CAVE CREEK – Council voted unanimously during the Aug. 22 special meeting to approve a $123,000 transfer from the Contingency Fund to the Attorney Department, an action which Finance Director Robert Weddigen said was a clean up for last year’s settlement of the Usama Abujbarah lawsuit against the town.
Although the amount paid was $300,000, Weddigen said the Attorney Department budget only exceeded its FY 2016 budget by $123,000.
Vice Mayor Steve LaMar commented the town’s legal counsel was not only of the highest quality, but cost effective as well.
Mayor Vincent Francia explained the next three items on the agenda as all being related.
He said the intent is to get water to the west side while adhering to the Arizona Constitution and state statutes.
Mark Stapp, president of Cahava Springs, said the revitalization district put out a request for proposals (RFP) to complete the water line and received three bids.
Stapp said the district reviewed the three proposals and ultimately took action to accept Markham Contracting’s bid.
According to Stapp, the district, which is considered a political subdivision, followed proper procurement procedures as required by statute.
Stapp said he will forward all the documentation to Town Attorney Bill Sims for review immediately.
Francia said the reason that is important is if proper procurement procedures were followed, it will expedite the process, whereas council will hold a special meeting on Sept. 12 to vote to improve the water line.
Otherwise, Francia said the town would have to put out an RFP and wait 30 days for responses.
Sims said he will confirm proper procedure was followed and then council will be asked to take action on Sept. 12.
Sims said his intent is to bring a lease agreement to council for the line north of the backflow, which is private property owned by Cahava, with a payback agreement from the revitalization district.
Sims said there were some wrinkles they would have to work through so town funds will be used not to serve the developer but the citizens who agreed to be annexed into the town.
Francia asked citizens if they had any questions.
Kathy Smith asked if the town couldn’t just condemn the line or if there was another way that wasn’t so involved.
Francia said eminent domain, or condemnation, is a hostile action.
While Cahava Springs has suffered economic setbacks and difficulties, Francia said it has never been hostile.
Additionally, condemnation would mean the town would need to purchase the water line rather than it be dedicated to the town by Cahava.
Smith said, “It seems so complicated for us citizens who just want water.”
Francia said, “This council is determined to get water to citizens on the west side.”
Sims said he plans to have all the documents ready on Sept. 12.
Terry Smith wanted to know, once council votes to authorize everything on the Sept. 12, if citizens can be secure in proceeding with plans to do what they need to do to get connected to the water line.
Sims indicated that was the plan and said, “We heard you two weeks ago. We’re proceeding rapidly.”
Michael Wolf said he believes he is in the annexation area as well, explained where he lives, where the water line ends and asked council to extend the water line another 400 feet so he and other citizens living in that area will have water too.
Jane Rhodes said she was handed the minutes from a 2008 Water Advisory Committee meeting that said the water line had already been pressure tested and all it needed to have done was bacterial testing.
Although she said it doesn’t change anything, Rhodes wondered how it could have been considered that close to complete in 2008.
Francia said he was unaware of what she was looking at and would have to look into it.
Responding to Wolf’s request that the town extend the water line another 400 feet, Todd Gilson, who lives on 50th Street, asked council, “Where is this thing going to stop? We can say the same thing on 50th Street … consider the domino effect and ramifications.”
J.D. Smith asserted the water line would have to go up 32nd Street to complete the process and said, “We need to have the whole thing.”
Addressing Gilson’s comments, Smith asked Gilson if he had water coming out of his faucet. When Gilson acknowledged he did, Smith dismissed his comments as irrelevant.
Francia, explaining the “game plan,” said council will hear back from Sims as to whether or not the Markham bid followed proper procurement procedures and, if so, there will be a special council meeting on Sept. 12.
Kerry Smith said he completely supported getting water to the west side but also agreed with Councilwoman Susan Clancy, who indicated there should be some consequences if the town is not reimbursed and said it should be delineated in the agreement.
Wolf, once again, reiterated the water line needs to be extended an additional 400 feet, needs to be “part of the discussion on Sept. 12,” and asked for council’s commitment to “do what’s right for the town.”
Francia stated he should have an answer by Thursday if there will be a meeting on the 12th and provided citizens with his cell phone number.
LaMar said he does know how citizens on the west side feel about not having water and said when he first put in his well it pumped 10 GPM for the first 10 years, then five, and then he had to haul water for seven months while hoping he would have water again.
LaMar said he ended up having to spend $30,000 to drill a new well.
He told citizens this has not been a callous disregard on council’s part and, from a human perspective, he got “queasy” listening to them talk about their situation because he’s been there.
LaMar said, “We’re going to get this done. This is the quickest and easiest way to get this done.”
Esser said Cahava Springs has always been a dream for him and said they’ve been doing the best they can to get citizens water.
Irritated by their prior threat to sue, Esser stated, “If you want to sue us, sue us.”
Clancy expressed her dismay about the third house that burned down and said, “We can’t have that.” She stated they were close to getting this done.
Councilman Ernie Bunch pointed out Stapp has done everything he can but stated Stapp was a victim of the economic collapse caused by the government allowing the bundling of risky mortgages as securities.
Council voted unanimously to continue the other two items as citizens wait to learn if the town can move forward on this as planned.
