Carefree’s Future Matters VI, E19, V1
Friends of Carefree, the Council held an Executive session on October 1; no details were made available. The regular monthly Town Council meeting was held on October 6.
Town Council Meeting, October 6, 2015, 5 p.m.
Items 1 – 8, Consent Agenda: All 8 items were related to routine town business (meeting minutes, bills, financial reports, event permit(s), and general agreement(s). Item #3, Paid Bills, was held for discussion at the request of Councilman Farrar.
All other Items were approved 7 – 0.
Councilman Farrar questioned costs related to the previously approved project for 2 Fireplaces in the amount of $30,030. The town check register has listed 4 payments to Holmes Construction (the winning bid by $7,000) totaling $47,080, to date. Mr. Neiss explained that $10,000 of that amount was for construction of a ‘retaining wall’ related to the Splash pad project, an expense not previously approved. [The approved Fireplace project seems to have overlooked the required electric and gas work, which has added at least $3,500 for electric work, so far. There is also $14,000 for fireplace furniture (per Councilwoman Price, delivered Wednesday) and a skids of pavers not previously included in the project budget.]
Councilman Farrar also expressed concern over the slope of the pavers at the west side fireplace saying that there appears to be about a one foot change in elevation. He was assured that the supplier, Councilwoman Price, and Mr. Neiss checked the site and were satisfied it was suitable for furniture placement. Item #3 was then approved 7 – 0.
Item 9, Call to the Public: This was a 75 minute session during which the primary topic was the Cellar 13/ Bodega 13 venture. The issues were many and appear to involve disagreements between the owner(s) and the town building inspector regarding applicability of Statutes/codes and presumed violations of such in relation to a 200sf renovation project of the former Cellar 13 premises. During the discussion several individuals were permitted an extended time to speak, well in excess of the routine 3 minute speaking limit. Here is a brief outline:
Gentleman #1 – Spoke in support of Cellar/13.
Andrew Goulder, principal of an electrical engineering firm in Carefree, spoke in support of the venture. He knew of no electrical violations and saw no reason the inspector required moving a surface mount electrical panel located on the lower level.
Jeff Huff, a realtor doing business in the same complex, just north of Cellar 13, spoke in support of the venture. He said we don’t need any more vacancies in town.
Larry Foppe, owner of the new venture and imminent owner of the adjacent Cigar store, spoke at length regarding issues his venture has faced since beginning work on converting Cellar 13 into Bodega 13 several months ago. The 200sf renovation project has become an untenable situation, costing him 10s of thousands of dollars more than budgeted, essentially the result of disputes with Mike Tibbets, the inspector. He presented various photos, sections of code and other material in support of his belief that he is being unfairly penalized during what he described as a minor renovation. The dispute apparently began early on when the inspector refused to review the project without electrical plans being sealed (essentially certified), per statutes/code. Mr. Foppe, who also owns an electrical contracting firm, displayed a copy of the item in question and asserted that code did not apply in this situation. He went on to explain many of the specific points of contention he has encountered and how violations have been added piecemeal. In concluding, Mr. Foppe said he believed the inspector was bias from the beginning and biased still.
Mike Hightower, former owner of Cellar 13 and partner in the new venture, spoke in support of their efforts to reopen a popular Carefree business. He essentially expressed his dismay over the manner in which their efforts have been hindered by constantly changing requirements. He said he loves Carefree and does not want to relocate the new venture elsewhere.
[As an aside, it is rumored that the Bodega 13 venture may be at an impasse which could result in abandoning the effort in Carefree and moving into Stagecoach Village. That would be a big loss for Carefree.]
Mike Tibbet, Carefree building inspector, addressed the council regarding the issues raised by the owner(s) of Bodega 13. He began by explaining his requirement for a seal on the plans, citing ‘occupancy’ as the defining criteria in this instance. The code states the requirement of a seal for occupancy levels over 20; he said Cellar 13 had been 27. He mentioned a variety of other faults and noted that the plans he was given were not well done. When the final inspection was called he said a full building inspection had to be performed. He said he has not been given the final Health department or Rural Metro inspection reports.
When asked if life safety issues existed he said there were and he would not overlook code violations when such existed. He cited a dish washing station without proper clearance around an electrical box and a surface-mount electrical box near a water heater which could pose a life risk to someone working on that electrical box in the future.
