16 Mar 2020 Regular Town Council Meeting

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Americans with Disabilities Act Notification: In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in, its programs, activities, or services. For information regarding rights and provisions of the ADA or Section 504, or to request reasonable accommodations for participation in Town programs, activities, or services contact the Town Clerk, 37622 N. Cave Creek Rd., Cave Creek, AZ 85331; (480) 488- 1400. NOTICE AND AGENDA REGULAR TOWN COUNCIL MEETING TOWN OF CAVE CREEK, ARIZONA Monday, March 16, 2020 PLEASE NOTE: AN AUDIO RECORDING OF THE TOWN COUNCIL MEETING WILL BE AVAILABLE ONLINE WITHIN THREE BUSINESS DAYS OF THE MEETING. The Town Council may recess the public meeting and convene in Executive Session for the purpose of discussion or consultation for legal advice with the Town Attorney regarding any item listed on this agenda pursuant to A.R.S. § 38-431.03 (A)(3) and (4). The Chair reserves the right, with the consent of Council, to take items on the agenda out of order. CALL TO ORDER 5:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ. PLEASE NOTE - AN EXECUTIVE SESSION WILL BEGIN AT 5:00 P.M. THE REGULAR SESSION WILL BEGIN FOLLOWING ADJOURNMENT OF THE EXECUTIVE SESSION. ROLL CALL Mayor Ernie Bunch, Vice-Mayor David Smith, Council Members Paul Diefenderfer, Susan Clancy, Thomas McGuire, Robert Morris and Kathryn Royer. (one or more members may attend by technological means) Page EXECUTIVE SESSION 1. Discussion, consultation, direction and legal advice with the Town Attorney regarding capital improvement funding options in the utility rate study for the Town pursuant to A.R.S. §§ 38- 431.03(A), (3) and (4). PLEDGE OF ALLEGIANCE PUBLIC ANNOUNCEMENTS PRESENTATIONS Page 1 of 55

Transcript of 16 Mar 2020 Regular Town Council Meeting

16 Mar 2020 Regular Town Council MeetingAmericans with Disabilities Act Notification: In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), the Town of Cave Creek does not discriminate on the basis of disability in the admission of or access to, or treatment or employment in, its programs, activities, or services. For information regarding rights and provisions of the ADA or Section 504, or to request reasonable accommodations for participation in Town programs, activities, or services contact the Town Clerk, 37622 N. Cave Creek Rd., Cave Creek, AZ 85331; (480) 488- 1400.
NOTICE AND AGENDA
Monday, March 16, 2020
PLEASE NOTE: AN AUDIO RECORDING OF THE TOWN COUNCIL MEETING WILL BE AVAILABLE ONLINE WITHIN THREE BUSINESS DAYS OF THE MEETING.
The Town Council may recess the public meeting and convene in Executive Session for the purpose of discussion or consultation for legal advice with the Town Attorney regarding any item listed on this agenda pursuant to A.R.S. § 38-431.03 (A)(3) and (4).
The Chair reserves the right, with the consent of Council, to take items on the agenda out of order.
CALL TO ORDER 5:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ. PLEASE NOTE - AN EXECUTIVE SESSION WILL BEGIN AT 5:00 P.M. THE REGULAR SESSION WILL BEGIN FOLLOWING ADJOURNMENT OF THE EXECUTIVE SESSION.
ROLL CALL Mayor Ernie Bunch, Vice-Mayor David Smith, Council Members Paul Diefenderfer, Susan Clancy, Thomas McGuire, Robert Morris and Kathryn Royer. (one or more members may attend by technological means)
Page
EXECUTIVE SESSION
1. Discussion, consultation, direction and legal advice with the Town Attorney regarding capital improvement funding options in the utility rate study for the Town pursuant to A.R.S. §§ 38- 431.03(A), (3) and (4).
PLEDGE OF ALLEGIANCE
Page
5 - 7 1. Introduction of the Carefree-Cave Creek Chamber of Commerce.
2. Presentation to Council on the history of Cave Creek Rodeo
Days and Parade.
A. CONSENT AGENDA
8 - 17 1. Approval of the February 18, 2020 Regular Town Council Meeting Minutes.
18 - 23 2. Approval of the March 02, 2020 Regular Town Council
Meeting Minutes.
B. GENERAL AGENDA ITEMS
24 - 34 1. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF A SPECIAL EVENT APPLICATION FOR CAVE CREEK FARMERS MARKET AT TRACTOR SUPPLY CO ON EVERY THURSDAY FROM 3:00 P.M. TO 7:00 P.M. DURING THE YEAR OF 2020: MARCH 19, 2020 TO DECEMBER 31, 2020.
Placed on the Agenda by the Deputy Town Clerk.
Council Action Required: Motion to approve the Special Event Application for Cave Creek Farmers Market at Tractor Supply on every Thursday from 3:00 p.m. to 7:00 p.m. during the year of 2020: March 19, 2020 to December 31, 2020.
35 - 48 2. SECOND PUBLIC HEARING ON THE PROPOSED
EXTENSION OF AN ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION AND COUNCIL DISCUSSION AND APPROVAL OF RESOLUTION R2020- 09 PROPOSING AN ALTERNATIVE EXPENDITURE LIMITATION.
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Public Hearing
Council Action Needed: Motion to approve the Second Public Hearing on the Proposed Extension of an Alternative Expenditure Limitation - Home Rule Option and Council Discussion and Approval of Resolution R2020-09, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona proposing an alternative expenditure limitation.
49 - 55 3. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL
OF A SOLE SOURCE EQUIPMENT PURCHASE WITH VEOLIA WATER TECHNOLOGIES (DBA KRUGER WATER TECHNOLOGIES) FOR REPLACEMENT PARTS REQUIRED TO REFURBISH THE TWO TERTIARY FILTER UNITS AT THE TOWN'S WATER RECLAMATION FACILITY FOR AN AMOUNT NOT TO EXCEED $110,275.00.
Placed on the Agenda by the Utility Director.
Public Comment
Council Action Needed: Motion to Approve a Sole Source Equipment purchase with Veolia Water Technologies (dba Kruger Water Technologies) for replacement parts required to refurbish the two tertiary filter units at the Town's Water Reclamation Facility for an amount not to exceed $110,275.00.
4. COUNCIL DISCUSSION ON JACK CARTWRIGHT PASS
PARKING OPTIONS FOLLOWED BY POSSIBLE DIRECTION TO STAFF.
Placed on the Agenda by the Town Engineer.
Public Comment.
Council Action Needed: Possible Motion to provide direction to Staff.
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BY:____________________________________
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Story of Incorporation and Accomplishments
Incorporation Year: March 4, 1965
Founding Fathers of the Chamber: Lester Maitland, Leslie Rhuart and Billy Burk
Articles of Incorporation:
The name: Cave Creek-Carefree Chamber of Commerce
The general nature of the corporation is to promote and foster the civic and economic welfare of its members and of the two separate and independent communities which will be
compatible with and complementary to each other, and to hold and dispose of property and to do any and all things necessary or suitable to those ends.
Lester Maitland Accomplishments:
• Served in World War 1 & 2 • Career officer in the United States Army Air Forces • Received a Silver Star and the Distinguished Flying Cross and Five Air Medals, elected to
the Wisconsin Aviation Hall of Fame and Maitland Drive near Oakland International Airport is also named for him.
• Maitland Field, an airport in Milwaukee is named after him • Aviation Pioneer • One of two men completing the first transpacific flight from California to Hawaii • Aide to General Bill Mitchell & selected as one of the pilots to take part in the sinking of
the battleship Ostfriesland, a military experiment set up to prove the effectiveness of air power against ships
• As an aviator he competed in air races and pioneering flights • He and Charles Lindbergh were invited together to the White House to meet President
Calvin Coolidge • He was an author writing of early aviation • Appointed Wisconsin’s first state aeronautics director in 1947 • Accepted a similar post with the State of Michigan and in 1951 became Michigan’s
Director of Civil Defense for which he rose to a Brigadier General in the Michigan Air National Guard
• In the mid-fifties his career goals shifted and began seminary studies • Installed as the first Rector at Good Shepherd Episcopal Church in 1962 • During the years that Father Maitland served Good Shepherd, the Gold Mine developed
from the rummage sales of the 1950s and early 1960s into a thrift shop • In December of 1971, Father Maitland retired
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• In 1974 Nelson Hall was replaced with a larger space and was named was named Maitland Hall in honor of Lester Maitland
Leslie Rhuart Accomplishments:
• 1959 became GM for Tom Darlington & KT Palmer • President of the Carefree Development Corporation • Saw the Carefree Inn to completion • Led the organizational meeting that chartered the Carefree Kiwanis Club • Filed petition to rename Black Mountain Rd to Carefree Highway-Carefree planners felt
the name change would bring in more travelers to the area & benefit the economies of Carefree & Cave Creek
• One of the founders of preservation of the Scenic Drive • Served on the Cave Creek Improvement Association Road Committee to preserve the
scenic right-of-way along Cave Creek & Scottsdale Roads, assisted in recommendations that would pave the way for economic growth. Among others serving on the committee was K. T. Palmer
• The Cave Creek Improvement Association was made up of business folk from Cave Creek and Carefree. They had 4 objectives:
o Preserve the natural desert area o Plan for the future roadways leading into Cave Creek, Carefree and the Tonto
Forest o Prepare a strip map suggesting minimum setbacks on the Scenic Drive that
included Cave Creek and Scottsdale Roads o Cooperate with State & Federal Governments in an effort to halt the sale of their
lands in the area.
