HomeMy WebLinkAbout2010.0916.TCREM.Minutesz:\council packets\2010\r10-7-10\100916m.docx Page 1 of 12
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
September 16, 2010
EXECUTIVE SESSION AGENDA
CALL TO ORDER
Mayor Schlum called the Executive Session to order at 5:10 p.m. in the Town Hall Council Chambers.
AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT
TO A.R.S. REV. STAT. §38-431.03(A)(4), DISCUSSION OR CONSULTATION WITH THE
ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT
ITS ATTORNEYS REGARDING THE PUBLIC BODY’S POSITION REGARDING CONTRACTS
THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED
LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR
RESOLVE LITIGATION (SPECIFICALLY, RELATING TO NEGOTIATION OF A SOLID WASTE
HAULER CONTRACT.).
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 Dickey and Councilmember Elkie. Town Manager Rick Davis, Town Attorney Andrew
McGuire, Raymond Rees, Paul Mood and Town Clerk Bev Bender were also present.
Vice Mayor Brown MOVED to convene the Executive Session at 5:10 p.m. and Councilmember Dickey
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION
Mayor Schlum MOVED to adjourn the Executive Session at 6:25 p.m.
REGULAR SESSION AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Schlum called the meeting to order at 6:33 p.m.
* INVOCATION – Bishop Jerry Olson, Church of Jesus Christ of Latter Day Saints
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Schlum, Councilmember Contino,
Councilmember Leger, Vice Mayor Brown, Councilmember Elkie, Councilmember Hansen and
Councilmember Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev
Bender were also present.
* MAYOR’S REPORT
(i) The Mayor will read a proclamation declaring September 27, 2010 Family Day - A Day to Eat Dinner
with Your Children.
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Mayor Schlum read a proclamation into the record declaring September 27, 2010, Family Day - A Day to Eat
Dinner with Your Children. The Mayor stated that the use of illegal and prescription drugs and the abuse of
alcohol and nicotine constituted the greatest threats to the well-being of America's children. He added that
parents who were engaged in their children's lives were less likely to have children who abused substances. He
noted that the Boys and Girls Club of Greater Scottsdale -- McKee Branch would be holding National Kids Day
on Saturday, September 25th, from 10:00 a.m. to 2:00 p.m., to celebrate kids and family in Fountain Hills.
Mayor Schlum advised that family dinners had long constituted a substantial pillar of family life in America and
reported that frequent family dining was associated with lower rates of teen smoking, drinking, illegal drug use
and prescription drug abuse and proclaimed Monday, September 27, 2010, as Family Day - A Day to Eat Dinner
with Your Children and urged all citizens to recognize and participate in its observance.
(ii) The Mayor will read a proclamation declaring September 17, 2010 as Constitution Commemoration
Day.
Mayor Schlum read a proclamation into the record declaring September 17, 2010, as Constitution
Commemoration Day. He stated that the Constitution of the United States was signed 222 years ago on
September 17, 1787, to form "a more perfect Union, establish Justice, insure domestic Tranquility, provide for
the common defense, promote the general welfare and secure the Blessings of Liberty to ourselves and our
Posterity." He added that this cherished document, born of spirited contention and gracious compromise,
provided the natural gateway to that study of our past, which might enlighten the charting of our future. The
Mayor noted that we all shared in the blessings granted by the Constitution and the responsibility of ensuring
that those blessings fall upon all our people. He advised that as they marked the 223rd anniversary of our
nation's founding document, we celebrated the effort, dedication and wisdom of our Founders and the blessings
of liberty that resulted from their labors. Mayor Schlum proclaimed September 17, 2010, Constitution
Commemoration Day and heartily encouraged the citizens of Fountain Hills to study the duties of citizenship
and renew their dedication to the principles of the Constitution.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Update by Chair Jerry Butler, Greening of Downtown Committee, regarding the progress of the
landscaping of Fountain Park.
Jerry Butler, Chair of the Greening of Downtown Committee, highlighted a brief presentation on the progress of
the landscaping of Fountain Park. (Copy available in the office of the Town Clerk.)
Mr. Butler advised this was a public/private cooperative effort entered into by the Town of Fountain Hills, the
Chamber of Commerce, and the Fountain Hills Cultural and Civic Association, which had formed the Greening
of Downtown Volunteer Committee.