He complimented Marty Holmes for providing very good plans for his Black Mountain Coffee Shop venture. [I’m not sure how this is relevant since it is an entirely unrelated matter. Marty Holmes is a contractor who has recently been used by the town for work on the fireplace and splash pad projects.]
At the conclusion of general discussion it was decided that all parties should meet, as soon as practical, to sort through the issues and try to achieve reasonable resolution. The Mayor made it clear we do not want to lose this business to a neighboring town, but Carefree would not sacrifice any life safety issues in that pursuit.
Captain Kip Rustenberg of MCSO sat patiently through more than an hour of public comments to announce a Public Safety Day event on Saturday from 10AM – 2PM at the Desert View Baptist Church, located at 105 W Carefree Hwy. In conjunction with Daisy Mountain Fire Department, MCSO will perform demonstrations and both organizations will have all sorts of equipment on display (helicopter, fire trucks, etc.).
Lyn Hitchon, a member of the Planning and Zoning commission, recounted an experience involving the installation of a significant number of solar panels on their property. She said that when obtaining the permit Mike Tibbet advised hiring an architect and an engineer. She said it was a valuable exercise, even though it added cost, because the professionals had offered a number of very worthwhile ideas. They made it a better project.
Herbert Hitchon, shared his perspective and expressed respect for building inspectors.
Marty Holmes, a local contractor, expressed his support for the building department. He said you don’t bend over for safety issues. He seemed to imply that Councilman Farrar had suggested that the Town let some things slide, a comment which Councilman Farrar absolutely refuted and was supported by Councilman Orrico.
Jim Van Allen complemented the Mayor for his financial presentation on the Gateway project during the last meeting and for the council making the best choice. He suggested that the town not approve parts of the project on a piecemeal basis, like the $98,000 - $118,000 APS cable burial item on the current agenda, but rather identify all related costs and then approve them as one overall project budget. He cited, as an example, the fact that the fireplaces were approved at less than $31,000 but due to the piecemeal costs being added after the fact the project is now almost double the approved figure. This is not the proper way to control town projects and associated funding.
Jim went on to say that the Mayor is the town CEO and as such he should attend the meeting all parties agreed to during the Call to the Public discussion and then cautioned that social media will treat Carefree harshly if the Town cannot amiably resolve the Bodega 13- Cellar 13 issue.
Councilman Miller, once again, defended the town’s spending as being well below budget, citing donations which will offset the town’s actual out of pocket expenses.
[It is true that several generous businesses and organizations have graciously pledged financial support and/or discounts for various projects. However public bodies, which have a fiduciary responsibility to residents, should never overlook the importance of a well-defined and publically approved budget for any major project, be it fireplaces, a splash pad, gateways, or whatever. For example, as outlined earlier in this document, the ‘Fireplace’ project was approved by the town council for $30,030 yet substantially more has been spent, so far. To date approximately $54,580 can be identified as directly related to the Fireplace project (includes furniture but excludes Holmes Construction cost to build a retaining wall for the splash pad, the cost of town staff overtime, and also the cost of a gas line and meter for which no billing has yet been seen. Real government transparency would dictate that a cost estimate closer to the actual $54,580+ should have been discussed and approved in a public meeting, not simply the base contract bid. Would any rational person actually commit to buying a new car without agreeing to the price for the entire vehicle including wheels and engine? What good would the body and interior be without the components that make it work?]
Item 10, Current Events: I believe these items were discussed, although my hand scribbled notes failed to identify them as such, and the official town voice recording was once again unavailable for verification, due to technical issues.
Councilwoman Price announced that another donor has stepped forward with a contribution for concrete and foundation work relating to Gateways.
Vice Mayor Crane reminded everyone that the Enchanted Pumpkin Garden will be open on October 16th through October 31st and the grand opening and dedication of the Kiwanis Splash Park is scheduled for Sunday, October 18th at 1:30PM.
[As of this meeting there was no update on the ADOT Bike Lane project. Construction was originally expected to commence in July but that date kept slipping. Mr. Neiss said there is a meeting scheduled for today (10/08) but no start date is currently known. With our Festival season already about to begin, residents and visitors can expect some travel disruption into and out of Carefree along major roadways throughout our high season.]
