HomeMy WebLinkAbout2010.0617.TCSRM.Minutesz:\council packets\2010\r8-5-10\100617m.docx Page 1 of 16
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
June 17, 2010
SPECIAL SESSION
* CALL TO ORDER
Mayor Schlum called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers.
* ROLL CALL
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember
Contino, Councilmember Leger, Vice Mayor Brown, Councilmember Hansen, Councilmember Elkie and Councilmember
Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present.
AGENDA
AGENDA ITEM #1 – CONSIDERATION OF ORDINANCE 10-02, AMENDING THE TOWN TAX CODE BY
INCREASING THE TAX RATE ON TRANSIENT LODGING; PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; PROVIDING FOR SEVERABILITY, MAKING PROVISION FOR EXISTING
CONTRACTS; AND DESIGNATING AN EFFECTIVE DATE.
Deputy Town Manager Julie Ghetti addressed the Council relative to this agenda item and stated that over the last several
months a committee was formed to review funding for the community contracts that included tourism, the Boys & Girls
Club of Scottsdale, the Fountain Hills Community Theater and Extended Hands Food Bank. She advised that one of the
proposals was to increase the Transient Lodging (Bed Tax) Tax to 5% from the existing 3% with the additional funds used
to fund tourism. She stated that Ordinance 10-02 would approve this recommendation. She noted that tax confidentiality
regulations prohibited discussing the amount of potential revenue that could be generated as a result of this increase and
added that staff had incorporated the proposed increase into the General Fund budget, however, if the Council desired to
make changes to the tax rate, the difference would be absorbed within the General Fund contingency line item. She said
that the committee recommends approval of Ordinance 10-02.
Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item.
Councilmember Elkie asked whether this particular increase would only affect the funds that would go to the Chamber
and Ms. Ghetti explained that the monies would go into the General Fund to help fund tourism. She added that when the
monies went into the General Fund, then funds could be appropriated for tourism, but they were not specifically sent right
over for tourism.
Mayor Schlum advised that quite a bit of discussion had taken place regarding the Bed Tax and how it was done in some
places versus others and it would go into the General Fund and at this point the monies were not specifically tied to
anything.
Councilmember Dickey noted that some of the discussion among the subcommittee had to do with raising certain taxes
that would immediately go to the contracts and there was no support from the Council at that time to do that in a dedicated
way. She added that the contracts would come before the Council like an amendment or a continuation for one year so at
this point, knowing that they had revenue challenges, the Council said they might be able to support some revenue
enhancements if the monies went into the General Fund for the good of the future and not just for one specific thing. She
said that the entities might not exist in the same way or be the same ones after this coming year.
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Councilmember Leger advised that he had received several e-mails from the public and to clarify this issue he would like
Ms. Ghetti to explain why the funds were not going into a tourism fund. Ms. Ghetti complied with Councilmember
Leger's request and explained that if the Town dedicated the specific Bed Tax to a specific use, because they had less than
ten taxpayers in this category, they would never be able to disclose how much revenue was generated from the Bed Tax so
that was why it was included in the General Fund. She added that she believed it would be a felony to disclose how much
revenue was generated as a result of the Bed Tax (disclosing taxpayer information).
Councilmember Leger thanked Ms. Ghetti for her explanation of why the funds would go into the General Fund as it had
in past years, due to legal consequences.
Councilmember Hansen asked if this item did not pass whether the contracts listed on the agenda would be able to move
forward; Ms. Ghetti replied that if they did not pass staff would take the funding out of the General Fund and then the
funds would come out of the Contingency Fund.
Mayor Schlum asked where the increase (3% to 5%) would leave the Town as far as an overall sales tax being paid by the
hotel owners (compared to other municipalities) and Ms. Ghetti said taking into account all of the taxes in the State that
the hotel owners paid, Fountain Hills would be the highest at 15.87% (with Cave Creek being second at 15.27%). Ms.
Ghetti confirmed that the City of Scottsdale increased their Bed Tax by 2% for a total tax impact of 14.92% because they
have a 1.5% tax rate and the Town has it at 2.6%.
Mayor Schlum commented on the fact that if they approved the increase, the difference in the Town's tax versus
Scottsdale's tax would remain the same as it has been. He added that no one on the Council was excited about being the
highest but stated that they all understood the challenges they were facing as far as revenues. He also stressed the
importance of generating revenues to fund various things including tourism. He further stated that they did not want to
place the hotels in a detrimental situation and wanted them to be able to remain competitive as they were today. He
explained that other communities had other ways of funding things, such as through a property tax and other fees, and that
remained the challenge. He requested input from the Council.
Councilmember Leger referred to a chart that was provided to the Council (Copy of the presentation on file in the Town
Clerk’s office) and said that it did include the temporary State tax and so as far as the sensitivity that surrounded the
15.87%, they had to keep in mind that the State tax (1%) was temporary (3 years) and would move many people under the
15.87% level. He noted that other communities were contemplating increasing their Bed Tax as well.
Councilmember Dickey stated that the subcommittee that brought the recommendations forward also wanted the Town to
raise beverage and food taxes, etc. She said that there were a total of three recommendations for increases and the
Council had narrowed it down to this one because it related to tourism. She commented on the long term problems that
they were facing, like transportation, and said that the tax would help them along the way. She added that if the rate went
up by 1.3% instead of 2% she would consider it and that would keep the Town's rate under that of Cave Creek. She stated
that she would like to know whether people were aware of the fact that Cave Creek had been the highest for a long time
and whether that has had any impacts (have people changed their plans to travel?).