Billy Burk (no information found)
Current Chamber History The Chamber has operated continuously for almost 55 years. We have had a few name changes over the years but objectives have stayed the same as they were in 1965…to promote and foster the civic and economic welfare of its members and the two separate and independent communities which will be compatible with and complementary to each other… In 2019 the Carefree Cave Creek Chamber of Commerce accomplished the following:
More than 765,000 visitors visit our website annually These visitors viewed more than 3,242,000 pages on the website 70% of these visitors are from the greater Phoenix area Mailed the Chamber Community Guide to over 38,000 homes and businesses in our
community within 7 zip codes We have an additional 2000 available in the Carefree Info Center as well as the Cave
Creek Info Center
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• We sent 105,600 e-mails to our subscriber base for our weekly E-Blast/Newsletter in 2019
• We have 3000+ daily followers on our Facebook page We welcomed 70 new members to the Chamber
What We Do Strengthen members businesses through educations, networking, advocacy & marketing Provide value and support to our member businesses We are the primary resource for our community We have given back over $96,000 to our community in goods, services and jobs Have raised $3000 in scholarship money for a Cactus Shadows student Created a 501c3 Foundation to administer education programs and award scholarships
What We Offer Advocacy through ACE (Arizona Chamber Executives) and EVCCA (East Valley Chamber
of Commerce Alliance) Monthly Evening Mixer –networking and promoting business. Businesses in Cave Creek
and Carefree take turns hosting each month. We are currently booking hosts for 2021. Approximately 40-50 business owners attend each month
Monthly Business Breakfast –networking and informative guest speaker offering hands on learning with the insight to help grow your business. We meet the last Thursday of the month at Harold’s Corral at 7:30am. Approximately 60-70 business owners attend each month
POWER Hour-May through September a large group of business owners get together once per month at a local restaurant for friendship, networking and infusing cash into our restaurants when they need it most…the summertime!
Ribbon Cutting – Promotion and Celebration of a new business, expansion or a milestone anniversary.
Business Referrals E-blasts and Newsletters sent out weekly to 2200 subscribers with information of
sales/events/programs our members are offering Social Media promoting our business community Website marketing Member only Advertising opportunities Volunteer opportunities A robust community event calendar on the Chamber website
Source for historical data: A Peak at the Peak On-Line Magazine, Pinnacle Peak Association (GPPA) and Friends of the Scenic Drive.
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02182020 Regular Town Council Meeting Minutes Final Page 1 of 10
REGULAR TOWN COUNCIL MEETING MINUTES 1 TOWN OF CAVE CREEK, ARIZONA 2
Monday, February 18, 2020 3 4
CALL TO ORDER 5:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ. 5 6 Roll Call: Jane Fuller, Deputy Town Clerk 7 Council Present: Mayor Ernie Bunch, Vice-Mayor David Smith, Council Members Susan Clancy, 8
Paul Diefenderfer, Thomas McGuire, Robert Morris, Katherine Royer. 9 Council Absent: None 10 Staff Present: Town Manager Carrie Dyrek 11
Deputy Town Clerk Jane Fuller 12 Town Attorney William J. Sims 13 Town Marshal Adam Stein 14 Finance Director Robert Weddigen 15 Planning Director Luke Kautzman 16 Utility Director Shawn Kreuzwiesner 17 Town Engineer Hal Marron 18 19 EXECUTIVE SESSION: 20
1. Discussion, consultation, direction and legal advice with the Town Attorney regarding capital 21 improvement funding options in the utility rate study for the Town pursuant to A.R.S. §§ 38-22 431.03(A), (3) and (4). 23
2. Council discussion and evaluation of the Town Manager’s performance pursuant to A.R.S. § 38-24 431.03(A), (1). 25
26 Mayor Bunch asked for a Motion to convene into Executive Session. 27 Motion: Councilmember Clancy Motion to convene into Executive Session. 28 Second: Councilmember Morris. 29 The motion passed 7 to 0, by Voice Vote. 30 Mayor Bunch; yes, Vice Mayor Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer; 31 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 32 33 Council Convened into Executive Session at 5:01 p.m. 34 Council Adjourned Executive Session at 6:30 p.m. 35 Regular Session Resumed at 6:34 p.m. 36 37 PLEDGE OF ALLEGIANCE: 38 Ms. Demmitt led the Pledge of Allegiance at Mayor Bunch’s request. 39 40 PUBLIC ANNOUNCEMENTS: 41 Mayor Bunch announced that Sprouts is opening tomorrow at 8:00 am. The Stinknet presentation is next 42 Monday at 5:00 pm. February 24, 2020, and the Rodeo Golf Tournament at 10:30 a.m. on March 24, 2020 43 at Rancho Manana. 44 45 CALL TO THE PUBLIC: 46 Yolande Grill, 39429 N 67th Place 47 Kerry Smith, 7265 E Continental Mountain Estates Drive 48
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02182020 Regular Town Council Meeting Minutes Final Page 2 of 10
Ms. Dyrek clarified that at the last Council Meeting on February 3, 2020 she mentioned that at the March 49 2, 2020 meeting the Council would be discussing the rates and Capital Improvement Plan. She just received 50 an email from Mr. Smith today. 51 Mayor Bunch and Councilmember Diefenderfer asked for an item on rat poison to come back to Council. 52 Mr. Sims indicated that he would do some research on the topic. 53 54 TOWN MANAGER REPORT: 55 Ms. Dyrek mentioned the Cave Creek Rodeo and Parade dates; the Parade is March 21, 2020 at 9:00 a.m. 56 and the Rodeo is March 27-29. Cave Creek Bike Week begins on March 27 and ends on April 5, 2020. The 57 Sprouts grand opening is at 6:45 a.m. on February 19, 2020. 58 59 ACTION ITEMS: 60 CONSENT AGENDA: 61 Approval of the Recommended Town of Cave Creek Public Safety Personnel Retirement Board 62 Appointments. 63 Approval of the January 21, 2020 Regular Town Council Meeting Minutes. 64 Mayor Bunch asked for Motion to approve the Consent Agenda. 65 Councilmember Clancy Motion to approve the Consent Agenda. 66 Second: Councilmember McGuire. 67 The motion passed 7 to 0, by Voice Vote. 68 Mayor Bunch; yes, Vice Mayor Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer; 69 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 70 71 GENERAL AGENDA ITEMS 72
1. POSSIBLE APPROVAL OF FIRST READING OF ORDINANCE NO. 2020-03, AN 73 ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF CAVE CREEK, 74 ARIZONA, AMENDING VARIOUS SECTIONS OF THE TOWN OF CAVE CREEK TOWN 75 CODE CHAPTER 52 ENTITLED “WATER” BY AMENDING “CITIZENS WATER 76 ADVISORY COMMITTEE” SECTION 52.601 “CREATION” AND SECTION 52.602 77 “FUNCTIONS AND PURPOSES” AND SECTION 52.603 “MEMBERSHIP, COMPOSITION, 78 TERMS AND QUALIFICATIONS” AND 52.604 “COMMITTEE ORGANIZATION” AND 79 52.605 “COMMITTEE REPORTS” AND 52.606 “LIMITATION OF POWERS” AND 52.999 80 “PENALTY,” ESTABLISHING AN EFFECTIVE DATE AND PROVIDING FOR REPEAL 81 AND SEVERABILITY. 82
Mr. Sims introduced the item. He discussed the number of members in the proposed Ordinance. He 83 recommended amending language. 84 85 Mayor Bunch asked for Council questions. 86 Councilmember Morris asked about the expense budget, indicating it should be included in 52.602A listing 87 the functions purposes and powers of the committee. 88 Mr. Sims recommended adding “expense budget” after requirements. 89 90 Public Comment. None. 91 92 Mayor Bunch asked for a Motion. 93 Motion: Councilmember Clancy, Motion Give First Reading of Ordinance No. 2020-03, an ordinance of 94 the Mayor and Council of the Town of Cave Creek, Arizona, amending various sections of the Town of 95 Cave Creek Town Code, Chapter 52 Entitled "Water" by amending "Citizens Water Advisory 96 Committee" Section 52.601 "Creation" and Section 52.602 "Functions and Purposes" and Section 52.603 97 "Membership, Composition, Terms and Qualifications" and 52.604 "Committee Organization" and 98
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02182020 Regular Town Council Meeting Minutes Final Page 3 of 10
52.605 "Committee Reports" and 52.606 "Limitation of Powers" and 52.999 "Penalty," establishing an 99 effective date and providing for repeal and severability and including the recommended changes. 100 Second: Vice Mayor Smith. 101 102 Mayor Bunch asked for Council comments. 103 Vice Mayor Smith commented on the substantial number of applicants. 104 105 The motion passed 7 to 0, by Voice Vote. 106 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 107 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes 108 109