Item 11, Annual Audit of the Court: Although required every 3 years, the Carefree Court has traditionally opted for an annual financial audit. This year’s audit was once again a success with no findings noted. Significant accomplishments included the completion of combining the court operations and consolidating into Cave Creek, the hiring of a new judge, and validation of the Inter-Governmental Agreement (IGA) financial model used for the consolidation. Presiding Judge Stephanie Olohan addressed the Council, and Adrianne Larson was recognized for her continued excellent work. Gary Neiss made a presentation which showed the IGA financial model for consolidation had been validated. He concluded that each Town had saved over $140,000 a year compared to the costs of having two separate courts. Copies of the presentation were not available until this afternoon and will now be available on out Archives page. Approved for acceptance, 7 - 0
Item 12, Adoption of the revised Maricopa County Multi-Jurisdictional Multi-Hazard Mitigation Plan: Rural Metro Chief Kratz provided a high level overview of the plan which is to be adopted by approximately 27 jurisdictions within the county. The plan covers a five year period. It calls for Carefree to coordinate with other County, State, and Federal Agencies in the event of a regional disaster. It also allows Carefree to receive federal emergency funds and grants in the event of a disaster.
Approved, 7 – 0.
Item 13, Lease of 33 Easy Street, 1st Floor, to Ed Lewis: The town will agree to lease the 1st floor of the recently purchased 33 Easy Street building to Mr. Lewis for use as a Pre-Sales Center for his now approved luxury condominium project. He requires 20-25% pre-sales in order to obtain project financing. The lease is for 1 year, with a possible 1 year extension, for a base monthly payment of $2,680. The Mayor thanked Councilman Farrar for his research to determine the ‘fair market rent’ which amounted to $12 sf/yr. By comparison, recent & past leases in town show rent from zero to $22 sf/yr. Mr. Lewis will be responsible for any modifications to the premises to suit his needs. The lease for the current Council Chambers (and other unused space) expires July 31, 2016, so temporary space will be sought for meetings via a short term lease extension or facilities at Spirit of the Desert, the Resort, or the Fire station. Approved, 7 – 0.
Item 13, Bury APS power lines at Carefree Drive: In preparation for the Gateway at that entry point into the town core, the town requested an estimate from APS to bury the power lines currently spanning that entry (south side of Cave Creek Road). Mr. Neiss explained that APS is confident the project can be completed for approximately $98,000 by the end of October. There is a 20% contingency associated with the project which could potentially increase the total project cost by another $20,000. The immediate start was requested in order to avoid a conflict with the ADOT Bike Lane project. Approved, 7 – 0.
Item 15, Town Council updates. There was nothing major to report.
Marty Holmes asked where all the festival and art show vendors will park when the Lewis project gets underway. Councilman Miller stated that is a ‘Promoter’ problem.
Item 16, Adjournment: The meeting was adjourned at approximately 7:14PM.
Don’t forget to visit CarefreesFutureMatters.com
Respectfully submitted by Jim Van Allen and John Traynor
Ad campaign being foisted on us to raise property taxes
I hope my fellow property owners in Cave Creek and Carefree are paying attention to the ad campaign the Citizens for Education and Home Values is foisting on us to raise our property taxes to pay for a budget override for the Cave Creek Unified School District 93.
In the last week alone, this group has mailed three very large full color photo postcards to all the people in the school district. The postcard I received today was the largest one I’ve ever seen. It was an eight-and-a-half by eleven inch card with different full color photos on each side of it. Each postcard I’ve been mailed is a different ad with different photos. It must cost a fortune to design, print, and mail these to thousands of people. They probably plan to send out more of them until the election takes place.
I think the school district is not a good steward of our tax dollars. These very expensive postcards beg us to give them more tax dollars because they can’t live within their budget. It shows how they waste our money. The sky’s the limit in spending on these postcards because they are being paid for by [the Citizens for Education and Home Values PAC].
I urge the Cave Creek and Carefree property owners to vote no on the budget override for the Cave Creek School district 93. The school district should learn to live within their budget like the rest of us have to.
Susanne Nyberg
Carefree
Here we go again!
