Cave
Creek resident Terry Zerkle, formerly a city manager in
Colorado and Arizona, has written several letters to town
council over the last month, asking questions about the
town’s involvement with Sienna Corporation and the process
that will bring a 2 million‑gallon water tank recently
approved for construction just off Echo Canyon Drive near
Rockaway Hills Road.
According
to Zerkle, Town Manager Usama Abujbarah’s negotiations
with Sienna to facilitate development at Continental Mountain
goes against the 2005 General Plan adopted by council
and approved by Cave Creek voters.
Citing
town code, Section 31.25, Zerkle noted policy‑making
by the town manager is forbidden, yet his discussions
with four council members revealed they were aware of
ongoing dialogue between Abujbarah and the developer and
told him the matter had not yet been made public.
Zerkle
produced a letter to The Desert Advocate from Councilman
Tom McGuire dated Aug. 15 affirming McGuire’s awareness
of the negotiations. In that letter, McGuire stated that
breaking off those negotiations, which reportedly had
begun with Global Water prior to the town’s purchase of
Cave Creek Water Co., could result in legal action the
town might lose.
The
Advocate made a public records request at town hall seeking
documentation denoting authorization for Abujbarah to
negotiate with any developer for water service to the
Continental
Mountain area. The town responded no such documentation
exists.
The
Continental Mountain planned development lies outside
the town’s current boundaries and must proceed through
the Maricopa County Planning Department.
McGuire
states in his letter, “I do not agree with you that our
plans and negotiations are encouraging development. We
do not have the power to stop growth and to deny property
rights, but we can and do try to manage growth.”
Mayor
Vincent Francia also refutes many of Zerkle’s claims,
and said the word “negotiation” is being misused. “It’s
discussions. We planned to put the water tank there (off
Echo Canyon Drive) before (Sienna Corp.) came to us. I
haven’t been in on the water discussions. They asked if
we would consider annexing them, and I told them we could
bring it before council.”
Francia
said those discussions took place about a month ago and
that Zerkle is overreacting to how the process has played
out. “This is a town manager form of government. He handles
all the preliminary work and he gets this stuff to council.
There’s nothing to present (to council) yet.”
Abujbarah,
when asked about the situation with Sienna, said, “Yes,
we are negotiating with them. We are looking at a development
agreement. And if that development agreement is readied,
we will bring it to council.”
A
representative of Sienna confirmed to the Advocate last
month they were negotiating a pre‑annexation agreement
with the town.
The
negotiations with Sienna include providing water service
to the Continental Mountain area, which is where the water
tanks come into play.
Zerkle
contends town council hasn’t done enough to inform the
neighborhood about its plans for the tank site, noting
only seven nearby property owners were notified, despite
the fact a 2 million‑gallon tank 24 feet in height
would affect more than just neighboring homeowners. He
also doesn’t believe the town followed proper procedure
in its dealings with Sienna Corporation.
According
to Zerkle, most area residents didn’t become aware of
plans for the tank until informed by Abujbarah during
a neighborhood meeting at the end of July.
Zerkle
reported that the town manager informed neighboring property
owners the tank would be paid for by a developer “farther
up the hill” and would not cost the town a penny, in exchange
for water service provided by Cave Creek Water Company.
“This
is a momentous policy decision, having significant implications
and potential ramifications for the Town’s future,” writes
Zerkle in an Aug. 8 letter to the council. “When was this
policy decision made by the town council and at what duly
noticed and properly agendaed public meeting?”
Francia,
in disagreement with Zerkle’s statements, points out there
were two master water plan public hearings, in addition
to the discussion and approval of design and construction
contracts for water system improvements at the Aug. 20
regular meeting.
“To
say we’re not being transparent is unfair,” the mayor
said.
Zerkle,
however, contends those public hearings aren’t enough
and that more effort should have been put forth to individually
notify residents near the water tank site.
“In
an August 8 letter to the Mayor and Town Council, I pointed
out the number of property owners who will be visually
impacted and affected by this tank far exceed the seven
owners who received the Town Manager’s July 26 notice
... Saying that information about the improvements was
made public at meetings and in documents simply doesn’t
make it so, and it is pretty disingenuous.”
Noting
statements by Abujbarah in The Desert Advocate and other
publications that it’s not the town’s fault if residents
don’t pay attention to council meetings, but that his
staff would attempt to be more inclusive of the public,
Zerkle replied:
“The
sheer arrogance and insensitivity these statements project
toward Town residents and legitimate neighborhood concerns
is almost beyond comprehension. That these statements
are apparently condoned by the Council would seem to mean
it reflects the Council’s position as well.”
Abujbarah
said he had no comment on Zerkle’s statements.
Concerns
about the speed at which tank designs were commissioned
and approved were raised at the Aug. 20 council meeting,
but Francia noted the Cave Creek water system lost pressure
and had to ask Carefree for help three times this past
summer;
therefore, time was of the essence to improve the water
system and increase storage.
According
to area resident Anna Marsolo, a neighborhood meeting
of about 30 people living near the water tank site was
held Aug. 30. Marsolo indicated the group would be drafting
a letter to town council requesting the issue be put on
the agenda for council’s Sept. 17 regular meeting.