2. COUNCIL DISCUSSION AND APPOINTMENT OF FIVE CITIZENS TO FILL THE 110 VACANCIES ON THE WATER ADVISORY COMMITTEE. 111
Introduced by Mayor Bunch. 112 113 Mayor Bunch asked for Council questions; None. 114 Mayor Bunch asked for applicants to speak if they so desired. 115 116 Mr. Ralph Ferro spoke. 117 Mr. Reg Monachino spoke. 118 Mr. Richard Johnson spoke. 119 Ms. Katya Kincel spoke. 120 Mr. Alex Nadesan spoke. 121 Mr. Robert Anderson spoke. 122 Mr. Peter Burns spoke. 123 124 Public Comment. 125 126 Mayor Bunch asked for Nominations. 127 Councilmember Royer Nominated Peter Burns to the Water Advisory Committee. 128 The nomination failed 4 to 3, by Roll Call Vote. 129 Mayor Bunch; no, Vice Mayor Smith; yes; Councilmember Clancy; no, Councilmember Diefenderfer; no, 130 Councilmember McGuire; yes, Councilmember Morris; no, Councilmember Royer; yes. 131 132 Councilmember Morris Nominated Ralph Ferro to the Water Advisory Committee. 133 The nomination passed 7 to 0, by Roll Call Vote. 134 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 135 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 136 137 Vice Mayor Smith Nominated Bill Growney to the Water Advisory Committee. 138 The nomination passed 6 to 1, by Roll Call Vote. 139 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 140 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; no. 141 142 Councilmember Royer Nominated Katya Kincel to the Water Advisory Committee. 143 The nomination failed 4 to 3, by Roll Call Vote. 144 Mayor Bunch; no, Vice Mayor Smith; yes; Councilmember Clancy; no, Councilmember Diefenderfer; 145 yes, Councilmember McGuire; no, Councilmember Morris; no, Councilmember Royer; yes. 146 147 Mayor Bunch Nominated Reg Monachino to the Water Advisory Committee. 148
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The nomination passed 7 to 0, by Roll Call Vote. 149 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 150 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 151 152 Councilmember Morris Nominated Richard Johnson to the Water Advisory Committee. 153 The nomination passed 7 to 0, by Roll Call Vote. 154 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 155 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 156 157 Councilmember Clancy Nominated James Bradshaw to the Water Advisory Committee. 158 The nomination failed 5 to 2, by Roll Call Vote. 159 Mayor Bunch; no, Vice Mayor Smith; no; Councilmember Clancy; yes, Councilmember Diefenderfer; no, 160 Councilmember McGuire; yes, Councilmember Morris; no, Councilmember Royer; no. 161 162 Mayor Bunch Nominated Matt Malley to the Water Advisory Committee. 163 The nomination failed 5 to 2, by Roll Call Vote. 164 Mayor Bunch; no, Vice Mayor Smith; no; Councilmember Clancy; yes, Councilmember Diefenderfer; 165 yes, Councilmember McGuire; no, Councilmember Morris; no, Councilmember Royer; no. 166 167 Mayor Bunch Nominated Alex Nadesan to the Water Advisory Committee. 168 The nomination passed 7 to 0, by Roll Call Vote. 169 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 170 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 171 172 Councilmember Royer left the meeting at 7:15 p.m. 173 Councilmember Royer returned to the meeting at 7:20 p.m. 174 175
3. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF A COOPERATIVE 176 PURCHASE AGREEMENT WITH SCHOFIELD CIVIL CONSTRUCTION FOR THE 177 AMOUNT OF $53,522.37 TO COMPLETE IMPROVEMENTS AT THE TOWN OF CAVE 178 CREEK RANCHO MANANA LIFT STATION. 179
Introduced by Shawn Kreuzwiesner, Town Utility Director with a PowerPoint presentation. 180 Mayor Bunch asked for Council questions. 181 Mayor Bunch asked about capacity issues for events in April. 182 Mr. Kreuzwiesner discussed pump testing and project timing. 183 Councilmember McGuire asked for the date when the pump station was installed. 184 Mr. Kreuzwiesner responded the original construction was approximately 30 years ago. 185 Councilmember Morris asked about a diesel fuel emergency generator. 186 Mr. Kreuzwiesner discussed the generator check process, and running the generator weekly. 187 188 Public Comment. None. 189
190 Mayor Bunch asked for a Motion. 191 Motion: Councilmember Diefenderfer; Motion to Approve a Cooperative Purchasing Agreement with 192 Schofield Civil Construction for the amount of $53,522.37 to complete improvements at the Town of 193 Cave Creek Rancho Manana Lift Station. 194 Second: Councilmember McGuire. 195 196 Mayor Bunch asked for Council Comments. 197
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Councilmember Morris commented on overflows at the site, Staff analysis, staging and his pleasure with 198 the process and Staff efforts. 199 Councilmember McGuire commented on the age of the equipment. 200 Councilmember Clancy commented on Staff efforts and good work; she thanked Mr. Kreuzwiesner. 201 Councilmember Royer recognized the residents of Rancho Manana. 202 203 The motion passed 7 to 0, by Roll Call Vote. 204 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 205 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 206 207
4. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION NO. R2020-208 10 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE 209 CREEK, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE LEASE OF REAL 210 PROPERTY LOCATED OUTSIDE THE TOWN LIMITS AND MORE PARTICULARLY 211 DESCRIBED ON (EXHIBIT ‘A’ ATTACHED HERETO); AND AUTHORIZING AND 212 DIRECTING THE MAYOR TO EXECUTE AND ENTER INTO THE LEASE AGREEMENT 213 ATTACHED AS EXHIBIT ‘B’. 214
Introduced by Shawn Kreuzwiesner, Town Utility Director. He explained that this is the second of the 215 three Booster Station(s) upgrade project. He explained the lease purchase method with State Land 216 Department with the initial payment up front and then seeking purchase of the site at auction per State 217 Land process. He discussed location and setback requirements (City of Phoenix). 218 219 Mayor Bunch asked for Council questions. None. 220 Mr. Sims advised Council on the difficulties of negotiating with the State Land Department. He discussed 221 indemnity language on page 163 section 3.9 and 3.10; he believes it is acceptable. 222 223 Public Comment. None. 224
225 Mayor Bunch asked for a Motion. 226 Motion: Councilmember Morris; Motion to Approve Resolution No. R2020-10 A Resolution of the 227 Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, authorizing the lease 228 of real property located outside the Town limits and more particularly described on (exhibit ‘a’ attached 229 hereto); and authorizing and directing the Mayor to execute and enter into the lease agreement attached as 230 exhibit ‘b’. 231 Second: Councilmember Clancy. 232 233 Mayor Bunch asked for Council Comments. 234 Councilmember Clancy commented on looking at water needs years ago. She thanked Staff for their work. 235 Mayor Bunch spoke on improving reliability. 236 237 The motion passed 7 to 0, by Voice Vote. 238 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 239 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 240 241
5. NOTICE OF INTENTION TO INCREASE CERTAIN WATER AND WASTEWATER 242 RATES. 243
Introduced by Carrie Dyrek, Town Manager; she explained the process, State Law requirements, and 244 future sessions including March 2, 2020, and a report on the proposed rates reports available in mid-245 March. This is just the first public notice with more information to follow. The public hearing will be held 246 on April 20, 2020 at 6:00 p.m. 247
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Mayor Bunch asked for Council questions. None. 248 249 Mayor Bunch asked for a Motion. 250 Motion: Councilmember Clancy; Motion to adopt a Notice of Intention to Increase Certain Water and 251 Wastewater Rates. 252 Second: Councilmember Morris. 253 254 Mayor Bunch asked for Council Comments. 255 256 The motion passed 7 to 0, by Voice Vote. 257 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 258 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 259 260
6. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION NO. R2020-261 07, A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE 262 CREEK, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE MAYOR TO APPROVE 263 A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF CAVE CREEK AND CAVE 264 CREEK CAVE CREEK MICRO-HOSPITAL, LLC, (“DEVELOPER”) A DELAWARE 265 LIMITED LIABILITY COMPANY PROVIDING FOR INTERIM FIRE FLOW WATER 266 SERVICE AND CONSTRUCTION WATER AND REIMBURSEMENT OF CERTAIN 267 EXCESS WATER FUNDS PAID TO CITY OF PHOENIX BY DEVELOPER THAT ARE 268 OVER AND ABOVE THE WATER CAPACITY FEES THAT WOULD HAVE BEEN 269 CHARGED BY THE TOWN. 270