To paraphrase an old saying, if at first you don't succeed, try a different angle. This is what your Scottsdale City Council is doing to you, the taxpaying public. After TWO failed Property Tax Bond attempts, they rallied the troops and decided to try again. Pretending to be fiscally responsible, they reduced the size and cost of this new bond tax and managed to get 6 votes to move it forward. I alone dissented and I will tell you why.
Don't be fooled! If the last bond election was lipstick on a pig, this new one is merely lipstick on a piglet. Just because they reduced the size and scope doesn't change the real reason they want you to tax yourself.
It's is not about doing worthy projects that are sorely needed. We can do that anytime with taxes already collected from you. Currently there is over $20 million in the Unreserved Fund Balance, an account holding overpaid taxes the city didn't use. Add to this Contingency Funds, which is money set aside for emergencies in each department. Then there are budgets for each department to carry out their respective responsibilities to the citizens, as well as Federal, state, county and intergovernmental grants and matching funds. If we are short on cash to do these bond items why didn't the departments come forth during the budget talks?
Because it's not about the projects! Look at a few of the so-called “crucial” items they want you to tax yourself for: Sidewalk repair for the millionaire residents at Optima by Fashion Square? Shouldn't the developer have paid for that? Why you? How do YOU benefit? How about bike lanes on McDowell? Who asked for that and why is that so crucial? Or maybe Fire Station 613, which we have been dangling in front of the public's nose for years when in reality we were already planning on building it! (see my video at: You Tube Tax Bond 2015 Guy Phillips).
Did you know that the state allows municipalities like Scottsdale to raise your secondary tax rate by 2% each year through council vote? If these items were so crucial to Scottsdale's survival why didn't council just go ahead and vote to raise your tax?
The reason is two-fold. One, because they aren't necessary or crucial, and two, because politicians don't have the backbone to raise your taxes as it doesn't bode well for them at election time. It's better they trick you into voting your own tax increase and then can say they didn't raise taxes.... you volunteered!
No, it's not about the projects. Okay Councilman Phillips, then what is it really about? I will tell you! It is about getting you to tax yourself for 20 years at 3-4 % interest in order to free up General Fund money to support a special interest project known as the Desert Discovery Center. This $80 million dollar White Elephant has been bogged down by excessive costs and residents who don't want to see this commercial venture in our Preserve. Certain members of council who are pushing this forward know that if the Desert Discovery Center went to public vote, in the form of a bond no less, that it would be voted down. So in order to get the $2-3 million needed every year to service the debt incurred from this massive loan, they concocted a shell game where you, the low information voter, would agree to tax yourself in return for a few contrived and unnecessary amenities you didn't know you needed in the first place.
I am a small business blue collar worker, not a Banker or CEO like others on the council, who don't mind overburdening the middle class with yet another tax increase to help their special interest friends and projects. When you elected me as your representative on the city council I said I would be your watchdog on wasteful and irresponsible spending by the city. I would say this fits the bill!!
I urge you to Vote NO! For the third and final time and let these bureaucrats know you will not be duped into an unwanted and unneeded property tax increase.
Click here to watch an eye opening video on how the city hides projects until they see if you will tax yourself first!
Guy Phillips
Scottsdale City Council
Scottsdale bond election
Scottsdale will be asking you to vote on a new bond proposal that will raise the property tax you pay. Similar proposals have been voted down in the last few years, mainly because the council did not allow you to vote on specific projects separately, but rather combined many projects into each bond question. The obvious problem with this approach is that residents have no control over where money is spent, and also there are bad projects put in the same question with good ones. This bond proposal isn’t much different, so obviously the council majority is not getting the message which is let us select which projects we feel should be funded. Councilman Phillips also raised valid issues with his My Turn in today’s Arizona Republic and is not supporting the bond package. It is included below if you haven’t seen it. Councilman Smith and Councilwoman Milhaven also had a My Turn urging you to support the entire bond package and I have included that below as well. Councilwoman Littlefield, who opposed the last bond election is supporting this one.
The real problem is that the city has assets that are not being maintained, including buildings, parks, roads, and infrastructure other than water and sewer that have their own fees to cover maintenance. There is no line item in the annual budget for maintenance of assets, much less for capital improvements. Instead they are using bonds to raise the money required to repair and or replace assets as well as for capital expenditures (new projects). No business could be run this way and the city shouldn’t be run this way either. We need to fix this and raise enough money each year to put some aside to cover maintenance of our assets, just like any successful business would do, however that won’t happen with this council and therefore the only real solution is to change the makeup of the council.
