5/17/07

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, MAY 21, 2007

 

CALL TO ORDER 7:00 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

 

            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 discussing or 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:

A.        CONSENT AGENDA

1.         Approval of the May 7, 2007 Regular Council Meeting Minutes.

 

Council Action Needed:         Motion to approve the Consent Agenda.

 

 

 

 

B.        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 hand it to the Town Clerk.  The Town Clerk will call your name at the appropriate time.  Please limit your comments to three (3) minutes. Copies of any reports, photographs, diagrams, charts, maps, or other materials presented to the Council must also be given to the Town Clerk for inclusion in the Official Town Record.

 

Town Council will recess at this time in order to convene the Desert Hills Water Company Board of Directors Meeting.

 

COUNCIL ACTION NEEDED:        Motion to recess the Town Council meeting in order to convene the Desert Hills Water Company Board of Directors Meeting.

 

Following the Desert Hills Water Company Board of Directors Meeting, the Town Council will reconvene their Council Meeting.

 

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P.1

1.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO RATIFY THE AMENDMENT TO THE TRANSFER AGREEMENT BETWEEN THE DESERT HILLS WATER COMPANY, INC. AND THE TOWN OF CAVE CREEK DATED NOVEMBER 7, 2006 TO CHANGE THE CLOSING DATE TO A DATE NO LATER THAN JUNE 15, 2007.

 

            Placed on the agenda by the Towns Attorneys, Town of Cave Creek

           

Public Comment

Council Action Needed:         Motion to ratify the Amendment to the Transfer Agreement between the Desert Hills Water Company, Inc. and the Town of Cave Creek dated November 7, 2006 to change the Closing Date to a date no later than June 15, 2007.

 

Narrative:  The Town Council entered into a Transfer Agreement between the Town and Desert Hills Water Co., Inc. on November 7, 2006. This action is a ratification of the Amendment to the Transfer Agreement to change the Closing Date to a date no later than June 15, 2007.

 

 

 

 

 

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2.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO APPROVE RESOLUTION R2007-10, ACTING AS SOLE SHAREHOLDER, AMENDING THE DESERT HILLS WATER COMPANY ARTICLES OF INCORPORATION, CHANGING THE STATUTORY AGENT OF THE COMPANY AND DECLARING AN EMERGENCY.

 

            Placed on the agenda by the Towns Attorneys, Town of Cave Creek

           

Public Comment

Council Action Needed:         Motion to approve Resolution R2007-10, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, acting as Sole Shareholder, amending the Desert Hills Water Company (The “Company”) Articles of Incorporation, changing the Statutory Agent of the Company, and declaring an emergency.

 

Narrative:  The Town Council is requested to approve a resolution that reaffirms that the Desert Hills Water Company shall distribute to the Town of Cave Creek all profits of the Company on a current basis and upon dissolution of the Company any assets remaining after liabilities will be distributed to the Sole Shareholder, the Town of Cave Creek, Arizona. This resolution includes an emergency clause.

 

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3.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO ACCEPT THE TRANSFER OF ASSETS FROM THE DESERT HILLS WATER COMPANY PURSUANT TO SECTION 1.1 OF THE ASSET TRANSFER AGREEMENT

 

            Placed on the agenda by the Towns Attorneys, Town of Cave Creek

           

Public Comment

Council Action Needed:         Motion to accept the transfer of assets from the Desert Hills Water Company pursuant to Section 1.1 of the Asset Transfer Agreement.

 

Narrative:  The Arizona Corporation Commission has approved the transfer of assets from the Company to the Town pursuant to the Asset Purchase Agreement. The Town Council is requested to accept the transfer of assets from the Desert Hills Water Company according to the terms of the Asset Transfer Agreement dated November 7, 2006 between the Town and Desert Hills Water Company.

 

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4.         COUNCIL DISCUSSION AND POSSIBLE ADOPTION OF ORDINANCE O2007-09 AMENDING THE TOWN CODE OF THE TOWN OF CAVE CREEK BY ADDING CHAPTER 52 WATER ADDING SECTION 52.001 RATES, FEES AND CHARGES, ADDING SECTION 52.002 CITIZENS WATER ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

 

            Placed on the agenda by the Towns Attorneys, Town of Cave Creek.

           

Public Comment

Council Action Needed:         1)Motion to suspend the rules and dispense with the rule requiring two readings of an ordinance allowing immediate passage of the ordinance should Council vote in the affirmative.