Mr. Butler reviewed the progress report since March of this year and noted that the Committee's efforts had
resulted in the planting of 40 trees (on Arbor Day 2020), generated donations amounting to $42,000 and had
been recognized as an official Arizona Centennial Legacy project. He discussed project objectives, which
included expanding shade areas and improving the ambiance of the downtown area and Fountain Park in an
effort to attract residents, visitors and investors. He noted that planned activities for October 2010 included the
planting of 18 trees east of Veteran's Memorial, developing two water gardens, and developing two gardens -- a
wildflower garden and a lot-water demonstration garden and installing commemorative columns. He advised
that a promotion video on the project could be seen on YouTube and encouraged residents to also visit the
website at www.fountainhillscca.org and to send questions or comments to FHGreening@cox.net.
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Mr. Butler stressed that the key to success was receiving donations and noted that a gift built a lasting legacy.
He thanked everyone who had donated their time, efforts, money, and encouraged everyone to become involved
in this very worthwhile project.
Mayor Schlum thanked Mr. Butler and the members of the committee for their outstanding efforts to improve
the aesthetics of the Town.
Councilmember Elkie also thanked Mr. Butler and the Committee members and asked where the second column
would be placed.
Mr. Butler advised that it would be placed in the same area and noted that there was sufficient room for three to
five columns.
Councilmember Hansen also expressed appreciation and asked when the four projects would be completed.
Mr. Butler reported that they could not begin before October 1st due to grant restrictions in order to have the
funds apply to the project. He said that they wanted to be out of the area no later than November 5th and said
that the Veteran's Memorial Service would take place on November 11th.
Mayor Schlum commented that the project looked terrific and the ideas were awesome. He added that this was
truly a community effort. He said that the Committee had done a great job and the presentation had been very
informative.
In response to a question from Councilmember Dickey, Mr. Butler advised that the Committee had started out
looking at four different types of leaves and had narrowed it down to one leaf style in four different sizes. He
explained that they had to start removing some of the sharp edges that were on the other leaves.
The Mayor urged the members of the Council to reach out directly to Mr. Butler with any comments they might
have and again thanked everyone involved.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM AUGUST 19, 2010.
AGENDA ITEM #2 – CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY ROBERT D. SCHMITZ (AMERICAN LEGION POST 58) FOR THE PURPOSE OF
A FUNDRAISING EVENT, LOCATED AT 16839 E. PARKVIEW AVENUE, FOUNTAIN HILLS, AZ,
SCHEDULED TO BE HELD ON FRIDAY AND SATURDAY, NOVEMBER 12 AND 13, 2010 FROM
9:00 A.M. TO 10:00 P.M.
AGENDA ITEM #3 – CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY JOEL EDWARD SCHAFER AS AGENT FOR RP SUNRIDGE LLC, DBA
SUNRIDGE CANYON GOLF CLUB, LOCATED AT 13100 N. SUNRIDGE DRIVE, FOUNTAIN
HILLS, AZ. THIS IS FOR A SERIES 06 - BAR LICENSE REPLACING EXISTING LICENSE DUE
TO OWNERSHIP CHANGE.
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AGENDA ITEM #4 CONSIDERATION OF AN APPLICATION FOR EXTENSION OF
PREMISES/PATIO PERMIT SUBMITTED BY SAMUEL D. COFFEE (AMVETS POST NO. 7) FOR
THE PURPOSE OF PROVIDING SPACE FOR FOOD AND BEVERAGE SERVICE FOR A GOLF
TOURNAMENT EVENT, LOCATED AT 17030 E. ENTRPRISE DRIVE, FOUNTAIN HILLS, AZ,
SCHEDULED TO BE HELD ON SATURDAY, SEPTEMBER 18, 2010.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING AN APPLICATION FOR LIQUOR STORE
(SERIES 9) SAMPLING PRIVILEGES SUBMITED BY MICHAEL JOSEPH BASHA, (BASHA'S #47)
LOCATED AT 16605 EAST PALISADES BOULEVARD, FOUNTAIN HILLS, AZ.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING AN APPLICATION FOR LIQUOR STORE
(SERIES 9) SAMPLING PRIVILEGES SUBMITTED BY SAFEWAY, INC., (SAFEWAY FOOD &
DRUG) LOCATED AT 13733 FOUNTAIN HILLS BOULEVARD, FOUNTAIN HILLS, AZ.
