CAVE CREEK – Monday night’s Call to the Public brought Kerry Smith to the podium to follow up on questions raised during the previous meeting regarding the fireworks display at the Lehman property.
Town Manager Peter Jankowski provided council with a detailed report about the incident earlier that day and gave a brief summary as to how the fireworks came to be.
He stated it was the first time staff had ever had a request for a private fireworks display on private property, which the ordinance does not allow.
Because weddings do not require a special event permit, staff referred Lehman to Rural/Metro Fire to obtain a permit for the fireworks.
Jankowski said staff apparently misread the ordinance that only allows for public fireworks displays on private property.
He said staff has been advised private fireworks displays are not allowed and said it will not happen again.
Council voted unanimously to recommend approval for an extension of premises to the liquor license for Local Jonny’s and for a new #12 restaurant liquor license for Calakmul Cocina Mejicana located at 6920 E Cave Creek Rd.
The first regular agenda item was the second reading of an ordinance to reallocate certain excess transaction privilege tax not required for the payment of costs associated with the acquisition, operation and maintenance of Spur Cross Conservation Area to be transferred to the general fund.
The ordinance called for the excess funds to be allocated 50 percent to the general fund for any purpose and 50 percent, previously allocated to open space, to be reallocated and restricted to the water infrastructure capital fund.
Councilman David Smith proposed the reallocation to fund much needed water infrastructure improvements and stated, “This is a matter of fiscal prudence.”
He said the town has recognized it has major infrastructure issues with the water utility and because the town is negotiating mitigation banking with the state land department to preserve 4,000 acres, the money allocated for open space is “just sitting there.”
During public comment, former Mayor Vincent Francia, who is currently chairman of the Open Space Committee, urged council to delay the vote or vote against the ordinance.
He said, “To the state land department, it’s not just money sitting around. It’s a revenue stream toward securing 4,000 acres.”
Another reason Francia provided was the preservation of 4,000 acres of land as open space means there will be 4,000 acres that won’t need water.
Councilman Thomas McGuire asked Francia what the community’s responsibility would be after mitigation.
Francia said it would be much like Spur Cross where the town would be responsible for the stewardship.
Kaolin Cummens chastised council for considering the reallocation of funds from open space and asked if they even considered how the state land department views this.
Cummens pointed out volunteers had worked hard and donated their time to raise funds for open space.
He said, as good practice, this should have been referred to the open space committee.
Adrianne Goldberg told council, “We deserve a better plan than pulling money out of a bucket that you think is doing nothing.”
She said it was a breach of trust issue with citizens and the town should have at least a five-year plan to address water issues.
Marcia Miller said she would like to reiterate what Goldberg said about water resources and said the town should have a five, 10 and 20-year plan for infrastructure. She said it was a much bigger picture and a much bigger issue.
Robert Morris, who serves on the Water Advisory Committee (WAC), said WAC has come up with $700,000 in improvements that must be done.
He stated, “I support this. We need to do this now and deal with open space later.”
Councilwoman Susan Clancy asked Francia if it was a requirement for the town to have money in that fund.
Francia said it was not and didn’t want to give the impression it was.
However, he pointed out mitigation banking may not secure all 4,000 acres and the state land department views the fund as a commitment to open space.
Smith moved to approve the second reading, said he appreciated the Open Space Committee’s comments and stated, “You can’t drink open space.”
Smith said there were other accounts dedicated to open space but if the town doesn’t maintain the water system it will fail.
He also said the town does have a five-year capital improvement plan to keep the water system operating.
Councilwoman Eileen Wright said she loves open space but supported the ordinance.
McGuire offered a friendly amendment by requesting before reallocating the funds not required for the maintenance and operation of Spur Cross that the first $100,000 be allocated to trails and then the remainder be split 50/50.
Smith said he would accept McGuire’s friendly amendment to his motion.
Vice Mayor Ron Sova stated, “We all know water is liquid gold. Without water we have no town,” and said he supported the amendment.
Mayor Ernie Bunch said open space has always been important to this community but let everyone know the 4,000 acres of state land is not a contiguous 4,000 acres.
As he stated during the first reading, Bunch reiterated that this could open a can of worms and said he was not going to support it.
