16 Mar 2020 Regular Town Council MeetingAmericans 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
Monday, March 16, 2020
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 5:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek
Road, Cave Creek, AZ. PLEASE NOTE - AN EXECUTIVE SESSION WILL BEGIN
AT 5:00 P.M. THE REGULAR SESSION WILL BEGIN FOLLOWING ADJOURNMENT
OF THE EXECUTIVE SESSION.
ROLL CALL Mayor Ernie Bunch, Vice-Mayor David Smith, Council
Members Paul Diefenderfer, Susan Clancy, Thomas McGuire, Robert
Morris and Kathryn Royer. (one or more members may attend by
technological means)
Page
EXECUTIVE SESSION
1. Discussion, consultation, direction and legal advice with the
Town Attorney regarding capital improvement funding options in the
utility rate study for the Town pursuant to A.R.S. §§ 38-
431.03(A), (3) and (4).
PLEDGE OF ALLEGIANCE
Page
5 - 7 1. Introduction of the Carefree-Cave Creek Chamber of
Commerce.
2. Presentation to Council on the history of Cave Creek Rodeo
Days and Parade.
A. CONSENT AGENDA
8 - 17 1. Approval of the February 18, 2020 Regular Town Council
Meeting Minutes.
18 - 23 2. Approval of the March 02, 2020 Regular Town
Council
Meeting Minutes.
B. GENERAL AGENDA ITEMS
24 - 34 1. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF A SPECIAL
EVENT APPLICATION FOR CAVE CREEK FARMERS MARKET AT TRACTOR SUPPLY
CO ON EVERY THURSDAY FROM 3:00 P.M. TO 7:00 P.M. DURING THE YEAR OF
2020: MARCH 19, 2020 TO DECEMBER 31, 2020.
Placed on the Agenda by the Deputy Town Clerk.
Council Action Required: Motion to approve the Special Event
Application for Cave Creek Farmers Market at Tractor Supply on
every Thursday from 3:00 p.m. to 7:00 p.m. during the year of 2020:
March 19, 2020 to December 31, 2020.
35 - 48 2. SECOND PUBLIC HEARING ON THE PROPOSED
EXTENSION OF AN ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE
OPTION AND COUNCIL DISCUSSION AND APPROVAL OF RESOLUTION R2020- 09
PROPOSING AN ALTERNATIVE EXPENDITURE LIMITATION.
Page 2 of 55
Public Hearing
Council Action Needed: Motion to approve the Second Public Hearing
on the Proposed Extension of an Alternative Expenditure Limitation
- Home Rule Option and Council Discussion and Approval of
Resolution R2020-09, a Resolution of the Mayor and Town Council of
the Town of Cave Creek, Maricopa County, Arizona proposing an
alternative expenditure limitation.
49 - 55 3. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL
OF A SOLE SOURCE EQUIPMENT PURCHASE WITH VEOLIA WATER TECHNOLOGIES
(DBA KRUGER WATER TECHNOLOGIES) FOR REPLACEMENT PARTS REQUIRED TO
REFURBISH THE TWO TERTIARY FILTER UNITS AT THE TOWN'S WATER
RECLAMATION FACILITY FOR AN AMOUNT NOT TO EXCEED $110,275.00.
Placed on the Agenda by the Utility Director.
Public Comment
Council Action Needed: Motion to Approve a Sole Source Equipment
purchase with Veolia Water Technologies (dba Kruger Water
Technologies) for replacement parts required to refurbish the two
tertiary filter units at the Town's Water Reclamation Facility for
an amount not to exceed $110,275.00.
4. COUNCIL DISCUSSION ON JACK CARTWRIGHT PASS
PARKING OPTIONS FOLLOWED BY POSSIBLE DIRECTION TO STAFF.
Placed on the Agenda by the Town Engineer.
Public Comment.
Council Action Needed: Possible Motion to provide direction to
Staff.
Page 3 of 55
BY:____________________________________
Page 4 of 55
Story of Incorporation and Accomplishments
Incorporation Year: March 4, 1965
Founding Fathers of the Chamber: Lester Maitland, Leslie Rhuart and
Billy Burk
Articles of Incorporation:
The name: Cave Creek-Carefree Chamber of Commerce
The general nature of the corporation is to promote and foster the
civic and economic welfare of its members and of the two separate
and independent communities which will be
compatible with and complementary to each other, and to hold and
dispose of property and to do any and all things necessary or
suitable to those ends.
Lester Maitland Accomplishments:
• Served in World War 1 & 2 • Career officer in the United
States Army Air Forces • Received a Silver Star and the
Distinguished Flying Cross and Five Air Medals, elected to
the Wisconsin Aviation Hall of Fame and Maitland Drive near Oakland
International Airport is also named for him.
• Maitland Field, an airport in Milwaukee is named after him •
Aviation Pioneer • One of two men completing the first transpacific
flight from California to Hawaii • Aide to General Bill Mitchell
& selected as one of the pilots to take part in the sinking
of
the battleship Ostfriesland, a military experiment set up to prove
the effectiveness of air power against ships
• As an aviator he competed in air races and pioneering flights •
He and Charles Lindbergh were invited together to the White House
to meet President
Calvin Coolidge • He was an author writing of early aviation •
Appointed Wisconsin’s first state aeronautics director in 1947 •
Accepted a similar post with the State of Michigan and in 1951
became Michigan’s
Director of Civil Defense for which he rose to a Brigadier General
in the Michigan Air National Guard
• In the mid-fifties his career goals shifted and began seminary
studies • Installed as the first Rector at Good Shepherd Episcopal
Church in 1962 • During the years that Father Maitland served Good
Shepherd, the Gold Mine developed
from the rummage sales of the 1950s and early 1960s into a thrift
shop • In December of 1971, Father Maitland retired
Page 5 of 55
• In 1974 Nelson Hall was replaced with a larger space and was
named was named Maitland Hall in honor of Lester Maitland
Leslie Rhuart Accomplishments:
• 1959 became GM for Tom Darlington & KT Palmer • President of
the Carefree Development Corporation • Saw the Carefree Inn to
completion • Led the organizational meeting that chartered the
Carefree Kiwanis Club • Filed petition to rename Black Mountain Rd
to Carefree Highway-Carefree planners felt
the name change would bring in more travelers to the area &
benefit the economies of Carefree & Cave Creek
• One of the founders of preservation of the Scenic Drive • Served
on the Cave Creek Improvement Association Road Committee to
preserve the
scenic right-of-way along Cave Creek & Scottsdale Roads,
assisted in recommendations that would pave the way for economic
growth. Among others serving on the committee was K. T.
Palmer
• The Cave Creek Improvement Association was made up of business
folk from Cave Creek and Carefree. They had 4 objectives:
o Preserve the natural desert area o Plan for the future roadways
leading into Cave Creek, Carefree and the Tonto
Forest o Prepare a strip map suggesting minimum setbacks on the
Scenic Drive that
included Cave Creek and Scottsdale Roads o Cooperate with State
& Federal Governments in an effort to halt the sale of
their
lands in the area.
Billy Burk (no information found)
Current Chamber History The Chamber has operated continuously for
almost 55 years. We have had a few name changes over the years but
objectives have stayed the same as they were in 1965…to promote and
foster the civic and economic welfare of its members and the two
separate and independent communities which will be compatible with
and complementary to each other… In 2019 the Carefree Cave Creek
Chamber of Commerce accomplished the following:
More than 765,000 visitors visit our website annually These
visitors viewed more than 3,242,000 pages on the website 70% of
these visitors are from the greater Phoenix area Mailed the Chamber
Community Guide to over 38,000 homes and businesses in our
community within 7 zip codes We have an additional 2000 available
in the Carefree Info Center as well as the Cave
Creek Info Center
Page 6 of 55
• We sent 105,600 e-mails to our subscriber base for our weekly
E-Blast/Newsletter in 2019
• We have 3000+ daily followers on our Facebook page We welcomed 70
new members to the Chamber
What We Do Strengthen members businesses through educations,
networking, advocacy & marketing Provide value and support to
our member businesses We are the primary resource for our community
We have given back over $96,000 to our community in goods, services
and jobs Have raised $3000 in scholarship money for a Cactus
Shadows student Created a 501c3 Foundation to administer education
programs and award scholarships
What We Offer Advocacy through ACE (Arizona Chamber Executives) and
EVCCA (East Valley Chamber
of Commerce Alliance) Monthly Evening Mixer –networking and
promoting business. Businesses in Cave Creek
and Carefree take turns hosting each month. We are currently
booking hosts for 2021. Approximately 40-50 business owners attend
each month
Monthly Business Breakfast –networking and informative guest
speaker offering hands on learning with the insight to help grow
your business. We meet the last Thursday of the month at Harold’s
Corral at 7:30am. Approximately 60-70 business owners attend each
month
POWER Hour-May through September a large group of business owners
get together once per month at a local restaurant for friendship,
networking and infusing cash into our restaurants when they need it
most…the summertime!
Ribbon Cutting – Promotion and Celebration of a new business,
expansion or a milestone anniversary.
Business Referrals E-blasts and Newsletters sent out weekly to 2200
subscribers with information of
sales/events/programs our members are offering Social Media
promoting our business community Website marketing Member only
Advertising opportunities Volunteer opportunities A robust
community event calendar on the Chamber website
Source for historical data: A Peak at the Peak On-Line Magazine,
Pinnacle Peak Association (GPPA) and Friends of the Scenic
Drive.
