7/11/07
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,
JULY 16, 2007
CALL TO ORDER
7:00 P.M. Vincent
Francia, Mayor, 37622
N. Cave Creek Road, Cave Creek, AZ 85331.
ROLL CALL
Mayor Vincent Francia,
Vice-Mayor Gilbert Lopez, Council Members Kim Brennan,
Ernie Bunch, Dick
Esser, 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.
ACTION ITEMS:
A. CONSENT AGENDA
1. Approval of the June 4, 2007 Regular
Council Meeting Minutes.
2. Approval of the June 18, 2007 Regular
Council Meeting Minutes.
3. Cancellation of August 6, 2007 Regular
Town Council Meeting.
4. Approval of Lot Split requested by John
F. and Jackie M. Heffernan to split an existing 1.74 acre parcel into two
separate parcels; Assessor’s Parcel Number 211-17-011G.
5. Approval of Deed of Gift to the Town
for a dedicated easement for roadway, ingress, egress and public utilities
purposes over, under and across the south 30 feet of the east 300 feet of the
west 315 feet of the south half of the east half of the southeast quarter of
the northwest quarter of Section 6, Township 5 North, Range 4 East; Assessor’s
Parcel 211-48-058; Grantors are Douglas and Dolores Brown.
6. Deed of Gift to the Town for a
dedication of a 12-foot non-motorized pedestrian/equestrian trail easement over
a part of Lot 1, Village at Miravista (MCR 408-25); Section 21, Township 6
North, Range 4 East; Assessor’s Parcel 211-02-023. Grantors are Usama and Juman
Abujbarah.
7. Approval of Town Manager’s request to
appoint Ralph Mozilo to the Citizen Water Advisory Committee to replace Glenn
Fahringer. Glenn Fahringer will continue to participate as a Staff liaison to
the Committee.
8. Approval of Town Manager’s request to
appoint Gabe Royer to the Citizen Water Advisory Committee to replace Shelly
Anderson.
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.
PAGE# ITEM#
P.1
1. COUNCIL DISCUSSION AND POSSIBLE AUTHORIZATION FOR THE
MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF CAVE
CREEK AND MARICOPA COUNTY SHERIFF’S OFFICE FOR LAW ENFORCEMENT SERVICES FOR THE
PERIOD JULY 1, 2007 THROUGH JUNE 30, 2010.
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to authorize the
Mayor to enter into an Intergovernmental Agreement between the Town and
Maricopa County Sheriff’s Office for law enforcement services for the period
July 1, 2007 through June 30, 2010.
Narrative: Council discussion and possible authorization for
the Mayor to enter into an IGA with the Sheriff’s Office for law enforcement
services. The existing IGA is expiring so the renewal of an IGA requires
Council’s approval.
PAGE# ITEM#
P.16
2. DISCUSSION AND POSSIBLE APPROVAL OF SECOND
READING OF ORDINANCE O2007-10 LEVYING UPON THE ASSESSED VALUATION OF PROPERTY
WITHIN THE TOWN OF CAVE CREEK, ARIZONA, SUBJECT TO TAXATION, A CERTAIN SUM UPON
EACH ONE HUNDRED DOLLARS ($100.00) OF SECONDARY ASSESSED VALUATION SUFFICIENT
TO RAISE THE AMOUNT NECESSARY TO PAY PRINCIPAL AND INTEREST ON, AND
REGISTRATION COSTS OF, OUTSTANDING GENERAL OBLIGATION BONDS OF THE TOWN (SPUR
CROSS RANCH), LESS THE AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF
REVENUE; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2008
AND DECLARING AN EMERGENCY.
Placed on the agenda by the Town
Administration, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve Second
Reading of Ordinance O2007-10 an Ordinance of the Mayor and the Town Council of
the Town of Cave Creek, Maricopa County, Arizona, levying upon the secondary assessed
valuation of property within the Town of Cave Creek subject to taxation, a
certain sum upon each one hundred dollars ($100.00) of secondary assessed
valuation sufficient to raise the amount necessary to pay principal and
interest on, and registration costs of, outstanding general obligation bonds of
the Town (Spur Cross Ranch), less the amount estimated to be received from
other sources of revenue; all for the fiscal year ending the 30th day of June,
2008, and declaring an emergency.
Narrative: This is a request for the Council to give Second
Reading to Ordinance O2007-10 levying upon the assessed valuation of property
within the Town of Cave Creek a certain sum upon each one hundred dollars
($100.00) of valuation, and declaring an emergency. This is the ordinance that
authorizes the Town to collect the property tax to pay for Spur Cross Ranch
bonds this fiscal year. This is not a new tax. This property tax was approved by the Cave Creek
voters at the September, 2000 election to pay for the Town’s share of the
purchase of Spur Cross Ranch property.
PAGE# ITEM#
3. COUNCIL DISCUSSION AND POSSIBLE
REAPPOINTMENT OF THE TOWN MAGISTRATE.