Vice Mayor Brown pointed out that it was not a great deal of revenue and that he personally did not feel that an extra
penny or two was going to keep anyone from coming to Fountain Hills, staying in one of their fine hotels and enjoying the
Fountain. He noted that a major issue was the length of the time that the Fountain ran and somehow they had massaged
their budget so they could run the Fountain full time and perhaps if they went with the 2% increase they could look at
some monies in the General Fund and be able to allocate it without wringing every penny out of every corner to run the
Fountain. He said that he saw a lot of benefit in raising the tax by 2%. He further stated that at the time they were
looking for additional revenue, even though it had not come into effect yet, they did not hesitate to raise the development
fee by a 7-0 vote. He emphasized that it was all about finding enough money to run Fountain Hills and so he fully
supported this recommendation from the subcommittee.
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Mayor Schlum thanked the Council for their input and advised that the Council had considered some increases and had
said no as much as they could (franchise fees, increasing the restaurant/bar fees, etc.). He stated that they said no to most
of the increases but they still needed to find avenues to generate revenue in order to properly run the Town and keep it the
wonderful place to live, visit and play in that it was today. He added that the Town's fee schedule remained pretty much
flat and they had talked a lot about Home Delivered Meals and agreed to a very modest increase (accepted the
recommendation of the Senior Services Commission) and the Town had gone through some dramatic cost reductions as
well. He noted that although the proposal might not amount to a great deal of revenue, it was a long-term solution and
because of the modest base that they would collect it from, laws prohibited them from discussing the dollar amount.
Councilmember Elkie agreed that they were talking about a modest base (those who would be impacted) and said that he
believed it was going to have an impact on the community as far as getting people to visit. He added that they wanted to
encourage people to come to Town and he always had concerns when they talked about raising taxes because once you
did that they rarely came back down again. He advised that if they were inclined to increase the fee, he would be more
comfortable with one half of a percent and stated that perhaps the Council could revisit this issue again next year. He said
that down the road he did not envision the increase being decreased so again he would be more comfortable with a one
half of one percent increase at this time.
Councilmember Leger stated that currently at 3% the average cost of a room per night was approximately $75.00 and 3%
would come out to $10.40 a night while 5% would amount to $11.90 a night, so they were talking a $1.56 difference. He
expressed the opinion that it was important to put this into perspective and advised that when he traveled and looked at the
tax on his hotel bills he was usually shocked but it did not prevent him from going someplace. He added that people often
compare Fountain Hills to Scottsdale and say they want to be competitive with that community because it was the Town's
main competition. He noted that the Town has been higher than Scottsdale historically and with the increase that would
remain the same. He discussed room rate comparisons between the Town and Scottsdale and noted that the rates would
still be higher in Scottsdale. He agreed that they did not necessarily want to be the highest number on the chart but
wanted to offer another perspective.
Mayor Schlum said it was tough time economy wise and advised that Copperwynd remained open, still had guests and
was serving food. He added that the Council was a great supporter of tourism in Town and that was why they had spent
so much time and had considerable dialogue on this issue. He commented on the fact that the State's 1% tax was
temporary and so that would drop by 1% in three years.
Mayor Schlum MOVED to increase the Transient Lodging Tax (Bed Tax) by 1% (3% to 4%) and Councilmember
Hansen SECONDED the motion.
Councilmember Dickey MOVED to amend the motion to increase the Transient Lodging Tax (Bed Tax) by 1.3% (3% to
4.3%) and Councilmember Leger SECONDED the motion.
Mayor Schlum requested a vote on the amended motion and a roll call vote was taken with the following results:
Councilmember Contino Nay
Councilmember Hansen Nay
Councilmember Leger Aye
Councilmember Dickey Aye
Councilmember Elkie Nay
Vice Mayor Brown Aye
Mayor Schlum Nay
The motion FAILED for lack of a majority vote (3-4).
The Mayor then requested a vote on the main motion.
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Councilmember Elkie MOVED to amend the main motion to increase the Transient Lodging Tax (Bed Tax) to one half of
1% and the motion FAILED for lack of a second.
Councilmember Hansen pointed out that with a 1% increase, the Town would still be under Scottsdale's rate. She added
that they had received correspondence from the Chamber of Commerce on behalf of the hotel industry and they had
suggested that the Council go with a 1% increase.
Councilmember Dickey said if they went below the original recommendation, it was suggested that the funding come
from the Contingency Fund and she just wanted to state that if she voted yes on the main motion, it did not mean that she
would vote yes on the use of Contingency Funds for any of the contracts.
There being no further discussion, the Mayor requested a vote on the main motion (a 1% increase).
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #2 – CONSIDERATION OF RESOLUTION 2010-16, ADOPTING THE AMENDED AND
RESTATED TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES, REDUCING THE ALLOCATION OF
CONSTRUCTION SALES TAX TO CAPITAL PROJECTS FROM 85% TO 50%.
Ms. Ghetti advised that a committee was formed to look at all of the community contracts including the Boys & Girls
Club, the Community Theater, Tourism and the Extended Hands Food Bank. She advised that another recommendation
was to decrease the allocation of construction sales tax to capital projects from 85% to 50%. She advised that this
requires a resolution to amend the Town's financial policies and added that staff had already incorporated the proposed
increase into the General Fund budget but noted that if it was the Council's desire to make changes to the transfer
percentages, the monies would be absorbed into the Contingency Fund budget. She stated that in this case they were not
bound by any confidentiality statute and the difference would amount to approximately $48,000.
Mayor Schlum thanked Ms. Ghetti for her presentation.
Councilmember Leger MOVED to approve Resolution 2010-16, amending the Town's financial policy to decrease the
allocation of construction sales tax and redirect it to the Capital Projects Fund from 85% to 50% to fund community
projects for FY 2010-11 and Vice Mayor Brown SECONDED the motion.