Page 7 of 55
02182020 Regular Town Council Meeting Minutes Final Page 1 of
10
REGULAR TOWN COUNCIL MEETING MINUTES 1 TOWN OF CAVE CREEK, ARIZONA
2
Monday, February 18, 2020 3 4
CALL TO ORDER 5:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek
Road, Cave Creek, AZ. 5 6 Roll Call: Jane Fuller, Deputy Town Clerk
7 Council Present: Mayor Ernie Bunch, Vice-Mayor David Smith,
Council Members Susan Clancy, 8
Paul Diefenderfer, Thomas McGuire, Robert Morris, Katherine Royer.
9 Council Absent: None 10 Staff Present: Town Manager Carrie Dyrek
11
Deputy Town Clerk Jane Fuller 12 Town Attorney William J. Sims 13
Town Marshal Adam Stein 14 Finance Director Robert Weddigen 15
Planning Director Luke Kautzman 16 Utility Director Shawn
Kreuzwiesner 17 Town Engineer Hal Marron 18 19 EXECUTIVE SESSION:
20
1. Discussion, consultation, direction and legal advice with the
Town Attorney regarding capital 21 improvement funding options in
the utility rate study for the Town pursuant to A.R.S. §§ 38-22
431.03(A), (3) and (4). 23
2. Council discussion and evaluation of the Town Manager’s
performance pursuant to A.R.S. § 38-24 431.03(A), (1). 25
26 Mayor Bunch asked for a Motion to convene into Executive
Session. 27 Motion: Councilmember Clancy Motion to convene into
Executive Session. 28 Second: Councilmember Morris. 29 The motion
passed 7 to 0, by Voice Vote. 30 Mayor Bunch; yes, Vice Mayor
Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer;
31 yes, Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 32 33 Council Convened into Executive
Session at 5:01 p.m. 34 Council Adjourned Executive Session at 6:30
p.m. 35 Regular Session Resumed at 6:34 p.m. 36 37 PLEDGE OF
ALLEGIANCE: 38 Ms. Demmitt led the Pledge of Allegiance at Mayor
Bunch’s request. 39 40 PUBLIC ANNOUNCEMENTS: 41 Mayor Bunch
announced that Sprouts is opening tomorrow at 8:00 am. The Stinknet
presentation is next 42 Monday at 5:00 pm. February 24, 2020, and
the Rodeo Golf Tournament at 10:30 a.m. on March 24, 2020 43 at
Rancho Manana. 44 45 CALL TO THE PUBLIC: 46 Yolande Grill, 39429 N
67th Place 47 Kerry Smith, 7265 E Continental Mountain Estates
Drive 48
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02182020 Regular Town Council Meeting Minutes Final Page 2 of
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Ms. Dyrek clarified that at the last Council Meeting on February 3,
2020 she mentioned that at the March 49 2, 2020 meeting the Council
would be discussing the rates and Capital Improvement Plan. She
just received 50 an email from Mr. Smith today. 51 Mayor Bunch and
Councilmember Diefenderfer asked for an item on rat poison to come
back to Council. 52 Mr. Sims indicated that he would do some
research on the topic. 53 54 TOWN MANAGER REPORT: 55 Ms. Dyrek
mentioned the Cave Creek Rodeo and Parade dates; the Parade is
March 21, 2020 at 9:00 a.m. 56 and the Rodeo is March 27-29. Cave
Creek Bike Week begins on March 27 and ends on April 5, 2020. The
57 Sprouts grand opening is at 6:45 a.m. on February 19, 2020. 58
59 ACTION ITEMS: 60 CONSENT AGENDA: 61 Approval of the Recommended
Town of Cave Creek Public Safety Personnel Retirement Board 62
Appointments. 63 Approval of the January 21, 2020 Regular Town
Council Meeting Minutes. 64 Mayor Bunch asked for Motion to approve
the Consent Agenda. 65 Councilmember Clancy Motion to approve the
Consent Agenda. 66 Second: Councilmember McGuire. 67 The motion
passed 7 to 0, by Voice Vote. 68 Mayor Bunch; yes, Vice Mayor
Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer;
69 yes, Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 70 71 GENERAL AGENDA ITEMS 72
1. POSSIBLE APPROVAL OF FIRST READING OF ORDINANCE NO. 2020-03, AN
73 ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF CAVE CREEK, 74
ARIZONA, AMENDING VARIOUS SECTIONS OF THE TOWN OF CAVE CREEK TOWN
75 CODE CHAPTER 52 ENTITLED “WATER” BY AMENDING “CITIZENS WATER 76
ADVISORY COMMITTEE” SECTION 52.601 “CREATION” AND SECTION 52.602 77
“FUNCTIONS AND PURPOSES” AND SECTION 52.603 “MEMBERSHIP,
COMPOSITION, 78 TERMS AND QUALIFICATIONS” AND 52.604 “COMMITTEE
ORGANIZATION” AND 79 52.605 “COMMITTEE REPORTS” AND 52.606
“LIMITATION OF POWERS” AND 52.999 80 “PENALTY,” ESTABLISHING AN
EFFECTIVE DATE AND PROVIDING FOR REPEAL 81 AND SEVERABILITY.
82
Mr. Sims introduced the item. He discussed the number of members in
the proposed Ordinance. He 83 recommended amending language. 84 85
Mayor Bunch asked for Council questions. 86 Councilmember Morris
asked about the expense budget, indicating it should be included in
52.602A listing 87 the functions purposes and powers of the
committee. 88 Mr. Sims recommended adding “expense budget” after
requirements. 89 90 Public Comment. None. 91 92 Mayor Bunch asked
for a Motion. 93 Motion: Councilmember Clancy, Motion Give First
Reading of Ordinance No. 2020-03, an ordinance of 94 the Mayor and
Council of the Town of Cave Creek, Arizona, amending various
sections of the Town of 95 Cave Creek Town Code, Chapter 52
Entitled "Water" by amending "Citizens Water Advisory 96 Committee"
Section 52.601 "Creation" and Section 52.602 "Functions and
Purposes" and Section 52.603 97 "Membership, Composition, Terms and
Qualifications" and 52.604 "Committee Organization" and 98
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02182020 Regular Town Council Meeting Minutes Final Page 3 of
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52.605 "Committee Reports" and 52.606 "Limitation of Powers" and
52.999 "Penalty," establishing an 99 effective date and providing
for repeal and severability and including the recommended changes.
100 Second: Vice Mayor Smith. 101 102 Mayor Bunch asked for Council
comments. 103 Vice Mayor Smith commented on the substantial number
of applicants. 104 105 The motion passed 7 to 0, by Voice Vote. 106
Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes,
Councilmember Diefenderfer; 107 yes, Councilmember McGuire; yes,
Councilmember Morris; yes, Councilmember Royer; yes 108 109
2. COUNCIL DISCUSSION AND APPOINTMENT OF FIVE CITIZENS TO FILL THE
110 VACANCIES ON THE WATER ADVISORY COMMITTEE. 111
Introduced by Mayor Bunch. 112 113 Mayor Bunch asked for Council
questions; None. 114 Mayor Bunch asked for applicants to speak if
they so desired. 115 116 Mr. Ralph Ferro spoke. 117 Mr. Reg
Monachino spoke. 118 Mr. Richard Johnson spoke. 119 Ms. Katya
Kincel spoke. 120 Mr. Alex Nadesan spoke. 121 Mr. Robert Anderson
spoke. 122 Mr. Peter Burns spoke. 123 124 Public Comment. 125 126
Mayor Bunch asked for Nominations. 127 Councilmember Royer
Nominated Peter Burns to the Water Advisory Committee. 128 The
nomination failed 4 to 3, by Roll Call Vote. 129 Mayor Bunch; no,
Vice Mayor Smith; yes; Councilmember Clancy; no, Councilmember
Diefenderfer; no, 130 Councilmember McGuire; yes, Councilmember
Morris; no, Councilmember Royer; yes. 131 132 Councilmember Morris
Nominated Ralph Ferro to the Water Advisory Committee. 133 The
nomination passed 7 to 0, by Roll Call Vote. 134 Mayor Bunch; yes,
Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember
Diefenderfer; 135 yes, Councilmember McGuire; yes, Councilmember
Morris; yes, Councilmember Royer; yes. 136 137 Vice Mayor Smith
Nominated Bill Growney to the Water Advisory Committee. 138 The
nomination passed 6 to 1, by Roll Call Vote. 139 Mayor Bunch; yes,
Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember
Diefenderfer; 140 yes, Councilmember McGuire; yes, Councilmember
Morris; yes, Councilmember Royer; no. 141 142 Councilmember Royer
Nominated Katya Kincel to the Water Advisory Committee. 143 The
nomination failed 4 to 3, by Roll Call Vote. 144 Mayor Bunch; no,
Vice Mayor Smith; yes; Councilmember Clancy; no, Councilmember
Diefenderfer; 145 yes, Councilmember McGuire; no, Councilmember
Morris; no, Councilmember Royer; yes. 146 147 Mayor Bunch Nominated
Reg Monachino to the Water Advisory Committee. 148
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02182020 Regular Town Council Meeting Minutes Final Page 4 of
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The nomination passed 7 to 0, by Roll Call Vote. 149 Mayor Bunch;
yes, Vice Mayor Smith; yes; Councilmember Clancy; yes,
Councilmember Diefenderfer; 150 yes, Councilmember McGuire; yes,
Councilmember Morris; yes, Councilmember Royer; yes. 151 152
Councilmember Morris Nominated Richard Johnson to the Water
Advisory Committee. 153 The nomination passed 7 to 0, by Roll Call
Vote. 154 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember
Clancy; yes, Councilmember Diefenderfer; 155 yes, Councilmember
McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes.
