Carefree Truth

Issue #397, June 1, 2015

 

 

 

Council meetings will now include reports by Council members assigned to various areas of responsibility if there is activity in those areas. Municipal Law Attorney Bill Sims suggested this be implemented as a method to improve communications without violating the Open Meeting Laws.

 

 

 

Administrative: Mayor Les Peterson reported that the Town Ordinances will be updated to insure compliance with changing State Statutes.  They will also be clarified and made unambiguous, with the roles of Mayor, Vice Mayor, Council members, the Town Administrator, and Town staff defined.  The committee consists of Mayor Peterson, Vice Mayor John Crane, Town Administrator Gary Neiss, former Mayor Wayne Fulcher, Former Vice Mayor Lloyd Meyer, and  attorney Tom Rawles, with former Councilman Greg Gardner serving as an alternate.  Due to the schedules of the civilian members, this process will begin at the end of June.

 

 

 

Town Center Identification/Architectural: Councilwoman Melissa Price stated she would prefer to wait.

 

 

 

Long Range Financial Plan: The committee to update the Plan consists of Mayor Peterson, Vice Mayor Crane, Town accountant Jim Keen, Gary Neiss, former Councilman Gary Hayward, Jerry Wetta, and John Traynor.  Mr. Hayward and Mr. Wetta were on the committee that generated the last Plan in 2012, which will be used as a base.  Mr. Keen has produced actual figures from the past 5 years that will be used to anticipate future revenues and expenses.  The Plan will be interactive and will be updated as new information becomes available, or as capital improvement projects arise.  Members of the committee will participate in discussions and negotiations with outside financial institutions regarding transactions under consideration.  The Plan is expected to be completed by the end of August.

 

 

 

Liberty Water Sewer Rates: Mayor Peterson reported that the decision to bill sewer rates for restaurants using the number of chairs vs. the meals served is left up to the utility company.  Liberty Water, the sewer utility, changed the method they had been using to bill Venues Cafe, and Venues' sewer bill rose dramatically.  Venues did not pay it, and filed a complaint with the Arizona Corporation Commission (ACC) to avoid having their service cut.  The Town of Carefree and other Carefree restaurants joined Venues in an effort to overturn the obsolete method of rate determination using the number of chairs. 

 

 

 

While much information was presented to the ACC, it was not a rate case hearing.  The ACC denied a motion to intervene.  It was requested that a rate case hearing for Venues be started not later than the end of June.  These normally take 12-14 months.  Many sewer companies charge by determining water-in/water-out.  The water-in was a fraction of the water- out at Venues.  Liberty requested the water-in data, and is working with the Carefree Water Company to obtain that data.

 

 

 

Town attorney Mike Wright explained that Venues requested the Town participate with them in a possible ACC appeal.   However, the Town is not involved in the lawsuit, so lacks legal standing and can't file an appeal.  The Town's participation fell under Public Comment, rather than as an intervener.  The Town is a "non party" to further proceedings but could submit a brief so the ACC could determine if Carefree restaurants prefer to be billed by number of chairs or by meals served.  The ACC declined to insist on using meals served but pressure has been put on Liberty Water, to the advantage of all Carefree restaurants. 

 

 

 

Councilman Mike Farrar asked if other restaurants filed a motion to intervene and if they had legal standing.  Mr. Wright replied that the only one with standing to appeal is Venues.  The ACC ruled against Venues, leaving them with a large sewer bill to pay.  They are working it out with Liberty.  Mayor Peterson said other restaurants participated and gave testimony, but were there solely as witnesses.  Councilman Glenn Miller asked if the criteria could possibly change to water in/water out.  Vice Mayor Crane said since many sewer companies do use that method, he thought it was a reasonable expectation for the outcome.  