The other problem is that some of what is proposed as capital projects was caused by up-zoning land, increasing population density, and therefore taxing our existing infrastructure. The expansion of Happy Valley Road is a typical example of costs that should have been borne by the developers, who benefitted from the zoning change, and not by residents.
While I am upset that they still aren’t getting the message, and even worse that they are not planning for, and funding, much needed maintenance of city assets, and also agree with some of Councilman Phillip’s concerns, we need to invest in our city to keep it the great place it is, so from my perspective I think the right thing to do is pass this bond package and then put pressure on the council to spend it wisely. If we continue to not invest in our city, it will continue to degrade and we shouldn’t let that happen.
There are certainly valid reasons to go either way, so use your best judgment, but I have given you what guidance I can in forming my own opinion. You can find information on the bond election at http://www.scottsdaleaz.gov/elections.
Howard Meyers
Annual Turkeys to Troops
What does it take to feed 2,500 military families a Thanksgiving dinner? You!
Autumn is just around the corner with that is the start of AZ Heroes to Hometowns Turkeys to Troops program. Once again we are providing OEF/OIF Injured/Wounded Troops, Deployed Military Families, Guard, Reserves, and Active Duty Military with the fixings for a Thanksgiving dinner for their families. AZ Heroes to Hometowns has entered into partnership with local food banks to provide 2,500 food boxes to support these military families for the 2015 Thanksgiving season.
To ensure the success of this project, AZ Heroes to Hometowns is in need of 2,500 - $20.00 grocery gift cards or monetary donations for a turkey or ham to complete the food boxes for Thanksgiving. Donations of grocery gift cards and checks may be mailed to AZ Heroes to Hometowns. Also, Pay-Pal may be used for donations; information can be located at www.azheroestohometowns.org. All donations received with subject: Turkey to Troops will be used for this project.
Donations are needed by November 11th, 2015 to allow time for the purchase of grocery gift cards and deliver them to the six Arizona locations to be distributed along with the food boxes.
In partnership with AZ Heroes to Hometowns, you can thank our military service members and their families and let them know, Arizonan care, in helping provide a much needed Thanksgiving Dinner.
Please consider helping those families that have done their part to fight for our freedom:
Thank you in advance for your assistance and support of our troops.
Kathy Pearce
Kathy Pearce, Founder, CEO AZ Heroes to Hometowns
[email protected]
AZ H2H, P.O. Box 31646, Mesa, AZ 85275
Where are the migrants’ neighbors?
One really should be asking where are the governments of the adjacent countries to the Syrian migrants who are flooding into European countries? Do Egypt, Jordan, Saudis Arabia, and Kuwait have neither the funds or real estate to settle these emigrants or are they afraid some might be terrorists? Perhaps Obama and the other heads of governments should consider some of these points.
Aaron Grenley
Carefree
Who is responsible for raising your property taxes?
Maricopa County Treasurer Hos Hoskins made headlines with the policy letter he included with recent property tax bills for Maricopa County residents. (Note for those living outside of the "Great State of Maricopa": this does apply to you, as well.) Hoskins has re-opened an interesting policy debate about the extent to which property tax burdens have been shifted from business property taxpayers to residential property taxpayers (or vice-versa, depending on your point of view). We have included some links below about that debate.
Setting aside the debate about the burden shift, Hoskins made a claim that is very counterproductive to the efforts of property taxpayers to fight for tax relief. Multiple times in his letter, Hoskins made the following claim: "Voicing your opinion to anyone other than your legislators will change nothing."
That claim is highly misleading.
Consider just a few examples from your property tax bill. If you look closely, you will see several line-item levy amounts from several different local government taxing authorities: your K-12 school districts, your community college district, your city government, your county government, and multiple special taxing districts. Each of those taxing districts have authority, completely independent of the state Legislature, to raise (or more rarely, lower) your property tax levy.
(Note: Always focus on the levy, which is the actual number of dollars you must pay, rather than the rate. If local officials brag to you that they have lowered property tax rates, hold onto your wallet and ask them what is going to happen to your actual levy.)
