Loading...
HomeMy WebLinkAbout2010.1118.TCREM.Minutesz:\council packets\2010\r12-16-10\101118m.docx Page 1 of 7 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL November 18, 2010 CALL TO ORDER Mayor Schlum called the Executive Session to order at 5:02 p.m. in the Fountain Conference Room at Town Hall. AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Councilmember Hansen, Vice Mayor Brown, Councilmember Elkie and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Rick Davis and Town Clerk Bev Bender were also present. (Councilmember Leger arrived at the meeting at 5:03 p.m. and Director of Community Development Paul Mood and Senior Planner Bob Rodgers were in attendance with Mr. Mood and Mr. Rodgers leaving at 5:40 p.m. Due to a conflict of interest regarding Agenda Item #3, Councilmember Hansen left the room at 6:00 p.m.) VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38-431.03(A)(3), DISCUSSION OR CONSIDERATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY, RELATING TO PROPOSITION 203 AND A PROPOSED PUBLIC SAFETY DISTRICT); AND PURSUANT TO §38-431.03(A)(7), DISCUSSION OR CONSULTATION WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY (SPECIFICALLY, THE LOCATION OF A PROPOSED FIRE STATION). AGENDA ITEM #2 - ADJOURN TO REGULAR SESSION Mayor Schlum advised that without objection, the Executive Session adjourned at 6:20 p.m. REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:30 p.m. in the Fountain Hills Town Hall Council Chambers. * INVOCATION by Pastor Tony Pierce First Baptist Church * ROLL CALL Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Councilmember Leger, Councilmember Hansen, Vice Mayor Brown, Councilmember Elkie and Councilmember Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. * MAYOR'S REPORT None. * SCHEDULED PUBLIC APPEARANCES (i) Presentation by Pat Pagliuco, the President of ADOG, relating to their role and ongoing support of the Town's Dog Park. Pat Pagliuco, President of ADOG, addressed the Council and thanked the Council for the opportunity to present the concept of ADOG and update them on what they have been doing. She said that they have enjoyed partnering with the z:\council packets\2010\r12-16-10\101118m.docx Page 2 of 7 Parks & Recreation Department on this endeavor. Ms. Pagliuco highlighted a brief PowerPoint presentation that outlined the organization's mission, what they have done to support pets in Town, membership and why it was so important, serving the Board, how everyone can help, and a short summary of accomplishments to date. (Copy of the presentation on file in the Town Clerk’s office.) She described the history of ADOG and noted that it was a non-profit organization. She advised that the goal of ADOG was to educate their members and enhance the experience of owning a dog in Town. She stressed the importance of responsible pet ownership and discussed the great partnership they have with Parks & Recreation. She outlined a number of accomplishments achieved to date and donations that the organization has made. She emphasized that a strong membership helped the organization to increase and achieve their goals and encouraged citizens to join or support this worthwhile organization. Mayor Schlum commended Ms. Pagliuco and the members of ADOG on their many accomplishments and said that this has always been a great partnership. He added that when the Dog Park was being considered, the public participation and efforts by ADOG helped to bring it to fruition. He said that this is a very important and worthwhile effort and encouraged citizens to support ADOG. (ii) Recognition of Community Services director Mark Mayer and Parks Supervisor Don Clark for their support and cooperation with the Greening of Downtown initiative. Mayor Schlum requested that Mr. Mayer and Mr. Clark come forward and stated that the Council wants to thank them, on behalf of the community, for being the type of leaders who lead by example. He said that they had empowered a lot of different people and organizations to accomplish various goals to make the community a better one in which to live. He said that thanks to these efforts, the Greening of Downtown continues to be an active plan and commented on the numerous positive comments and compliments he has heard as a result of the greening efforts. The Mayor stated that this was a great example of a public/private partnership. Jerry Butler, Chairman of the Greening of Downtown Committee, also came forward and the Mayor expressed appreciation to him as well for leading the efforts in this important endeavor. He said that the Greening of Downtown was a true cooperative, volunteer effort between the Town, the Chamber of Commerce, the Fountain Hills Cultural & Civic Association and volunteers, some who were in the audience this evening. He stated that what has made this effort work was what has been exhibited by Mr. Mayer