Councilmember Dickey noted that the motion, as written, was to fund community projects and said that was not the only
purpose.
Discussion ensued relative to the language contained in the current motion and Town Attorney Andrew McGuire advised
that if the motion was restated to reflect the intent, there was no need for an amended motion.
Councilmember Leger restated the MOTION to approve Resolution 2010-16, amending the Town's financial policy to
decrease the allocation of construction sales tax and redirect it to the Capital Projects Fund from 85% to 50% and Vice
Mayor Brown SECONDED the restated motion.
Ms. Bender advised that there were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #3 – PUBLIC HEARING REGARDING RESOLUTION 2010-23, ADOPTING THE
TENTATIVE BUDGET AS THE FINAL BUDGET FOR THE 2010-11 FISCAL YEAR BUDGET FOR THE
TOWN OF FOUNTAIN HILLS.
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Mayor Schlum declared the public hearing open at 7:02 p.m.
Accounting Supervisor Mary Martin addressed the Council relative to this agenda item and said that this item was the
continued public hearing on the proposed budget for Fiscal Year 2010-11. She advised that staff was present to address
any questions the Councilmembers might have.
Mayor Schlum thanked Ms. Martin and said that they had just talked about changing one of the revenue items from a 2%
to a 1% decrease and asked for staff to comment on this.
Ms. Martin stated that there were funds in the budgeted Contingency area that would deal with the item.
Mayor Schlum noted that they were still in the public hearing portion of the item and a motion was not appropriate at this
time.
The Mayor asked if there were any citizens who wished to speak and Ms. Bender advised that there were not.
Mayor Schlum declared the public hearing closed at 7:03 p.m.
AGENDA ITEM #4 – CONSIDERATION OF RESOLUTION 2010-23, ADOPTING THE TENTATIVE BUDGET
AS THE FINAL BUDGET FOR THE 2010-11 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN
HILLS.
Councilmember Dickey MOVED to approve Resolution 2010-23, adopting the Tentative Budget as the Final Budget for
the 2010-11 Fiscal Year Budget for the Town of Fountain Hills and Vice Mayor Brown SECONDED the motion.
There were no citizens wishing to speak on this item.
The Mayor noted that they were about to vote on the proposed budget that they had discussed for a couple of months and
asked if there were any additional questions at this time.
Councilmember Dickey asked when would be the appropriate time to bring up the fact that instead of taking the monies
needed due to the change in Item #1 from the Contingency Fund that they take it from somewhere else or could she
approve this now without indicating that she supported taking the entire amount out of Contingency (address that at a
future time).
Mayor Schlum stated that when items come before the Council they would have an opportunity to provide direction but
added that she should feel free to talk about it at this time as well if that was her desire.
Councilmember Dickey said that she would support it at this time based on the fact that the items would come back before
the Council and said perhaps the economy would improve and there might be chances to make it up or make some
changes without having to take it from Contingency Funds.
Councilmember Hansen said she knew that staff was transitioning into a different format for the budget but stated that she
did have some concerns that they were losing something in that process. She noted that they used to receive detailed
pages but now they were only getting detailed pages on departments and not divisions and she felt it very beneficial to
have the old line page because it provided a five-year history and made it easy to go back and see how they have done in
the past. She added that she knew they had new software but it would be nice as they moved forward to still create that
same type of report that provided some historical perspective. She referred to Page 278 of the Budget under the
Municipal Property Corporation and said it showed the expenditures and the debt service and noted that in previous years
those were broken out for each bond, which made it very clear what the balance was in each of those funds. She further
stated that as they moved forward with the new system the numbers were being shown as principle, interest and
administration fees but it was combining all of the other line items in one amount so they no longer could see the actual
detail. She added that it was great to show principle and interest but if they could also show it broken down for each of
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the bonds that would give the Council a better idea of what it was. She advised that she was struggling with the lack of
detail and believed that others would too, because two years from now 2006-07 would have dropped off.
Mayor Schlum commented that he could see what Councilmember Hansen was referring to and asked Ms. Martin to
provide some input on the concerns expressed by Councilmember Hansen.
Ms. Martin stated that there were two different issues that were being presented -- on the issue of the bonding being
broken out differently than it was in the past, that was due to the fact that a few years ago the Town went to a refunding of
those bonds so instead of having those bonds individually priced now they were rolled into a package and there was only
one principle and interest payment.
Councilmember Hansen asked if there was a way to add some additional language in the budget so that the Council and
everyone who reviewed it could see a breakdown.
Ms. Martin responded that the only breakdown that existed was the one principle and interest amount.
Mayor Schlum stated that perhaps they could simply have some language that said "FY 2008-09 refinanced into one
package and now accumulated debt was accounted for differently." He added that perhaps that was not the best example
and it was difficult to compare anymore because they were apples to oranges since other costs were included in the
programs.
Councilmember Hansen advised that she understood that but said that it was difficult because items were being "clumped"
and anyone wanting to do some research would have to go to a number of places to come up with the answers. She added
that the process had become cumbersome.
Ms. Martin informed the Council that one of the challenges that staff was facing was that up until a few years ago they
had budgeted at the department level so there was no way to get detail below the department level so if someone wanted
to know how much the Code Enforcement component and Zoning was, they could not tell because they were just included
in line items for the Planning & Zoning Department. She noted that Administration was one department and if someone
wanted to know what the component Town Clerk cost, there was no way to tell. She advised that that was the difficulty
they had going forward -- beyond two and a half years ago everything was budgeted at the department level and in order
to maintain a history they had to start at the department level (to get history that went back five years). She pointed out
that the last two years staff has been able to provide more detailed history but they could only go back two years. She
added that hopefully in a few years, as they built more history, the budget process would become more transparent.
