HomeMy WebLinkAbout2010.0902.TCRM.Minutesz:\council packets\2010\r10-7-10\100902m.docx Page 1 of 8
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
September 2, 2010
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Schlum called the meeting to order at 6:32 p.m.
* INVOCATION – Mr. James Ricketts, Director of Men's Ministries at North Chapel
* ROLL CALL
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum,
Councilmember Contino, Councilmember Leger, Councilmember Elkie, Vice Mayor Brown, Councilmember Hansen and
Councilmember Dickey. Town Manager Rick Davis, Deputy Town Manager Julie Ghetti, Town Attorney Andrew
McGuire and Town Clerk Bev Bender were also present.
* MAYOR'S REPORT
(i) Mayor Schlum announced that Councilmember Elkie would celebrate his birthday on September 11th and wished
him a very Happy Birthday on behalf of the entire Council.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor will read a proclamation declaring September 18, 2010, as "Play Day" in the Town of Fountain Hills.
The Mayor advised that the Town had been recognized as one of the best "play towns" in the country and read into the
record a proclamation declaring September 18, 2010 as "Play Day" in the Town of Fountain Hills. He emphasized that
play was a crucial factor in the overall well-being of children and noted that unstructured, unplanned, spontaneous and
self-motivated play was on the decline. He added that fewer children spent time outside at parks and playgrounds and
recess was being shortened or removed from school curriculums. Mayor Schlum stated that children who play were
healthier and suffered less obesity-related health problems such as diabetes and heart disease. He said that children who
played did better in school and developed cognitive skills that were linked to learning and academic performance and they
learn social skills that helped them become happy and well-adjusted adults. The Mayor said it was his pleasure to
proclaim September 18, 2010, "Play Day" in the Town of Fountain Hills.
ii) Recognition of Municipal Judge Ted Armbruster's service to the Community.
Mayor Schlum stated that this item was "bittersweet" and before presenting Judge Armbruster a plaque in recognition of
his loyalty, accomplishments and dedication to the Town, as well as contributions to the entire community, there were a
few people in the audience who had served with the Judge wanted to offer some comments at this time.
Former Town Councilmember and current State Representative John Kavanagh came forward and thanked the Council for
providing him an opportunity to speak this evening. He stated that the role of Magistrate for the Town was a huge
responsibility and when the prior Magistrate retired, his leaving left a void that was crucial to fill. He advised that the
selection team conducted an extensive search to identify an individual who could assume this awesome responsibility and
they found a lot of qualified candidates, but one rose to the top -- Ted Armbruster -- and said that he had stayed at the top
ever since. Representative Kavanagh added that it was a credit to him that he served the Town so well and a credit to the
Town that they had selected such a high caliber individual who was "on the way up." He noted that they were losing Ted
but he was advancing his career in Virginia. He commented on the fact that the Judge was extremely approachable and a
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part of the community and accomplished a lot of good outside of his judicial duties, especially with his Youth Court. He
further stated that Ted Armbruster was the right person at the right time and would be greatly missed. Representative
Kavanagh wished Judge Armbruster the best of luck in his new endeavor and thanked him for his contributions to the
Town of Fountain Hills.
Former Town Councilmember Rick Melendez came forward and said it was a pleasure to be given the opportunity to
honor his friend, outgoing Magistrate Ted Armbruster. He described his term on the Council as being turbulent and stated
that the Council had been able to come together and became a unit and had made important decisions that ultimately
benefitted the entire community. He commented on the divisiveness that appeared to be present among the current
Council as well as the Town Manager and challenged the Council to come together, reach out to one another and be
cohesive to make the Town what it should be. He said that he was privileged to be a member of the selection team to
replace the Town's prior Magistrate and their efforts had resulted in the appointment of Ted Armbruster -- a highly
qualified, professional, fair and effective Magistrate who had well served the community and exceeded his predecessor’s
already high expectations. He advised that he was honored to have had the opportunity to work with Judge Armbruster
and to get to knew him both as a professional and as a friend. He briefly outlined a number of the Judge's
accomplishments over the years and thanked him for his tremendous contributions to the entire community. Former
Councilmember Melendez relayed a personal story regarding their sports competitiveness over the years and presented
him with a USC cap. He wished the Judge and his wife success and health in the upcoming years.
Mayor Schlum thanked Representative John Kavanagh and former Councilmember Rick Melendez for their remarks.