Placed on the agenda by the Town
Attorney, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to reappoint George
Preston as Town Magistrate for a term ending June 30, 2009.
Narrative: This is a request for the Council to discuss and
possibly reappoint the Town Magistrate, George Preston.
4. COUNCIL DISCUSSION AND RATIFICATION OF
THE TOWN PROSECUTOR’S APPOINTMENT.
Placed
on the agenda by the Town Attorney, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to ratify the Town Prosecutor’s appointment
of Iacovino and Kayler for a 2-year term ending June 30, 2009.
Narrative: This is a request for Council to discuss and ratify
the Town Prosecutor’s appointment.
P.18
5. COUNCIL DISCUSSION AND APPROVAL OF
CONTRACT FOR LEGAL SERVICES WITH MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER,
P.A.
Placed on the agenda by the Town
Attorney, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve the
contract for legal services with Mariscal, Weeks, McIntyre & Friedlander,
P.A.
Narrative: This is a request for the Council to approve the
contract for legal services with Mariscal, Weeks.
PAGE# ITEM#
6. COUNCIL
DISCUSSION AND RATIFICATION OF MANAGER’S CONTRACT INCLUDING ANY CONTRACT
AMENDMENTS.
Placed
on the agenda by the Town Attorney, Town of Cave Creek.
Public
Comment
Council
Action Needed: Motion to ratify the Town Manager’s Contract
including any possible amendments.
Narrative: This is a request for Council to ratify the Town
Manager’s contract including any amendments to his contract.
P.25
7. COUNCIL DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE
THE EXPENDITURE OF FUNDS TO PURCHASE THREE 2007 DODGE DURANGO VEHICLES FOR THE
PLANNING DEPARTMENT AND TOWN MARSHAL DEPARTMENT AND A 2007 DODGE RAM 1500 TRUCK
FOR DESERT HILLS WATER COMPANY USING THE STATE OF ARIZONA PROCUREMENT CONTRACT
#48842.
Placed on the agenda by the Town
Marshal, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to authorize the
purchase of two 2007 Dodge Durango vehicles and one 2007 Dodge Ram 1500 Truck,
per the specifications listed in the written quotes, from Bill Luke Chrysler
Jeep Dodge for an amount not to exceed $68,000 utilizing the Arizona State
Procurement Contract #48842.
Narrative: This is a request for the Council to authorize the
purchase of three 2007 Dodge Vehicles to replace an old vehicle in the Town
Marshal’s fleet, replace one Desert Hills Water Company truck and add a vehicle
for the Planning Department.
PAGE# ITEM#
P.39
8. DISCUSSION AND POSSIBLE APPROVAL OF
RESOLUTION R2007-20 AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT
BETWEEN THE TOWN OF CAVE CREEK AND STAGECOACH VILLAGE, LLC.
Placed on the agenda by the Planning
Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve
Resolution R2007-20 a Resolution of the Mayor and the Town Council of the Town
of Cave Creek, Maricopa County, Arizona, authorizing the Town to enter into a Development Agreement between the
Town of Cave Creek and Stagecoach
Village, LLC.
Narrative: This is a request for the Council to approve
Resolution R2007-20 authorizing the Town to enter into a development agreement
with Stagecoach Village,
LLC regarding the Stagecoach
Village project
development.
P.53
9. DISCUSSION AND POSSIBLE APPROVAL OF THE
UTILITY SERVICE AGREEMENT.
Placed on the agenda by the Utility
Department, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve the
Utility Service Agreement.
Narrative: This is a request for the Council to approve the
Utility Service Agreement that will be entered into with all future customers
of the Water Utility that reside outside of the Town limits of the Town of Cave
Creek.
PAGE# ITEM#
P.63
10. DISCUSSION AND POSSIBLE APPROVAL OF THE
AMENDMENT TO THE ASSET TRANSFER AGREEMENT AND AUTHORIZING USAMA ABUJBARAH, AS
AUTHORIZED REPRESENTATIVE OF THE TOWN AS SOLE SHAREHOLDER OF DESERT HILLS WATER
CO., INC. TO APPROVE THE PLAN FOR COMPLETE LIQUIDATION AND DISSOLUTION OF
DESERT HILLS WATER COMPANY, INC.
Placed on the agenda by the Town’s
Attorneys, Town of Cave Creek
Public Comment
Council
Action Needed: Motion to approve the
amendment to the Asset Transfer Agreement and authorize Usama Abujbarah, as
authorized representative of the Town as Sole Shareholder of Desert Hills Water
Co., Inc. to approve the Plan for Complete Liquidation and Dissolution of Desert
Hills Water Company, Inc., dated July 16, 2007.
Narrative: This is a request for the Council to approve the
Amendment to the Asset Transfer Agreement to provide for the Town’s assumption
of all debts and obligations of the Desert Hills Water Company, Inc.
SUMMARY OF
CURRENT EVENTS BY MAYOR
ADJOURNMENT
POSTED
THIS _________ day of July, 2007
BY:
___________________________________
Carrie A. Dyrek, Town Clerk