Mayor Schlum said that he liked more detail and said for example that the budget no longer contained one number for
postage, it was allocated to each department on an agreed upon amount. He stated that they were getting more detail but
they no longer had the years of history to compare numbers against. He noted that if they did not change anything again
they were happy with how they were accounting for things and each year they would be able to track more in a cyclical
fashion.
Ms. Martin commented that that was staff's hope.
Mayor Schlum thanked staff for their input and the Council for their excellent dialogue and comments.
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A roll call vote was taken with the following results:
Councilmember Elkie Aye
Councilmember Hansen Aye
Councilmember Contino Aye
Councilmember Leger Aye
Vice Mayor Brown Aye
Councilmember Dickey Aye
Mayor Schlum Aye
The motion CARRIED UNANIMOUSLY (7-0).
Mayor Schlum added that he would like to thank the Commissions, staff, and the Executive Budget Committee for their
hard work and dedication and also expressed appreciation to the residents for their excellent input. He noted that they had
put together a budget during a time when revenues were so dramatically decreased and maintaining the quality of life that
existed in Town was quite a struggle. He added that they have had to say goodbye to quite a number of staff members
during this struggle so it had been very challenging and difficult but he appreciated everyone's efforts to work together for
the good of the Town. He said that he believed they had a budget that they could be proud of and it would help them get
through the next year until they faced it again.
AGENDA ITEM #5 – ADJOURN THE SPECIAL SESSION AND CONVENE THE REGULAR SESSION.
Councilmember Elkie MOVED that the Council adjourn the Special Session and convene the Regular Session and
Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at
7:14 p.m.
REGULAR SESSION AGENDA
CALL THE REGULAR SESSION TO ORDER
Mayor Schlum called the Regular Session to order at 7:14 p.m. in the Town Hall Council Chambers.
ROLL CALL
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember
Contino, Councilmember Leger, Vice Mayor Brown, Councilmember Hansen, Councilmember Elkie and Councilmember
Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present.
● INVOCATION by Mayor Jay T. Schlum.
● MAYOR’S REPORT
(i) The Mayor will read a proclamation declaring July as Park and Recreation Month.
Mayor Schlum read a proclamation declaring July as Park & Recreation Month in the Town and stated that their programs
represent an integral part of the community as well as the country. He stressed the importance of Parks & Recreation
programs maintaining and improving the Town's quality of life, ensuring the health of all citizens and contributing to the
economic well being of the community. He noted that the programs help combat chronic disease and help all facets of the
community and benefit the entire Town (economic development, quality of life and providing a better place for children
and adults to connect and enjoy their lives).
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SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by Scarlett Spring, Executive Vice President and Chief Executive Officer, Greater Phoenix
Economic Council (GPEC).
Scarlett Spring, Executive Vice President and Chief Executive Officer of the Greater Phoenix Economic Council (GPEC),
addressed the Council and highlighted a brief PowerPoint presentation that depicted past, current and future activities in
relation to the overall benefit to the Town as well as expected data regarding the entire nation. (Copy of the presentation
available in the Town Clerk’s office.)
Ms. Spring said that GPEC performed three major functions: Business attraction; Marketing the region and Providing
competitiveness. She discussed five years of data relative to the organization's prospect activity; companies that had come
to the State through the Arizona Department of Commerce; the fact that over the past five years that number had trended
down mainly because most of the companies calling were Fortune 500 companies, which were looking for expansion and
regional offices and in 2008-09 those companies were not in the expansion mode at all; the fact that GPEC was able to
maintain their level of prospect activity (as of the end of June) was a remarkable accomplishment; the fact that GPEC took
37 domestic trips and two international trips to provide information and solicit businesses; the GPEC 100, which was a
site selector; the organization's efforts to bring viable projects to the community; their international activities; expansion
activities and conferences attended; recruitment efforts and successful relocations; the organization's efforts to ensure that
other states did not boycott Arizona as a result of the passage of the recent immigration legislation; job generation and
media exposure; achievements in the City of Scottsdale, which positively impact the Town as well; valuable analyses and
interaction/partnering that was provided to the Town's staff; Senate Bill 1403, the Renewable Energy Tax Credit Bill that
GPEC helped introduce and positive impacts as a result of that legislation; continuing efforts to get worthwhile
legislation passed that would benefit the entire region; the importance of remaining diverse, particularly as they emerge
from the recession; marketing efforts for the region; GPEC's website that lists available office and industrial space that
was "shovel ready;" and efforts to reach out to the State's legislators to gain their support.
Mayor Schlum thanked Ms. Spring for her presentation.
Councilmember Dickey said that GPEC foresees the implications of 1070 and asked how the organization was
communicating/dealing with their concerns regarding the ways in which the legislation might negatively impact the
organization's goals.
Ms. Spring stated the opinion that no one thought this issue would move forward as quickly as it did and noted that they
were not lobbyists and did not have a lobbyist on staff (although they did contract out with one on an as needed basis).
She reported that they have yet to have a deal back out because of Senate Bill 1070 and added that they had three deals
right now that would have to be announced under project names and information would be forthcoming about them in
January 2011. She said that they did not want to be associated with the issue and GPEC had expended great effort to
ensure that they were not in the press. She added that they did not know if they were getting screened out (they usually
fall in the top ten markets) in the early process and that would not show up until September.
Councilmember Leger thanked Ms. Spring for her presentation and said he was hopeful that GPEC would continue to
focus its efforts on the community.
Councilmember Dickey said that the Department of Tourism and the Department of Commerce that was going away and
becoming a "quasi-governmental" organization and asked for Ms. Spring's thoughts on this.