Introduced by Carrie Dyrek. Town Manager. 271 Mayor Bunch asked for Council questions. None. 272 273 Public Comment. None. 274 275 Mayor Bunch asked for a Motion. 276 Motion: Councilmember Clancy; Motion to approve Resolution No. R2020-07, A Resolution of the 277 Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, authorizing the Mayor 278 to Approve a Development Agreement between the Town of Cave Creek and Cave Creek Micro-Hospital, 279 LLC, ("Developer"), a Delaware Limited Liability Company, providing for interim fire flow water service 280 and construction water and reimbursement of certain excess water funds paid to the City of Phoenix by 281 Developer that are over and above the Water Capacity Fees that would have been charged by the Town. 282 Second: Vice Mayor Smith. 283 284 Mayor Bunch asked for Council Comments. 285 286 The motion passed 7 to 0, by Roll Call Vote. 287 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 288 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 289 290
7. COUNCIL ACCEPTANCE OF THE TOWN OF CAVE CREEK COMPREHENSIVE 291 ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2019 292 AS THE OFFICIAL FINANCIAL RESULTS. 293
Introduced by Robert Weddigen. 294 Mayor Bunch asked for Council questions. None. 295 296 Public Comment. None. 297
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Mayor Bunch asked for a Motion. 298 Motion: Vice Mayor Smith; Motion to accept the Comprehensive Annual Financial Report as the Official 299 Financial Results for the Town of Cave Creek, for the Fiscal Year 2019. 300 Second: Councilmember McGuire. 301 302 Mayor Bunch asked for Council Comments. 303 304 The motion passed 7 to 0, by Voice Vote. 305 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 306 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 307 308 309
8. COUNCIL DISCUSSION, PUBLIC HEARING AND POSSIBLE APPROVAL OF SECOND 310 READING OF ORDINANCE O2020-01 AN ORDINANCE OF THE MAYOR AND TOWN 311 COUNCIL OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA, 312 AMENDING VARIOUS SECTIONS OF THE TOWN OF CAVE CREEK ZONING 313 ORDINANCE, CHAPTER 2 ENTITLED “RESIDENTIAL ZONES”, AMENDING VARIOUS 314 SECTIONS OF THE TOWN OF CAVE CREEK ZONING ORDINANCE CHAPTER 3 315 ENTITLED “COMMERCIAL ZONES“, AMENDING VARIOUS SECTIONS OF THE TOWN 316 OF CAVE CREEK ZONING ORDINANCE CHAPTER 14, ENTITLED “OFFICERS, 317 BOARDS AND COMMISSIONS”, AMENDING THE TOWN OF CAVE CREEK ZONING 318 ORDINANCE CHAPTER 15, ENTITLED “ZONING PROCEDURES”, SECTION 15.0 319 “GENERAL”, AMENDING THE TOWN OF CAVE CREEK ZONING ORDINANCE 320 SUPPLEMENT 1 ENTITLED “LIST OF APPLICATIONS” AND AMENDING THE TOWN 321 OF CAVE CREEK ZONING ORDINANCE SUPPLEMENT 2 ENTITLED “FEE SCHEDULE”, 322 ESTABLISHING AN EFFECTIVE DATE, PROVIDING FOR REPEAL AND 323 SEVERABILITY AND DECLARED TO BE A PUBLIC RECORD BY RESOLUTION NO. 324 R2020-01. 325
Introduced by Luke Kautzman. He mentioned that the January 21, 2020 Staff presented this item. 326 Mayor Bunch asked for Council questions. None. 327 328 Public Hearing opened at 7:51 p.m. 329 Public Hearing closed at 7:51 p.m. 330 331 Councilmember Clancy left the meeting at 7:49 p.m. 332 Councilmember Clancy returned to the meeting at 7:52 p.m. 333 334 Mayor Bunch asked for a Motion. 335 Motion: Councilmember Royer; Motion to give Second Reading to Ordinance No. O2020-01, an 336 Ordinance of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, 337 Amending various sections of the Town of Cave Creek Zoning Ordinance, Chapter 2 entitled “Residential 338 Zones”, amending various sections of the Town of Cave Creek Zoning Ordinance Chapter 3 entitled 339 “Commercial Zones“, amending various sections of the Town of Cave Creek Zoning Ordinance Chapter 340 14, entitled “Officers, Boards and Commissions”, amending the Town of Cave Creek Zoning Ordinance 341 Chapter 15, entitled “Zoning Procedures”, Section 15.0 “General”, amending the Town of Cave Creek 342 Zoning Ordinance Supplement 1 entitled “List of Applications” and amending the Town of Cave Creek 343 Zoning Ordinance Supplement 2 entitled “Fee Schedule”, establishing an effective date, providing for 344 repeal and severability and declared to be a public record by Resolution No. R2020-01. 345 Second: Vice Mayor Smith. 346 347
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Mayor Bunch asked for Council Comments. 348 Vice Mayor Smith commented that this is necessary for legal compliance. 349 350 The motion passed 7 to 0, by Voice Vote. 351 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 352 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 353 354
9. COUNCIL DISCUSSION, PUBLIC HEARING AND POSSIBLE APPROVAL OF SECOND 355 READING OF ORDINANCE O2020-02 AN ORDINANCE OF THE MAYOR AND COUNCIL 356 OF THE TOWN OF CAVE CREEK, MARICOPA COUNTY, ARIZONA, AMENDING 357 VARIOUS TERMS AND DEFINITIONS CONTAINED IN THE TOWN OF CAVE CREEK 358 ZONING ORDINANCE, ENTITLED “APPENDIX A – GLOSSARY TERMS AND 359 DEFINITIONS” BY AMENDING APPENDIX A – GLOSSARY TERMS AND 360 DEFINITIONS,” ESTABLISHING AN EFFECTIVE DATE, PROVIDING FOR REPEAL AND 361 SEVERABILITY AND DECLARED TO BE A PUBLIC RECORD BY RESOLUTION NO. 362 R2020-02. 363
Introduced by Luke Kautzman; he explained that this item was also discussed at the January 21, 2020 364 meeting. 365 Mayor Bunch asked for Council questions. None. 366 367 Public Hearing opened at 7:54 p.m. 368 Public Hearing closed at 7:54 p.m. 369 370 Mayor Bunch asked for a Motion. 371 Motion: Councilmember Royer; Motion to give Second Reading to Ordinance No. O2020-02 an 372 ordinance of the Mayor and Council of the Town of Cave Creek, Maricopa County, Arizona, amending 373 various terms and definitions contained in the Town of Cave Creek Zoning Ordinance, entitled 374 “Appendix A – Glossary Terms and Definitions” by amending Appendix A – Glossary Terms and 375 Definitions,” establishing an effective date, providing for repeal and severability and declared to be a 376 public record by Resolution No. R2020-02. 377 Second: Mayor Bunch. 378 379 Mayor Bunch asked for Council Comments. None. 380 381 The motion passed 7 to 0, by Voice Vote. 382 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 383 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 384 385
10. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF BID AWARD TO REGIONAL 386 PAVEMENT MAINTENANCE OF ARIZONA, THE LOWEST RESPONSIVE, 387 RESPONSIBLE BIDDER RECEIVED FOR THE AMOUNT NOT TO EXCEED $176,222.71 388 FOR THE MILLING AND PAVING OF SAGUARO WEST PHASE II. 389
Ms. Dyrek explained the bid process and that Staff will bring the Contract back at the next meeting. 390 Introduced by Hal Marron, Town Engineer. 391 392 Mayor Bunch asked for Council questions. 393 Councilmember Royer asked for an explanation on the location of Saguaro West. 394 395 Public Comment. None. 396 397
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Mayor Bunch asked for a Motion. 398 Motion: Councilmember Morris; Motion to award Bid to Regional Pavement Maintenance of Arizona, 399 the lowest responsive, responsible bidder for the amount not to exceed $176,222.71 for the milling and 400 paving of Saguaro West Phase II. 401 Second: Councilmember McGuire. 402 403 Mayor Bunch asked for Council Comments. None. 404 405 The motion passed 7 to 0, by Roll Call Vote. 406 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 407 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 408 409
11. COUNCIL DISCUSSION AND POSSIBLE APPROVAL OF BID AWARD TO REGIONAL 410 PAVEMENT MAINTENANCE OF ARIZONA, THE LOWEST RESPONSIVE, 411 RESPONSIBLE BIDDER RECEIVED FOR THE AMOUNT NOT TO EXCEED $190,802.50 412 FOR THE MILLING AND PAVING OF WILLOW SPRINGS LOOP. 413
Mayor Bunch recused himself at 7:59 p.m. 414 Vice Mayor Smith read the agenda item. 415 Introduced by Hal Marron, Town Engineer. 416 417 Vice Mayor Smith asked for Council questions. None. 418 419 Public Comment. 420 Ray Stark, 41602 N Echo Canyon Drive. 421 422 Mayor Bunch asked for a Motion. 423 Motion: Councilmember Diefenderfer; Motion to award Bid to Regional Pavement Maintenance of 424 Arizona, the lowest responsive, responsible bidder for the amount not to exceed $190,802.50 for the 425 milling and paving of Willow Springs Loop. 426 Second: Councilmember Clancy. 427 428 Mayor Bunch asked for Council Comments. 429 Councilmember Diefenderfer agreed on the condition of the road. 430 431 The motion passed 6 to 0, by Roll Call Vote with Mayor Bunch recusing himself. 432 Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; yes, Councilmember 433 McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 434 435 Mayor Bunch returned to the dais at 8:03 p.m. 436 437