156 157 Councilmember Clancy Nominated James Bradshaw to the Water
Advisory Committee. 158 The nomination failed 5 to 2, by Roll Call
Vote. 159 Mayor Bunch; no, Vice Mayor Smith; no; Councilmember
Clancy; yes, Councilmember Diefenderfer; no, 160 Councilmember
McGuire; yes, Councilmember Morris; no, Councilmember Royer; no.
161 162 Mayor Bunch Nominated Matt Malley to the Water Advisory
Committee. 163 The nomination failed 5 to 2, by Roll Call Vote. 164
Mayor Bunch; no, Vice Mayor Smith; no; Councilmember Clancy; yes,
Councilmember Diefenderfer; 165 yes, Councilmember McGuire; no,
Councilmember Morris; no, Councilmember Royer; no. 166 167 Mayor
Bunch Nominated Alex Nadesan to the Water Advisory Committee. 168
The nomination passed 7 to 0, by Roll Call Vote. 169 Mayor Bunch;
yes, Vice Mayor Smith; yes; Councilmember Clancy; yes,
Councilmember Diefenderfer; 170 yes, Councilmember McGuire; yes,
Councilmember Morris; yes, Councilmember Royer; yes. 171 172
Councilmember Royer left the meeting at 7:15 p.m. 173 Councilmember
Royer returned to the meeting at 7:20 p.m. 174 175
3. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF A COOPERATIVE 176
PURCHASE AGREEMENT WITH SCHOFIELD CIVIL CONSTRUCTION FOR THE 177
AMOUNT OF $53,522.37 TO COMPLETE IMPROVEMENTS AT THE TOWN OF CAVE
178 CREEK RANCHO MANANA LIFT STATION. 179
Introduced by Shawn Kreuzwiesner, Town Utility Director with a
PowerPoint presentation. 180 Mayor Bunch asked for Council
questions. 181 Mayor Bunch asked about capacity issues for events
in April. 182 Mr. Kreuzwiesner discussed pump testing and project
timing. 183 Councilmember McGuire asked for the date when the pump
station was installed. 184 Mr. Kreuzwiesner responded the original
construction was approximately 30 years ago. 185 Councilmember
Morris asked about a diesel fuel emergency generator. 186 Mr.
Kreuzwiesner discussed the generator check process, and running the
generator weekly. 187 188 Public Comment. None. 189
190 Mayor Bunch asked for a Motion. 191 Motion: Councilmember
Diefenderfer; Motion to Approve a Cooperative Purchasing Agreement
with 192 Schofield Civil Construction for the amount of $53,522.37
to complete improvements at the Town of 193 Cave Creek Rancho
Manana Lift Station. 194 Second: Councilmember McGuire. 195 196
Mayor Bunch asked for Council Comments. 197
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Councilmember Morris commented on overflows at the site, Staff
analysis, staging and his pleasure with 198 the process and Staff
efforts. 199 Councilmember McGuire commented on the age of the
equipment. 200 Councilmember Clancy commented on Staff efforts and
good work; she thanked Mr. Kreuzwiesner. 201 Councilmember Royer
recognized the residents of Rancho Manana. 202 203 The motion
passed 7 to 0, by Roll Call Vote. 204 Mayor Bunch; yes, Vice Mayor
Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer;
205 yes, Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 206 207
4. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION NO.
R2020-208 10 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN
OF CAVE 209 CREEK, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE LEASE
OF REAL 210 PROPERTY LOCATED OUTSIDE THE TOWN LIMITS AND MORE
PARTICULARLY 211 DESCRIBED ON (EXHIBIT ‘A’ ATTACHED HERETO); AND
AUTHORIZING AND 212 DIRECTING THE MAYOR TO EXECUTE AND ENTER INTO
THE LEASE AGREEMENT 213 ATTACHED AS EXHIBIT ‘B’. 214
Introduced by Shawn Kreuzwiesner, Town Utility Director. He
explained that this is the second of the 215 three Booster
Station(s) upgrade project. He explained the lease purchase method
with State Land 216 Department with the initial payment up front
and then seeking purchase of the site at auction per State 217 Land
process. He discussed location and setback requirements (City of
Phoenix). 218 219 Mayor Bunch asked for Council questions. None.
220 Mr. Sims advised Council on the difficulties of negotiating
with the State Land Department. He discussed 221 indemnity language
on page 163 section 3.9 and 3.10; he believes it is acceptable. 222
223 Public Comment. None. 224
225 Mayor Bunch asked for a Motion. 226 Motion: Councilmember
Morris; Motion to Approve Resolution No. R2020-10 A Resolution of
the 227 Mayor and Town Council of the Town of Cave Creek, Maricopa
County, Arizona, authorizing the lease 228 of real property located
outside the Town limits and more particularly described on (exhibit
‘a’ attached 229 hereto); and authorizing and directing the Mayor
to execute and enter into the lease agreement attached as 230
exhibit ‘b’. 231 Second: Councilmember Clancy. 232 233 Mayor Bunch
asked for Council Comments. 234 Councilmember Clancy commented on
looking at water needs years ago. She thanked Staff for their work.
235 Mayor Bunch spoke on improving reliability. 236 237 The motion
passed 7 to 0, by Voice Vote. 238 Mayor Bunch; yes, Vice Mayor
Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer;
239 yes, Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 240 241
5. NOTICE OF INTENTION TO INCREASE CERTAIN WATER AND WASTEWATER 242
RATES. 243
Introduced by Carrie Dyrek, Town Manager; she explained the
process, State Law requirements, and 244 future sessions including
March 2, 2020, and a report on the proposed rates reports available
in mid-245 March. This is just the first public notice with more
information to follow. The public hearing will be held 246 on April
20, 2020 at 6:00 p.m. 247
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02182020 Regular Town Council Meeting Minutes Final Page 6 of
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Mayor Bunch asked for Council questions. None. 248 249 Mayor Bunch
asked for a Motion. 250 Motion: Councilmember Clancy; Motion to
adopt a Notice of Intention to Increase Certain Water and 251
Wastewater Rates. 252 Second: Councilmember Morris. 253 254 Mayor
Bunch asked for Council Comments. 255 256 The motion passed 7 to 0,
by Voice Vote. 257 Mayor Bunch; yes, Vice Mayor Smith; yes;
Councilmember Clancy; yes, Councilmember Diefenderfer; 258 yes,
Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 259 260
6. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION NO.
R2020-261 07, A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF CAVE 262 CREEK, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE
MAYOR TO APPROVE 263 A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
CAVE CREEK AND CAVE 264 CREEK CAVE CREEK MICRO-HOSPITAL, LLC,
(“DEVELOPER”) A DELAWARE 265 LIMITED LIABILITY COMPANY PROVIDING
FOR INTERIM FIRE FLOW WATER 266 SERVICE AND CONSTRUCTION WATER AND
REIMBURSEMENT OF CERTAIN 267 EXCESS WATER FUNDS PAID TO CITY OF
PHOENIX BY DEVELOPER THAT ARE 268 OVER AND ABOVE THE WATER CAPACITY
FEES THAT WOULD HAVE BEEN 269 CHARGED BY THE TOWN. 270
Introduced by Carrie Dyrek. Town Manager. 271 Mayor Bunch asked for
Council questions. None. 272 273 Public Comment. None. 274 275
Mayor Bunch asked for a Motion. 276 Motion: Councilmember Clancy;
Motion to approve Resolution No. R2020-07, A Resolution of the 277
Mayor and Town Council of the Town of Cave Creek, Maricopa County,
Arizona, authorizing the Mayor 278 to Approve a Development
Agreement between the Town of Cave Creek and Cave Creek
Micro-Hospital, 279 LLC, ("Developer"), a Delaware Limited
Liability Company, providing for interim fire flow water service
280 and construction water and reimbursement of certain excess
water funds paid to the City of Phoenix by 281 Developer that are
over and above the Water Capacity Fees that would have been charged
by the Town. 282 Second: Vice Mayor Smith. 283 284 Mayor Bunch
asked for Council Comments. 285 286 The motion passed 7 to 0, by
Roll Call Vote. 287 Mayor Bunch; yes, Vice Mayor Smith; yes;
Councilmember Clancy; yes, Councilmember Diefenderfer; 288 yes,
Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 289 290
7. COUNCIL ACCEPTANCE OF THE TOWN OF CAVE CREEK COMPREHENSIVE 291
ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDING JUNE 30,
2019 292 AS THE OFFICIAL FINANCIAL RESULTS. 293
Introduced by Robert Weddigen. 294 Mayor Bunch asked for Council
questions. None. 295 296 Public Comment. None. 297
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Mayor Bunch asked for a Motion. 298 Motion: Vice Mayor Smith;
Motion to accept the Comprehensive Annual Financial Report as the
Official 299 Financial Results for the Town of Cave Creek, for the
Fiscal Year 2019. 300 Second: Councilmember McGuire. 301 302 Mayor
Bunch asked for Council Comments. 303 304 The motion passed 7 to 0,
by Voice Vote. 305 Mayor Bunch; yes, Vice Mayor Smith; yes;
Councilmember Clancy; yes, Councilmember Diefenderfer; 306 yes,
Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 307 308 309
8. COUNCIL DISCUSSION, PUBLIC HEARING AND POSSIBLE APPROVAL OF
SECOND 310 READING OF ORDINANCE O2020-01 AN ORDINANCE OF THE MAYOR
AND TOWN 311 COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY,
ARIZONA, 312 AMENDING VARIOUS SECTIONS OF THE TOWN OF CAVE CREEK
ZONING 313 ORDINANCE, CHAPTER 2 ENTITLED “RESIDENTIAL ZONES”,
AMENDING VARIOUS 314 SECTIONS OF THE TOWN OF CAVE CREEK ZONING
ORDINANCE CHAPTER 3 315 ENTITLED “COMMERCIAL ZONES“, AMENDING
VARIOUS SECTIONS OF THE TOWN 316 OF CAVE CREEK ZONING ORDINANCE
CHAPTER 14, ENTITLED “OFFICERS, 317 BOARDS AND COMMISSIONS”,
AMENDING THE TOWN OF CAVE CREEK ZONING 318 ORDINANCE CHAPTER 15,
ENTITLED “ZONING PROCEDURES”, SECTION 15.0 319 “GENERAL”, AMENDING
THE TOWN OF CAVE CREEK ZONING ORDINANCE 320 SUPPLEMENT 1 ENTITLED
“LIST OF APPLICATIONS” AND AMENDING THE TOWN 321 OF CAVE CREEK
ZONING ORDINANCE SUPPLEMENT 2 ENTITLED “FEE SCHEDULE”, 322
ESTABLISHING AN EFFECTIVE DATE, PROVIDING FOR REPEAL AND 323
SEVERABILITY AND DECLARED TO BE A PUBLIC RECORD BY RESOLUTION NO.