Ms. Spring advised that GPEC was on the phone almost every day talking with the Department of Commerce and said
they were being quiet right now because she anticipated that they would be making an announcement and did not want to
get ahead of the Governor in doing that. She noted that it had been alluded to that their interaction with economic
development groups would not change -- what would change was that there would now be a public board and on that
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board would sit the Speaker of the House, the President of the Senate would Chair it and there would be 14 private sector
boardmembers. She stated that the public/private leadership would change rather than the actual transaction of the deals.
She said that the Governor would handle that announcement on her own and the Department of Commerce would then
"fold in behind that."
In response to a question from Councilmember Dickey, Ms. Spring advised that every state had a Department of
Commerce. She said that she believed in Arizona they would peel off the pieces from the Department of Commerce and
place them in the new Arizona Commerce Agency and so there would still be parts of commerce because analyses, etc.
had to be done and she believed those components would remain in place.
Mayor Schlum reiterated his appreciation to Ms. Spring for her presentation, input and efforts to assist the Town.
(ii) Presentation by Fred Bedell, Chair of the Fountain Park Sub-Committee, regarding the Greening of the
Downtown Committee’s activities.
Mr. Fred Bedell, Chairman of the Fountain Park Sub-Committee, addressed the Council relative to the greening of the
Downtown Committee's activities and advised that he was standing in for Jerry Butler, the Chairman of the group, who
was currently out of Town. He said that he believed this was a perfect example of how a public/private partnership could
co-exist around a particular challenge and come up with an initiative to get something done. He noted the various
representatives who serve/work with the subcommittee. He noted that they had employed Urban Planning and Swaback
had come up with a vision plan and following that, thanks to the Council's financial help and support, they came up with a
landscape plan for the Town Park.
Mr. Bell discussed plans that were developed to successfully conduct a demonstration project in the performance pad
area; the importance of getting people interested in and supportive of the project; the three phases of the project that were
planned out; the fact that the program was dependent upon donations (the subcommittee raised $30,000 as of April 30th);
the fact that the tree project cost $14,000; contributions that were received from Meridian and Wells Fargo Banks;
pending applications that had been submitted to Chase Bank and Bank of America; the importance of obtaining additional
funding to advance the project; their goal of planting trees around the Veteran's Memorial Project and improving the
landscaping in that area as well; coinciding efforts with the State's Centennial in 2012 (during Phase III); difficulties and
challenges faced by the subcommittee, particularly during these difficult economic times; the importance of setting
priorities; and their continuing efforts to transform the area into an extremely attractive, aesthetically pleasing one for
citizens and visitors to enjoy.
Mayor Schlum thanked Mr. Bedell for his presentation and said that the work to date looks awesome. He expressed
appreciation to everyone involved for their hard work and dedication and also commended those who had generously
provided needed funding for this important and worthwhile endeavor.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MAY 4, 11, 20, 2010 AND JUNE 3, 2010.
AGENDA ITEM #2 – CONSIDERATION OF APPROVING THE CONTRACT WITH FOUNTAIN VIEW
VILLAGE FOR HOME DELIVERED MEALS FOR FISCAL YEARS 2010 THROUGH 2012.
AGENDA ITEM #3 – CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE, SUBMITTED BY
JEROLD LANE MILES (FOR THE FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND
HISTORICAL SOCIETY) FOR THE PURPOSE OF A FUNDRAISING EVENT, TO BE LOCATED AT 13001 N.
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LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON AUGUST 28, 2010 FROM
6:00 P.M. TO 10:00 P.M.
AGENDA ITEM #4 – CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE, SUBMITTED BY
JEROLD LANE MILES (FOR THE FOUNTAIN HILLS AND LOWER VERDE VALLY MUSEUM AND
HISTORICAL SOCIETY) FOR THE PURPOSE OF A FUNDRAISING EVENT, TO BE LOCATED AT 13001 N.
LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON SEPTEMBER 15, 2010
FROM 6:00 P.M. TO 10:00 P.M.
AGENDA ITEM #5 – CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE, SUBMITTED BY
JEROLD LANE MILES (FOR THE FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND
HISTORICAL SOCIETY) FOR THE PURPOSE OF A FUNDRAISING EVENT, TO BE LOCATED AT 13001 N.
LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON NOVEMBER 17, 2010
FROM 6:00 P.M. TO 10:00 P.M.
AGENDA ITEM #6 – CONSIDERATION OF AWARDING THE CONTRACT TO LARSON ALLEN, LLP FOR
FINANCIAL AUDIT SERVICES FOR FISCAL YEARS 2010 THROUGH 2012, IN AN AMOUNT NOT TO
EXCEED $84,300.
Councilmember Hansen MOVED to approve the Consent Agenda items as listed and Vice Mayor Brown SECONDED
the motion.
A roll call vote was taken with the following results:
Councilmember Dickey Aye
Mayor Schlum Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Councilmember Contino Aye
Vice Mayor Brown Aye
Councilmember Elkie Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #7 – CONSIDERATION OF THE SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE TOWN AND THE EXTENDED HANDS FOOD BANK,
EXTENDING THE TERM OF THE CONTRACT BY ONE YEAR IN THE AMOUNT OF $37,840.
Mayor Schlum stated that they would have one presentation on Agenda Items 7 through 10 and would then take separate
votes on each of the community contracts.