12. COUNCIL CONSIDERATION AND POSSIBLE APPROVAL OF RESOLUTION NO. R2020-438 06 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CAVE 439 CREEK, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID 440 COMPACT WITH MULTIPLE POLITICAL JURISDICTIONS WITHIN THE STATE OF 441 ARIZONA AND THE ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY 442 AFFAIRS. 443
Introduced by Marshal Stein. 444 445 Mayor Bunch asked for Council questions. None. 446 447
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Public Comment. None. 448 449 Mayor Bunch asked for a Motion. 450 Motion: Councilmember Clancy; Motion to Approve Resolution No. R2020-06, a Resolution of the 451 Mayor and Town Council of the Town of Cave Creek, Arizona, authorizing the Mayor to execute a 452 Mutual Aid Compact with multiple political jurisdictions within the State of Arizona and the Arizona 453 Department of Emergency and Military Affairs. 454 Second: Vice Mayor Smith. 455 456 Mayor Bunch asked for Council Comments. None. 457 458 The motion passed 7 to 0, by Voice Vote. 459 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 460 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 461 462 463 Mayor Bunch asked for Motion to Adjourn. 464 Motion: Councilmember Clancy Motion to adjourn at 8:05 p.m. 465 Second: Councilmember Morris. 466 467 The motion passed 7 to 0, by Roll Call Vote. 468 Mayor Bunch; yes, Councilmember Clancy; yes, Councilmember Diefenderfer; yes, Councilmember 469 McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 470 Adjourned at 8:05 p.m. 471 472 Dated this 19th day of February 2020. 473 474 ____________________________ ________________________________ 475 Jane Fuller, Deputy Town Clerk Ernie Bunch, Mayor 476
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03022020 Regular Town Council Meeting Minutes Page 1 of 6
REGULAR TOWN COUNCIL MEETING MINUTES 1 TOWN OF CAVE CREEK, ARIZONA 2
Monday, March 2, 2020 3 4
CALL TO ORDER 5:00 P.M. Ernie Bunch, Mayor, 37622 N. Cave Creek Road, Cave Creek, AZ. 5 6 Roll Call: Jane Fuller, Deputy Town Clerk 7 Council Present: Mayor Ernie Bunch, Vice-Mayor David Smith, Council Members Susan Clancy, 8
Paul Diefenderfer, Thomas McGuire, Robert Morris, Katherine Royer. 9 Council Absent: None 10 Staff Present: Town Manager Carrie Dyrek 11
Deputy Town Clerk Jane Fuller 12 Town Attorney William J. Sims 13 Town Marshal Adam Stein 14 Finance Director Robert Weddigen 15 Planning Director Luke Kautzman 16 Utility Director Shawn Kreuzwiesner 17 Town Engineer Hal Marron 18 Town Building Official Mike Baxley 19 20 EXECUTIVE SESSION: 21
1. Discussion, consultation, direction and legal advice with the Town Attorney regarding capital 22 improvement funding options in the utility rate study for the Town pursuant to A.R.S. §§ 38-23 431.03(A), (3) and (4). 24
2. Discussion, consultation, direction and legal advice with the Town Attorney concerning open 25 meeting law compliance issues pursuant to A.R.S. §§ 38-431.03(A), (3). 26
3. Council discussion and evaluation of the Town Manager’s performance pursuant to A.R.S. § 38-27 431.03(A), (1). 28
29 Mayor Bunch asked for a Motion to convene into Executive Session. 30 Motion: Councilmember Clancy Motion to convene into Executive Session. 31 Second: Councilmember McGuire. 32 The motion passed 7 to 0, by Voice Vote. 33 Mayor Bunch; yes, Vice Mayor Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer; 34 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 35 36 Council Convened into Executive Session at 5:01 p.m. 37 Council Adjourned Executive Session at 6:16 p.m. 38 Regular Session Resumed at 6:20 p.m. 39 40 PLEDGE OF ALLEGIANCE: 41 Mr. Sova led the Pledge of Allegiance at Mayor Bunch’s request. 42 43 PUBLIC ANNOUNCEMENTS: 44 Mayor Bunch remembered the Cave Creek Beer Festival and the positive feedback received. 45 46 PRESENTATIONS: 47 Presentation by Arizona Public Service; a Peak Incentive Check to the Town of Cave Creek. 48
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49 CALL TO THE PUBLIC: 50 Kerry Smith, 7265 E Continental Mountain Estates Drive 51 Cynthia Driskell, 40415 N 70th Street 52 Reg Monachino, 5450 E Desert Creek Lane 53 54 TOWN MANAGER REPORT: 55 Ms. Dyrek announced several upcoming events and dates, including Cave Creek Rodeo Parade on March 56 21, 2020, the Cave Creek Rodeo Golf Tournament on March 24, 2020 and the Cave Creek Rodeo; March 57 27-29, and Cave Creek Bike Week; March 27-April 5. She mentioned that the Town had a booth on the 58 General Plan at the Beer Festival. The Traffic/Pedestrian Study is in process. 59 60 NON-ACTION ITEMS: 61 62 A. INFORMATION AND DISCUSSION: 63 These Items provide Council an opportunity to discuss and follow up on issues of interest to the Community 64 and give Staff an opportunity to provide information to Council. They are for discussion only, no public 65 comment will be taken and no action will be taken by Council. 66 67 1. PRESENTATION BY THE TOWN FINANCE DIRECTOR ON SELECTION OF AN 68
ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION. 69 Mr. Weddigen presented a PowerPoint presentation on Alternative Expenditure Limitation Options 70 explaining that the Town uses Home Rule which is more transparent but requires an election every four 71 years. 72 Ms. Dyrek pointed out that the First Public Hearing will occur today later in the Meeting. 73 74 Mayor Bunch commented that the Home Rule Option allows the most flexibility for the Town. 75 Councilmember Clancy asked about Home Rule and how to handle emergency expenditures. 76 Mr. Weddigen responded that the Town can transfer funds but only with Council approval but still cannot 77 exceed the original budget. 78
79 2. PRESENTATION TO COUNCIL, THE QUARTERLY FINANCIAL REPORT - 80
PRELIMINARY ACTUAL RESULTS OF OPERATIONS FOR JULY THROUGH 81 DECEMBER OF FISCAL YEAR 2020 COMPARED TO JULY THROUGHT DECEMBER OF 82 FISCAL YEAR 2019 AND COMPARED TO FISCAL YEAR 2020 BUDGET. 83
Mr. Weddigen presented a PowerPoint presentation on Preliminary Financial Results. 84 Councilmember McGuire left the meeting at 6:53 p.m. 85 Councilmember McGuire returned at meeting at 6:54 p.m. 86 Councilmember Morris asked what is in the Services account line in the Desert Hills Water System 87 Enterprise Fund. 88 Mr. Weddigen explained professional services. 89
90 3. PRESENTATION TO COUNCIL, TOWN CASE SPR-19-02 - BLACK MOUNTAIN VISTA 91
TRACT C - SITE PLAN FOR THE DEVELOPMENT OF A MIXED USE - LIVE/WORK 92 DEVELOPMENT CONSISTING OF ONE BUILDING WITH TWO RESIDENCES AND TWO 93 COMMERCIAL SPACED IN A TOWN CORE COMMERCIAL (TCC) ZONE SUBJECT TO 94 THE CONDITIONS CONTAINED IN EXHIBIT E. 95
Mr. Kautzman introduced the item. He corrected one of the drawings should indicate Town Core 96 Commercial C.C.R. not M.R. The Planning Commission recommended approval unanimously. 97
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Councilmember Royer asked if it is a prerequisite to have the commercial space built by a certain date and 98 for clarification on the ordinance. 99 Mr. Kautzman explained that the developer is building the commercial space. The Planning Commission 100 approves the concept within the Zoning Ordinance not the design. 101 Councilmember Morris asked if 73% of the footage is residential. 102 Mr. Kautzman confirmed and explained the plan. He noted that the current ordinance reduces residential in 103 the Town Core. 104 Mr. Morris asked if the Town has a standard on minimum requirements for residential and who has the 105 authority to approve. He noted that the Town depends on sales tax revenues. He asked about trails and 106 pathways. 107 Mr. Kautzman responded that the current ordinance does not provide a standard, there does need to be a 108 commercial component. 109
110 4. PRESENTATION TO COUNCIL, THE UTILITY ENTERPRISE FUND CAPITAL 111
IMPROVEMENT PLAN (CIP) FOR FY2020 - FY2025, AND DISCUSSION ON THE WATER 112 ADVISORY COMMITTEE RECOMMENDATIONS REGARDING THE CIP AND THE 113 UTILITY RATE STUDY AND RATE MODEL. 114
Mr. Weddigen introduced the item. 115 Ms. Dyrek introduced the item and Mr. Kreuzwiesner presented the Utility Capital Improvement Plan, he 116 answered questions. 117 Councilmember Morris asked if we have a performance bond from the developer. 118 Mr. Kreuzwiesner responded that he would have to look back at the current development agreement, he 119 noted that there are limitations and penalties provided. 120 Councilmember Clancy asked about the Chuparosa Lift Station rehabilitation; does it have an effect on high 121 water pressure. 122 Mr. Kreuzwiesner explained no, this item is in the Wastewater System. He explained that the Master Plan 123 will help control pressures. 124 Mr. Kerry Smith, Chair of the Water Advisory Committee and Mr. Ron Sova, Vice Chair joined the 125 discussion and presented the Water Advisory Committee’s recommendations on the water rate study and 126 model. 127 Councilmember Royer thanked Mr. Smith for his work. She disagrees with some of the model’s analysis. 128 She disagrees that the Town should raise rates to make up for the lack of increase in prior years. She noted 129 that the Council and Staff are working on ways to lessen the impact of rate increases. 130 Mayor Bunch noted that the Rate Study began over three years ago. 131 Councilmember Morris commented on elasticity and conservation structure in the model. He recognized 132 Staff’s efforts to improve the accounting system. 133 Ms. Dyrek clarified that the Town is considering the debt option of the model and options to lessen the 134 impact of rate increases. She announced a public hearing is scheduled for April 16, 2020 at 6:00 p.m. 135