The Mayor said that although the Town was sad they were losing such a remarkable individual, they were also happy and
proud of his accomplishments and wished him the best of luck in his new endeavor. He noted that the Judge and his wife
Alice were exceptional community members and commented on a few of his very notable achievements and contributions
to the youth of the Town, including the Teen Court. He said that thanks to Judge Armbruster's efforts, they had an
exceptional Municipal Court, staffed by highly professional individuals. He congratulated him on his appointment to the
new position and said both he and his wife were gracious and giving people who would be missed by the entire
community. Mayor Schlum asked Judge Armbruster to come forward at this time.
The Mayor presented the Judge with a plaque containing a gavel in appreciation for his eight years of service to the Town
of Fountain Hills. He said that the Town and the community were very appreciative of the Judge's efforts to enhance the
entire community and thanked him for his dedication and hard work. The Mayor also noted that he had heard from staff
that the Judge "scowers Town Hall for chocolates" and presented him with a chocolate bar from staff to keep him going
until his next stop. Mayor Schlum and Judge Armbruster had photographs taken at this time.
Judge Armbruster advised that he had a wonderful opportunity to address his colleagues from Town Hall the other day
and said that he had always appreciated his staff's respect for the Court and the history of the judicial system. He said that
not too long ago he had received from staff a powdered wig and in acknowledgement of that he wore it for the first and
only time the other day. He thanked the Council and staff individually and collectively for their support over the years
and acknowledged the terrific adult volunteers who had assisted with the Teen Court. He said it had been an honor to
work with the terrific Court staff over the past eight years. He thanked Representative Kavanagh for his vote eight years
ago and former Councilmember Melendez as well. Judge Armbruster stated that any good opportunities that he has had in
his life and the ones he would have such as his new assignment, had been due largely to his companion and best friend,
his wife Alice, and he thanked her for her support.
iii) Recognition of Town employees Mike Ciccarone, Jim Michalak, Randy Harrel, Ken Kurth, Heather Ware and
Justin Weldy for their superior customer service.
Mayor Schlum commented that the Town of Fountain Hills prided itself on its exceptional customer service and said that
tonight he would like to recognize some individuals who had excelled in this important area. The Mayor said that Mike
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Ciccarone had saved the Town thousands of dollars through a variety of innovative moves (transitioning the Town's
website from hosted to in-house saving almost $5,000 in annual fees, which had solicited positive comments from Council
and citizens; taking the initiative to reduce the Town's monthly telephone charges by switching long distance providers
and eliminating some unused telephone lines -- annual savings of $1,300; and taking the initiative to change email service
providers to a virtual server, which replaced two servers with one, as well as reduced license fees -- annual savings of
$4,740).
The Mayor also acknowledged Heather Ware who works with over 700 volunteers in the community and particularly
recognized her efforts with the Give a Lift program. He noted that as a result of her efforts the program was very
successful and recognized valley-wide as an innovative program for citizens with special needs. He added that the public
recognition had resulted in more residents volunteering to help their neighbors and this showed a very positive side of
Fountain Hills.
Mayor Schlum added that Randy Harrel had performed tremendously over the past couple of months relating to the new
road construction project on Shea Boulevard. He said that as a result of Mr. Harrel's efforts and hard work the project had
progressed rather smoothly and added that he had done a great job to ensure that the project moved along and looked
great; his customer service expertise was to be commended.
The Mayor advised that Jim Michalak with the Streets Department had provided excellent service to the Town over the
last couple of months during the major road construction on Shea Boulevard and had helped the Town make some
improvements in that area that would benefit the community for years to come. He thanked him for his time and effort
that was spent supervising ADOT's contractors to ensure that the traffic signal construction was completed per
specifications. He also commended Mr. Michalak for his excellent customer service and support.
Mayor Schlum publicly commended Justin Weldy, Engineering Inspector for the Town, for alerting Finance staff to lost
revenue due to the lack of a consistent process and procedure for issuing encroachment permits (led to the collection of
over $170,000 in revenue over the last two years); assisting with the process whereby Blue Stake reports were cross-
checked with encroachment permits to ensure that contractors working in the public rights-of-way without a permit were
brought into compliance and assessed fees; overseeing the Del Cambre drainage/sidewalk project and ensuring that the
contractor completed the job according to specifications; recognizing the opportunity during construction at Shea and
Fountain Hills Boulevard to work with SRP in upgrading the traffic signals to metered use versus flat rate fee, saving the
Town several thousands of dollars per year; and overseeing the Shea climbing lane project, which involved adjusting his
shift to nights to be on-site during the paving and striping process. His presence ensured that the Town's best interests
were not relegated by the contractor.
