VOL. 18  ISSUE NO. 40   |  OCTOBER 3-9, 2012

BY LINDA BENTLEY | OCTOBER 3, 2012

Disgruntled citizens speak out during Call to the Public

Kiernan said he felt compelled to air the problem in Sonoran News, which then went unpublished
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GARY KIERNANCAVE CREEK – During Monday night’s Call to the Public, Gary Kiernan (r) took to the podium with some terse words for the town.

He mentioned the huge downpour the town received about four weeks ago and noted he lives on a single lane unpaved road in the foothills of Black Mountain.

While that amount of rainfall typically destroys the road he lives on, Kiernan said it also wipes out a berm constructed from boulders on town property that abuts the property of his neighbor.

The berm is designed to direct water cascading down Black Mountain towards the middle of their road and Kiernan said the town has “flat-out” refused to repair it.

Because the town has refused to repair the berm, he said it has wiped out parts of the road, causing an elderly neighbor great difficulty getting in and out of her driveway and leaving her stranded.

Due to his and his wife Shannon’s difficulty in getting the town to address the problem, Kiernan said he felt compelled to air the problem in Sonoran News, which then went unpublished and instead was passed along to Town Manager Usama Abujbarah.

He read the submitted letter, which began, “Do you know that it is impossible to schedule a meeting with the town manager? Did you know that it is because Town Engineer Anderson is on vacation for six weeks until Oct. 1?”

Kiernan went on to state that the town has repaired this berm in the past, but now Abujbarah is claiming the issue is about Kiernan’s private property.

The property Kiernan was discussing is not private property, as evidenced by a satellite map.
And, only after forwarding a copy of the map to Abujbarah, clearly showing the town’s position was incorrect, were they able to “force a meeting” with the town, which was scheduled for the following day.

Kiernan wrapped up by saying, “The point is, there needs to be accountability. It’s bad enough when you do a half-assed job. It’s much worse when you do that but have deluded yourself into thinking that you are doing swell. You are not and we need to see an improvement.”

Kiernan’s turn at the podium was followed by Robert and Debra Peterson, who pleaded with council during the Sept. 17 meeting for help regarding the culvert on Paseo Dulce immediately to the north of town hall, which they claimed has caused thousands of dollars in damages to their property.

They wanted to know when the town planned to address the problem.

Town Attorney Marlene Pontrelli explained that council couldn’t respond because the item wasn’t on the agenda and suggested they wait until after the meeting to speak to someone.

Debra Peterson wanted to know if they waited until after the meeting if someone would actually be able to discuss the issue and schedule some sort of action.

Council addressed the only agenda item by voting unanimously in favor of recommending a #12 Restaurant Liquor License for Z’s Asian Fusion.

According to town clerk Carrie Dyrek, no comments either for or against the license had been received during the required notification posting period. However, council noted it received a letter in support of the license from Joe Podolak, the owner of the shopping center where the restaurant is located.

Dyrek said the restaurant is currently operating with an interim license.

Mayor Vincent Francia reminded citizens that Taste of Cave Creek was coming up Oct. 17 and 18.

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