HomeMy WebLinkAboutWS6-14-05 and R6-16-05Document in 6-16-05.obd Page 1 of 1
NOTICE OF THE EXECUTIVE AND
WORK STUDY SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilwoman Keith McMahan
Councilman John Kavanagh Vice Mayor Kathleen Nicola (6/6/02 – 5-19-05)
Councilman Ed Kehe Councilman Jay Schlum
TIME: 4:30 – 5:00 P.M. - EXECUTIVE SESSION
5:00 – 7:00 P.M. - WORK STUDY SESSION
WHEN: TUESDAY, JUNE 14, 2005
WHERE: FOUNTAIN HILLS COMMUNITY CENTER, BALLROOM 2
13001 E LA MONTANA BOULEVARD
(Executive Session will be held in the Community Center Art Room#1)
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431-03.A.1,
For discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal,
salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except
that, with the exception of salary discussions, an officer, appointee or employee may demand that the
discussion or consideration occur at a public meting. The public body shall provide the officer, appointee or
employee with written notice of the executive session as is appropriate but not less than twenty-four hours
for the officer, appointee or employee to determine whether the discussion or consideration should occur at a
public meeting. (Specifically, interviewing the Board of Adjustment candidate.)
2. RETURN TO REGULAR SESSION
ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary
purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects.
Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate
circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the
Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations.
1.) CALL TO ORDER AND ROLL CALL – Mayor Nichols
2.) DISCUSSION of the proposed Town of Fountain Hills’ 20-year Capital Improvement
Project Plan.
3.) ADJOURNMENT.
DATED this 10th day of June, 2005.
By: Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939
(TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to obtain agenda information in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s office.
Document in 6-16-05.obd Page 1 of 3 Last printed 6/9/2005 10:54 AM
NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh Vice Mayor Kathleen Nicola (6/6/02 – 5-19-05)
Councilman Ed Kehe Councilman Jay Schlum
DATE: THURSDAY, JUNE 16, 2005
TIME: 6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state
their name prior to commenting and to direct their comments to the Presiding Officer and not to
individual Council Members. Speakers’ statements should not be repetitive. If a speaker chooses
not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak
on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer
any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may
be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours
prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or
during a Meeting. Please be respectful when making your comments. If you do not comply with
these rules, you will be asked to leave.
Document in 6-16-05.obd Page 1 of 3 Last printed 6/9/2005 10:54 AM
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Mark Derksen, Faith Mountain Christian Center
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) The Mayor will introduce Arizona Attorney General Terry Goddard, who will
speak on how his role affects Fountain Hills.
(ii) The Mayor will transfer the Vice Mayor nameplate to Councilman Jay Schlum
who will serve through May 2006.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The
Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are property noticed for
discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii)
ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
*CONSENT AGENDA
*1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from June 2, 2005.
*2.) CONSIDERATION of approving the ANNUAL MEDIAN LANDSCAPE MAINTENANCE
CONTRACT (PW 2005-01) in the amount of $232,898 and awarding the contract to The
Groundskeeper.
*3.) CONSIDERATION of approving a contract with Mariposa Horticultural Enterprises, Inc. for the
ANNUAL LANDSCAPE CONTRACT (2005-01) in the amount of $278,750.
*4.) CONSIDERATION of approving an FIRST AMENDMENT to the annual landscaping contract, with
respect to the tree trimming only, with ValleyCrest Landscape Maintenance, Inc., in the amount of
$18,498.19.
*5.) CONSIDERATION of approving a CONTRACT with sales tax auditor, Al Holler and Associates,
for the period July 1, 2005, through June 30, 2008.
*6.) CONSIDERATION of WAIVING the hillside disturbance requirements for gravity sewer laterals
at 15837 and 15841 Tepee Drive as requested by the Fountain Hills Sanitary District.
REGULAR AGENDA
7.) CONSIDERATION of APPOINTING a citizen to fill the remaining term vacancy on the Community
Center Advisory Commission, which runs through December 2006.
8.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
9.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for
action or (ii) directing staff to conduct further research and report back to the Council:
A. Requested by Councilman Kavanagh - Placing the item of fractional ownership on a future
agenda for action.
10.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
Document in 6-16-05.obd Page 1 of 3 Last printed 6/9/2005 10:54 AM
11.) ADJOURNMENT.
DATED this 10th day of June, 2005
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-
800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda
information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review
in the Clerk’s office.
DRAFT
Document in 6-16-05.obd Page 1 of 1
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 6/16/05
Submitting Department: Admin Contact Person: Bender
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Draft Minutes
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Consideration of approving the Town Council Meeting Minutes from June 2,
2005.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: To approve the meeting minutes for archival purposes.
