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HomeMy WebLinkAbout2010.1007.TCREM.Minutesz:\council packets\2010\r11-4-10\101007m.docx Page 1 of 6 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL October 7, 2010 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Schlum called the Executive Session to order at 4:36 p.m. AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. REV. STAT. §38-431.03(A)(1), VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, INTERVIEWING CANDIDATES FOR POSSIBLE APPOINTMENT AS THE TOWN'S MUNICIPAL JUDGE). ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Councilmember Leger, Councilmember Hansen, Councilmember Dickey and Councilmember Elkie. Town Manager Rick Davis, Town Attorney Andrew McGuire, Human Relations Administrator Joan McIntosh, Court Administrator Pat Dunn and Town Clerk Bev Bender were also present. Vice Chairman Brown was not present at the meeting. AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION Without objection, Mayor Schlum recessed the Executive Session at 6:28 p.m. and stated that the Executive Session would reconvene after the adjournment of the Regular Session. After the adjournment of the Regular Session at 7:17 p.m. Mayor Schlum reminded Councilmembers they would reconvene in Executive Session in the Fountain Conference Room. Mayor Schlum reconvened the Executive Session at 7:30 p.m. Pat Dunn was not present. The Executive Session adjourned at 7:55 p.m. REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:35 p.m. * INVOCATION – Mr. Fred Widom, Temple of Beth Hagivot * ROLL CALL Present for roll call were the following members of the City Council: Mayor Schlum, Councilmember Contino, Councilmember Leger, Councilmember Elkie, Councilmember Hansen and Councilmember Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Vice Mayor Brown was not present at the meeting. * MAYOR’S REPORT z:\council packets\2010\r11-4-10\101007m.docx Page 2 of 6 (i) The Mayor will read a proclamation declaring October 2010, as Fire Prevention Month Mayor Schlum stated that the Town of Fountain Hills was committed to ensuring the safety and security of all those living in and visiting our State and noted that fire was a serious public safety concern both locally and nationally and homes were where people were at greatest risk to fire. He reported that nearly 3,000 people die each year as a result of home fires and approximately two-thirds of home fire deaths resulted from home fires in which smoke alarms, which cut the chance of dying in a reported fire in half, were not installed. The Mayor emphasized the importance of smoke alarms and their benefits and added that the theme of Fire Prevention Month 2010 was "Smoke Alarms: A Sound You Can Live With!" Mayor Schlum urged all residents of Fountain Hills to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Month and to support the many activities and efforts of Fountain Hills Rural/Metro Fire Department and emergency services. The Mayor declared October 2010 as Fire Prevention Month. (ii) The Mayor will read a proclamation declaring October 2010, as McDowell Mountain Month Mayor Schlum advised that the preservation of the McDowell Mountains and the Sonoran Desert had been established as a high priority for the Town of Fountain Hills and its citizens. He added that it was the desire of the Town to celebrate the unique environment of its Preserve and also the intent of the Town to raise awareness regarding the need to preserve these valuable treasures for future generations. He stated that the first permanent access trail to the Preserve had been completed that linked the McDowell Mountain Regional Park's Dixie Mine Trail to the Preserve's northern boundary via the Sonoran Trail and declared the month of October 2010 as McDowell Mountain Month in Fountain Hills and called upon all citizens to take a moment during the month to appreciate the beauty of this community treasure. (iii) The Mayor will read a proclamation declaring October 4 - 8, 2010, as Customer Service Week Mayor Schlum stated that by Senate Joint Resolution 166, the United States Congress had designated the week of October 4 through October 8, 2010, as "National Customer Service Week" and requested that the President issue a proclamation in observance of this week. He noted that various federal, state and local government officials throughout the country were taking this time to recognize, thank and commend all customer service personnel for the dedicated service they provide to citizens. The Mayor said that the Town Council would like to express its sincere thanks and appreciation for the outstanding service provided to the citizens of the Town on a daily basis by the Customer Service Representatives of the Town and added that they recognize and commend those Representatives for fulfilling the Town's commitment to providing the highest and most efficient level of customer service. Mayor Schlum declared October 4 through October 8, 2010 as Customer Service Week in the Town and respectfully asked all citizens to join in expressing thanks for the outstanding work performed by the Customer Service Representatives of the Town of Fountain Hills. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation by Stephanie Siete, national drug prevention speaker with Community Bridges, relating to marijuana. Stephanie Siete, a national drug prevention speaker and the Director of Public Relations for Community Bridges, addressed the Council and highlighted a brief PowerPoint presentation on this topic. (Copy on file in the office of the Town Clerk.) She outlined her expertise in this area and said she wanted to share with them the impacts that Proposition 203 would have on everyone. Ms. Siete discussed Proposition 203, the 2010 Arizona Medical Marijuana Act, sponsored by the Arizona Medical Marijuana Policy Project (AMMPP - www.stoparrestingpatients.org) and noted that it was important to know that the only agency having oversight of this industry would be the Arizona Department of Health Services. She advised that Proposition 203 would permit any person 18 or older to get a written "certification" for medical marijuana by a Physician (M.D. or D.O., Naturopath or Homeopath) and added that the written certification must state that a patient was likely to receive therapeutic or palliative (soothing, calming, analgesic sedative) benefit from marijuana. She noted that the process was not required to be conducted in person. She discussed the medical conditions that were treatable with Cannabis, including cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS (Lou Gehrig's disease), Crohn's disease, agitation of Alzheimer's or the treatment of these z:\council packets\2010\r11-4-10\101007m.docx Page 3 of 6 conditions; other eligible conditions including any chronic or debilitating disease or any symptoms associated with a medical condition or its treatment that produced wasting syndrome, severe nausea, seizures, severe and persistent muscle spasms and severe and chronic pain; the fact that persons under the age of 18 might receive medical marijuana cards with two Doctor certifications and parent or legal guardian consent and oversight (no minimum age); the fact that marijuana was not an approved drug by the FDA and did not meet any current standards for a prescription drug product; the fact that a cardholder might purchase 2.5 ounces of marijuana every 14 days (100-200 marijuana cigarettes/joints); permitted cultivation of marijuana if patients lived more than 25 miles from a medical marijuana dispensary (up to 12 plants was capable of yielding 1-2 pounds of marijuana and caregivers might grow five times that amount); designated caregivers and the fact that convicted felons might be caregivers and dispensary owners as long as they did not have a violent felony conviction or drug conviction within the last ten years; the fact that non-profit medical marijuana dispensaries were exempt from the taxes imposed under this title; medical marijuana dispensaries and allowed quantities; the fact that Proposition 203 was silent regarding how much marijuana medical dispensaries could grow and cultivate and there was no restriction on cultivation location other than not within 500 feet of a public or private school; marijuana protections, including the prohibition of discrimination; law enforcement prohibitions; "drugged driving;" and limits on cannabis conduct. Ms. Siete thanked the Council for allowing her the opportunity to address them and pointed out some major concerns from the public's standpoint. She also indicated her willingness to respond to questions. Mayor Schlum thanked Ms. Siete for her presentation. Councilmember Dickey expressed appreciation to Ms. Siete for expressing her concerns and experiences and said that everyone had received a booklet from the Secretary of State's Office containing all of the Propositions and full discussion from both sides on all of the issues. She encouraged everyone to look at both sides of each proposition and conduct their research. Councilmember Dickey noted that Ms. Siete had provided the website for the sponsors of this particular proposition and in the interest of informed voting, emphasized the importance of voters reviewing all of the information before casting their votes. (ii) Presentation by the Employee Activities and Innovation Committee Chair Raymond Rees regarding the Keep the Fountain Beautiful Initiative (Take Pride in Fountain Hills Day - October 23, 2010, and Greater American Clean Up Day - March 2011). Employee Activities and Innovation Committee Chairman Raymond Rees addressed the Council and introduced members of the Committee present at the meeting. He advised that currently the Committee was working on the Take Pride in Fountain Hills Day and Food Drive and noted that the Council had all received a gift bag that was also being given to all of the volunteers. Mr. Rees highlighted a brief presentation on the event and noted that the Committee's main focus was on Town Buildings and this year they were also working with all of the schools. He discussed efforts expended to work with the businesses, which were placing flyers in all of their windows and reported that the kick off for the event would take place on October 23, 2010, from 9:00 a.m. until 12:00 p.m. at Golden Eagle Park. He also discussed the Greater American Clean Up Day, which would take place on March 20, 2011. He discussed partnerships that had been formed and said that Phoenix would be the leader in the National Clean Up Day and was looking for neighboring communities to participate in that event. He said that their goal was to form a community-based affiliation with "Keep America Beautiful" and they could call that "Keep Fountain Hills Beautiful." He noted that the committee would be composed of faith-based groups, civic organizations, local residents, schools and staff. He added that the Committee was looking for sponsorships or a grant to fund the initial "Keep Fountain Hills Beautiful" organization. He reported that the "Keep America Beautiful" team would come into Town and provide direction on how to conduct a successful event and would provide support to that Committee throughout the year. Discussion ensued to other events including Earth Day, Take Pride Day, Adopt a Park events, etc. as well and Mr. Rees indicated his willingness to respond to questions. Mayor Schlum thanked Mr. Rees for his presentation and expressed appreciation to the members of the Committee and everyone involved in these important events, which would benefit the entire Town. z:\council packets\2010\r11-4-10\101007m.docx Page 4 of 6 Councilmember Elkie also thanked Mr. Rees and the members of the Committee and said that this would be a wonderful event and encouraged participation. He spoke very highly of last year's very successful event and commended everyone involved. CALL TO THE PUBLIC None. Mayor Schlum and Councilmember Hansen discussed Homecoming Week and the great parade that had taken place yesterday evening. They noted that the game would take place on Friday night and tailgating at Golden Eagle Park. They encouraged attendance at the festivities. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM SEPTEMBER 2, 14, 16, 21 AND 23, 2010. AGENDA ITEM #2 – CONSIDERATION OF A ACCEPTING TEN PIECES OF ART FOR PUBLIC DISPLAY AT THE COMMUNITY CENTER AND TOWN HALL UNDER THE PUBLIC ART MASTER PLAN. AGENDA ITEM #3 – CONSIDERATION OF RESOLUTION 2010-38, DESIGNATING THE TOWN MANAGER AS THE AUTHORIZED AGENT AS REQUIRED FOR APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT FUNDS (FEMA). Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Contino SECONDED the motion. A roll call vote was taken as follows: Councilmember Dickey Aye Mayor Schlum Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Vice Mayor Brown Absent Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY by those present (6-0). REGULAR AGENDA AGENDA ITEM #4 CONSIDERATION OF APPOINTING FOUR CITIZENS TO SERVE A TWO-YEAR TERM BEGINNING OCTOBER 1, 2010 THROUGH SEPTEMBER 20, 2012, ON THE PLANNING AND ZONING COMMISSION. Mayor Schlum MOVED to appoint Stan Connick, Richard Holper, Angela Strohan and Richard Turner and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The Mayor, Council and audience acknowledged the newly appointed members who were present in the audience and thanked them for their willingness to serve the Town. AGENDA ITEM #5 - CONSIDERATION OF ACCEPTING THE RECOMMENDATIONS OF THE FOUNTAIN LAKE ISLANDS CITIZEN COMMITTEE TO DEVELOP AND MAINTAIN THE THREE ISLANDS AS NATURAL AREAS. z:\council packets\2010\r11-4-10\101007m.docx Page 5 of 6 Parks & Recreation Director Mark Mayer addressed the Council relative to this agenda item and said that approximately two years ago, Mr. Schmitt had appeared at a Council meeting and discussed the possibility of coming up with a long- range policy and strategy regarding the development and maintenance of the three islands as natural areas (establish them as more natural looking, utilizing native low-water plants and attracting wildlife). He advised that at that meeting the Council had provided direction and asked Mr. Schmitt to discuss the proposal with the Parks & Recreation Commission, which he did, and the Commission voted unanimously to recommend to the Town that the Council accept and implement Mr. Schmitt's plan as proposed. Mr. Schmitt highlighted a brief PowerPoint presentation on this agenda item (Copy available in the office of the Town Clerk.) The presentation discussed project history, the Native Cactus Island, which was the biggest island in the lake and provided a backdrop for the amphitheater as well as the best shade and cover for all of the wildlife on the lake, additional plantings to present a scenic native desert planting, the management of non-native grasses and weeds, the importance of keeping cacti and trees and possible additions from a select list that was provided, native cactus island visitors; Playa Island, near the north shore of the lake, which served as a resting spot for many waterfowl and shore birds, the fact that Playa Island was most affected by the Fountain spray, which increased salt content in the soil and was currently overwhelmed with weeds, the importance of keeping existing cacti and trees and possible shrub and flowering plant additions from a provided list; Shorebird Island, which enhanced and was part of the Veterans' Memorial and the fact that it currently had one large shade tree and was otherwise bare, the fact that because of more extensive shallow water areas, the island attracted a diverse array of wading birds, the committee's recommendation that the Island should be planted with wildflowers and short native, non-invasive grasses to coordinate with the flower garden to be planted adjacent on the shore near the Veterans' Memorial, the importance of maintaining the existing tree and planting flowering additions from a list provided, Shorebird Island and issues to be addressed for island improvements, both physical needs and actions and specific criteria needed for a comprehensive Island plan. Mr. Mayer stated that a public meeting was held at the Community Center on Monday, September 27, 2010, to make a presentation of the group's recommendations and to receive comments from the public. He reported that those in attendance spoke in favor of the project being adopted and implemented. Mr. Mayer added that there was also a lengthy front page article in the September 22nd issue of The Times about what was being proposed for the islands in Fountain Park. Mr. Mayer advised that staff also recommended the acceptance of the plan as proposed by Mr. Schmitt and his committee for the restoration and long-term management of the islands as natural areas and indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Mayer for his presentation and commended Mr. Schmitt and his committee for the fantastic work they had put into this project. Members of the Council also spoke in support of the proposal as presented and Councilmember Dickey noted that the project was compatible with the "Greening" part of the Centennial. She added that a project such as this required civic involvement and noted that information on this important project was available on line. Councilmember Leger MOVED to approve the recommendations of the Fountain Lake Islands Citizen Committee and to restore and to maintain the islands in the future as natural areas for the benefit of citizens and wildlife and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). 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 z:\council packets\2010\r11-4-10\101007m.docx Page 6 of 6 AGENDA ITEM #17 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. None. AGENDA ITEM #18 - ADJOURNMENT Councilmember Contino MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 7:17 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 7th day of October 2010. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of November 2010. _____________________________ Bevelyn J. Bender, Town Clerk