324 R2020-01. 325
Introduced by Luke Kautzman. He mentioned that the January 21, 2020
Staff presented this item. 326 Mayor Bunch asked for Council
questions. None. 327 328 Public Hearing opened at 7:51 p.m. 329
Public Hearing closed at 7:51 p.m. 330 331 Councilmember Clancy
left the meeting at 7:49 p.m. 332 Councilmember Clancy returned to
the meeting at 7:52 p.m. 333 334 Mayor Bunch asked for a Motion.
335 Motion: Councilmember Royer; Motion to give Second Reading to
Ordinance No. O2020-01, an 336 Ordinance of the Mayor and Town
Council of the Town of Cave Creek, Maricopa County, Arizona, 337
Amending various sections of the Town of Cave Creek Zoning
Ordinance, Chapter 2 entitled “Residential 338 Zones”, amending
various sections of the Town of Cave Creek Zoning Ordinance Chapter
3 entitled 339 “Commercial Zones“, amending various sections of the
Town of Cave Creek Zoning Ordinance Chapter 340 14, entitled
“Officers, Boards and Commissions”, amending the Town of Cave Creek
Zoning Ordinance 341 Chapter 15, entitled “Zoning Procedures”,
Section 15.0 “General”, amending the Town of Cave Creek 342 Zoning
Ordinance Supplement 1 entitled “List of Applications” and amending
the Town of Cave Creek 343 Zoning Ordinance Supplement 2 entitled
“Fee Schedule”, establishing an effective date, providing for 344
repeal and severability and declared to be a public record by
Resolution No. R2020-01. 345 Second: Vice Mayor Smith. 346
347
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Mayor Bunch asked for Council Comments. 348 Vice Mayor Smith
commented that this is necessary for legal compliance. 349 350 The
motion passed 7 to 0, by Voice Vote. 351 Mayor Bunch; yes, Vice
Mayor Smith; yes; Councilmember Clancy; yes, Councilmember
Diefenderfer; 352 yes, Councilmember McGuire; yes, Councilmember
Morris; yes, Councilmember Royer; yes. 353 354
9. COUNCIL DISCUSSION, PUBLIC HEARING AND POSSIBLE APPROVAL OF
SECOND 355 READING OF ORDINANCE O2020-02 AN ORDINANCE OF THE MAYOR
AND COUNCIL 356 OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY,
ARIZONA, AMENDING 357 VARIOUS TERMS AND DEFINITIONS CONTAINED IN
THE TOWN OF CAVE CREEK 358 ZONING ORDINANCE, ENTITLED “APPENDIX A –
GLOSSARY TERMS AND 359 DEFINITIONS” BY AMENDING APPENDIX A –
GLOSSARY TERMS AND 360 DEFINITIONS,” ESTABLISHING AN EFFECTIVE
DATE, PROVIDING FOR REPEAL AND 361 SEVERABILITY AND DECLARED TO BE
A PUBLIC RECORD BY RESOLUTION NO. 362 R2020-02. 363
Introduced by Luke Kautzman; he explained that this item was also
discussed at the January 21, 2020 364 meeting. 365 Mayor Bunch
asked for Council questions. None. 366 367 Public Hearing opened at
7:54 p.m. 368 Public Hearing closed at 7:54 p.m. 369 370 Mayor
Bunch asked for a Motion. 371 Motion: Councilmember Royer; Motion
to give Second Reading to Ordinance No. O2020-02 an 372 ordinance
of the Mayor and Council of the Town of Cave Creek, Maricopa
County, Arizona, amending 373 various terms and definitions
contained in the Town of Cave Creek Zoning Ordinance, entitled 374
“Appendix A – Glossary Terms and Definitions” by amending Appendix
A – Glossary Terms and 375 Definitions,” establishing an effective
date, providing for repeal and severability and declared to be a
376 public record by Resolution No. R2020-02. 377 Second: Mayor
Bunch. 378 379 Mayor Bunch asked for Council Comments. None. 380
381 The motion passed 7 to 0, by Voice Vote. 382 Mayor Bunch; yes,
Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember
Diefenderfer; 383 yes, Councilmember McGuire; yes, Councilmember
Morris; yes, Councilmember Royer; yes. 384 385
10. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF BID AWARD TO
REGIONAL 386 PAVEMENT MAINTENANCE OF ARIZONA, THE LOWEST
RESPONSIVE, 387 RESPONSIBLE BIDDER RECEIVED FOR THE AMOUNT NOT TO
EXCEED $176,222.71 388 FOR THE MILLING AND PAVING OF SAGUARO WEST
PHASE II. 389
Ms. Dyrek explained the bid process and that Staff will bring the
Contract back at the next meeting. 390 Introduced by Hal Marron,
Town Engineer. 391 392 Mayor Bunch asked for Council questions. 393
Councilmember Royer asked for an explanation on the location of
Saguaro West. 394 395 Public Comment. None. 396 397
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Mayor Bunch asked for a Motion. 398 Motion: Councilmember Morris;
Motion to award Bid to Regional Pavement Maintenance of Arizona,
399 the lowest responsive, responsible bidder for the amount not to
exceed $176,222.71 for the milling and 400 paving of Saguaro West
Phase II. 401 Second: Councilmember McGuire. 402 403 Mayor Bunch
asked for Council Comments. None. 404 405 The motion passed 7 to 0,
by Roll Call Vote. 406 Mayor Bunch; yes, Vice Mayor Smith; yes;
Councilmember Clancy; yes, Councilmember Diefenderfer; 407 yes,
Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 408 409
11. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF BID AWARD TO
REGIONAL 410 PAVEMENT MAINTENANCE OF ARIZONA, THE LOWEST
RESPONSIVE, 411 RESPONSIBLE BIDDER RECEIVED FOR THE AMOUNT NOT TO
EXCEED $190,802.50 412 FOR THE MILLING AND PAVING OF WILLOW SPRINGS
LOOP. 413
Mayor Bunch recused himself at 7:59 p.m. 414 Vice Mayor Smith read
the agenda item. 415 Introduced by Hal Marron, Town Engineer. 416
417 Vice Mayor Smith asked for Council questions. None. 418 419
Public Comment. 420 Ray Stark, 41602 N Echo Canyon Drive. 421 422
Mayor Bunch asked for a Motion. 423 Motion: Councilmember
Diefenderfer; Motion to award Bid to Regional Pavement Maintenance
of 424 Arizona, the lowest responsive, responsible bidder for the
amount not to exceed $190,802.50 for the 425 milling and paving of
Willow Springs Loop. 426 Second: Councilmember Clancy. 427 428
Mayor Bunch asked for Council Comments. 429 Councilmember
Diefenderfer agreed on the condition of the road. 430 431 The
motion passed 6 to 0, by Roll Call Vote with Mayor Bunch recusing
himself. 432 Vice Mayor Smith; yes; Councilmember Clancy; yes,
Councilmember Diefenderfer; yes, Councilmember 433 McGuire; yes,
Councilmember Morris; yes, Councilmember Royer; yes. 434 435 Mayor
Bunch returned to the dais at 8:03 p.m. 436 437
12. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION NO.
R2020-438 06 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN
OF CAVE 439 CREEK, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE A
MUTUAL AID 440 COMPACT WITH MULTIPLE POLITICAL JURISDICTIONS WITHIN
THE STATE OF 441 ARIZONA AND THE ARIZONA DEPARTMENT OF EMERGENCY
AND MILITARY 442 AFFAIRS. 443
Introduced by Marshal Stein. 444 445 Mayor Bunch asked for Council
questions. None. 446 447
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Public Comment. None. 448 449 Mayor Bunch asked for a Motion. 450
Motion: Councilmember Clancy; Motion to Approve Resolution No.