 

 

 

Council Chamber:  Councilwoman Price asked Councilman Miller to speak for them.  Mr. Miller reported that he spoke with Ray Klemp, owner of the 100 Easy Street building where the Council chamber is currently located, about Carefree being allowed to give up the rented space no longer being used by the court.  The Carefree Post Office (CFPO) has renewed their lease for another year, but it is privately run.  The Federal government is exploring turning the CFPO into a full Federal PO.  If that occurs, more space will be needed for boxes, and the PO might expand into Carefree's unused rented space. 

 

 

 

Mayor Peterson asked if any other options were being considered by Council members Miller and Price.  Ms. Price replied no, that they are holding off until a decision is required.  She said they don't know what will happen and what developers will be coming forth.  The lease expires in June of 2016.  Mr. Farrar remarked that if they are not exploring any other options, and the landlord is aware of this, it severely denigrates the ability to negotiate a favorable lease.  The leverage is one sided. Mayor Peterson asked Mr. Miller and Ms. Price to consider that, calling it "reasonable".   

 

 

 

Land Use/Planning: Gary Neiss reported that the zoning ordinances will be updated using suggestions from the Baker Study, positioning Carefree to be more competitive in today's market.  The Planning and Zoning Commission (P&Z) will start the process over the summer. 

 

 

 

A moratorium on permits for Open House signs was on the agenda for P&Z's May meeting and will go to the Council in June.  Mr. Neiss explained that the permits were initiated as a way to determine that signs for houses bordering Carefree were not placed within Carefree.  The permit stickers made that possible to determine and enforce.  However, signage is vital to the Real Estate industry, and if houses sell faster, property values increase.  The difficulty is finding a balance. 

 

 

 

Mr. Farrar stated he had notified the Scottsdale Association of Realtors, and representatives would be attending both meetings.  Vice Mayor Crane asked how residents would be notified, and was told it would be done using COINS.  The Mayor asked who would be presenting it to P&Z.  Mr. Neiss answered that since the Town initiated the potential change, staff would present the review of the existing ordinance, followed by dialogue between the Commissioners and the public.

 

 

 

Medians: Mr. Miller met with Mark Wdowiak of Desert Foothills Landscape (DFL) about contracting to maintain Carefree's medians.  Mr. Wdowiak said he can work around the bike lane construction schedule.   Vice Mayor Crane asked what would be done to the medians.  Mr. Miller replied that dying and dead vegetation would be removed and replaced, trees trimmed, and weeds killed. Once the medians are "dialed in", DFL would install some additional plants at no charge, just as they do in the Carefree Desert Gardens. 

 

 

 

Mr. Miller explained that it costs $88,000 a year for the Carefree Public Works Department to maintain the medians, and it takes the 4 men who staff that department away from other work for a total of 3 months a year.  Adding an additional staff member to Public Works would cost $55-60,000.  DFL would charge $83,295 for this service, less Carefree's special discount of $24,432, bringing the total to $59,460.  Mr. Miller said this is a great deal from a company with a proven track record. 

 

 

 

Vice Mayor Crane agreed it is a great deal, and that the medians need work, adding that the appearance of medians sets the tone for people driving into town.  With that in mind, he suggested that they start with the medians on Tom Darlington.  Mr. Miller reiterated that this includes additional plants at no extra charge.

 

 

 

Ms. Price asked if this included the areas in front of CVS and Lowe's, as complaints have been received about those areas. Mr. Neiss once more explained that the areas in question are private property, and that the development agreement specified the landscape remain natural desert, rather than being landscaped "Disney Desert", and that natural desert is not always pretty.  The Town had talked to the stores in the center, and their management was not willing to do anything beyond the scope of the development agreement.  However, the Town will maintain the Right of Way along Cave Creek Road in front of the center.

 

 

 

The Council will vote on awarding the contract at the June 2nd meeting.  The contract, if approved, will go into effect on July 1st, the beginning of the new fiscal year.

https://vimeo.com/user18676056/review/127376285

 

 

Lyn Hitchon 

 

 

 

Prepared by Carefree Truth

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