and Mr. Clark and added that they would not be where they are today without their dedication and hard work. He commented on the accomplishments that had been made to date and added that this could be used as a model in the future to show what can be done when a true public/private partnership or effort takes place. Mr. Butler thanked Mr. Mayer and Mr. Clark for everything they have done. Mayor Schlum recognized the members of the Mayor's Youth Council present at the meeting and thanked them for their attendance. CALL TO THE PUBLIC Town Clerk Bev Bender advised that one citizen wished to address the Council. John Ewald addressed the Council and stated that he had appeared at the last meeting to talk about the bid documents and what he had discovered in the process. He said that he was disappointed that the Mayor did not share the things that he had written (he had left the meeting at approximately 11:00 p.m.) and since that time he has done some more investigating on what had really happened. He added that they always speak about their local contractors and how they should be given an opportunity to bid on Town work and said that in this large contract, supposedly two local contractors did not bid and he went back into the bid documents and found that there was another local contractor who did not bid either. He noted that Republic did bid it and he has a copy of what they requested from staff. He stated that they had asked why the Town was requiring a disposal facility to be open seven days a week (the same reason why the other two businesses did not bid on this). He stressed the importance of a competitive bidding process and said that the one statement in the contract requiring the seven-day operation is just not right. He added that when one gentleman came up and said that for the same service (two pickups a week) the contractor they were planning to approve wants $16.00 and he is paying $14.00 a month and that did not make sense. He stated the opinion that a contract for the entire Town should be a lot less than $14.00 a month. He advised that what he asked in the last meeting was for the Council to table the approval of the contract until z:\council packets\2010\r12-16-10\101118m.docx Page 3 of 7 they could look further into the bid documents and if the documents were exclusive only to certain contractors, then there was something wrong with them. He added that contractors were excluded and said that he did not have a problem with one hauler because of less trucks but he believes that the people are looking for the Council to give them what they want. If they want a price on two pickups a week then that is what they should base their bid documents on. He requested that the Council consider what he just told them about the bid documents and to bring a third party in if necessary. Mayor Schlum advised that the Council could not respond to Mr. Ewald at this time because the item was not agendized but thanked him for his comments. Town Attorney Andrew McGuire advised that the document Mr. Ewald has is a request from Republic Services and it was the subject of Addendum #2 he believed that was issued to all of the bidders. He added that Republic was the successful bidder and clarified that Allied Waste and Republic Services were one and the same. Mr. McGuire explained that the Addendum had all of the exhibits and the questions submitted by Allied Waste and Waste Management as well as those presented at the pre-bid conferences. He said that if Mr. Ewald read through the Addendum he will find all of the answers. Town Clerk Bev Bender advised that there were no additional speakers. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM OCTOBER 21, 2010. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE SPECIAL EVENT APPLICATION FOR THE THANKSGIVING DAY PARADE SPONSORED BY THE FOUNTAIN CHAMBER OF COMMERCE TO BE HELD NOVEMBER 25, 2010. SECTIONS OF SAGUARO BOULEVARD, PALISADES BOULEVARD, LA MONTANA DRIVE, EL LAGO BOULEVARD AND PANORAMA DRIVE WILL BE CLOSED FOR THE EVENT. AGENDA ITEM #3 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE STROLL IN THE GLOW EVENT, SPONSORED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE, TO BE HELD DECEMBER 4, 2010. SECTIONS OF THE FOUNTAINS WILL BE CLOSED FOR THE EVENT. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2010-42, GRANTING AN UNDERGROUND "POWER DISTRIBUTION EASEMENT" TO SRP AT TWO LOCATIONS IN FOUNTAIN PARK, ALONG EL LAGO BOULEVARD. AGENDA ITEM #5 - CONSIDERATION OF APPROVING THE ANNUAL WASH AND DAM MAINTENANCE CONTRACT WITH KAYE CONTRACTING COMPANY IN THE AMOUNT OF $69,185.00 Councilmember Dickey 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 Elkie Aye Councilmember Contino Aye Vice Mayor Brown Aye The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2010\r12-16-10\101118m.docx Page 4 of 7 REGULAR AGENDA AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2010-40, AN INTERGOVERNMENTAL AGREEMENT WITH THE GOVERNOR'S OFFICE OF ECONOMIC RECOVERY (GOER) ACCEPTING THE PUBLIC SAFETY STABILIZATION PROGRAM GRANT (PSSP) IN THE AMOUNT OF $28,000. Assistant Fire Chief Randy Roberts addressed the Council and advised that several months ago the Town applied for the Public Safety Stabilization Program Grant (PSSP) through the State of Arizona for thermal imaging cameras and provided a brief explanation of what the equipment provides. He stated that the technology was evolving and there was a great product on the market right now and this money would allow the Town to purchase two top of the line, state of the art cameras that will allow them to see through smoke and identify where firefighters were and also find any fire victims that might be trapped inside a burning building. Chief Roberts said that this was very important technology and stressed the importance of equipping both stations with the cameras. He stated that tonight staff was looking for Council approval to move forward with this Intergovernmental Agreement. Mayor Schlum thanked Chief Roberts for his input. Ms. Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Elkie asked if there would be any maintenance costs associated with the cameras and the Chief advised that typically there would be a two-year warranty on the equipment so no maintenance during the first two years but after that there could be costs associated with normal repairs. He added that there was no match required on this as well. Councilmember Hansen MOVED to approve Resolution 2010-40 and Councilmember Contino SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 - DISCUSSION OF PROPOSED INTERGOVERNMENTAL AGREEMENTS WITH THE FOUNTAIN HILLS SANITARY DISTRICT PERTAINING TO THE POSSIBILITY OF SHARED SERVICES BETWEEN THE DISTRICT AND THE TOWN. Town Manager Rick Davis addressed the Council relative to this agenda item and said that this item was for discussion only this evening and staff intended to bring both IGAs back before the Council at a future date for their ratification. He stated that both addressed two separate cooperative initiatives with the Sanitary District. He discussed the sharing and division of GIS to the District and noted that the discussion arose regarding sharing some of the resources that the Town has with the District (borne out of situation they faced back in March/April when they were looking to maximize the use of some of their personnel and possibly synergize with other organizations to minimize costs). He added that through discussions he has had with the Manager of the District, one of their needs pertains to the updating of their sewer atlas. Mr. Davis referred to a PowerPoint presentation (Copy on file in the office of the Town Clerk) and said that with both IGAs the goal was to streamline processes, foster closer cooperation with the District, and share resources and information. He noted that the two IGAs had to do with GIS mapping and CAD services and the second one was more of a general Cooperation Agreement. He said that the first IGA would make GIS and CAD services available and said that a staff person would provide infrequent assistance to the District to upkeep and maintain the sewer atlas. The District would pay $40 per hour plus materials and the District would realize savings as well as the taxpayers. There would also be Town savings because they were able to recoup, although a small portion, some of the monies they spend on GIS and CAD services. In addition, there would be increased information and accuracy (the atlas was also important to the Town as they contemplated various projects). Mr. Davis also discussed the Cooperation Agreement and advised that it eliminated District need for encroachment permits and there would be no District charges associated with building permits or inspections for District facilities. The District would have access to the GIS and reasonable costs associated with reproduction of maps would be charged. The District would be able to place walled facilities (protective facilities) around their wells and other such infrastructure. Mr. Davis further stated that in return the District would not charge the Town any connection or usage fees for Town facilities; the Town would be able to use District camera equipment, the District would provide consultative services z:\council packets\2010\r12-16-10\101118m.docx Page 5 of 7 when needed and space would be provided in billings for citizen communications (did not mean they would "piggy back" off of the billing system per say, but rather to include information, notifications, etc. upon reasonable notice to the District). He stated that the costs included eliminating costs associated with sanitary services, have a closer working relationship with the District and cost savings associated with shared equipment