136 5. COUNCIL REVIEW OF THE MARCH 16, 2020 DRAFT AGENDA PACKET FOLLOWED 137
BY POSSIBLE DIRECTION TO STAFF. 138 Councilmember Morris asked for report on Staff’s efforts to prepare for fire season. He asked for Council 139 discussion on a future agenda to consider a change to Zoning Ordinance for percentage of residential in 140 Town Core. 141 Councilmember Royer asked for discussion on changing time limit for commercial to be built in the Town 142 Core. 143 Mr. Sims noted the Town could impose timelines but asked Council to consider the remedy would be; he 144 explained the issue. 145 146 147
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ACTION ITEMS: 148 CONSENT AGENDA: 149
1. Approval of and authorization for the Mayor to sign a letter to the Arizona State Land Department 150 in support of Cahava Springs Revitalization District acquisition of additional right of way to 151 construct a booster station and related infrastructure that will provide the fire pressure and 152 eventually domestic water service for the area. 153
Mayor Bunch pulled Item 1 from the Consent Agenda so that he could explain the background. 154 155
2. Approval of the Contract with Regional Pavement Maintenance of Arizona, Inc. for the Milling 156 and Paving of Willow Springs Loop. 157 Approval of the Contract with Regional Pavement Maintenance of Arizona, Inc. for the Milling 158 and Paving of Saguaro West Phase II. 159 160
Mayor Bunch recused himself from item 2 of the Consent Agenda. 161 Vice Mayor Smith asked for Motion to approve Item 2 on the Consent Agenda. 162 Councilmember Royer Motion to approve the Consent Agenda. 163 Second: Councilmember Diefenderfer. 164 The motion passed 6 to 0, by Voice Vote with Mayor Bunch recused. 165 Vice Mayor Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer; yes, Councilmember 166 McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 167 168 Mayor revisited item 1 of the Consent Agenda and explained the Approval of and authorization for the 169 Mayor to sign a letter to the Arizona State Land Department in support of Cahava Springs Revitalization 170 District acquisition of additional right of way to construct a booster station and related infrastructure that 171 will provide the fire pressure and eventually domestic water service for the area. 172 Ms. Dyrek explained that Staff is requiring additional land for Staff to maintain the booster station and be 173 off of the roadway for safety purposes. 174 Mayor Bunch asked for Motion to approve Item 1 on the Consent Agenda. 175 Councilmember Royer Motion to approve the Consent Agenda. 176 Second: Councilmember Diefenderfer. 177 The motion passed 7 to 0, by Voice Vote. 178 Mayor Bunch; yes, Vice Mayor Smith; yes, Councilmember Clancy; yes, Councilmember Diefenderfer; 179 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 180 181 GENERAL AGENDA ITEMS 182
1. SECOND READING OF ORDINANCE NO. 2020-03, AN ORDINANCE OF THE MAYOR 183 AND COUNCIL OF THE TOWN OF CAVE CREEK, ARIZONA, AMENDING VARIOUS 184 SECTIONS OF THE TOWN OF CAVE CREEK TOWN CODE CHAPTER 52 ENTITLED 185 “WATER” BY AMENDING “CITIZENS WATER ADVISORY COMMITTEE” SECTION 186 52.601 “CREATION” AND SECTION 52.602 “FUNCTIONS AND PURPOSES” AND 187 SECTION 52.603 “MEMBERSHIP, COMPOSITION, TERMS AND QUALIFICATIONS” AND 188 52.604 “COMMITTEE ORGANIZATION” AND 52.605 “COMMITTEE REPORTS” AND 189 52.606 “LIMITATION OF POWERS” AND 52.999 “PENALTY,” ESTABLISHING AN 190 EFFECTIVE DATE AND PROVIDING FOR REPEAL AND SEVERABILITY. 191
Mr. Sims introduced the item and noted the changes based on the last Council meeting discussions. Typo 192 on page 205 52.602 H the word “the” should be removed. 193 194 Councilmember asked who the Wastewater Subcommittee would report to. 195 Mr. Sims responded directly to Town Council. 196 197
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Public Comment. None. 198 199 Mayor Bunch asked for a Motion. 200 Motion: Vice Mayor Smith, Motion to Give Second Reading of Ordinance No. 2020-03, an ordinance of 201 the Mayor and Council of the Town of Cave Creek, Arizona, amending various sections of the Town of 202 Cave Creek Town Code, Chapter 52 Entitled "Water" by amending "Citizens Water Advisory 203 Committee" Section 52.601 "Creation" and Section 52.602 "Functions and Purposes" and Section 52.603 204 "Membership, Composition, Terms and Qualifications" and 52.604 "Committee Organization" and 205 52.605 "Committee Reports" and 52.606 "Limitation of Powers" and 52.999 "Penalty," establishing an 206 effective date and providing for repeal and severability with the correction of the typo. 207 Second: Councilmember Clancy. 208 209 Mayor Bunch asked for Council comments. 210 Vice Mayor Smith recognized the good work. 211 212 The motion passed 7 to 0, by Voice Vote. 213 Mayor Bunch; yes, Vice Mayor Smith; yes; Councilmember Clancy; yes, Councilmember Diefenderfer; 214 yes, Councilmember McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes 215 216
2. FIRST PUBLIC HEARING ON THE PROPOSED EXTENSION OF AN ALTERNATIVE 217 EXPENDITURE LIMITATION - HOME RULE OPTION. 218
Introduced by Mr. Weddigen. 219 220 Mayor Bunch asked for Council questions. None. 221 222 Public Hearing Opened at 8:14 p.m. 223 Mr. Reg Monachino, 5450 E Desert Creek Lane asked how the base rate is calculated. He requested a report 224 on the calculations. He stated that voters can vote to adjust the basis. 225 Mr. Kerry Smith questioned the basis for coming up with the $11 million dollars. He also asked for the 226 pro/cons for all options. He asked for the cons for Home Rule not just the pros and would the Enterprise 227 Fund be included in the calculation. 228 Mr. Weddigen responded to the questions asked. He explained that the State Limitation calculation is 229 provided by the State and then calculated by himself to come up with the $11 million based on the State’s 230 instructions. He discussed pro/con of other options. 231 Mayor Bunch asked Mr. Weddigen how the Town would manage plans for large capital improvement 232 project expenditures in the budget under other options. 233 Vice Mayor Smith commented that if Home Rule fails to pass the Town would be devastated; he considered 234 what would happen to the revenues, and how the Town would manage obligations for maintenance and 235 improvements. 236 Mr. Sims commented that the State Option is draconian. He reviewed the other options. He recommended 237 an analysis on Permanent Adjustment versus Home Rule. 238 Mr. Sova commented that Home Rule passed in 2016 with a margin of 60/40. He recognized that the Town 239 needs to educate the public. 240 Mr. Bill Basore spoke in support of Home Rule. 241 Public Hearing Closed at 8:33 p.m. 242 243 Mayor Bunch asked for Motion to Adjourn. 244 Motion: Councilmember Clancy Motion to adjourn at 8:33 p.m. 245 Second: Councilmember Royer. 246 247
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The motion passed 7 to 0, by Roll Call Vote. 248 Mayor Bunch; yes, Councilmember Clancy; yes, Councilmember Diefenderfer; yes, Councilmember 249 McGuire; yes, Councilmember Morris; yes, Councilmember Royer; yes. 250 Adjourned at 8:33 p.m. 251 252 Dated this 3rd day of March 2020. 253 254 ____________________________ ________________________________ 255 Jane Fuller, Deputy Town Clerk Ernie Bunch, Mayor 256
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ACTION ITEM REQUEST TO: Carrie Dyrek, Town Manager FROM: Robert Weddigen DATE: 1/23/20 FOR 3/16/2020 Council Meeting
SUBJECT: Second public hearing on the proposed extension of an alternative expenditure limitation – home rule option and council discussion and approval of resolution R2020-09 proposing an alternative expenditure limitation- home rule option
REQUEST FOR COUNCIL ACTION: Motion to approve Resolution R2020-09, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona proposing an alternative expenditure limitation.