List All Attachments as Follows: Draft minutes
Type(s) of Presentation: none
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review (if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: June 16, 2005
Submitting Department: Parks and Rec / Public Works Contact Person: Mark Mayer / Tom
Ward
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Contract
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Consideration of Approving a contract with Mariposa Horticultural Enterprises, Inc.
for the ANNUAL LANDSCAPE CONTRACT (2005-01) in the amount of $278,750.
Staff Recommendation: Approve Fiscal Impact: Yes $278,750 overall
Purpose of Item and Background Information: A number of years ago the Town's Public Works and Parks
and Recreation Department combined with the Fountain Hills Unified School District #98 to jointly bid the
maintenance of their respective grounds as a means to foster lower costs. Due to repeated performance and
billing problems, the Town and FHUSD decided not to renew the contract, except for tree trimming, and rebid.
Three bids were received and opened on June 1, 2005. The lowest bid was from Mariposa Horticultural
Enterprises, Inc. Work performed under the contract will be in three major areas including: mowing, landscape
maintenance, and overseeding. The initial contract is for one year and is renewable for up to four additional years
on July 1 by agreement between the parties with an increase each year based on the Consumer Price Index.
The FHUSD is scheduled to consider acceptance of the bid with Maricopa Horticultural Enterprises, Inc. at its
June 22 meeting. A copy of the contract is available in the Town Clerk office for review.
List All Attachments as Follows: Bid Tabulation Sheets
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Annual Landscape Contract
Bid Opening - Bid #2005-01
June 1, 2005 at 1:00 p.m.
Contractor Bid Form Bid Schedule Section I - Mowing & Landscape Maintenance Section II - Palm Tree Trimming Section III - Over-seeding Total Contract Bid Worksheet Bid Bond or Cashier's Check List of Subcontractors Bidder's Project References Mariposa Horticulture Yes Yes $208,274.98 $17,250.00 $53,225.02 $278,750.00 Yes Bond Yes Yes
Nichols & Sons Yes Yes $262,759.00 $20,202.00 $86,712.00 $369,673.00 Yes Check Yes Yes
Groundskeeper Yes Yes $797,926.00 $18,270.00 $188,235.00 $1,004,431.00 Yes Bond Yes Yes
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: June 16, 2005
Submitting Department: Parks and Recreation Contact Person: Mark C. Mayer
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Amendment to Contract
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of approving a FIRST AMENDMENT to the ANNUAL
LANDSCAPING CONTRACT with respect to tree trimming only with ValleyCrest Landscape Maintenance,
Inc. in the amount of $18,498.29.
Staff Recommendation: Approve Fiscal Impact: Yes $18,498.29
Purpose of Item and Background Information: The Park and Recreation Department wishes to continue the
contract with ValleyCrest Landscape Maintenance, Inc. as allowed under the contract with an increase to the
contract based on the Consumer Price Index of 2.7 %. The remainder of the contract has been cancelled with
another contractor due to performance and billing problems, and that portion of work was rebid.
List All Attachments as Follows: FIRST AMENDMENT to the ANNUAL LANDSCAPING CONTRACT
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
page 1 of 3
CONSULTING AGREEMENT
This Agreement is made effective as of July 01, 2005, by and between Town of Fountain Hills, of
16836 E. Palisades Blvd. Bldg. A, Fountain Hills, AZ 85269, and Albert Holler & Associates, of
4607 E Collinwood Drive, Gilbert, AZ 85297-4013.
In this Agreement, the party who is contracting to receive services shall be referred to as "Town",
and the party who will be providing the services shall be referred to as "Consultant".
Consultant has a background in sales tax auditing and is willing to provide services to Town based
on this background.
Consultant and Town have previously contracted for sales tax auditing services and that Agreement
expires on June 30, 2005.
Town desires to continue services provided by Consultant at the same rate of compensation under
the terms and conditions set forth below.
Therefore, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on July 01, 2005, Consultant will provide the
following services (collectively, the "Services"): Select and complete sales, use, and franchise fee
audits. Provide taxpayer assistance as requested and provide monthly reports on the results.
2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed
and the specific hours to be worked by Consultant shall be determined by Consultant. Town will
rely on Consultant to work as many hours as may be reasonably necessary to fulfill Consultant's
obligations under this Agreement.
3. PAYMENT. Town will pay a fee to Consultant for the Services in the amount of $2,000.00 per
month. This fee shall be payable monthly, no later than the fifteenth day of the month following the
period during which the Services were performed.
4. EXPENSE REIMBURSEMENT. Consultant shall be entitled to reimbursement from Town
for the following "out-of-pocket" expenses: travel to out of state only.
5. SUPPORT SERVICES. Town will provide the following support services for the benefit of
Consultant: office space, mail, and photocopying.