2) Motion to adopt Ordinance O2007-09 an Ordinance of the Mayor and Common Council of the Town of Cave Creek, Maricopa County, Arizona, amending the Town of Cave Creek Town Code by adding Chapter 52 Water, adding Section 52.001 Rates, Fees and Charges, adding Section 52.002 Citizens Water Advisory Committee; providing for severability; and declaring an emergency.

 

Narrative:   Council will discuss and possibly adopt an ordinance amending the Cave Creek Town Code in order to add Chapter 52 Water, Section 52.001 Rates, Fees and Charge and Section 52.002 Citizens Water Advisory Committees. In order to allow immediate passage, Council must first vote to suspend the rules and dispense with the rule requiring passage by two readings of the ordinance. This ordinance includes an emergency clause.

 

 

 

 

 

 

 

 

 

 

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5.         PRESENTATION BY REPRESENTATIVES OF THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT REGARDING THEIR ORGANIZATION AND THEIR ROLE IN THE COMMUNITY OF CAVE CREEK, COUNCIL DISCUSSION AND POSSIBLE ACTION TO ADOPT RESOLUTION R2007-11 AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT AND NOTICE OF MUNICIPAL PROVIDER FOR ALL FUTURE SUBDIVISIONS REGARDING MEMBERSHIP IN THE CENTRAL ARIZONA GROUNDWATER REPLENISHMENT DISTRICT.

 

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

           

Public Comment

Council Action Needed:         Motion to approve Resolution R2007-11, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona authorizing the Town Manager to execute an Agreement and Notice of Municipal Provider for all future subdivisions in the Central Arizona Groundwater Replenishment District.

 

Narrative:  The Central Arizona Water Conservation District representatives will present information about their District and their role in the community pertaining to 100 year Assured Water Supply Certificates. Following the presentation, the Council will discuss and possibly approve a resolution authorizing the Manager to enter into an agreement enrolling the Town as a member of the Central Arizona Groundwater Replenishment District (CAGRD).

 

SEPARATE DOCUMENT

6.         PUBLIC HEARING AND POSSIBLE ADOPTION OF FISCAL YEAR 2007-2008 TENTATIVE BUDGET

 

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

 

                        Public Hearing

Council Action Needed:         Motion to adopt the tentative budget for Fiscal Year 2007-2008.

 

Narrative:       This is a request for Council to hold a Public Hearing and adopt the tentative budget for Fiscal Year 2007-2008. Adoption of the tentative budget caps the total expenditures of the Fiscal Year 2007-2008 budget. Following the approval of the Tentative Budget, expenditures can be moved or lowered within the budget, but the overall total expenditures cannot be increased.

 

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7.         DISCUSSION AND POSSIBLE ACTION TO RECOMMEND APPROVAL OF A PROBATE/WILL TRANSFER OF A #12 RESTAURANT LIQUOR LICENSE APPLICATION FOR BOB HAAS’ THE CRACKED CRAB

 

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

 

                        Public Comment

Council Action Needed:         Motion to recommend approval or denial of the Probate/Will Transfer of a #12 Restaurant Liquor License application requested by Robert Haas, as agent for Bob Haas’ The Cracked Crab.

 

Narrative:       This is a request for Council to recommend to the Department of Liquor License and Control approval or denial of a Probate/Will Transfer of a #12 Restaurant liquor license requested by Bob Haas, due to the recent death of his wife.

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8.         COUNCIL DISCUSSION AND POSSIBLE ACTION TO GIVE FIRST READING TO ORDINANCE O2007-08 AMENDING THE TOWN CODE, TITLE V, PUBLIC WORKS, CHAPTER 5, SEWERS: GENERAL PROVISION BY ADDING A NEW SECTION 51.084 INCLUDING VOLUME CHARGES FOR EXCESS BOD AND TSS AND SEWER UTILITY FEES.

 

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

           

Public Comment

Council Action Needed:         Motion to give First Reading to Ordinance O2007-08, an Ordinance of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, amending the Town Code, Title V, Public Works, Chapter 5, Sewers: General Provision by adding a new Section 51.084 including Volume Charges for excess BOD and TSS and Sewer Utility Fees.

Narrative:  The Council is requested to give First Reading to  an ordinance that would add fees for users of the Wastewater Utility that exceed certain Biochemical Oxygen Demand (BOD)  and Total Suspended Solids (TSS) Levels.

SUMMARY OF CURRENT EVENTS BY MAYOR

ADJOURNMENT

POSTED THIS  _________ day of May, 2007

BY: ___________________________________                                                           

Carrie A. Dyrek, Town Clerk