Many Arizona school districts and municipalities have put budget override and bond measures on your November 3 ballot. If passed by voters, those measures will increase your property tax bill. Those measures were not placed on your ballot by the Arizona Legislature. They are on your ballot, and driving up your tax bill, at the sole discretion of local elected officials. Your school district board members are under no legal (or in our opinion, moral) obligation to try to push for an override.
For example, Phoenix Union school board members could have decided that spending $9,627 per student (in current expenditures, not counting capital and other costs) is enough. Even without the override, Phoenix Union will spend more than $9,000 per student - enough money to put two teachers in every classroom of 25 students and pay each of those teachers $75,000 per year. Instead of trying to raise taxes via an override, the Phoenix Union board members could cut excess administration and other waste. Contact us at [email protected] if you want us to send you a flyer for your own school district.
We as citizens and taxpayers must hold the local officials in our cities, counties and school districts accountable for the dollars they choose to spend. See AFP's Local Government Scorecard to learn more about holding your local officials accountable.
Back to the interesting debate on the business-residential property tax levy shift .... for a defense of the shift and Proposition 117 (which passed in 2012), visit http://www.arizonatax.org/sites/default/files/press_release/atra_response_to_hoskins.pdf for the response of the Arizona Tax Research Association to the Hoskins letter. Or visit http://www.arizonatax.org/sites/default/files/press_release/atra_response_to_hoskins.pdfvfor Senator Debbie Lesko's response.
Boaz Witbeck
Americans for Prosperity
[email protected]
Guns - Stopping That One Person
Would making guns illegal in America eliminate our American mass murder horror?
Has making marijuana illegal for most of the country eliminated the use of pot? Has making cocaine and heroin illegal eliminated the use of these drugs in our country?
Prostitution is illegal in most of America. Is there prostitution in America? If we made cigarettes and alcohol illegal would this eliminate their usage in America? Murder is illegal in America but it happens about forty times a day in our country. Stealing is illegal but how much shoplifting goes on in Wal-Mart every single day? Making anything illegal does not stop the activity. By the way over 1700 people were killed with knives in 2010.
If we made guns in America illegal would Mexico suddenly have a new tremendous source of revenue? They disperse drugs throughout America and people buy them and use them. Can you imagine if we tried to make casino gambling in this country illegal? Some of the senior adults in this country would throw a fit. I live about fourteen miles from a very big and active Casino and the senior citizen buses coming and going are quite amazing. I have spent maybe $20 in my lifetime playing the one arm bandit. It doesn't do a lot for me. I've heard horror stories of people losing everything in casinos. Yet, while I don't feel gambling is the best use of my time what business is it of mine if others want to throw their money away? Except, it becomes my business when those same people have to fall back on welfare or society to take care of them.
It's none of my business if people want to own guns. It's my business if they want to walk into a school or my house armed and intent to kill.
I am a Second Amendment guy. I own some guns. I never want to point one at somebody unless my family, innocent people or I are in danger.
Some gun control would not hurt our nation. We monitor a lot of things in this country and a few checks and balances on guns would not end the world.
For example, we could live with a two week or even a 30-day waiting period on buying a firearm. Everyone should fill out paperwork when buying a gun. Showing a government issued ID and allowing time for a proper background check would not hurt anybody. We further need a gun sponsor program in this country. People under 25 years old should have an approved adult to sign on as their accountability big buddy until they have reached 25. Adults with criminal records don't qualify as a sponsor. And yet, this still will not solve the mass murder problem.
More security and more people carrying guns will not totally stop murder and violence. However, it's time for all schools to employ more security guards and utilize metal detectors. College Presidents who are making over a half million dollars and Professors who are making over $120,000 can take a small cut so our schools can hire security.
The biggest problem we have in America is an evil problem. Only the darkest of minds and hearts can so randomly execute the lives of innocent people. If we ever needed a revival of kindness, love and new hearts it's today. Yet, for the most part I believe America is filled with good people and good hearts who would never harm anyone. It only takes that one person to bring about so much pain and loss of life. We all need to work together to stop that one insane person wherever that person appears.
Glenn Mollette
Glenn Mollette is an American Syndicated Columnist and Author. He is the author of eleven books and read in all fifty states.
