A Sonoran Truth Editorial, February 4, 2014.
Sorchych claims that Adam, Reg, Mike and Charlie are a slate; that these boys conspired to rid the Town of its best manager, Usama Abujbarah. Rumor has it, that those who propounded change in the Town thought all they had to do was cut off the head and the snake of corruption in Cave Creek would die. So Rodney did not clean house and none of the council members voted to get rid of Mariscal Weeks except for Adam. (NB- It was our understanding that Trenk recently filed a motion to change law firms which was voted down 6-1. Councilmen Ernie Bunch sent us the following email:
In the interest of Truth!
| From | ERNIE BUNCH |
| To | editors@sonorantruth.org |
| Date | Today 03:08 PM |
“So Rodney did not clean house and none of the council members voted to get rid of Mariscal Weeks except for Adam.” Please read the Approved Minutes from the March 15th, 2010 Council meeting pursuant to continuing to retain Mariscal Weeks. The decision was made at the February 16th, 2010 meeting. I think you’ll be surprised by what you find. Ernie Bunch
Maybe now Reg, Mike and Charlie will understand how they are getting hood winked by Mariscal Weeks.
Let’s look at the facts:
Mark Stapp acquired a parcel of land AFTER the annexation agreement. In other words, he acquired the property subject to the annexation agreement. Gary Birnbaum of Mariscal Weeks like to talk stupid to Town council members and the public calling the Annexation Agreement, a “contracts” issue. Gary used to be the consigliore for Charlie Keating, the biggest fraud in Arizona. Gary did not attend the settlement mediation. No one from Mariscal Weeks attended the mediation. The Town was represented by their litigator Jeff Murray who is provided by the Town’s insurance carrier, AMRRP.
This whole brouhaha started with the Town of Cave Creek paying for the survey costs to develop a subdivision for Stapp in consideration for an “equestrian trail” to run on Freeman’s easement for the public.
The Sonoran Truth wants to know why the Town’s Director of Planning and Zoning Administrator, Ian Cordwell, and the Town’s Attorneys, Mariscal Weeks offered this option to Stapp when neither the Annexation Agreement nor the Town’s Subdivision Ordinance will allow it?
Clearly Cordwell and Birnbaum are manifesting corrupt incompetence. Stapp’s lawyers are just as bad asking for the Town to breach the Annexation Agreement. Stapp can split his land into three lots. All three lots can use and pay for the Freeman easement. Or Stapp can build a horseman estate on the entire parcel. His property has access via Freeman’s easement. It’s not land locked. He is not precluded from utilizing his property. But the Town cannot breach the Annexation Agreement and the Subdivision Ordinance requires public roads. Stapp’s development deal is DOA.
So why all the Sorchych inspired drama? The Town doesn’t get a horse trail as part of a lot split or a single family residence. To exact a horse trail for a lot split or single family residence, the Town would have to comply with A.R.S. §§ 9-500.12 and 9-500.13. Although other cities and towns in Arizona have passed ordinances offering specific instruction on how the city complies with A.R.S. §§ 9-500.12 and 9-500.13, Mariscal Weeks has offered no such advice to Cave Creek. Town Council members are clueless as to what it means to keep an oath of office to support the Constitution. Town employees are equally myopic.
What the Town wanted was to violate Freeman’s constitutionally protected rights to property and due process. It then turned it into a circus to obfuscate their theft of Freeman’s quiet use and enjoyment of his property—the Town wanted to saddle Freeman with liability. If anyone got hurt on his easement, the liability would inure to Freeman—not the Town of Cave Creek.
If Birnbaum were an honest man, this is what he would have told the audience on Monday night. But Birnbaum isn’t honest. He devised these schemes for Usama which is why he’s dragging his feet prosecuting the Town’s lawsuit against it’s former Town Manager. Cave Creek has a coyote in charge of the hen house. Perhaps it’s time for Town Council to wake up and find a new law firm.
Editor’s comment: We appreciate Councilmen Bunch reading and correcting our editorial but there remains unanswered questions. Surely there has been a vote to retain Mariscal Weeks since 2010> what was the outcome / opinion of that vote? Why is Pontrelli gone and Bisman (Dismal) in her place? Ernie’s objection was economic. Our objection is ethical which ultimately creates economic hardship to the Town. It seems like Mariscal Weeks screws up creating litigation which turns on the cash register for Sims Murray, and there is insufficient supervision or competence among town staff or council to cry foul.