Mayor Schlum asked those staff members who were present to come forward so that he could thank them personally for
their efforts and hard work.
iv) Presentation honoring the service of Charlotte McCluskey and Allen Siebel on the Strategic Planning Advisory
Commission.
Mayor Schlum said that Charlotte McCluskey and Allen Siebel had served as volunteer members on the Town's
prestigious Strategic Planning Advisory Commission (SPAC). He discussed their tremendous efforts over the past few
years, which had greatly impacted the entire community and thanked them for their dedicated service to Fountain Hills.
He commented on a number of the SPAC's accomplishments to date and said that it was volunteers like Ms. McCluskey
and Mr. Siebel who ensured that the high quality of life in Fountain Hills would continue well into the future. The Mayor
expressed appreciation to Ms. McCluskey and Mr. Siebel and presented them with plaques in recognition of their
contributions to the Town.
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* CALL TO THE PUBLIC
None.
* CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE OKTOBERFEST
PRESENTED BY SOUTHWEST GERMAN SOCIETY, SONS OF AMVETS, AND THE FOUNTAIN HILLS
ELKS LODGE #2846, TO BE HELD IN FOUNTAIN PARK ON SEPTEMBER 24 AND 25, 2010.
AGENDA ITEM #2 – CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY SAMUEL COFFEE (SONS OF AMVETS) FOR THE OCTOBERFEST EVENT TO BE HELD
IN FOUNTAIN PARK ON SEPTEMBER 24 AND 25, 2010 FROM 5-10 P.M. EACH DAY.
AGENDA ITEM #3 – CONSIDERATION OF RESOLUTION 2010-15, AN INTRGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE ARIZONA DEPARTMENT OF
FIRE, BUILDING AND LIFE SAFETY, OFFICE OF MANUFACTURED HOUSING, ALLOWING THE TOWN
OF FOUNTAIN HILLS BUILDING SAFETY DIVISION TO CONDUCT ANY AND ALL NECESSARY
INSPECTIONS OF MANUFACTURED HOUSING DEVELOPMENT WITHIN THE TOWN'S MUNICIPAL
BOUNDARIES.
AGENDA ITEM #4 - CONSIDERATION OF APPOINTING VICE MAYOR DENNIS BROWN,
COUNCILMEMBER DENNIS CONTINO AND COUNCILMEMBER TAIT D. ELKIE TO THE TOWN
COUNCIL SUBCOMMITTEE FOR THE PURPOSE OF REVIEWING, INTERVIEWING AND
RECOMMENDING APPLICANTS TO THE MAYOR FOR POSSIBLE APPOINTMENT TO FILL
VACANCIES ON THE PLANNING AND ZONING COMMISSION.
AGENDA ITEM #5 - CONSIDERATION OF A FINAL REPLAT FOR A LOT JOIN AT 14130 E. COYOTE
WAY, AKA PLAT 401-B, BLOCK 3, LOTS 40 AND 41 (APN'S 217-19-923 AND 217-19-924). CASE #S2010-07.
Vice Mayor Brown MOVED to approve the Consent Agenda as listed and Councilmember Dickey SECONDED the
motion. A roll call vote was taken with the following results:
Councilmember Contino Aye
Vice Mayor Brown Aye
Councilmember Leger Aye
Councilmember Dickey Aye
Mayor Schlum Aye
Councilmember Hansen Aye
Councilmember Elkie Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #6 – CONSIDERATION OF ORDINANCE 10-03, AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 5, MUNICIPAL COURT, RELATING TO HOME DETENTION AND
MONITORING.
Town Manager Rick Davis addressed the Council relative to this agenda item and advised that Magistrate Ted Armbruster
had shared information with him relative to the fact that the Town currently paid a certain amount of the costs associated
with individuals' incarcerations (a couple hundred dollars for the first day and approximately $70 every day thereafter).
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He said that incarceration could become quite a costly proposition and said that Judge Armbruster would discuss an
alternative to the current process.
Judge Armbruster addressed the Council and said that he was grateful for the opportunity to discuss this issue before his
departure. He advised that he respectfully requests adoption of proposed Ordinance 10-03, amending the Fountain Hills
Town Code, Chapter 5, Municipal Court, relating to home detention and monitoring. He expressed appreciation to
members of staff for their work in this area as well as Councilmember Elkie for his helpful input and information he
passed on from other jurisdictions.