R2020-06, a Resolution of the 451 Mayor and Town Council of the
Town of Cave Creek, Arizona, authorizing the Mayor to execute a 452
Mutual Aid Compact with multiple political jurisdictions within the
State of Arizona and the Arizona 453 Department of Emergency and
Military Affairs. 454 Second: Vice Mayor Smith. 455 456 Mayor Bunch
asked for Council Comments. None. 457 458 The motion passed 7 to 0,
by Voice Vote. 459 Mayor Bunch; yes, Vice Mayor Smith; yes;
Councilmember Clancy; yes, Councilmember Diefenderfer; 460 yes,
Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 461 462 463 Mayor Bunch asked for Motion
to Adjourn. 464 Motion: Councilmember Clancy Motion to adjourn at
8:05 p.m. 465 Second: Councilmember Morris. 466 467 The motion
passed 7 to 0, by Roll Call Vote. 468 Mayor Bunch; yes,
Councilmember Clancy; yes, Councilmember Diefenderfer; yes,
Councilmember 469 McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 470 Adjourned at 8:05 p.m. 471 472 Dated
this 19th day of February 2020. 473 474
____________________________ ________________________________ 475
Jane Fuller, Deputy Town Clerk Ernie Bunch, Mayor 476
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03022020 Regular Town Council Meeting Minutes Page 1 of 6
REGULAR TOWN COUNCIL MEETING MINUTES 1 TOWN OF CAVE CREEK, ARIZONA
2
Monday, March 2, 2020 3 4
CALL TO ORDER 5:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek
Road, Cave Creek, AZ. 5 6 Roll Call: Jane Fuller, Deputy Town Clerk
7 Council Present: Mayor Ernie Bunch, Vice-Mayor David Smith,
Council Members Susan Clancy, 8
Paul Diefenderfer, Thomas McGuire, Robert Morris, Katherine Royer.
9 Council Absent: None 10 Staff Present: Town Manager Carrie Dyrek
11
Deputy Town Clerk Jane Fuller 12 Town Attorney William J. Sims 13
Town Marshal Adam Stein 14 Finance Director Robert Weddigen 15
Planning Director Luke Kautzman 16 Utility Director Shawn
Kreuzwiesner 17 Town Engineer Hal Marron 18 Town Building Official
Mike Baxley 19 20 EXECUTIVE SESSION: 21
1. Discussion, consultation, direction and legal advice with the
Town Attorney regarding capital 22 improvement funding options in
the utility rate study for the Town pursuant to A.R.S. §§ 38-23
431.03(A), (3) and (4). 24
2. Discussion, consultation, direction and legal advice with the
Town Attorney concerning open 25 meeting law compliance issues
pursuant to A.R.S. §§ 38-431.03(A), (3). 26
3. Council discussion and evaluation of the Town Manager’s
performance pursuant to A.R.S. § 38-27 431.03(A), (1). 28
29 Mayor Bunch asked for a Motion to convene into Executive
Session. 30 Motion: Councilmember Clancy Motion to convene into
Executive Session. 31 Second: Councilmember McGuire. 32 The motion
passed 7 to 0, by Voice Vote. 33 Mayor Bunch; yes, Vice Mayor
Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer;
34 yes, Councilmember McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 35 36 Council Convened into Executive
Session at 5:01 p.m. 37 Council Adjourned Executive Session at 6:16
p.m. 38 Regular Session Resumed at 6:20 p.m. 39 40 PLEDGE OF
ALLEGIANCE: 41 Mr. Sova led the Pledge of Allegiance at Mayor
Bunch’s request. 42 43 PUBLIC ANNOUNCEMENTS: 44 Mayor Bunch
remembered the Cave Creek Beer Festival and the positive feedback
received. 45 46 PRESENTATIONS: 47 Presentation by Arizona Public
Service; a Peak Incentive Check to the Town of Cave Creek. 48
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03022020 Regular Town Council Meeting Minutes Page 2 of 6
49 CALL TO THE PUBLIC: 50 Kerry Smith, 7265 E Continental Mountain
Estates Drive 51 Cynthia Driskell, 40415 N 70th Street 52 Reg
Monachino, 5450 E Desert Creek Lane 53 54 TOWN MANAGER REPORT: 55
Ms. Dyrek announced several upcoming events and dates, including
Cave Creek Rodeo Parade on March 56 21, 2020, the Cave Creek Rodeo
Golf Tournament on March 24, 2020 and the Cave Creek Rodeo; March
57 27-29, and Cave Creek Bike Week; March 27-April 5. She mentioned
that the Town had a booth on the 58 General Plan at the Beer
Festival. The Traffic/Pedestrian Study is in process. 59 60
NON-ACTION ITEMS: 61 62 A. INFORMATION AND DISCUSSION: 63 These
Items provide Council an opportunity to discuss and follow up on
issues of interest to the Community 64 and give Staff an
opportunity to provide information to Council. They are for
discussion only, no public 65 comment will be taken and no action
will be taken by Council. 66 67 1. PRESENTATION BY THE TOWN FINANCE
DIRECTOR ON SELECTION OF AN 68
ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION. 69 Mr.
Weddigen presented a PowerPoint presentation on Alternative
Expenditure Limitation Options 70 explaining that the Town uses
Home Rule which is more transparent but requires an election every
four 71 years. 72 Ms. Dyrek pointed out that the First Public
Hearing will occur today later in the Meeting. 73 74 Mayor Bunch
commented that the Home Rule Option allows the most flexibility for
the Town. 75 Councilmember Clancy asked about Home Rule and how to
handle emergency expenditures. 76 Mr. Weddigen responded that the
Town can transfer funds but only with Council approval but still
cannot 77 exceed the original budget. 78
79 2. PRESENTATION TO COUNCIL, THE QUARTERLY FINANCIAL REPORT -
80
PRELIMINARY ACTUAL RESULTS OF OPERATIONS FOR JULY THROUGH 81
DECEMBER OF FISCAL YEAR 2020 COMPARED TO JULY THROUGHT DECEMBER OF
82 FISCAL YEAR 2019 AND COMPARED TO FISCAL YEAR 2020 BUDGET.
83
Mr. Weddigen presented a PowerPoint presentation on Preliminary
Financial Results. 84 Councilmember McGuire left the meeting at
6:53 p.m. 85 Councilmember McGuire returned at meeting at 6:54 p.m.
86 Councilmember Morris asked what is in the Services account line
in the Desert Hills Water System 87 Enterprise Fund. 88 Mr.
Weddigen explained professional services. 89
90 3. PRESENTATION TO COUNCIL, TOWN CASE SPR-19-02 - BLACK MOUNTAIN
VISTA 91
TRACT C - SITE PLAN FOR THE DEVELOPMENT OF A MIXED USE - LIVE/WORK
92 DEVELOPMENT CONSISTING OF ONE BUILDING WITH TWO RESIDENCES AND
TWO 93 COMMERCIAL SPACED IN A TOWN CORE COMMERCIAL (TCC) ZONE
SUBJECT TO 94 THE CONDITIONS CONTAINED IN EXHIBIT E. 95
Mr. Kautzman introduced the item. He corrected one of the drawings
should indicate Town Core 96 Commercial C.C.R. not M.R. The
Planning Commission recommended approval unanimously. 97
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03022020 Regular Town Council Meeting Minutes Page 3 of 6
Councilmember Royer asked if it is a prerequisite to have the
commercial space built by a certain date and 98 for clarification
on the ordinance. 99 Mr. Kautzman explained that the developer is
building the commercial space. The Planning Commission 100 approves
the concept within the Zoning Ordinance not the design. 101
Councilmember Morris asked if 73% of the footage is residential.
102 Mr. Kautzman confirmed and explained the plan. He noted that
the current ordinance reduces residential in 103 the Town Core. 104
Mr. Morris asked if the Town has a standard on minimum requirements
for residential and who has the 105 authority to approve. He noted
that the Town depends on sales tax revenues. He asked about trails
and 106 pathways. 107 Mr. Kautzman responded that the current
ordinance does not provide a standard, there does need to be a 108
commercial component. 109
110 4. PRESENTATION TO COUNCIL, THE UTILITY ENTERPRISE FUND CAPITAL
111
IMPROVEMENT PLAN (CIP) FOR FY2020 - FY2025, AND DISCUSSION ON THE
WATER 112 ADVISORY COMMITTEE RECOMMENDATIONS REGARDING THE CIP AND
THE 113 UTILITY RATE STUDY AND RATE MODEL. 114
Mr. Weddigen introduced the item. 115 Ms. Dyrek introduced the item
and Mr. Kreuzwiesner presented the Utility Capital Improvement
Plan, he 116 answered questions. 117 Councilmember Morris asked if
we have a performance bond from the developer. 118 Mr. Kreuzwiesner
responded that he would have to look back at the current
development agreement, he 119 noted that there are limitations and
penalties provided. 120 Councilmember Clancy asked about the
Chuparosa Lift Station rehabilitation; does it have an effect on
high 121 water pressure. 122 Mr. Kreuzwiesner explained no, this
item is in the Wastewater System. He explained that the Master Plan
123 will help control pressures. 124 Mr. Kerry Smith, Chair of the
Water Advisory Committee and Mr. Ron Sova, Vice Chair joined the
125 discussion and presented the Water Advisory Committee’s
recommendations on the water rate study and 126 model. 127
Councilmember Royer thanked Mr. Smith for his work. She disagrees
with some of the model’s analysis. 128 She disagrees that the Town
should raise rates to make up for the lack of increase in prior
years. She noted 129 that the Council and Staff are working on ways
to lessen the impact of rate increases. 130 Mayor Bunch noted that
the Rate Study began over three years ago. 131 Councilmember Morris
commented on elasticity and conservation structure in the model. He
recognized 132 Staff’s efforts to improve the accounting system.
