CAVE
CREEK – Discussion over whether or not to support the
drilling of a well in Desert Hills turned into a terse
back‑and‑forth between Councilwoman Grace
Meeth and Mayor Vincent Francia over the town manager’s
role and whether he exceeded his authority.
The
issue in question is a utility agreement between Cave
Creek and Desert Hills Ranch, LLC, to
provide water to a proposed 75‑acre, 51‑home
subdivision south of Carefree Highway around 14th Street.
Utilities
Manager Jessica Marlow informed town council no new subdivisions
would be permitted to hook onto the Desert Hills water
system unless they brought their own water. She also noted
that the town would be paying to drill a larger well than
needed in order to put more water into the Desert Hills
system to make up for the coming disconnect from the Anthem
water system by the end of this year.
Councilman
Dick Esser asked what the criteria was for this kind of
agreement, and if this wasn’t a little premature, since
council’s packets included no plat or development agreement.
Town
Manager Usama Abujbarah said the developer needs this
agreement from the town in order to proceed with development
through Maricopa County, as the proposed project is outside
the town’s border.
“The
town will pay after the development produces what it needs,”
said Abujbarah.
According
to town staff, Cave Creek would have to pay around $192,000
for each phase of the two‑phase project, or an estimated
total of $384,000.
“We’re
way out front on this process,” replied Esser. “The mayor
is going to sign an agreement and make commitments. Who
is going to own the facilities?”
Town
Attorney Cliff Mattice replied the town would take possession
of the well and its associated facilities once the structure
is built and passes inspection.
Abujbarah
added the town is not committed to do anything up front,
and that the monetary obligation only would kick in once
the well begins providing more water than is needed for
the development.
Esser
stated that it sounded like the town is going to finance
a developer outside its boundaries to help them tap a
town aquifer to meet their own needs. “I thought we were
trying to avoid that,” he said.
Abujbarah
and Marlow informed Esser that Desert Hills taps a different
aquifer than Cave
Creek Water Company. All aquifers are regulated by the
Arizona Department of Water Resources. The Desert Hills
area has 1,900 acre feet of groundwater allocated to it,
and the town is obligated to provide water service to
that area.
“That
wasn’t in the (agenda packet); that’s my point,” said
Esser.
After
comments from the public and other council members, Meeth
went back to Esser’s remarks about the lack of details
in the council agenda packets.
“This
should be talked about as a policy decision. This is way
premature,” she said. “This is an awful lot of money to
invest right now. We need to talk about this as a water
company.”
Francia
told Meeth to ask her questions, as this was the forum
to do it in–to which Meeth replied it wasn’t.
“This
is an accusation,” Francia stated.
“Stuff
is going on behind the scenes. We’re all getting our information
from staff individually. If you read the cost share, it’s
phenomenal,” Meeth said. “To me, we needed a workshop
on this.”
Francia
once again insisted the present council meeting was the
proper forum for her questions, but Meeth again said the
work already had been done without anyone being publicly
notified.
“Why
are you doing development agreements without public notice?”
Meeth asked Abujbarah at that point. “The town manager
is in charge of the staff. The council is in charge of
policy.”
Francia
reminded Meeth that Cave Creek operates under a town manager
form of government, to which Meeth responded: “But it
comes to council as a done deal.”
“We’re
the ones who make the deal,” said Francia.
“Not
as a fait accompli,” Meeth responded, using the legal
term meaning “after the fact.”
Francia
continued insisting Meeth was mistaken about the process,
to which she replied Abujbarah had overreached his authority
and was in council’s “arena.”
Councilman
Tom McGuire defended Abujbarah, stating he and town staff
were doing the jobs they were hired to do and that Arizona’s
Sunshine Laws prevent the kinds of updates Meeth seemed
to be looking for.
After
the meeting, Meeth told The Desert Advocate that McGuire
is mistaken and that the way to keep everyone informed
is through public meetings. “That’s why the Sunshine Laws
were written.”
Both
councilmen Gilbert Lopez and Ernie Bunch defended Abujbarah
and the process during the meeting.
“We
gave (Abujbarah) the right to do this,” said Bunch.
Abujbarah’s
only reply was that Meeth is “confused,” and that her
experience is limited to issues “within the town’s jurisdiction.”
“The
water master plan is clear about the future of the Desert
Hills Water Company,” said Abujbarah.
Esser
was given assurance by Abujbarah the town wouldn’t get
stuck paying for everything should the developer go belly
up, and the motion to enter into the utility agreement
passed 6‑1, with Meeth dissenting.