RECOMMENDATION: Approve resolution.
SUMMARY: The State mandates restrictions on expenditures of the Town to an amount based on revenues received in 1980 and adjusted for inflation and population. Because this resulted in less than anticipated expenditures, since 1999 the Town has elected to use an alternative expenditure limitation (home rule option). In order to utilize the home rule option and maintain sufficient expenditure authority staff recommends the resolution be adopted.
FINANCIAL IMPLICATIONS: The expenditure levels of the Town would be reduced to a level that it would not support fully support either general governmental functions, nor utility operations.
ALTERNATIVES: N/A
ATTACHMENTS: Presentation on Alternative Expenditure Limitation
C:\Users\jfuller\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XERMPPK8\March 16 - AELR Election Home Rule Option Hearing 2 Resolution Action Item Request for Council Meeting_.doc
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A.R.S. 41-563
increases in population and inflation – contains
many exclusions/adjustments
limitation?
limit with exclusions is $11,614,290
• A difference of $ $18,782,842
3
for example:
• Permanent Adjustment
PERMANENT BASE ADJUSTMENT
A voter approved permanent base adjustment to the state imposed limitation permanently modifies the base. The base is adjusted for changes in population and inflation in arriving at the current years expenditure limit. However, there are exclusions allowed. No future election is required to keep this option unless the city or town wishes to change the base again to affect their expenditure limitation.
5
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CAPITAL PROJECTS ACCUMULATION FUND
A voter approved capital projects accumulation fund is an alternative that allows a city or town that finds the state imposed limit acceptable except for capital project costs. The town or city could then exclude capital project expenditures from the limit. This alternative would have to be voted on every year.
6
ONE-TIME OVER RIDE
A voter approved one-time over ride allows a city or town to have an expenditure in excess of its state imposed expenditure limitation. The purpose of the expenditure in excess of the limit must be identified prior to the vote of the public. The process to adopt this option would have to be repeated every year.
7
HOME RULE
A voter approved home rule expenditure limitation option allows a city or town to have an expenditure limit with no ties to the state imposed limitation. The limit is equal to the annual adopted expenditure budget. There are no exclusions. The process to adopt this alternative must be repeated every four years.
8
Used by 45 of 78 towns/cities using an alternative
The Town has operated under the Home Rule option since 1999
9
10
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Motion to approve Resolution No. R2020 – 09, a Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona proposing an alternative expenditure limitation.
11
RESOLUTION NO. R2020-09
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
CAVE CREEK, MARICOPA COUNTY, ARIZONA PROPOSING AN ALTERNATIVE EXPENDITURE LIMITATION.
WHEREAS, the Arizona State Constitution permits the submission to the voters of a city or town of an alternative expenditure limitation; and
WHEREAS, the voters of the Town of Cave Creek in May, 1999 adopted an
alternative expenditure limitation, and renewed the Home Rule Option alternative expenditure limitation in May, 2003, May 2007, May 2011 and in August 2016; and
WHEREAS, the Town Council of Cave Creek, after two public hearings has
determined that an extension of the alternative expenditure limitation is necessary for the Town of Cave Creek; and
NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF CAVE CREEK, ARIZONA that the following alternative expenditure limitation be submitted to the voters of the Town of Cave Creek: Shall the following be adopted by the Town of Cave Creek as an alternative expenditure limitation: “The Mayor and Town Council of the Town of Cave Creek shall annually, as part of the annual budget adoption process, adopt an alternative expenditure limitation equal to the total amount budgeted expenditures/expenses as it appears on the annual budget as adopted by the Council to apply to the Town of Cave Creek for each of the four fiscal years immediately following adoption of the alternative expenditure limitation. The alternative expenditure limitation shall be adopted each year after a public hearing at which the citizens of the Town of Cave Creek may comment on the proposed alternative expenditure limitation. No expenditures may be made in violation of such alternative expenditure limitation, nor may any proposed expenditures be in excess of estimated, available revenues, except that the Mayor and Town Council may, by three-fourths vote, declare an emergency and suspend the alternative expenditure limitation. The suspension of the alternative expenditure limitation shall be in effect for only one fiscal year at a time.” PASSED AND ADOPTED by the Mayor and Council of the Town of Cave Creek, Arizona this _______ day of _____________, 2020.
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ATTESTED TO: FOR THE TOWN OF CAVE CREEK:
_____________________________ _____________________________ Carrie Dyrek, Town Clerk Ernie Bunch, Mayor APPROVED AS TO FORM: _______________________________ William J. Sims, Town Attorney
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DATE: 02-12-2020
SUBJECT: Approve a Sole Source equipment purchase with Veolia Water Technologies Inc. (dba Kruger
Water Technologies) for replacement parts required to rebuild the two tertiary filter units at the
Water Reclamation Facility, for an amount not to exceed $110,275.
REQUEST FOR COUNCIL ACTION: Motion to approve Sole Source equipment purchase with Veolia Water
Technologies Inc. (dba Kruger Water Technologies) for replacement parts required to refurbish the two tertiary filter
unit at the Town’s Water Reclamation facility, for an amount not to exceed $110,275
RECOMMENDATION: Staff recommends that Town Council will consider a request to approve a Sole Source
equipment purchase with Veolia Water Technologies Inc (dba Kruger Water Technologies) for replacement parts
required to rebuild the two tertiary cloth disc filter units at the Water Reclamation Facility.
SUMMARY: The Town’s Water Reclamation facility has two Veolia Hydrotech Discfilter units. Each unit has 84
cloth filter panels mounted in rows around a centre shaft. The filter panels remove fine particles from the plant
effluent. This final filtering is considered a tertiary treatment process and is required by our operational permit for
the facility to meet turbidity requirements.
The filters units have been in operation since the plant was originally constructed in 2010. Recently staff have had
issues with the north filter and the unit is currently out of service. The support brackets that hold that cloth filter
panels in place have started to break due to their age and that caused the unit to jam.
After an inspection, it was determined the several of the replaceable parts in the unit had reached the end their
useful lives like the bearings on the main support shaft. The replaceable parts in the south filter are in similar
condition. It requires a complete disassemble of the units to replace the support brackets and main support shaft. It
is therefore advisable to change out all replaceable parts at the same time to fully refurbish the units.