133 Ms. Dyrek clarified that the Town is considering the debt
option of the model and options to lessen the 134 impact of rate
increases. She announced a public hearing is scheduled for April
16, 2020 at 6:00 p.m. 135
136 5. COUNCIL REVIEW OF THE MARCH 16, 2020 DRAFT AGENDA PACKET
FOLLOWED 137
BY POSSIBLE DIRECTION TO STAFF. 138 Councilmember Morris asked for
report on Staff’s efforts to prepare for fire season. He asked for
Council 139 discussion on a future agenda to consider a change to
Zoning Ordinance for percentage of residential in 140 Town Core.
141 Councilmember Royer asked for discussion on changing time limit
for commercial to be built in the Town 142 Core. 143 Mr. Sims noted
the Town could impose timelines but asked Council to consider the
remedy would be; he 144 explained the issue. 145 146 147
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ACTION ITEMS: 148 CONSENT AGENDA: 149
1. Approval of and authorization for the Mayor to sign a letter to
the Arizona State Land Department 150 in support of Cahava Springs
Revitalization District acquisition of additional right of way to
151 construct a booster station and related infrastructure that
will provide the fire pressure and 152 eventually domestic water
service for the area. 153
Mayor Bunch pulled Item 1 from the Consent Agenda so that he could
explain the background. 154 155
2. Approval of the Contract with Regional Pavement Maintenance of
Arizona, Inc. for the Milling 156 and Paving of Willow Springs
Loop. 157 Approval of the Contract with Regional Pavement
Maintenance of Arizona, Inc. for the Milling 158 and Paving of
Saguaro West Phase II. 159 160
Mayor Bunch recused himself from item 2 of the Consent Agenda. 161
Vice Mayor Smith asked for Motion to approve Item 2 on the Consent
Agenda. 162 Councilmember Royer Motion to approve the Consent
Agenda. 163 Second: Councilmember Diefenderfer. 164 The motion
passed 6 to 0, by Voice Vote with Mayor Bunch recused. 165 Vice
Mayor Smith; yes, Councilmember Clancy; yes, Councilmember
Diefenderfer; yes, Councilmember 166 McGuire; yes, Councilmember
Morris; yes, Councilmember Royer; yes. 167 168 Mayor revisited item
1 of the Consent Agenda and explained the Approval of and
authorization for the 169 Mayor to sign a letter to the Arizona
State Land Department in support of Cahava Springs Revitalization
170 District acquisition of additional right of way to construct a
booster station and related infrastructure that 171 will provide
the fire pressure and eventually domestic water service for the
area. 172 Ms. Dyrek explained that Staff is requiring additional
land for Staff to maintain the booster station and be 173 off of
the roadway for safety purposes. 174 Mayor Bunch asked for Motion
to approve Item 1 on the Consent Agenda. 175 Councilmember Royer
Motion to approve the Consent Agenda. 176 Second: Councilmember
Diefenderfer. 177 The motion passed 7 to 0, by Voice Vote. 178
Mayor Bunch; yes, Vice Mayor Smith; yes, Councilmember Clancy; yes,
Councilmember Diefenderfer; 179 yes, Councilmember McGuire; yes,
Councilmember Morris; yes, Councilmember Royer; yes. 180 181
GENERAL AGENDA ITEMS 182
1. SECOND READING OF ORDINANCE NO. 2020-03, AN ORDINANCE OF THE
MAYOR 183 AND COUNCIL OF THE TOWN OF CAVE CREEK, ARIZONA, AMENDING
VARIOUS 184 SECTIONS OF THE TOWN OF CAVE CREEK TOWN CODE CHAPTER 52
ENTITLED 185 “WATER” BY AMENDING “CITIZENS WATER ADVISORY
COMMITTEE” SECTION 186 52.601 “CREATION” AND SECTION 52.602
“FUNCTIONS AND PURPOSES” AND 187 SECTION 52.603 “MEMBERSHIP,
COMPOSITION, TERMS AND QUALIFICATIONS” AND 188 52.604 “COMMITTEE
ORGANIZATION” AND 52.605 “COMMITTEE REPORTS” AND 189 52.606
“LIMITATION OF POWERS” AND 52.999 “PENALTY,” ESTABLISHING AN 190
EFFECTIVE DATE AND PROVIDING FOR REPEAL AND SEVERABILITY. 191
Mr. Sims introduced the item and noted the changes based on the
last Council meeting discussions. Typo 192 on page 205 52.602 H the
word “the” should be removed. 193 194 Councilmember asked who the
Wastewater Subcommittee would report to. 195 Mr. Sims responded
directly to Town Council. 196 197
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03022020 Regular Town Council Meeting Minutes Page 5 of 6
Public Comment. None. 198 199 Mayor Bunch asked for a Motion. 200
Motion: Vice Mayor Smith, Motion to Give Second Reading of
Ordinance No. 2020-03, an ordinance of 201 the Mayor and Council of
the Town of Cave Creek, Arizona, amending various sections of the
Town of 202 Cave Creek Town Code, Chapter 52 Entitled "Water" by
amending "Citizens Water Advisory 203 Committee" Section 52.601
"Creation" and Section 52.602 "Functions and Purposes" and Section
52.603 204 "Membership, Composition, Terms and Qualifications" and
52.604 "Committee Organization" and 205 52.605 "Committee Reports"
and 52.606 "Limitation of Powers" and 52.999 "Penalty,"
establishing an 206 effective date and providing for repeal and
severability with the correction of the typo. 207 Second:
Councilmember Clancy. 208 209 Mayor Bunch asked for Council
comments. 210 Vice Mayor Smith recognized the good work. 211 212
The motion passed 7 to 0, by Voice Vote. 213 Mayor Bunch; yes, Vice
Mayor Smith; yes; Councilmember Clancy; yes, Councilmember
Diefenderfer; 214 yes, Councilmember McGuire; yes, Councilmember
Morris; yes, Councilmember Royer; yes 215 216
2. FIRST PUBLIC HEARING ON THE PROPOSED EXTENSION OF AN ALTERNATIVE
217 EXPENDITURE LIMITATION - HOME RULE OPTION. 218
Introduced by Mr. Weddigen. 219 220 Mayor Bunch asked for Council
questions. None. 221 222 Public Hearing Opened at 8:14 p.m. 223 Mr.
Reg Monachino, 5450 E Desert Creek Lane asked how the base rate is
calculated. He requested a report 224 on the calculations. He
stated that voters can vote to adjust the basis. 225 Mr. Kerry
Smith questioned the basis for coming up with the $11 million
dollars. He also asked for the 226 pro/cons for all options. He
asked for the cons for Home Rule not just the pros and would the
Enterprise 227 Fund be included in the calculation. 228 Mr.
Weddigen responded to the questions asked. He explained that the
State Limitation calculation is 229 provided by the State and then
calculated by himself to come up with the $11 million based on the
State’s 230 instructions. He discussed pro/con of other options.
231 Mayor Bunch asked Mr. Weddigen how the Town would manage plans
for large capital improvement 232 project expenditures in the
budget under other options. 233 Vice Mayor Smith commented that if
Home Rule fails to pass the Town would be devastated; he considered
234 what would happen to the revenues, and how the Town would
manage obligations for maintenance and 235 improvements. 236 Mr.
Sims commented that the State Option is draconian. He reviewed the
other options. He recommended 237 an analysis on Permanent
Adjustment versus Home Rule. 238 Mr. Sova commented that Home Rule
passed in 2016 with a margin of 60/40. He recognized that the Town
239 needs to educate the public. 240 Mr. Bill Basore spoke in
support of Home Rule. 241 Public Hearing Closed at 8:33 p.m. 242
243 Mayor Bunch asked for Motion to Adjourn. 244 Motion:
Councilmember Clancy Motion to adjourn at 8:33 p.m. 245 Second:
Councilmember Royer. 246 247
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03022020 Regular Town Council Meeting Minutes Page 6 of 6
The motion passed 7 to 0, by Roll Call Vote. 248 Mayor Bunch; yes,
Councilmember Clancy; yes, Councilmember Diefenderfer; yes,
Councilmember 249 McGuire; yes, Councilmember Morris; yes,
Councilmember Royer; yes. 250 Adjourned at 8:33 p.m. 251 252 Dated
this 3rd day of March 2020. 253 254 ____________________________
________________________________ 255 Jane Fuller, Deputy Town Clerk
Ernie Bunch, Mayor 256
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ACTION ITEM REQUEST TO: Carrie Dyrek, Town Manager FROM: Robert
Weddigen DATE: 1/23/20 FOR 3/16/2020 Council Meeting
SUBJECT: Second public hearing on the proposed extension of an
alternative expenditure limitation – home rule option and council
discussion and approval of resolution R2020-09 proposing an
alternative expenditure limitation- home rule option
REQUEST FOR COUNCIL ACTION: Motion to approve Resolution R2020-09,
a Resolution of the Mayor and Town Council of the Town of Cave
Creek, Maricopa County, Arizona proposing an alternative
expenditure limitation.
