 Regular Council
Council Action Needed: Motion
to approve the Consent Agenda.
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.
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
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
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
an emergency making the action effective immediately.
2. FINANCIAL STATUS REPORT ON FISCAL YEAR
Groeneveld, Town Accountant – Overview of Town Financial
Dave Green, CH2M Hill – Water and
Wastewater Financial Overview.
Placed on the agenda by the Town
Manager, Town of Cave Creek
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.
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 -
Placed on the agenda by vote of the
Council taken at the February 20, 2007 Regular Town Council Meeting to
reconsider this item.
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.
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
Action Needed: Motion to award bid to Bunger Steel for
the purchase of a steel building with all needed services included not to
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.
CURRENT EVENTS BY MAYOR
POSTED THIS _________ day of March, 2007
Carrie A. Dyrek,