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2010-34, CORRECTING THE STREET
NAME IN NOTE 5 IN THE EAGLES NEXT PARCEL 10 RECORDED PLAT, FROM "FOUR PEAKS
COURT" TO "VISTA DEL MONTE."
AGENDA ITEM #8 - CONSIDERATION OF A SPECIAL EVENT APPLICATION SUBMITTED BY
RACE PLACE EVENTS, FOR THE TOUR DE SCOTTSDALE BICYCLE RACE, SCHEDULED TO
BE HELD OCTOBER 3, 2010, FROM 8:00 A.M. TO 10:00 A.M., WITH CYCLISTS TRAVELING
THROUGH FOUNTAIN HILLS SOUTHBOUND ALONG FOUNTAIN HILLS BOULEVARD AND
WESTBOUND ALONG SHEA BOULEVARD.
Councilmember Elkie MOVED to approve the Consent Agenda 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 #9 – CONSIDERATION OF RESOLUTION 2010-36, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
RELATING TO PROPOSITION 202 FUNDING.
Councilmember Dickey advised that she would abstain from any discussion/consideration of this agenda item
due to a potential conflict of interest.
Deputy Town Manager/Finance Director Julie Ghetti addressed the Council relative to this agenda item and
advised that the resolution before them this evening authorized the distribution of funds by the Fort McDowell
Yavapai Nation to community organizations. She advised that the Indian Gaming Reservation and Self Alliance
Act, known as Proposition 202, had been placed on the ballot in November 2002 and had been approved by the
voters. She noted that the Proposition allowed the Tribe to contribute money to organizations of their choosing
for services that benefits the general public, such as Public Safety, mitigation of impacts of gaming and the
promotion of commerce and economic development. Ms. Ghetti added that the terms of the Proposition
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provided that Tribal contributions be passed through a municipality, which was why an Intergovernmental
Agreement with the Fort McDowell Yavapai Nation was being presented to the Council tonight (in order to
disperse the funds).
Ms. Ghetti stated that Fort McDowell had submitted a check to the Town in the amount of $152,332 for FY
2010 for the following agencies:
River of Time Museum $10,852.00
Liberty Wildlife Rehabilitation 2,000.00
Fountain Hills Community Theater 1,000.00
Chamber of Commerce 52,000.00
Fountain Hills Unified School District #98 86,480.00
Ms. Ghetti noted that Resolution 2010-36 authorized the distribution of funds to the above-listed agencies. She
advised that Fort McDowell had made contributions to various groups since 2003 and added that past recipients
had included the Fountain Hills Boys & Girls Club, the Food Bank, the Fountain Hills School District and
others. She stated that applying for these grants had been anticipated and was included in the Fountain Hills
Fiscal Year Budget under Miscellaneous Grant Requests. Ms. Ghetti indicated her willingness to respond to
questions from the Council.
Vice Mayor Brown MOVED to approve Resolution 2010-36 and Councilmember Elkie SECONDED the
motion.
Mayor Schlum thanked Ms. Ghetti for the presentation and noted that quite a few requests for the funding had
been received this year. Ms Ghetti, in response to a question from the Mayor, confirmed that all of the proposed
requests had met the specific criteria.
The motion CARRIED UNANIMOUSLY by those voting (6-0) with Councilmember Dickey abstaining.
AGENDA ITEM #10 – CONSIDERATION OF RESOLUTION 2010-37, AUTHORIZING THE THIRD
AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC
TRANSPORTATION AUTHORITY (RPTA) RELATING TO BUS TRANSIT SERVICE.
Town Manager Rick Davis addressed the Council relative to this agenda item and advised that staff was
bringing this forward tonight as an amendment to include some language that had not been included in the
agreement in the past relative to a State mandated requirement -- the E-Verify language that a lot of agreements
carry now. He said that this was really a "housekeeping issue" related to this particular agreement and indicated
his willingness to respond to questions from the Council.
Mayor Schlum thanked Mr. Davis for the presentation.
Councilmember Hansen MOVED to approve Resolution 2010-37 and Vice Mayor Brown SECONDED the
motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
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AGENDA ITEM #11 – CONSIDERATION OF A TEMPORARY USE PERMIT FOR "ART ON THE
AVENUE/FARMERS' MARKET," REPEATING OUTDOOR RETAIL SALES EVENTS FOR THE
FALL 2010. CASE #TU2010-06.