Judge Armbruster referred to a Staff Report provided to the Council (copy available in the office of the Town Clerk) and
indicated his willingness to respond to any questions from the Council regarding this proposal. He said that the benefits
of this proposal, if approved by the Council, would be enjoyed by his successor and said that he regretted that he would
not have the opportunity to work with this because it would truly be a good thing. He advised that Councilmember Elkie
had commented that it would be another tool in the Judge's tool chest. He noted that the Statute referred to in the report
provided the Town, the Judge, the opportunity to utilize this authority and discussed the potential benefits to the Town and
to the people. He added that sentencing impacts had been collectively laid out for the Council's consideration and were
very clear. He advised that the common thread when talking with other communities had been incarceration costs and the
benefits of home detention and monitoring. He reported that responses from municipalities utilizing this process were
unanimously positive.
Discussion ensued relative to costs and the fact that last Fiscal Year the Town expended $81,000 in jail costs; the fact that
approximately half of that amount could actually be collected from a defendant; anticipated Town costs and savings;
anticipated benefits (reduced jail costs charged to the Town for the incarceration of defendants and Town defendants were
better able to maintain their employment and were more likely to pay their fines and fees in a timely manner); Court staff's
excellent efforts to collect costs; the opportunity to utilize home detention, and be legislatively authorized to jail under
appropriate circumstances (authority given the Judge to use his/her wisdom and apply it when appropriate circumstances
were in place); the fact that there were certain instances when home detention could not be ordered; the fact that the other
communities contacted by Judge Armbruster, i.e. Scottsdale, Mesa, Phoenix, Goodyear, Chandler, Tempe, Surprise,
Wickenberg, and Paradise Valley without exception were extremely pleased with the application and with the compliance
on the part of the defendants who had participated in the program; the fact that the various municipalities had shared with
the Town their experience with the various vendors and that would prove to be very helpful; and Judge Armbruster's
opinion that this would greatly assist whoever replaced him in pursuing this venture.
Judge Armbruster thanked the Council for the opportunity to address them on this important matter and he respectfully
requested the Council's approval of this proposal.
Mayor Schlum thanked Judge Armbruster for his input.
Councilmember Hansen MOVED to approve Ordinance 10-03 and Vice Mayor Brown SECONDED the motion.
Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item.
Councilmember Hansen complimented Judge Armbruster on the Staff Report submitted for Council review.
Councilmember Leger thanked Judge Armbruster for his excellent service to the Town. He asked the Judge to respond to
a question he had for the benefit of the public (since Councilmember Leger had the benefit of reading the Staff Report and
was very comfortable with it but the public had not had that opportunity). He requested that the Judge discuss what the
Court would do to minimize or mitigate risks to the community (i.e., what type of offenders could take advantage of home
detention and which cannot).
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Judge Armbruster responded that first and foremost, people would not be eligible for home detention/monitoring if any of
the following apply: If the person constitutes a risk to himself or others; the person had a past history of violent behavior;
if the conviction for which the person was being sentenced was for domestic violence; the conviction for which the person
was being sentenced had been involved in prostitution or solicitation; or the person was not eligible otherwise pursuant to
Statute as amended. He emphasized that that was the responsibility of the Judge (to make that determination) and people
had to be confident that the Judge would take that charge very seriously. He noted that that would include the opportunity
for input from both sides. He added that the selected vendor would be responsible for actually administering the process
and keeping the Court apprised of any problems that might exist. He explained that the primary vendors that were used
among the jurisdictions that he had previously outlined had the ability to conduct daily reporting to the Court regarding
compliance, whether through location monitoring (GPS) or if it was a person who had the related alcohol monitoring,
which was important for DUI offenses. He said that by the very nature of the requirements that were stated in the
Ordinance itself and the confidence that he could share with them that he had in a successor along with the terrific Court
staff in place and the commitment and support of the Town's Prosecutor, he did not believe that the program was a
concern for the community.
Mayor Schlum stated that there were a lot of other benefits associated with this program such as the charging back of
associated costs to the person who would be utilizing the program and Judge Armbruster commented that without
question that was a major plus because not only was it significant in terms of avoiding related jail costs that would
otherwise be incurred, it would certainly free up staff time since collection would be the responsibility of the vendor.
Mayor Schlum said that if all of the Court ordered regulations were not followed, the person would lose the privilege of
home detention (they would be sent to jail).
Judge Armbruster concurred and noted that they would know that if they "mess up" there would be consequences, not the
least of which was the loss of their liberty.
Mayor Schlum reiterated his appreciation to Judge Armbruster and stated that the community would miss him and his new
employer would definitely benefit from his appointment.
