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, August 6, 2018 AN EXECUTIVE SESSION WILL BE HELD AT 6:00 P.M. THE PUBLIC SESSION WILL BEGIN AT 7:00 P.M. PLEASE NOTE: AN AUDIO RECORDING OF THE TOWN COUNCIL MEETING WILL BE AVAILABLE ONLINE WITHIN THREE BUSINESS DAYS OF THE MEETING. The Town Council may recess the public meeting and convene in Executive Session for the purpose of discussion or consultation for legal advice with the Town Attorney regarding any item listed on this agenda pursuant to A.R.S. § 38-431.03 (A)(3) and (4). The Chair reserves the right, with the consent of Council, to take items on the agenda out of order. CALL TO ORDER 6:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ. ROLL CALL Mayor Ernie Bunch, Vice-Mayor Ron Sova, Council Members Susan Clancy, Mary Elrod, Thomas McGuire, David Smith and Eileen Wright. (one or more members may attend by technological means) Page EXECUTIVE SESSION 1. Discussion, consultation, direction and legal advice with the Town Attorney regarding the issuance and possible amendment to the Use Permit issued to Soberman’s Estates (Case No: SU- 18-01). A.R.S. 38-431.03(A) (3) and (4). 2. Discussion, consultation, direction and legal advice with the Town Attorney regarding contracting for services pertaining to options concerning the study of and possible zoning amendments regarding community residences and recovery communities. A.R.S. 38-431.03(A) (3) and (4). Page 1 of 324 Page 3. Discussion, consultation, direction and legal advice with the Town Attorney regarding options concerning the use and ownership of Town assets used in the Desert Hills Service Area. A.R.S. 38-431.03(A) (3) and (4). Council Action Needed: Motion to convene into Executive Session. PLEDGE OF ALLEGIANCE PUBLIC ANNOUNCEMENTS CALL TO THE PUBLIC COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS TOWN MANAGER REPORT ACTION ITEMS: A. CONSENT AGENDA 5 - 182 1. Approval of the following Minutes: Approval of the June 4, 2018 Regular Town Council Meeting Minutes. Approval of the June 11, 2018 Special Town Council Work Session Minutes. Approval of the June 18, 2018 Special Town Council Work Session Minutes. Approval of the June 18, 2018 Regular Town Council Meeting Minutes. Council Action Needed: Motion to approve the Consent Agenda. B. GENERAL AGENDA ITEMS 1. COUNCIL DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING SOBERMAN'S ESTATES USE PERMIT (CASE NO. SU-18-01). Placed on the agenda by the Town Attorney. Public Comment. Council Action Needed: Motion to give direction to the Town Attorney and/or the Town Manager to follow up on Page 2 of 324 Page the decision of the Council regarding Soberman's Estates use permit (Case No. SU-18-01). 183 - 308 2. COUNCIL DISCUSSION AND APPROVAL OF RESOLUTION R2018-15 FINALLY DETERMINING AND ADOPTING ESTIMATES OF PROPOSED EXPENDITURES BY THE TOWN OF CAVE CREEK FOR THE FISCAL YEAR BEGINNING JULY 1, 2018 AND ENDING JUNE 30, 2019 ESTABLISHING THE ALTERNATIVE EXPENDITURE LIMITATION AMOUNT, AND DECLARING THAT SUCH SHALL CONSTITUTE THE ADOPTED BUDGET OF THE TOWN OF CAVE CREEK FOR SUCH FISCAL YEAR. Placed on the agenda by the Town Manager and Finance Director, Town of Cave Creek. Public Hearing Council Action Needed: Motion to adopt Resolution R2018-15, a Resolution of the Mayor and Council of the Town of Cave Creek finally determining and adopting estimates of proposed expenditures by the Town of Cave Creek for the fiscal year beginning July 1, 2018 and ending June 30, 2019 establishing the alternative expenditure limitation amount, and declaring that such shall constitute the adopted budget of the Town of Cave Creek for such fiscal year. 309 - 320 3. PRESENTATION AND POSSIBLE COUNCIL DISCUSSION OF THE QUARTERLY FINANCIAL REPORT BY THE TOWN FINANCE DIRECTOR. Placed on the Agenda by the Town Manager. Public Comment. Council Action Needed: No action required, presentation only. 321 - 324 4. PRESENTATION TO COUNCIL ON THE RESULTS OF WESTECH EVALUATION OF THE WATER TREATMENT PLANT MIXED MEDIA FILTERS FOLLOWED BY A PROPOSAL AND REQUEST FOR COUNCIL TO APPROVE REPLACEMENT OF THE MEDIA IN THREE FILTERS AND THE ADDITION OF 18" OF ANTHRACITE TO FILTER #4 IN Page 3 of 324 Page ONE PROJECT, IN FY2019, RATHER