Planner Gene Slechta addressed the Council relative to this agenda item and said that the Council was being
asked to approve a Temporary Use Permit (UP) for the Art on the Avenue/Farmer's Market, repeating outdoor
sales events for the fall of 2010. He advised that the event would take place on the Avenue of the Fountains
Town median between La Montana Drive and Saguaro Boulevard. The events would be held each Thursday in
the Fall from October 7th through December 30th between the hours of 11 a.m. and 5 p.m. Exceptions to this
schedule were November 11th (Fall Festival and Veterans' Day) and November 25th (Thanksgiving). He noted
that the request had been posted and notices had been mailed and no inquiries or objections had been received.
He added that the Fountain Hills Zoning Ordinance (Section 5.16.B.4) allowed for these types of events and said
that all aspects of the regulation would be met and advised that repeating events such as this required Council
approval. He informed the Council that requests could only be submitted on an annual basis so it was very
likely that the groups would submit a request for an additional TUP later this year for events to be held early
next year. He said that staff recommended approval of the request for the permit and indicated his willingness
to respond to any questions from the Council. He added that the applicant, Charlotte McCluskey, would like to
say a few words.
Mayor Schlum thanked Mr. Slechta for his presentation.
Ms. McCluskey addressed the Council and thanked them for the opportunity to speak this evening. She said that
they spoke last time about opening the space up somewhat because they had plenty of room on the east end of
the Avenue of the Fountains (open it up for some non-profit and school organizations in Town). She stated that
this might present some fundraising opportunities for the groups. Ms. McCluskey advised that she had
contacted the School District and they were going to have a series of art and music events starting on the second
Thursday in October and added that they have had a good response as well from the art groups and music groups
and were in the process of organizing exhibition space so that student artists could sell their wares if they choose
to do so.
Ms. McCluskey further stated that they were formally putting out a proposal to all of the non-profit
organizations to allow them to schedule events or sell tickets and promote knowledge and information about the
various types of cultural events they had in Town. She advised that they look forward to expanding and had
received numerous applications. She said that that organization had been encouraged to obtain sales permits
were now very proud of themselves because they only had to re-up and that was moving along well. She
thanked the Council for their ongoing support and said that her group had also taken over the handling of the
trash so no employees would be needed to handle this task. She added that they were looking forward to a good
year and had received a fair amount of inquiries from across the Valley as to whether they were going to expand
and continue to the events. Mayor Schlum thanked Ms. McCluskey for her presentation and hard work.
Councilmember Hansen MOVED to approve the Temporary Use Permit for Art on the Avenue/Farmer's Market
as requested and Councilmember Elkie SECONDED the motion.
Councilmember Hansen asked if an extension could be granted so that events such as this would not have to go
through the entire process every year.
Town Attorney Andrew McGuire responded that a Code amendment would be needed and said that staff could
look into establishing a process for such extensions instead of having to re-up every calendar year.
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Councilmember Hansen stated that perhaps it could be done on a seasonal basis rather than a calendar basis and
Mr. McGuire noted that that provision of the Code had not been reviewed for several years so staff could
certainly take a look at that.
Mayor Schlum spoke in favor of Councilmember Hansen's suggestion. There were no citizens wishing to speak
on this agenda item. The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #12 - CONTINUANCE OF THE PUBLIC HEARING FOR ORDINANCE 10-04 TO
THE OCTOBER 7, 2010 TOWN COUNCIL MEETING, A TEXT AMENDMENT TO FOUNTAIN
HILLS ZONING ORDINANCE. IF ADOPTED, THE AMENDMENT WILL CREATE A NEW
CHAPTER 22 - PRODUCTION HOUSING REGULATIONS, WHICH WILL PROVIDE MINIMUM
REQUIREMENTS FOR DEVELOPING PRODUCTION OR TRACT HOUSING. CASE#Z2010-01.
Mayor Schlum stated that Agenda Items #12 and #13 would be discussed/acted upon at one time.
Mayor Schlum declared the public hearing open at 7:10 p.m. Ms. Bender advised that there were no citizens
wishing to speak on Agenda Items 12 and 13.