6. TERM/TERMINATION. This Agreement shall terminate automatically on June 30, 2008.
7. RELATIONSHIP OF PARTIES. It is understood by the parties that Consultant is an
independent contractor with respect to Town, and not an employee of Town. Town will not provide
fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit,
for the benefit of Consultant.
page 2 of 3
8. INJURIES. Consultant acknowledges Consultant's obligation to obtain appropriate insurance
coverage for the benefit of Consultant (and Consultant's employees, if any). Consultant waives
any rights to recovery from Town for any injuries that Consultant (and/or Consultant's employees)
may sustain while performing services under this Agreement and that are a result of the negligence
of Consultant or Consultant's employees.
9. ASSIGNMENT. Consultant's obligations under this Agreement may not be assigned or
transferred to any other person, firm, or corporation without the prior written consent of Town.
10. CONFIDENTIALITY. Town recognizes that Consultant has and will have the following
information:
- sales tax information
and other proprietary information (collectively, "Information") which are valuable, special and
unique assets of Town of Fountain Hills and need to be protected from improper disclosure. In
consideration for the disclosure of the Information, Consultant agrees that Consultant will not at
any time or in any manner, either directly or indirectly, use any Information for Consultant's own
benefit, or divulge, disclose, or communicate in any manner any Information to any third party
without the prior written consent of Town. Consultant will protect the Information and treat it as
strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
11. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this
Agreement shall remain in full force and effect after the termination of this Agreement.
12. RETURN OF RECORDS. Upon termination of this Agreement, Consultant shall deliver all
records, notes, data, memoranda, models, and equipment of any nature that are in Consultant's
possession or under Consultant's control and that are Town's property or relate to Town's business.
13. NOTICES. All notices required or permitted under this Agreement shall be in writing and
shall be deemed delivered when delivered in person or deposited in the United States mail, postage
prepaid, addressed as follows:
IF for Town:
Town of Fountain Hills
Julie Ghetti, Accounting Supervisor
16836 E. Palisades Blvd. Bldg. A
Fountain Hills, AZ 85269
IF for Consultant:
Albert Holler & Associates
Albert Holler, Owner
4607 E Collinwood Drive
Gilbert, AZ 85297-4013
Such address may be changed from time to time by either party by providing written notice to the
other in the manner set forth above.
page 3 of 3
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and
there are no other promises or conditions in any other agreement whether oral or written. This
Agreement supersedes any prior written or oral agreements between the parties.
15. AMENDMENT. This Agreement may be modified or amended if the amendment is made in
writing and is signed by both parties.
16. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of this Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then such provision shall be
deemed to be written, construed, and enforced as so limited.
17. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that party's right to
subsequently enforce and compel strict compliance with every provision of this Agreement.
18. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of AZ.
Party receiving services:
Town of Fountain Hills
By: ____________________________________________________
Tim Pickering
Town Manager
Party providing services:
Albert Holler & Associates
By: ____________________________________________________
Albert Holler
Owner
Z:\Council Packets\2005\R6-16-05\Regular Session 6-16-05.doc Page 1 of 3 Last printed 6/9/2005 11:04 AM
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Mark Derksen, Faith Mountain Christian Center
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) The Mayor will introduce Arizona Attorney General Terry Goddard, who will
speak on how his role affects Fountain Hills.
(ii) The Mayor will transfer the Vice Mayor nameplate to Councilman Jay Schlum
who will serve through May 2006.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such
comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The
Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are property noticed for
discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii)
ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
*CONSENT AGENDA
*1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from June 2, 2005.
*2.) CONSIDERATION of approving the ANNUAL MEDIAN LANDSCAPE MAINTENANCE
CONTRACT (PW 2005-01) in the amount of $232,898 and awarding the contract to The
Groundskeeper.
*3.) CONSIDERATION of approving a contract with Mariposa Horticultural Enterprises, Inc. for the
ANNUAL LANDSCAPE CONTRACT (2005-01) in the amount of $278,750.
*4.) CONSIDERATION of approving an FIRST AMENDMENT to the annual landscaping contract, with
respect to the tree trimming only, with ValleyCrest Landscape Maintenance, Inc., in the amount of
$18,498.19.
*5.) CONSIDERATION of approving a CONTRACT with sales tax auditor, Al Holler and Associates, for
the period July 1, 2005, through June 30, 2008.
*6.) CONSIDERATION of WAIVING the hillside disturbance requirements for gravity sewer laterals at 15837 and 15841 Tepee Drive as requested by the Fountain Hills Sanitary District.
REGULAR AGENDA
7.) CONSIDERATION of APPOINTING a citizen to fill the remaining term vacancy on the Community
Center Advisory Commission, which runs through December 2006.
8.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
9.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for
action or (ii) directing staff to conduct further research and report back to the Council:
A. Requested by Councilman Kavanagh - Placing the item of fractional ownership on a future
agenda for action.
10.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
11.) ADJOURNMENT.
DATED this 10th day of June, 2005
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-
800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda
information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review
in the Clerk’s office.
Z:\Council Packets\2005\R6-16-05\Regular Session 6-16-05.doc Page 1 of 3 Last printed 6/9/2005 11:04 AM