Council voted 5-1, with Bunch dissenting, to pass the second reading.
What was not made clear was if the $1.7 million already in the open space fund was being reallocated or if the ordinance only pertained to new tax revenue.
After the vote Cummens got up and yelled, “This sucks!” He looked over at Town Marshall Adam Stein and said, “You can thrown me out.”
Stein and the Maricopa County Sheriff’s deputy present both escorted Cummens out of the meeting.
Council voted unanimously to pass the second reading of an ordinance to rescind a stipulation that Meritage Homes bring its own water supply for its subdivision, as recommended by Town Attorney Bill Sims, who noted the town had already issued Meritage a “will-serve” letter.
McGuire commented he was supporting the ordinance because he believes the town has a legal obligation.
Council discussed the second reading of an ordinance proposed by Wright that would mandate monthly grease trap inspections and impose monetary and criminal penalties for noncompliance.
She said the ordinance kicks the matter into high gear to get this done.
She said it’s the businesses’ responsibility to meet or exceed the ordinance and the town’s responsibility to enforce it.
Wright stated there were only 35 businesses in town with grease traps and it was a small amount of money to spend compared to the amount of damage noncompliance does.
She said the last inspection report was completed in 2014.
The ordinance calls for a $2,500 fine for every day the business is in noncompliance.
Sova asked if there was a curing period before the fine started or if it started immediately.
Wright didn’t know what Sova was asking but said the business would receive a letter advising them they were in noncompliance and gives the business so many days to come into compliance.
Sova stated, “So the answer is yes.”
Bunch said, “You’re making this a law instead of a policy,” and asked Wright who on staff would they fine or send to jail if they failed to check the grease traps.
Wright said they weren’t talking about fining or sending anyone to jail.
Bunch asked, “Who’s enforcing it?” and stated, “I can’t support this.”
Clancy asked if they could have staff come back with a policy.
Sova asked Sims what the difference would be between policy and an ordinance.
Sims told council, “I think you have a mechanism now to enforce this. You can direct staff right now.”
During public comment Kerry Smith said the town spends $2 million per year on the wastewater treatment plant and felt the town needed to do something.
Smith stated record keeping is incredibly important and said, “I’m in favor of anything.”
Morris said this was the second time the WAC found the town not enforcing its ordinance. He said Scottsdale uses two or three reputable outside vendors that provide proof of inspections and stated he supported the ordinance.
McGuire asked Morris if Scottsdale inspects every business every month.
Morris responded, “I do not know.”
McGuire asked Sims if council could simply direct staff to be more diligent.
Sims stated, “You can tonight, under the existing ordinance. You don’t have to pass an ordinance to get staff to do their job.”
Council voted 5-1, with Wright voting yes, against the ordinance with council asking staff to come back with a policy the first meeting in June.
Council voted unanimously to pass the second reading of an ordinance amending Title V Public Works of the town code by adopting a new Chapter 53 Water and Wastewater Capacity Charges: establishing procedures for the payment of capacity charges for water and wastewater utility services inside and outside the town.
Council also voted unanimously to disburse $10,000 to the Cave Creek Museum and authorize an expenditure of $9,357.77 to the Pump Company Partnership, LLP for supplemental rehabilitation work completed at the Vermeersch Well to remove 90 feet of accumulated sediment and install casing to screen future sediment.
Sims explained the proposed amended development agreement between the town and Desert’s Edge Development LLC was to correct an ambiguity in the 2009 agreement that stated it runs with the land but ends in 10 years.
Council voted unanimously to approve the amended agreement to remove the expiration date.
Council voted unanimously to approve an easement improvement agreement with the American Legion for a 15-foot wide public streetscape right-of-way easement.
Because of the traffic in and out of the driveway for deliveries, Trails Coordinator Bambi Muller explained they would be installing stamped asphalt instead of just decomposed granite as used in other areas. She said it looks much like pavers but at a fraction of the cost and would require far less maintenance.
She said Scottsdale uses stamped asphalt in Old Town Scottsdale and it looks a lot like pavers.
Last on the agenda, council voted 5-2 not to renew Jankowski’s employment agreement for another year.