Senior Planner Bob Rodgers addressed the Council relative to Agenda Items 12 and 13 and advised that staff
was requesting that these items be continued to the October 7th meeting to provide additional time to do "word
smithing" on the actual ordinance.
Mr. McGuire advised that the motion should be to continue the Public Hearing and the date specific so that they
did not have to re-advertise.
Councilmember Leger asked whether it would be appropriate to provide input at this time and Mr. McGuire said
that would be fine. Councilmember Leger said that one of the things he would suggest was in Title 22, as it said
"Production Housing Regulations". He stated that people had passed on to him that when they saw the term
"Production Housing" they had thought of mobile homes. He added that he knew that the definitions defined
Production Housing as Track Developments and perhaps staff could consider that title (Production - Track
Housing Development Regulations).
Vice Mayor Brown asked if it would be possible to move these items to October 21st meeting instead of the 7th.
Mr. McGuire responded that as long as they continued the items to a date specific it did not matter which date
they choose.
Mayor Schlum declared the public hearing closed at 7:10 p.m.
Councilmember Dickey MOVED to continue the Public Hearing and adoption of a proposed Zoning Ordinance
text amendment adopting a new Chapter 22 - Production Housing Regulations to the October 21, 2010 Regular
Council meeting and Vice Mayor Brown SECONDED he motion, and the motion CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #13 - CONTINUANCE OF THE CONSIDERATION OF ORDINANCE 10-04 TO THE
OCTOBER 7, 2010 TOWN COUNCIL MEETING, A TEXT AMENDMENT TO FOUNTAIN HILLS
ZONING ORDINANCE. IF ADOPTED, THE AMENDMENT WILL CREAT A NEW CHAPTER 22 -
PRODUCTION HOUSING REGULATIONS, WHICH WILL PROVIDE MINIMUM
REQUIREMENTS FOR DEVELOPING PRODUCTION OR TRACT HOUSING. CASE#Z2010-01.
For discussion of this item, see Agenda Item #12 above.
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AGENDA ITEM #14 - CONSIDERATION OF AUTHORIZING THE TRANSFER OF
APPROPRIATION FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE FIRE
DEPARTMENT EQUIPMENT LINE ITEM IN THE AMOUNT OF $19,518.24 TO PURCHASE
FIFTEEN (15) AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDs).
Assistant Fire Chief Randy Roberts addressed the Council relative to this agenda item and said that at a previous
meeting the Council had moved to proceed with the purchase of fifteen (15) Automatic External Defibrillators
(AEDs) and tonight staff was asking for approval of the transfer of the appropriation from the General Fund
Contingency Line Item to the Fire Department Equipment Line Item in the amount of $19,518.24 for the
purchase. He advised that a competitive bid process had taken place and staff recommended purchasing the
equipment from the Cardiac Science Corporation.
Councilmember Dickey MOVED to approve the transfer of appropriation from the General Fund Contingency
Line Item to the Fire Department Line Item in the amount of $19,518.24 to purchase fifteen (15) AEDs and
Councilmember Hansen SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
In response to a question from Councilmember Leger, Assistant Fire Chief Roberts stated that a majority of the
Town's AEDs had been purchased through Cardiac Science Corporation and it would be great to have the same
type of units that were already in place.
Mayor Schlum thanked Assistant Fire Chief Roberts for his presentation and also thanked Phil Gaziano for
keeping this in mind, assisting with funding and helping the Town through this process. He said that he always
appreciated the assistance of the public.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #15 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING A
FIREWORKS ORDINANCE.
Assistant Chief Randy Roberts addressed the Council relative to this agenda item and provided a brief overview
of the staff report on this issue (Copy available in the office of the Town Clerk). He discussed significant data
on the safety of consumer fireworks or the lack thereof provided by the National Fire Protection Association as
well as the CDC. Assistant Fire Chief Roberts reported that on Independence Day in a typical year far more
U.S. fires were reported than at any other time during the year as fireworks had caused more than half of those
fires. He advised that in 2008 fireworks caused an estimated 22,500 fires, including 1,400 structure fires, 900 of
which were house fires, 500 vehicle fires and 20,600 outside and other fires. He added that the fires resulted in
civilian injuries and deaths and $42 million in property damage. He noted that in that same year, U.S. hospital
emergency rooms treated an estimated 7,000 people for fire injuries and that included 7 deaths. He informed the
Council that approximately 32% of those injuries came from the type of consumer fireworks that they would be
talking about this evening.