RECOMMENDATION: Approve resolution.
SUMMARY: The State mandates restrictions on expenditures of the
Town to an amount based on revenues received in 1980 and adjusted
for inflation and population. Because this resulted in less than
anticipated expenditures, since 1999 the Town has elected to use an
alternative expenditure limitation (home rule option). In order to
utilize the home rule option and maintain sufficient expenditure
authority staff recommends the resolution be adopted.
FINANCIAL IMPLICATIONS: The expenditure levels of the Town would be
reduced to a level that it would not support fully support either
general governmental functions, nor utility operations.
ALTERNATIVES: N/A
ATTACHMENTS: Presentation on Alternative Expenditure
Limitation
C:\Users\jfuller\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XERMPPK8\March
16 - AELR Election Home Rule Option Hearing 2 Resolution Action
Item Request for Council Meeting_.doc
Page 35 of 55
A.R.S. 41-563
increases in population and inflation – contains
many exclusions/adjustments
limitation?
limit with exclusions is $11,614,290
• A difference of $ $18,782,842
3
for example:
• Permanent Adjustment
PERMANENT BASE ADJUSTMENT
A voter approved permanent base adjustment to the state imposed
limitation permanently modifies the base. The base is adjusted for
changes in population and inflation in arriving at the current
years expenditure limit. However, there are exclusions allowed. No
future election is required to keep this option unless the city or
town wishes to change the base again to affect their expenditure
limitation.
5
Page 40 of 55
CAPITAL PROJECTS ACCUMULATION FUND
A voter approved capital projects accumulation fund is an
alternative that allows a city or town that finds the state imposed
limit acceptable except for capital project costs. The town or city
could then exclude capital project expenditures from the limit.
This alternative would have to be voted on every year.
6
ONE-TIME OVER RIDE
A voter approved one-time over ride allows a city or town to have
an expenditure in excess of its state imposed expenditure
limitation. The purpose of the expenditure in excess of the limit
must be identified prior to the vote of the public. The process to
adopt this option would have to be repeated every year.
7
HOME RULE
A voter approved home rule expenditure limitation option allows a
city or town to have an expenditure limit with no ties to the state
imposed limitation. The limit is equal to the annual adopted
expenditure budget. There are no exclusions. The process to adopt
this alternative must be repeated every four years.
8
Used by 45 of 78 towns/cities using an alternative
The Town has operated under the Home Rule option since 1999
9
10
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Motion to approve Resolution No. R2020 – 09, a Resolution of the
Mayor and Town Council of the Town of Cave Creek, Maricopa County,
Arizona proposing an alternative expenditure limitation.
11
RESOLUTION NO. R2020-09
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
CAVE CREEK, MARICOPA COUNTY, ARIZONA PROPOSING AN ALTERNATIVE
EXPENDITURE LIMITATION.
WHEREAS, the Arizona State Constitution permits the submission to
the voters of a city or town of an alternative expenditure
limitation; and
WHEREAS, the voters of the Town of Cave Creek in May, 1999 adopted
an
alternative expenditure limitation, and renewed the Home Rule
Option alternative expenditure limitation in May, 2003, May 2007,
May 2011 and in August 2016; and
WHEREAS, the Town Council of Cave Creek, after two public hearings
has
determined that an extension of the alternative expenditure
limitation is necessary for the Town of Cave Creek; and
NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN
OF CAVE CREEK, ARIZONA that the following alternative expenditure
limitation be submitted to the voters of the Town of Cave Creek:
Shall the following be adopted by the Town of Cave Creek as an
alternative expenditure limitation: “The Mayor and Town Council of
the Town of Cave Creek shall annually, as part of the annual budget
adoption process, adopt an alternative expenditure limitation equal
to the total amount budgeted expenditures/expenses as it appears on
the annual budget as adopted by the Council to apply to the Town of
Cave Creek for each of the four fiscal years immediately following
adoption of the alternative expenditure limitation. The alternative
expenditure limitation shall be adopted each year after a public
hearing at which the citizens of the Town of Cave Creek may comment
on the proposed alternative expenditure limitation. No expenditures
may be made in violation of such alternative expenditure
limitation, nor may any proposed expenditures be in excess of
estimated, available revenues, except that the Mayor and Town
Council may, by three-fourths vote, declare an emergency and
suspend the alternative expenditure limitation. The suspension of
the alternative expenditure limitation shall be in effect for only
one fiscal year at a time.” PASSED AND ADOPTED by the Mayor and
Council of the Town of Cave Creek, Arizona this _______ day of
_____________, 2020.
Page 47 of 55
ATTESTED TO: FOR THE TOWN OF CAVE CREEK:
_____________________________ _____________________________ Carrie
Dyrek, Town Clerk Ernie Bunch, Mayor APPROVED AS TO FORM:
_______________________________ William J. Sims, Town
Attorney
Page 48 of 55
DATE: 02-12-2020
SUBJECT: Approve a Sole Source equipment purchase with Veolia Water
Technologies Inc. (dba Kruger
Water Technologies) for replacement parts required to rebuild the
two tertiary filter units at the
Water Reclamation Facility, for an amount not to exceed
$110,275.
REQUEST FOR COUNCIL ACTION: Motion to approve Sole Source equipment
purchase with Veolia Water
Technologies Inc. (dba Kruger Water Technologies) for replacement
parts required to refurbish the two tertiary filter
unit at the Town’s Water Reclamation facility, for an amount not to
exceed $110,275
RECOMMENDATION: Staff recommends that Town Council will consider a
request to approve a Sole Source
equipment purchase with Veolia Water Technologies Inc (dba Kruger
Water Technologies) for replacement parts
required to rebuild the two tertiary cloth disc filter units at the
Water Reclamation Facility.
SUMMARY: The Town’s Water Reclamation facility has two Veolia
Hydrotech Discfilter units. Each unit has 84
cloth filter panels mounted in rows around a centre shaft. The
filter panels remove fine particles from the plant
effluent. This final filtering is considered a tertiary treatment
process and is required by our operational permit for
the facility to meet turbidity requirements.
The filters units have been in operation since the plant was
originally constructed in 2010. Recently staff have had
issues with the north filter and the unit is currently out of
service. The support brackets that hold that cloth filter
panels in place have started to break due to their age and that
caused the unit to jam.
After an inspection, it was determined the several of the
replaceable parts in the unit had reached the end their
useful lives like the bearings on the main support shaft. The
replaceable parts in the south filter are in similar
condition. It requires a complete disassemble of the units to
replace the support brackets and main support shaft. It
is therefore advisable to change out all replaceable parts at the
same time to fully refurbish the units.
The units are manufactured by Veolia Water Technologies Inc (dba
Kruger Water Technologies) and they are the
only company able to provide replacement parts. The Town contacted
the manufacture and obtained a quote for
replacement parts in the amount of $110,275, including freight and
taxes. In accordance with Section 37.03 of
Page 49 of 55
Town Code, staff is requesting for Council to approve this purchase
without securing additional bids as the parts
are considered an exclusive service.
FINANCIAL CONSIDERATION:
The repair of the two Veoloa Hydrotech Discfilters was not
contemplated in the original formulation of the FY2020
budget for the Cave Creek Wastewater System Enterprise fund. The
expected cost of the repair parts is $110,275.
No budget transfer from other departments or funds will be
necessary for this project. In additional to using the
Wastewater Enterprise Fund Maintenance line item (40-021100-2080),
there will be budget/expenditure authority in
the Professional Services line item (40-021100-2049) of the Cave
Creek Wastewater System budget that can be
used to fully fund this purchase.
ALTERNATIVES:
1. Approve the Sole Source equipment purchase for the replacement
parts required to rebuild the two tertiary
filter units at the Water Reclamation Facility
2. Deny the use of the Sole Source equipment purchase and ask staff
to determine another way to obtain bids
for the replacement parts, which will delay the repairs of the
units.
ATTACHMENTS:
2. Exhibit 2 – Filter Schematic – Site Photo
3. Exhibit 1: Quotation from Veolia Water Technologies Inc (dba
Kruger Water Technologies)
Page 50 of 55
Location Map
Filter Units
Page 52 of 55
QUOTE QUOTE NO. 021320
DATE: 03.13.20
Veolia Water Technologies, Inc. (dba Kruger Water Technologies)
1500 Garner Road, Suite C Raleigh, North Carolina 27610 USA PHONE
888-578-4378 FAX 919-661-4568 EMAIL:
[email protected]
EXPIRATION DATE: 04/13/20 This quote is valid for 30 days
TO Contact Name: Scott Piercy Company: Cave Creek Water Ranch WT
Address: 4300 East Carefree Highway Cave Creek, AZ 85331 Phone:
480.488.1400 Email or Fax:
[email protected]
FROM: Tom O’Shea Customer Support Manager West Region
[email protected] CELL 980.201.1951
SALESPERSON JOB PAYMENT TERMS DELIVERY TERMS DELIVERY
SCHEDULE
TPO CS601461/CB745003 Net 30 Days F.O.B. Prepaid & Add
Destination 6-7 WEEKS ARO
QTY PART NUMBER AND DESCRIPTION UNIT PRICE LINE TOTAL
* NOTE: The attached Veolia Water Technologies, Inc (dba Kruger
Water Technologies) Quotation is for Parts Only. The pricing is
expressly contingent upon the items in this quotation & are
subject to Veolia Water Technologies, Inc. (dba Kruger Water
Technologies) Standard Terms of Sale for Parts Orders as detailed
herein. No add’l terms contained within Owner's and/or Engineer's
Plans & Specifications shall apply to nor become a part of this
Quote.