THAN SPREADING THE PROJECT AND COST OVER TWO YEARS. Placed on the Agenda by the Town Utility Director. Public Comment. Council Action Needed: 1. Motion to approve the purchase of replacement media and Anthracite from WesTech for the Water Treatment Plant Mixed Media Filters for an amount not to exceed $68,133.00 and; 2. Motion to approve Contract to secure a Mobile Trailer Mounted Water Production Unit from WesTech for $146,000 and, 3. Motion to approve Filter Media Replacement by MGC Construction for an amount not to exceed $65,046.41 all pursuant to Town of Cave Creek Town Code § 37.07. ADJOURNMENT 1. POSTED THIS _____ day of August, 2018 BY:____________________________________ Jane Fuller, Deputy Town Clerk Page 4 of 324 1 MINUTES 2 REGULAR TOWN COUNCIL MEETING 3 TOWN OF CAVE CREEK, ARIZONA 4 MONDAY JUNE 4, 2018 5 6 7 CALL TO ORDER 6:03 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ. 8 9 MOTION TO CONVENE INTO EXECUTIVE SESSION AT: 6:03 P.M. 10 ADJOURNED EXECUTIVE SESSION: 7:01PM 11 12 CALL TO ORDER REGULAR SESSION: 7:04 PM 13 14 Mayor Bunch called the meeting to order. 15 16 Roll Call: Assistant Planner Marie Carsia 17 18 Council Present: Mayor Ernie Bunch, Vice-Mayor Ron Sova, Council Members Susan Clancy, 19 Mary Elrod, Thomas McGuire, David Smith and Eileen Wright. 20 21 Council Absent: NONE 22 23 Staff Present: Town Manager Carrie Dyrek 24 Deputy Town Clerk Jane Fuller 25 Town Marshal Adam Stein 26 Town Planner Ian Cordwell 27 Town Attorney Bill Sims (by phone) 28 29 Mr. Bunch: All right, welcome everybody to the Regular Town Council Meeting, Monday, June 4th. 30 Mr. Smith, would you lead us in the pledge of allegiance, please? 31 32 PLEDGE OF ALLEGIANCE 33 Mr. Smith led all those in attendance in the pledge of allegiance. 34 35 Mr. Bunch: Under public announcements, I don't have a lot going on, just realized that yesterday was 36 the tragic anniversary of the day that Billy Joe McAllister jumped off the Tallahatchie Bridge. But, 37 Councilwoman Ms. Elrod, I believe you have got something you would like to share with us. 38 39 PUBLIC ANNOUNCEMENTS 40 Ms. Elrod: Yes. I am going to be having three debates which will be posted in the newspapers. I would 41 like to give a heads up on any questions that you have concerns about, please email them to me at m. 42 [email protected]. 43 44 Mr. Bunch: Anybody else? All right, we are sitting here looking at each other. Call to the public, do we 45 have anything? All right. Council requests for future agenda items? Seeing, hearing none, Town 46 Manager. 06042018 Regular Council Minutes Page 1 of 15 Page 5 of 324 47 CALL TO THE PUBLIC 48 None 49 50 COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS: 51 None 52 53 TOWN MANAGER REPORT 54 Ms. Dyrek: Last weekend, May 30, 2018 at 5:00pm was the deadline for residents to file as a candidate 55 for a Mayor Council seat. We have eleven candidates for the six Council seats and two candidates for 56 Mayor. That election is scheduled for Tuesday, August 28. The general plan question for ratification will 57 also be on that ballot. Next Monday is the special budget work session at 6:00pm here in the council 58 chambers. That is Monday, June 11, 2018. The tentative budget hearing is scheduled for Monday, June 59 8, 2018. That is a regular council meeting at 7:00pm. 60 61 Mayor Bunch: Monday June what? 62 63 Ms. Dyrek: 18th, did I say 8th? I am sorry. 64 65 Mr. Bunch you said the 8th, and I am saying okay we are going to have the workshop and then we are 66 going to have it two days before we are going to look at it. 67 68 Ms. Dyrek: sorry the 18th. 69 70 Mr. Bunch: Can’t get anything by me. Will that be all? Action items, consent agenda. 71 72 ACTION ITEMS: 73 A. CONSENT AGENDA 74 1. Approval of a #6 Bar Liquor License for Prickly Pear Inn as requested by the Agent Paul 75 William Morina. 76 77 Mr. Bunch: Do we have a motion to approve? 78 79 Ms. Clancy: So moved. 80 81 Vice Mayor Sova: Second. 82 83 Mr. Bunch: All those in favor signify by saying aye. 84 85 Mr. Bunch Aye, Mr. Sova Aye, Mr. McGuire Aye, Ms. Wright Aye, Ms. Elrod Aye, Mr. Smith Aye, 86 Ms. Clancy Aye. 87 88 Mr. Bunch: All right, ayes clearly have it. Moving on to agenda item number one.