Assistant Fire Chief Roberts further stated that House Bill 2246 would become law after November 30th. He
said that this new law would allow the sale and use of consumer fireworks in the State of Arizona. He added
that the law would allow municipalities the option to regulate or ban the use, but not the sale of consumer
fireworks. He advised that the Fire Department was recommending that the Council consider the proposed draft
ordinance and direct staff to proceed and said that this would have the effect of banning the use of consumer
fireworks in the Town of Fountain Hills.
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Assistant Fire Chief Roberts said that wildfires were a very significant concern to the Fire Department and they
worked very hard protecting homes and property. He added that frequently there were signs displayed saying
that fire danger was very high or likely and it was very rare that the possibility of such fires were low. He noted
that often the only thing lacking was an ignition source and that was what these types of fireworks provided. He
advised that fortunately in this Bill there was a provision that allowed cities and towns to regulate their use and
staff felt that this was the opportunity to bring an ordinance before the Council and obtain their input. He urged
the Council to approve a complete ban on the use of consumer fireworks in the Town and said that he, Fire
Chief LaGreca, and the entire Department supported this ban for the safety and welfare of the entire community
and surrounding areas.
Assistant Fire Chief Roberts provided a brief overview of the proposed ordinance which came from the League
of Arizona Cities & Towns (Copy available in the office of the Town Clerk), which discussed definitions, and
provided prohibited fireworks and exceptions, the sale of fireworks, posting of signs by persons engaged in the
sale of fireworks and associated civil penalty, authority to enforce violations of the article and enforcement,
liability for emergency responses related to the use of fireworks and definitions and the penalty for violation.
Assistant Fire Chief Roberts also provided the Council with options relative to allowing some level of consumer
fireworks use, such as:
* Use limited only to specific dates or special events such as Fourth of July (usually a time of high fire
danger), New Years Eve, Super Bowl Sunday, etc.
* Certain hours of the day or night
* Prohibition on use in public parks or other public space
* Prohibition during times of high fire danger
Assistant Fire Chief Roberts stated that the Department looked forward to completing the ordinance and
obtaining Council input on this important issue. He indicated his willingness to respond to questions from the
Council.
Mayor Schlum thanked Assistant Fire Chief Roberts for his presentation. There were no citizens wishing to
speak on this agenda item.
Mayor Schlum asked what the current prohibition on fireworks was and Assistant Fire Chief Roberts replied that
right now no use of consumer fireworks was allowed; they were allowed by permit only and novelty items were
allowed. He added that the only change would be the use of consumer fireworks.
The Mayor asked if they would be adding a new definition in the ordinance that was not in place at this time and
Assistant Fire Chief Roberts said that they would be banning the use of consumer fireworks, which the new law
would allow. He said they were currently banned but with the new law they would be allowed in the State of
Arizona.
Mayor Schlum asked if the "carve outs" outlined were currently in the ordinance and Assistant Fire Chief
Roberts responded that they were not; they were suggestions if the Council decided to go against the complete
ban. The Mayor commented that if they did not do anything, consumer fire use would be allowed and the
Assistant Fire Chief concurred.
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Councilmember Elkie referred to Section 1-5(C) of the proposed ordinance, which stated, "A Maricopa County
Sheriff Deputy or the Town Attorney might issue criminal complaints to enforce this article." He asked whether
that should be the Town Prosecutor instead of the Town Attorney.
Town Attorney Andrew McGuire stated that he would support having the Town Prosecutor carry out that task
but added that he would be happy to do so if the Council so desired.
Councilmember Elkie also referred to the last Section dealing with Penalties (1-7), which stated, "The penalty
for violating any prohibition or requirement imposed by this article was a class three misdemeanor unless
another penalty was specifically provided for" and said he wanted to make sure that a civil penalty or violation
did not fall under the criminal penalty. He added that he wanted to be sure that there was no ambiguity there;
that if someone sells but did not ignite them that they were not looking at a class three misdemeanor when it
should just be a civil penalty.
Mr. McGuire explained that the League's ordinance was written with a "broad brush" and would require some
customization. He said that they would need some feedback from the Council on whether they wanted to treat
them differently -- the use of, being a civil penalty and the sale of, being a criminal violation. He stated that the
League had designated a class three misdemeanor but under the current Code it would be a class one
misdemeanor, if not specifically designated.