Ms. Ghetti addressed the Council and advised that Agenda Items 7 through 10 represented contract amendments to
contracts entered into by the Town in 2007 with the various agencies listed above. She noted that these contracts were for
the provision of services and they all expire on June 30, 2010. She said that as a result of the decline in General Fund
revenues, a committee was formed to identify funding for the community contracts going forward and the committee
identified sources of revenue, two of which were on tonight's agenda. She reported that the consensus of the Council
during a recent Work Study Session was to extend the current contracts by one year to allow the committee to continue
working on the scope of the contracts as well as the funding. She informed the Council that the exception was the scope
of work for the Fountain Hills Community Theater and stated that the Theater had agreed to accept the reduced level of
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funding with a reduction in the level of service, specifically eliminating the requirement to produce one performance on a
weekend at the Fountain Hills Amphitheater in Fountain Park. She advised that due to an oversight on her part, the
performance did not get removed from the second amendment that was before the Council for consideration this evening.
She noted that should the Council decide to approve the amendment, a revised scope of work would be provided relative
to the Theater.
Ms. Ghetti stated that in addition to approving the amendments to the contracts for one year, the funding for three of the
four contracts was reduced due to fiscal restraints and all other terms and conditions remain the same. She added that
staff understood the Council's direction to extend the contracts for one year to allow for further evaluation and possible
modification for possible amendments next year. She said that the committee recommends approval of the proposed
amendments to the community contracts.
Councilmember Leger MOVED to approve the second amendment to the professional services agreement between the
Town and the Extended Hands Food Bank for one year in the amount of $37,840 and Councilmember Elkie SECONDED
the motion.
There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 – CONSIDERATION OF THE SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE TOWN AND THE FOUNTAIN HILLS CHAMBER OF
COMMERCE/TOURISM, EXTENDING THEIR TERM OF THE CONTRACT BY ONE YEAR IN THE
AMOUNT OF $129,000.
Councilmember Hansen declared a potential conflict of interest regarding this agenda item and stated that she would
refrain from any discussion and/or voting on this item.
Councilmember Leger MOVED to approve the second amendment to the professional services agreement between the
Town and the Fountain Hills Chamber of Commerce/Tourism, extending their term of the contract by one year in the
amount of $129,000 and Vice Mayor Brown SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY by those voting (6-0 with Councilmember Hansen abstaining).
AGENDA ITEM #9 – CONSIDERATION OF THE SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE TOWN AND THE FOUNTAIN HILLS COMMUNITY THEATER,
EXTENDING THE TERM OF THE CONTRACT BY ONE YEAR IN THE AMOUNT OF $90,300.
Councilmember Dickey declared a potential conflict of interest regarding this agenda item and stated that she would
refrain from any discussion and/or voting on this item.
Vice Mayor Brown MOVED to approve the second amendment to the professional services agreement between the Town
and the Fountain Hills Community Theater, extending the term of the contract by one year in the amount of $90,300 and
Councilmember Leger SECONDED the motion.
There were no citizens wishing to speak on this agenda item. A roll call vote was taken with the following results:
Councilmember Dickey Abstain
Councilmember Contino Aye
Councilmember Hansen Aye
Vice Mayor Brown Aye
Mayor Schlum Aye
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Councilmember Leger Aye
Councilmember Elkie Aye
The motion CARRIED UNANIMOUSLY by those voting (6-0 with Councilmember Dickey abstaining).
AGENDA ITEM #10 – CONSIDERATION OF THE SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE TOWN AND THE BOYS AND GIRLS CLUB OF GREATER
SCOTTSDALE, EXTENDING THE TERM OF THE CONTRACT BY ONE YEAR IN THE AMOUNT OF
$100,000.
Councilmember Leger MOVED to approve the second amendment to the professional services agreement between the
Town and the Boys & Girls Club of Greater Scottsdale extending the term of the contract by one year in the amount of
$100,000 and Councilmember Contino SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey advised that she would like to talk a little bit about what led to fully funding the Boys & Girls
Club in the amount of $100,000, which was the same amount they had received in previous years. She referred to the
minutes that the Council previously approved at the beginning of the Regular Agenda (May 20, 2010 minutes) and
referred to the conversation that took place. She said that "Vice Mayor Hansen noted that the Boys & Girls Club did not
have an automatic increase during the three-year term of the contract. She stated that in looking at that it appears that all
of the other groups had increased but the Boys & Girls Club did not." She further read that "Vice Mayor Hansen stated
that they should look at the fact that the Boys & Girls Club contract did not increase and figure out what that number
would be if they had had automatic increases like the other groups." She went on to say that "Councilmember Dickey did
not believe that the other groups had received automatic increases and would like someone to talk about this (she thought
it was based on expenses)." Vice Mayor Hansen responded that "she thought it was written into their contract for a certain
percentage of an increase." She advised that the Mayor said, "In light of the fact that they did not have the increase they
entered into the contract initially and did not realize that it was an option, I believe that the Vice Mayor made a valid
point" and moving on "to keep that in mind and you would be willing to consider an amendment” (at that time the Boys &
Girls Club contract was being amended at 14% like all the rest of the contracts from $100,000 to $86,000). She said that
the decision was made on information presented at that time, which had turned out not to be the case. She noted that the
minutes also stated that "Councilmember Dickey said that she wanted to set the record straight as there was some doubt as
to the automatic increases and it was her understanding that some of them were not automatic." She added that they went
on to the vote and the contracts were reduced by the 14% and the motion was amended to add back the $14,000 based on
what they now know was not the case for these contracts so once again she would like to have some dialogue on this
issue. She said that out of all of the cuts that they had been talking about and doing and out of the spirit of fairness she
felt that this should be readdressed because the decision was made without all of the information.
Mayor Schlum thanked Councilmember Dickey for her clear presentation of the discussion that had previously taken
place. He added that he had considered that as well and was comfortable with where they ended up. He stated that some
of the contracts increased over time -- Tourism and the Food Bank (he could not remember all of them at the current time,
the exact dollar amounts) -- and the Community Theater's increase and it now appeared that it did not.