Judge Armbruster thanked the Mayor and Council for the opportunity to serve the citizens of Fountain Hills.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2010-30, AN INTERGOVERNMENTAL
AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION (ADOT) FOR THE
"FOUNTAIN HILLS BOULEVARD: SIDEWALKS TO THE MIDDLE SCHOOL PROJECT (S6006)," FOR
$354,200 IN FEDERAL AID FUNDING, PLUS $151,800 IN TOWN FUNDING.
Town Engineer Randy Harrel addressed the Council relative to this agenda item and reviewed the report and maps
contained in the Staff Report (copy available in the office of the Town Clerk). Mr. Harrel described the project and noted
the segments of the sidewalk that would be constructed. He said that at the completion of this project there would be
sidewalks on the east side of Fountain Hills Boulevard from Fayette to the Middle School and on the west side of the
Boulevard from Oxford Drive to the Middle School. He advised that the sidewalks north of Saguaro Boulevard would be
eight feet wide and those south of Saguaro Boulevard would be six feet wide. He said that the sidewalks would meander
away from the curb and there would be four inch PVC conduit in place so that each of the property owners could provide
irrigation or on-site electrical service to the area between the sidewalk and the curb. Mr. Harrell discussed additions that
would also be a part of the project (for future traffic signals).
Mr. Harrel further stated that the traffic control drawings for the project showed the work that would be done from the
south to the north on one side of the street at a time. He reported that based on current estimates it appeared that the Town
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might receive a significant portion of its funding back at the end of the project. He advised that staff recommended
approval of this Agreement and indicated his willingness to respond to questions from the Council.
Mayor Schlum thanked Mr. Harrel for his presentation.
Councilmember Dickey MOVED to approve Resolution 2010-30, an Intergovernmental Agreement with the Arizona
Department of Transportation (IGA/JPA 10-124-D), for the "Fountain Hills Boulevard Sidewalks to the Middle School"
project and Councilmember Leger SECONDED the motion.
Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item.
Councilmember Elkie requested that Mr. Harrel explain his statement regarding the fact that it appeared the Town might
receive a significant portion of its funding back at the end of the project.
Mr. Harrel advised that construction bids were coming in at a very good price and so if the total project costs came in less
than anticipated, the Town would receive some funding back.
Mayor Schlum commented that that would be terrific and said that he hoped they continued to receive good bids and
improve other areas with the saved dollars. He added that he appreciated that Mr. Harrel would work with the schools
during their "down times." He discussed the safety aspects associated with this project and the fact that the work would
allow connections to other sidewalks to get to other neighborhoods.
Mr. Harrel indicated his intention to continue to work with ADOT on this project to obtain maximum benefits.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 – 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. NONE.
AGENDA ITEM #9 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE TOWN MANAGER.
Town Manager Rick Davis addressed the Council and reported that the League Conference was very successful. He
stated that he forwarded e-mails to members of the Council relative to some of the sessions that he was able to attend
(sustainability, organizational liability, and good panel discussions on how some of the other cities and towns were
handling the current economic situation, etc.). He said that some of the other municipalities were moving in the same
direction as the Town had over the last six months. He also discussed the State of Arizona/County's Communication
Network and said that this was hopefully an investment on the part of the State to expand the band width of computer
communications, creating a safe environment in which jurisdictions could share information.
Mr. Davis further stated that he had also attended a session on creating vibrant city environments. He said that all the
sessions, including the keynote addresses, were very informative and worthwhile. He thanked the Council for the
opportunity to attend the Conference. He added that he attended the Urban Land Institute (ULI) panel discussion via
computer and he found that discussion to be very valuable as well. He said he believed what he heard validated the
direction that the Town had been moving in and provided quite a few things to think about. He stated that all in all it was
a very good exercise.
Mayor Schlum thanked Mr. Davis for his input.
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The Mayor commented that on the Consent Agenda this evening that the Council had approved some Special Event
applications and encouraged the residents of the Town to attend and enjoy the Oktoberfest celebration on September 24th
through the 25th. He said that following adjournment, they would head over to the first Fountain Hills Falcons football
game that was already in progress.
AGENDA ITEM #10 – ADJOURNMENT.
Councilmember Contino MOVED that the Council adjourn the meeting and Councilmember Elkie SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:32 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 Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 2nd day of September, 2010. I further certify
that the meeting was duly called and that a quorum was present.
Dated this 7th day of October 2010.
_____________________________
Bevelyn J. Bender, Town Clerk