Councilmember Elkie advised that his concern was transferring some type of authority to the Fire Department or
the Town Attorney would or could amount to being a criminal complaint.
Mayor Schlum said that he was hearing that they need to discuss both sale and use penalties and Mr. McGuire
said they were looking to find out whether the Council wants to treat the use as any type of misdemeanor,
whether class one or class three, or whether they want them to be civil penalties. He added that if they do, then
they would have to set up a civil process that allows for that. He noted that if someone continuously commits
civil violations, it would evolve into a criminal violation.
Councilmember Dickey asked what the violation was now, before the Bill becomes law, what happens (penalty
wise regarding the sale or use)?
Mr. McGuire replied that he believed that they were silent as to the use of fireworks because they had been
banned by the State so it was a State penalty and there were no local provisions because they did have to worry
about them. He added that this was going to give them the opportunity to "carve out" if they wanted. He said
that they could certainly parallel the State's penalty if they so desired.
Discussion ensued relative to the fact that this was an actual change to State law to allow the use of consumer
fireworks; the fact that whether violations were deemed a civil or criminal was being left up to the cities and
towns; the fact that cities and towns could specifically affect the use but not the sale; the fact that previously
State regulations governed the sale of some consumer fireworks and this was "opening up the door;" the fact that
in the past the State defined fireworks and they were all banned for consumer use and now the State law
separated consumer and display fireworks into two areas and treated them from there (new language); display
fireworks were the only type of fireworks previously allowed; the fact that what was being proposed by the
Department only deals with consumer fireworks and did not talk about display fireworks, which were still
allowed with permits; the fact that novelty items such as caps that were allowed before were still allowed;
examples of consumer fireworks including hand held sparkling devices, illuminating torches, toy smoke devices,
firework devices, etc.; the fact that a typical sparkler burns at approximately 1200 degrees and caused a lot of
damage/injuries every year; and fines and penalties imposed by the State.
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Councilmember Dickey said that if they made a motion it would really be to ask staff to draw up an ordinance
and how much flexibility would be in there -- if they just said let's go ahead and put an ordinance together that
would ban it, if people were uncomfortable with the violation part of this, would that be something that was still
open for discussion or should they just go with the Class 3?
Mr. McGuire responded that there were any number of different options -- they could have a civil penalty
provision, they could have a Class 3 Misdemeanor be the standard penalty -- there were a number of things they
could do. He said that many of them would be surprised to find out how many violations were Class 1
Misdemeanors in Town. He added that staff was looking for some direction from the Council tonight on
whether they wanted a blend of the two violations or just civil or misdemeanor so they knew how to draft the
ordinance.
Councilmember Dickey said that in her opinion trying to stay with what existed now and the way it was written
would be something that made sense to her. Councilmember Hansen indicated that she concurred with
Councilmember Dickey's comment.
Councilmember Dickey MOVED to provide direction that staff proceed to finalize the fireworks ordinance that
includes a ban on the use of consumer fireworks in the Town of Fountain Hills and Councilmember Hansen
SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #16 – 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 #17 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT
ACTIVITIES BY THE TOWN MANAGER.
Town Manager Rick Davis reminded the Council that on October 12th a Work Study would be held to discuss
the Capital Improvement Plan, provide a preview of the audit and discuss other items of interest. He added that
it would be an opportunity for them to "kick off" the budget season.
Mr. Davis added that letters of invitation would be sent out regarding the Town/City Collaboration and
Economic Summit that would be held on January 13th; he said that staff was eager to find out what the interest
level was among neighboring communities and would let the Council know how that process went. He said that
they were moving forward on that initiative.
Councilmember Hansen requested that the issue of reoccurring temporary use permits be kept on the radar
screen as a follow up to tonight's discussion.
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AGENDA ITEM #18 - ADJOURNMENT
Councilmember Contino MOVED to adjourn the meeting and Vice Mayor Brown SECONDED the motion,
which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:32 p.m.
TOWN OF FOUNTAIN HILLS
By __________________________
Jay T. Schlum, Mayor
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 Executive and
Regular Session held by the Town Council of Fountain Hills on the 16th day of September 2010 in the Town
Hall Council Chambers. 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