MODEL HSF2206-1F SN 6473:6474
$230.51 $38,726.38
168 VWS#: SPSVFI303383 COVER FOR FILTER SEGMENT COVER FOR FILTER
SEGMENT 1014989 (606769)
$87.53 $14,705.81
$12.01 $2,017.71
$6.46 $1,085.31
$5.59 $469.93
$48.82 $1,171.63
24 VWS#:SAFIFI200474 PIN FOR STRAP (FILTER SEGM) M8 1007396
(606769)
$12.61 $302.63
24 VWS#:SAFIFI200475 PIN FOR STRAP (FILTERSEG) Ø8.5 1007401
(606769)
$12.61 $302.63
2 VWS#:CMSPGU202226 ROTATION STOP SET HSF2200 AISI316L 1012718
(606769)
$14.01 $28.02
$2.20 $738.46
$0.56 $466.20
$2.46 $1,241.96
$2.46 $827.97
24 VWS#: CMSPGU202225 SCREW HEX. SOCKET MC6S M8X50D A4-80 DIN912
1007397 (606769)
$2.00 $47.95
$11,754.35 $23,508.69
$3,691.20 $7,382.39
$65.85 $274.30
SUBTOTAL $93,297.98
LESS 15% DISCOUNT Included
ALL PRICES SUBJECT TO COST AND AVAILABILITY AT TIME OF ORDER.
PROCESSING FEE WAIVED
PRICES QUOTED ABOVE DO NOT INCLUDE SHIPPING, BROKERAGE, ESTIMATED
FREIGHT
$8,300.00
CUSTOMS DUTIES & FEES, START UP SERVICES, APPLICABLE TAXES.
9.3% AZ SALES TAX
$8,676.71*
MINIMUM ORDER $50.00. TOTAL US $110,274.70*
Quotation prepared by: Tom O’Shea REF Quote #120419
___________________ To accept, sign here and return*:
_____________________________________________________________________________________
THANK YOU FOR YOUR BUSINESS!
Veolia Water Technologies, Inc (dba Kruger Water Technologies) -
The Quote is for Parts Only. The pricing is expressly contingent
upon the items in this quotation & are subject the attached
Veolia Water Technologies, Inc. (dba Kruger Water Technologies)
Standard Terms of Sale for Parts Orders as detailed herein. No
additional terms contained within Owner's and/or Engineer's Plans
& Specifications shall apply to nor become a part of this
Quote.
PLEASE NOTE: A signed Quotation is required to process
order. If you submit a PO, please reference Veolia Water
Technologies, Inc (dba Kruger Water Technologies) Quotation number
to
process order.
VEOLIA WATER TECHNOLOGIES, INC. (DBA KRUGER WATER TECHNOLOGIES) -
STANDARD TERMS OF SALE - PARTS ONLY ORDERS
1. Applicable Terms. These terms govern the purchase and sale of
the equipment and related services, if any (collectively,
"Equipment"), referred to in Seller’s purchase order, quotation,
proposal or acknowledgment, as the case may be ("Seller’s
Documentation"). Whether these terms are included in an offer or an
acceptance by Seller, such offer or acceptance is conditioned on
Buyer’s assent to these terms. Seller rejects all additional or
different terms in any of Buyer’s forms or documents.
2. Payment. Buyer shall pay Seller the full purchase price as set
forth in Seller’s Documentation. Unless Seller’s Documentation
provides otherwise, freight, storage, insurance and all taxes,
duties or other governmental charges relating to the Equipment
shall be paid by Buyer. If Seller is required to pay any such
charges, Buyer shall immediately reimburse Seller. All payments are
due within 30 days after receipt of invoice. Buyer shall be charged
the lower of 1 ½% interest per month or the maximum legal rate on
all amounts not received by the due date and shall pay all of
Seller’s reasonable costs (including attorneys’ fees) of collecting
amounts due but unpaid. All orders are subject to credit
approval.
3. Delivery. Delivery of the Equipment shall be in material
compliance with the schedule in Seller’s Documentation. Unless
Seller’s Documentation provides otherwise, Delivery terms are
F.O.B. Prepaid and Add Destination
4. Ownership of Materials. All devices, designs (including
drawings, plans and specifications), estimates, prices, notes,
electronic data and other documents or information prepared or
disclosed by Seller, and all related intellectual property rights,
shall remain Seller’s property. Seller grants Buyer a
non-exclusive, non- transferable license to use any such material
solely for Buyer’s use of the Equipment. Buyer shall not disclose
any such material to third parties without Seller’s prior written
consent.
5. Changes. Seller shall not implement any changes in the scope of
work described in Seller’s Documentation unless Buyer and Seller
agree in writing to the details of the change and any resulting
price, schedule or other contractual modifications. This includes
any changes necessitated by a change in applicable law occurring
after the effective date of any contract including these
terms.
6. Warranty. Subject to the following sentence, “Supplier warrants
to Purchaser that the Equipment shall materially conform to the
description in Supplier’s RFP and shall be free from defects in
material and workmanship. Supplier shall have no other liability to
Purchaser under warranty, tort or any other legal theory. If
Purchaser gives Supplier prompt written notice of breach of this
warranty within ninety days (90) on electrical supplies, one (1)
year on mechanical supplies from delivery, (the "Warranty Period").
Supplier shall, at its sole option and as Purchaser’s sole remedy,
repair or replace the subject parts or refund the purchase price
thereof. If Supplier determines that any claimed breach is not, in
fact, covered by this warranty, Purchaser shall pay Supplier its
then customary charges for any repair or replacement made by
Supplier and there shall be a thirty-five percent (35%) re-stocking
charge. Supplier’s warranty is conditioned on Purchaser’s (a)
operating and maintaining the Equipment in accordance with
Supplier’s instructions, (b) not making any unauthorized repairs or
alterations, and (c) not being in default of any payment obligation
to Supplier. Supplier’s warranty does not cover damage caused by
chemical action or abrasive material, misuse or improper
installation. THE WARRANTIES SET FORTH IN THIS SECTION ARE
SUPPLIER’S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE
LIMITATION OF LIABILITY BELOW. SUPPLIER MAKES NO OTHER WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. “
7. Indemnity. Seller shall indemnify, defend and hold Buyer
harmless from any claim, cause of action or liability incurred by
Buyer as a result of third party claims
for personal injury, death or damage to tangible property, to the
extent caused by Seller's negligence. Seller shall have the sole
authority to direct the defense of and settle any indemnified
claim. Seller’s indemnification is conditioned on Buyer (a)
promptly, within the Warranty Period, notifying Seller of any
claim, and (b) providing reasonable cooperation in the defense of
any claim.
8. Force Majeure. Neither Seller nor Buyer shall have any liability
for any breach (except for breach of payment obligations) caused by
extreme weather or other act of God, strike or other labor shortage
or disturbance, fire, accident, war or civil disturbance, delay of
carriers, failure of normal sources of supply, act of government or
any other cause beyond such party's reasonable control.
9. Cancellation. If Buyer cancels or suspends its order for any
reason other than Seller’s breach, Buyer shall promptly pay Seller
for work performed prior to cancellation or suspension and any
other direct costs incurred by Seller as a result of such
cancellation or suspension.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE
CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND
SELLER’S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE
OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE
EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED
ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
11. Miscellaneous. If these terms are issued in connection with a
government contract, they shall be deemed to include those federal
acquisition regulations that are
required by law to be included. These terms, together with any
quotation, purchase order or acknowledgement issued or signed by
the Seller, comprise the complete and exclusive statement of the
agreement between the parties (the “Agreement”) and supersede any
terms contained in Buyer’s documents, unless separately signed by
Seller. No part of the Agreement may be changed or cancelled except
by a written document signed by Seller and Buyer. No course of
dealing or performance, usage of trade or failure to enforce any
term shall be used to modify the Agreement. If any of these terms
is unenforceable, such term shall be limited only to the extent
necessary to make it enforceable, and all other terms shall remain
in full force and effect. Buyer may not assign or permit any other
transfer of the Agreement without Seller’s prior written consent.
The Agreement shall be governed by the laws of the State of North
Carolina without regard to its conflict of laws provisions.
Veolia Water Technologies, Inc. (dba Kruger Water Technologies) –
Standard Terms of Sale
Page 55 of 55
A. 1. 02182020 Regular Town Council Meeting Minutes
A. 2. 03022020 Regular Town Council Meeting Minutes
B. 1. Cave Creek Farmers Market
B. 2. AELR Election Home Rule Option Hearing 2 R2020-09 Action Item
Request
B. 2. AELR Presentation March 16th
B. 2. AELR Resolution No. R2020-09 Proposing an Alternative
Expenditure Limitation
B. 3. Veolia WRF Filter Action Item Request (02)
B. 3. Veolia Water Technologies Inc Exhibit 1 - Site Map_
B. 3. Veolia Water Technologies Inc Exhibit 2 - Filter Schematic -
Site Photo_