Councilmember Dickey advised that one of the things that the Council was told about the cuts that had to be made
involved over-seeding and things like that. The Fountain Hills Soccer Club decided that it could not over-seed Desert
Vista Park and there was an amount of $12,000 and she heard from a resident about that so based on the condition of the
Soccer field at Desert Vista, she would respectfully request that options be considered so that the main fields themselves
did not become basically dirt and the play areas. She added that they also talked about the transportation issue and the
fact that it would be worse in a couple of years and said that with the $14,000 they could possibly do some other things.
She noted that they did not raise the Bed Tax by the amount that was being proposed.
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Mayor Schlum advised that all of the things that they had funded over time have all provided value and that he liked
having more of a holistic discussion on the value related to each individual item on its own (an individual item approach
and hopefully they would make the right decisions as to what the community wanted).
Councilmember Dickey stressed that she was concerned about the issue of fairness in a holistic manner.
Vice Mayor Brown said that he would like to state for the record that when they went from $86,000 back to $100,000 he
advised that he did not think that was a fair move and he said that he still felt that what was good for one was good for all,
especially in this environment.
Mayor Schlum thanked Council for the discussion and said that there had been some good clarifying this evening. There
were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #11 – CONSIDERATION OF APPROVING THE 4 DAY/10 HOUR PER DAY WORK
SCHEDULE FOR TOWN EMPLOYEES ON A PERMANENT BASIS.
Human Services Director Joan McIntosh addressed the Council and stated that in June of 2009, the Council approved
changing the Town Hall business hours for Fiscal Year 2009-10 to be Monday through Thursday from 7:00 a.m. until
6:00 p.m. and closing on Fridays. She noted that Council directed staff through this fiscal year to evaluate the hours based
on four criteria, the first being enhancement of customer service. She said that staff had done that and determined that the
Town's customers had benefitted from the extended Town Hall business hours due to the increased access to Town Hall.
She noted that the Building Safety and Administration desks had reported that approximately 8% of their total customers
arrive prior to 8:00 a.m. and after 5:00 p.m. She added that the Court had also experienced a similar showing (12% during
the extended hours). She advised that she had spoken with the front desk staff to find out if they had heard any
complaints from customers relative to Town Hall being closed on Fridays and they had indicated that they had not
received a single complaint. She added that they did have a couple of people who came in on a Monday and said they had
tried to come by on Friday who did not know the offices were closed, but they were comments rather than complaints. In
addition, the Building Safety counter had not received any complaints.
Discussion ensued relative to the fact that on-going customer surveys indicate that 85% of the residents were in favor of
continuing the existing hours or did not care one way or another while 15% would like to go back to 8:00 to 5:00 p.m. five
days a week; the fact that Judge Armbruster, who was a strong advocate for the current hours forwarded an e-mail to Ms.
McIntosh, extolling the positive impacts the 4 day/10 hour per day work schedule has had on the overall operations of the
Court, including providing the Court with an enhanced ability to service the needs of customers (the e-mail expanded on
the various benefits and a copy on file in the Town Clerk’s office); $8,112 in cost savings that has been realized (savings
in electrical, water and sewer); additional benefits such as a reduction in driving (personal auto savings), less gas
consumption and overall benefits on the environment (less pollution); a decrease in stress on employees who looked at the
hours as a benefit; an on-line Town Hall survey that showed 81% of the employees supported the current hours while 19%
would prefer going back to the 8 hour, 5-day workweek (less time for exercise was one reason provided, and another was
that the long hours were tiring); productivity had improved according to the employees; the fact that the trend for the
current hours was increasing throughout the Valley and of the contacted municipalities, the one half that had responded
reported that the change in hours had been very successful and would be continued; some of the cities/towns had
experienced larger cost savings; and the fact that improved employee morale more than cost savings had been the major
reason for introducing the 4 day/10 hour work week in cities/towns.
Ms. McIntosh stated that staff recommended approving the 4 day/10 hour a week work schedule for employees on a
permanent basis and indicated her willingness to respond to questions from the Council.
Mayor Schlum thanked Ms. McIntosh for her presentation. There were no citizens wishing to speak on this agenda item.
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Councilmember Dickey MOVED to approve a permanent change to the Town Hall business hours by lengthening the
hours of operation Mondays through Thursdays from 7:00 a.m. to 6:00 p.m. and closing the Town Hall on Fridays and
Councilmember Leger SECONDED the motion.
Mayor Schlum commented on the fact that the current hours appeared to provide added benefits to citizens as well as staff
and said that once construction commenced again there would be even greater benefit during the mornings in particular.
The Mayor stressed the importance of improving customer service whenever and wherever possible. He asked Mr.
McIntosh to discuss who was and was not on that work schedule.
Ms. McIntosh advised that Public Safety personnel could not work 4/10s because they had to be here to protect the
community and the Town's Senior Center and Community Center was also open seven days a week. She added that some
of the staff at the Community Center had elected to work 4/10s and others had elected not to do so (decision had been left
up to the Directors). She added that the Parks staff still worked five days a week, eight hours a day (again, at the
discretion of the Director).
In response to questions from Councilmember Elkie, Ms. McIntosh stated that the Town currently had 48 full-time
employees and a majority of them were on the 4/10s. She also reported that 89 residents completed the survey regarding
the hours and provided additional statistics relative to this particular issue.
Ms. McIntosh reported that there were Parks staff members who would like to work the 4/10s or at least be given a choice
and that issue again had been left up to the Director to decide. Additional discussion ensued relative to this issue with Ms.