The units are manufactured by Veolia Water Technologies Inc (dba Kruger Water Technologies) and they are the
only company able to provide replacement parts. The Town contacted the manufacture and obtained a quote for
replacement parts in the amount of $110,275, including freight and taxes. In accordance with Section 37.03 of
Page 49 of 55
Town Code, staff is requesting for Council to approve this purchase without securing additional bids as the parts
are considered an exclusive service.
FINANCIAL CONSIDERATION:
The repair of the two Veoloa Hydrotech Discfilters was not contemplated in the original formulation of the FY2020
budget for the Cave Creek Wastewater System Enterprise fund. The expected cost of the repair parts is $110,275.
No budget transfer from other departments or funds will be necessary for this project. In additional to using the
Wastewater Enterprise Fund Maintenance line item (40-021100-2080), there will be budget/expenditure authority in
the Professional Services line item (40-021100-2049) of the Cave Creek Wastewater System budget that can be
used to fully fund this purchase.
ALTERNATIVES:
1. Approve the Sole Source equipment purchase for the replacement parts required to rebuild the two tertiary
filter units at the Water Reclamation Facility
2. Deny the use of the Sole Source equipment purchase and ask staff to determine another way to obtain bids
for the replacement parts, which will delay the repairs of the units.
ATTACHMENTS:
2. Exhibit 2 – Filter Schematic – Site Photo
3. Exhibit 1: Quotation from Veolia Water Technologies Inc (dba Kruger Water Technologies)
Page 50 of 55
Location Map
Filter Units
Page 52 of 55
QUOTE QUOTE NO. 021320
DATE: 03.13.20
Veolia Water Technologies, Inc. (dba Kruger Water Technologies) 1500 Garner Road, Suite C Raleigh, North Carolina 27610 USA PHONE 888-578-4378 FAX 919-661-4568 EMAIL: [email protected]
EXPIRATION DATE: 04/13/20 This quote is valid for 30 days
TO Contact Name: Scott Piercy Company: Cave Creek Water Ranch WT Address: 4300 East Carefree Highway Cave Creek, AZ 85331 Phone: 480.488.1400 Email or Fax: [email protected]
FROM: Tom O’Shea Customer Support Manager West Region [email protected] CELL 980.201.1951
SALESPERSON JOB PAYMENT TERMS DELIVERY TERMS DELIVERY SCHEDULE
TPO CS601461/CB745003 Net 30 Days F.O.B. Prepaid & Add Destination 6-7 WEEKS ARO
QTY PART NUMBER AND DESCRIPTION UNIT PRICE LINE TOTAL
* NOTE: The attached Veolia Water Technologies, Inc (dba Kruger Water Technologies) Quotation is for Parts Only. The pricing is expressly contingent upon the items in this quotation & are subject to Veolia Water Technologies, Inc. (dba Kruger Water Technologies) Standard Terms of Sale for Parts Orders as detailed herein. No add’l terms contained within Owner's and/or Engineer's Plans & Specifications shall apply to nor become a part of this Quote.
MODEL HSF2206-1F SN 6473:6474
$230.51 $38,726.38
168 VWS#: SPSVFI303383 COVER FOR FILTER SEGMENT COVER FOR FILTER SEGMENT 1014989 (606769)
$87.53 $14,705.81
$12.01 $2,017.71
$6.46 $1,085.31
$5.59 $469.93
$48.82 $1,171.63
24 VWS#:SAFIFI200474 PIN FOR STRAP (FILTER SEGM) M8 1007396 (606769)
$12.61 $302.63
24 VWS#:SAFIFI200475 PIN FOR STRAP (FILTERSEG) Ø8.5 1007401 (606769)
$12.61 $302.63
2 VWS#:CMSPGU202226 ROTATION STOP SET HSF2200 AISI316L 1012718 (606769)
$14.01 $28.02
$2.20 $738.46
$0.56 $466.20
$2.46 $1,241.96
$2.46 $827.97
24 VWS#: CMSPGU202225 SCREW HEX. SOCKET MC6S M8X50D A4-80 DIN912 1007397 (606769)
$2.00 $47.95
$11,754.35 $23,508.69
$3,691.20 $7,382.39
$65.85 $274.30
SUBTOTAL $93,297.98
LESS 15% DISCOUNT Included
ALL PRICES SUBJECT TO COST AND AVAILABILITY AT TIME OF ORDER. PROCESSING FEE WAIVED
PRICES QUOTED ABOVE DO NOT INCLUDE SHIPPING, BROKERAGE, ESTIMATED FREIGHT
$8,300.00
CUSTOMS DUTIES & FEES, START UP SERVICES, APPLICABLE TAXES. 9.3% AZ SALES TAX
$8,676.71*
MINIMUM ORDER $50.00. TOTAL US $110,274.70*
Quotation prepared by: Tom O’Shea REF Quote #120419 ___________________ To accept, sign here and return*: _____________________________________________________________________________________
THANK YOU FOR YOUR BUSINESS!
Veolia Water Technologies, Inc (dba Kruger Water Technologies) - The Quote is for Parts Only. The pricing is expressly contingent upon the items in this quotation & are subject the attached Veolia Water Technologies, Inc. (dba Kruger Water Technologies) Standard Terms of Sale for Parts Orders as detailed herein. No additional terms contained within Owner's and/or Engineer's Plans & Specifications shall apply to nor become a part of this Quote.
PLEASE NOTE: A signed Quotation is required to process
order. If you submit a PO, please reference Veolia Water Technologies, Inc (dba Kruger Water Technologies) Quotation number to
process order.
VEOLIA WATER TECHNOLOGIES, INC. (DBA KRUGER WATER TECHNOLOGIES) - STANDARD TERMS OF SALE - PARTS ONLY ORDERS
1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Seller’s purchase order, quotation, proposal or acknowledgment, as the case may be ("Seller’s Documentation"). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer’s assent to these terms. Seller rejects all additional or different terms in any of Buyer’s forms or documents.
2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller’s Documentation. Unless Seller’s Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 ½% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller’s reasonable costs (including attorneys’ fees) of collecting amounts due but unpaid. All orders are subject to credit approval.
3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller’s Documentation. Unless Seller’s Documentation provides otherwise, Delivery terms are F.O.B. Prepaid and Add Destination
4. Ownership of Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller’s property. Seller grants Buyer a non-exclusive, non- transferable license to use any such material solely for Buyer’s use of the Equipment. Buyer shall not disclose any such material to third parties without Seller’s prior written consent.
5. Changes. Seller shall not implement any changes in the scope of work described in Seller’s Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms.
6. Warranty. Subject to the following sentence, “Supplier warrants to Purchaser that the Equipment shall materially conform to the description in Supplier’s RFP and shall be free from defects in material and workmanship. Supplier shall have no other liability to Purchaser under warranty, tort or any other legal theory. If Purchaser gives Supplier prompt written notice of breach of this warranty within ninety days (90) on electrical supplies, one (1) year on mechanical supplies from delivery, (the "Warranty Period"). Supplier shall, at its sole option and as Purchaser’s sole remedy, repair or replace the subject parts or refund the purchase price thereof. If Supplier determines that any claimed breach is not, in fact, covered by this warranty, Purchaser shall pay Supplier its then customary charges for any repair or replacement made by Supplier and there shall be a thirty-five percent (35%) re-stocking charge. Supplier’s warranty is conditioned on Purchaser’s (a) operating and maintaining the Equipment in accordance with Supplier’s instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Supplier. Supplier’s warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation. THE WARRANTIES SET FORTH IN THIS SECTION ARE SUPPLIER’S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY BELOW. SUPPLIER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. “
7. Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims
for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller’s indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim.
8. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such party's reasonable control.
9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller’s breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER’S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are
required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the “Agreement”) and supersede any terms contained in Buyer’s documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller’s prior written consent. The Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions.
Veolia Water Technologies, Inc. (dba Kruger Water Technologies) – Standard Terms of Sale
Page 55 of 55
A. 1. 02182020 Regular Town Council Meeting Minutes
A. 2. 03022020 Regular Town Council Meeting Minutes
B. 1. Cave Creek Farmers Market
B. 2. AELR Election Home Rule Option Hearing 2 R2020-09 Action Item Request
B. 2. AELR Presentation March 16th
B. 2. AELR Resolution No. R2020-09 Proposing an Alternative Expenditure Limitation
B. 3. Veolia WRF Filter Action Item Request (02)
B. 3. Veolia Water Technologies Inc Exhibit 1 - Site Map_
B. 3. Veolia Water Technologies Inc Exhibit 2 - Filter Schematic - Site Photo_