CAVE CREEK – Monday night’s council meeting was the last for Mayor Vincent Francia, Vice Mayor Steve LaMar and councilmen Dick Esser and John Ford.
During Call to the Public, Tom Davenport, as vice president of the Whispering Hills Homeowners Association, spoke against the leasing of town property on Carefree Highway for commercial use.
Davenport said the town has stored piles of materials for road maintenance on the property, which he lamented was an ever-expanding eyesore that they’ve been waiting to have removed.
Johnny Ringo said, “A lot of things have been chapping my hide for a long time,” as he thanked the mayor for holding “Office Hours,” where he said he enjoyed being able to address issues “without the paparazzi around.”
Ringo said, “I hope it will be continued.”
Although Ford was absent, Francia gave the outgoing council members an opportunity to say a few words.
Esser said, “It’s been a pleasure and a privilege” to serve the town while recognizing staff.
He mentioned the $3 million in grants he’s procured for the town during his time on council.
LaMar stated he holds firm that the town’s real identity is the backdrop of the town – the Sonoran Desert – which he called a “gift.”
Francia echoed the sentiments of Esser and LaMar and said, “As mayor for 16 years – I didn’t do it alone.”
He thanked citizens for reelecting him, staff and the town manager.
Thanking Planning Director Ian Cordwell, Town Marshal Adam Stein, Associate Planner/Trails Coordinator Bambi Muller, Francia also gave a special thanks to Executive Assistant Barbara Allen for keeping him on track with his appointments and Town Clerk Carrie Dyrek for putting the agendas together.
As a bit of trivia, Francia said, including that night’s meeting, he has chaired 469 meetings and signed a total of 1,054 minutes, resolutions and ordinances.
Francia became a bit choked up and paused before stating, “I’ve never had a bad day being mayor of this town. I’ve had some challenging moments but never a bad day.”
Attendees gave Francia a standing ovation.
Councilman Ernie Bunch presented Francia with a plaque commemorating his 16 years as mayor.
Francia’s motion to continue agenda item number five, to which Davenport was referring during Call to the Public, to the Dec. 5 meeting passed unanimously.
He stated, “It’s time for a vigorous discussion on private property rights and what that means.”
LaMar introduced a resolution to declare Larry Wendt the 2016 businessman of the year, noting it’s been almost one year to the day since the old Buffalo Chip burned down.
LaMar presented Wendt with a plaque on behalf of the town as well as one of his ceramic-embellished steer skull creations to hang in the new Buffalo Chip.
Wendt thanked council and said after the fire he was going to walk away but changed his mind after experiencing such an outpouring from the town.
He said he was thankful for this council, town staff, the community, his family, his wife and her family.
Council voted unanimously to reaffirm a letter of understanding between the town and the Desert Foothills Land Trust (DFLT).
Francia stated his problem with the letter was not the “well-intentions” but the fact it was money going from the town to a nonprofit without it ever coming to council for approval.
The letter was signed by a former town manager and a former DFLT Executive Director.
Bunch said he understood why it was done – to make people’s donations tax deductible.
And, he noted both the town and DFLT are signatories on the account.
Councilwoman Susan Clancy asked if any of the money had been spent.
Town Manager Peter Jankowski said some had been used to hold fundraising events to raise money for the open space account. He said there was approximately $115,000 in the account.
Clancy asked DFLT Executive Director Patrick McWhortor if the DFLT can sell any of its land acquisitions.
McWhortor stated the funds may be used for anything associated with the acquisition of land and said DFLT places conservation easements on land it acquires to preserve it in perpetuity and does not sell its acquisitions.
LaMar said the fund was intended as a vehicle to gather money together for acquisition of the 4,000 acres of state land.
He said, “I don’t believe this was for anything other than the 4,000 acres.”
McWhortor nodded in agreement.
Councilman Thomas McGuire said, “I agree with the mayor this should have come to council but I believe it was all done in good faith.”
Bunch said it was his understanding some of the people who contributed to the fund asked for their money back.
McWhortor said a handful had asked and it was refunded.
He said he would be happy to sign a new version of the agreement.
Council voted unanimously to appoint a representative from the DFLT as an ex-officio (non-voting) member of the Open Space Committee.
During public comment, Sue Mueller, who served on the Open Space Committee, stated she was in favor of the DFLT serving on the committee.
McGuire stated, “The land trust has been a tremendous partner.”
Introducing the second reading of an ordinance to rezone property from Desert Rural (DR) to Multi-family Residential (MR), Cordwell thanked Francia, LaMar and Esser “for making Cave Creek a beautiful place to live and a challenging place to work.”
He noted this was a second reading and would answer any questions.
During public comment, Kerry Smith, after handing some documents to council, said the conceptual plan indicated there would be 48 units, then they were told 30 units and now it is 29.
He asked, “Does the applicant need to modify the conceptual plan?”
Pointing out citizens have raised a number of issues, Smith said no solutions have been provided.
He asked why they would move forward until they had solutions.
As a member of the water rate study committee, Smith said they were attempting to reconcile the town’s water usage and stated, “It seems to me we don’t know how we’re using our water in Cave Creek.”
He suggested council continue the item.
Christine Orzell said she lives behind Stagecoach Village and asked if they wanted the Windmill Village project to be the first thing people see when they come into town and stated there were other apartments in Cave Creek.
She said, “Cave Creek is tourism and the West. Do we want to lose that for one couple’s retirement?”
Town Attorney Bill Sims advised council what was before them was a rezoning application, a legislative action and he would not include the conditions recommended by the planning commission as those were administrative actions to be carried out in accordance with the town’s ordinances.
Esser said he agreed with Sims and objections to what hasn’t been brought forward yet was wrong.
He also noted the residents of Black Mountain Shadows had objected to everything previously proposed to mitigate the impacts of Stagecoach Village, which included widening the road and providing a sidewalk.
Francia stated rezoning was all that was before council and all other concerns would be addressed later in the process.
Council voted unanimously to approve the second reading of the ordinance to rezone parcels from DR to MR for the Windmill Village application but with the conditions removed, per Sims’ advice.
Everyone was invited to join council at Harold’s after the meeting, where a celebration was held to honor the outgoing mayor and council members.