McIntosh responding to a number of questions relating to the survey results.
Judge Armbruster discussed his approach to the 4/10s and assured the Council that any issues had been addressed
successfully and options were available. He reiterated that he had not received any complaints and other courts
throughout the Valley were also supportive of the 4/10 work week.
Mayor Schlum reiterated his appreciation to staff for monitoring this issue and providing results on this item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #12 – CONSIDERATION OF AWARDING THE ANNUAL LANDSCAPE AGREEMENT TO
ARTISTIC LANDS MANAGEMENT, INC. IN THE AMOUNT OF $179,127.20 FOR THE PERIOD JULY 1,
2010 THROUGH JUNE 30, 2011.
Parks & Recreation Director Mark Mayer addressed the Council relative to this agenda item and noted that the contract
was issued for one year and was renewable for up to four years for a total of five years, assuming that both parties were
interested in renewing the contract. He advised that this covered the mowing of the Town parks, rights-of-way, medians,
including fountains and other properties. In addition, it included over-seeding in some of the grass areas and the trimming
of a number of trees. He noted that the current contract expired at the end of this month. He discussed advertising efforts
expended by staff to solicit bids for the work and said that nine of the twelve firms had submitted bids. He reported that
three were eliminated for various reasons and said that the Council had been provided a list of the bids. (Copy on file in
the Town Clerk’s office.)
Mr. Mayer informed the Council that Artistic Lands Management, Inc. had performed their work in an excellent manner
and their references had been reviewed and confirmed. He said that staff recommended awarding the annual landscape
agreement to Artistic Lands Management, Inc.
Mayor Schlum thanked Mr. Mayer for his presentation.
There were no citizens wishing to speak on this agenda item.
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Councilmember Dickey MOVED to approve and award Contract No. 2011-101, annual landscaping agreement to Artistic
Lands Management, Inc., in the amount of $179,127.20 for the period July 1, 2010 through June 30, 2011 and
Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #13 – CONSIDERATION OF RESOLUTION 2010-17, AUTHORIZING THE SUBMISSION OF
AN APPLICATION FOR GRANT CONSIDERATION BY THE ARIZONA DEPARTMENT OF
TRANSPORTATION AND THE MARICOPA ASSOCIATION OF GOVERNMENTS RELATING TO
SAGUARO BOULEVARD PEDESTRIAN AND LANDSCAPE IMPROVEMENTS.
Town Engineer Randy Harrell addressed the Council relative to this agenda item and stated that this was the first grant
application that staff had ever submitted that required the Council to pass a resolution as part of the application process.
He reported that this project was along the east side of Saguaro Boulevard and added that they had started on this concept
back in 2004 but the project never moved forward due to the lack of a funding source. He noted that the project was now
in the Town's Capital Improvements Plan (CIP) with construction in 2012-13 so if they were awarded the grant, it would
greatly reduce the amount of Town funding needed for this project. He advised that staff forwarded the initial paperwork
for this grant as a pedestrian facility project and the Maricopa Association of Governments (MAG) would need to have
the complete packet before they forwarded this on to the Arizona Department of Transportation (ADOT) for their review.
Mr. Harrell briefly reviewed portions of the contents of the staff report (Copy on file in the Town Clerk’s office) and
advised that staff recommended approval of Resolution 2010-17. He said that the selection process would be completed
by November, and if the Town was selected, it would be about three years until the project was ready for construction.
Mayor Schlum thanked Mr. Harrell for his ongoing efforts and presentation.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey MOVED to approve the submittal of a grant application to the Arizona Department of
Transportation (ADOT) for Federal aid transportation enhancement grant funding for the Saguaro Boulevard Colony
Panorama sidewalk project (Resolution 2010-17) and Councilmember Elkie SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #14 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Items listed below were 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:
None.
AGENDA ITEM #15 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE TOWN MANAGER.
Mr. Davis addressed the Council and said he knew that they were awaiting the completion of the Shea Climbing Lane
project, originally slated for completion by June 30th. He said that indications were that the completion would be pushed
out to about the third week in July (July 23rd). He advised that there were three factors affecting this delay: 1) the
unanticipated needs associated with the infrastructure that needed to be accommodated (work that had to be done for
signaling that was not included in the original plan; 2) quite a bit of infrastructure was found that they did not initially
anticipate, and 3) a lack of anticipation relative to how hard the soil was in Town so the excavation had been a lot more
difficult and time consuming. He reported that the work was going well and they did anticipate completion by July 23rd
and around the second week in July the overnight milling that would close the road completely would take place between
9:00 p.m. and 5:00 a.m. He said that traffic would be detoured for five days while that occurs.
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Mr. Davis added that today another letter was received from ADOT confirming that in the fall of this year they would
proceed with the Shea Gap Project, between Saguaro and Fountain Hills Boulevard and the construction of a median
there. He said that they were looking for that project to be completed within three months following the start (hopefully
by Christmas). He stated that next year they would address the intersection of Saguaro and Shea, which would include an
overlay of that section all the way to the Town limits.
Mayor Schlum thanked Mr. Davis for his presentation and discussed the savings that the Town would receive as a result
of the project.
AGENDA ITEM #16 – ADJOURNMENT.
Vice Mayor Brown MOVED to adjourn the Regular Session and Councilmember Leger SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:41 p.m.
TOWN OF FOUNTAIN HILLS
By_____________________________
Mayor Jay T. Schlum
ATTEST AND
PREPARED BY:
_________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special/Regular Sessions held
by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day of June, 2010. I further
certify that the meetings were duly called and that a quorum was present.
Dated this 5th day of August 2010.
_____________________________
Bevelyn J. Bender, Town Clerk