usage. Mr. Davis indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Davis for his presentation. Ms. Bender advised that one request to speak had been submitted. Peter Bordow addressed the Council and referred to Section 4.4 under the District Billing System and noted that it said, "In the event the Town implements fees in the future, the District agrees to reasonably accommodate the Town's request for inclusion of same on the District's monthly bills." He said that the Town Manager advised that per say they are not interested in using that leverage but he was curious as to why they would put a provision in the agreement that he thinks gave them the ability to put a line item on the bill (for the District's bill). Mr. Davis replied that the agreement had not been adopted by the District and his last conversation with them focused solely on the inclusion of information inside of the billings. He added that they had not had any conversations about utilizing their billing system up to this point in time. Councilmember Dickey asked Mr. Davis to provide the Council with an example of something that would be communicated (would it be something like a public service announcement?) and Mr. Davis responded yes, public service notifications or notice of specific meetings, or information about a service changing in Town. Councilmember Dickey questioned whether there was anything in the agreement allowing the sharing of what they collect on the bills and Mr. Davis confirmed that there was not and the agreement did not allow that to happen. Councilmember Hansen asked for an example of what a possible fee could be in the future (for the inclusion on their billing system) and Mr. Davis stated that he has not spoken with the District about a fee being placed on that so he could not provide any examples at this time. Mayor Schlum re-read the sentence referred to by Mr. Bordow and said that they would not want that sentence included in the agreement and Mr. Davis agreed that it needed to be eliminated. Mr. Davis commented that there were two specific issues that staff did not want to include in the agreement that were not supposed to be part of this agreement. One has to do with the in lieu payments that the District made when they encroach upon a roadway (when they have to construct on a roadway). They either restore the roadway to the original condition or they make a payment in lieu that could be used in the future to repair the road. That was not part of this agreement nor was placing things on the billing system itself. The intention was if the Town had information that it wants to share, statements could be placed on the billing statement and/or inserts could be placed in the envelopes but no fee was being proposed at this time. Councilmember Leger said that he agreed with the Mayor's comments and they need to remove that statement and rename that section. He stated that they did not want to give any indication that there was something being done here "on the sly" so he highly recommended that the language be removed. He added that there was a comment made regarding if the Town needed to "piggy back" off of the Sanitary District's billing and what had been done in other communities was they have water shed management fees or storm water management fees and that would be an example of how this process could be used -- he asked if this was correct. Mr. Davis replied yes but added that during recent conversations with the District Manager that he did not indicate that that would be a very strong possibility. Councilmember Leger said he was just looking for an example that was currently out there. He reiterated the need to get rid of the whole bottom half of that paragraph and rename Section 4.4. z:\council packets\2010\r12-16-10\101118m.docx Page 6 of 7 Mr. Davis concurred and said that was the intent and this had gone through several drafts. It was the product of numerous discussions with the District's management for over a year. He added that he believes the intention of the IGA was to put the intent in some kind of form to clarify things they do for each other as organizations. Councilmember Leger stated that he understands that but the language was somewhat misleading. Mayor Schlum referred to the comments made by Mr. Davis relative to walled facilities being allowed in Town right-of- way and asked if that was specifically locations where they had equipment that they wanted to protect. Mr. Davis said that was correct. The Mayor expressed the opinion that this step was great one and leads to more cooperation with one another and gives everyone the ability to save money. He asked if the next step would be to actually see an agreement. Mr. Davis replied that this evening's discussion was to obtain Council input relative to any changes and to give them an opportunity to ask questions before staff brought back an actual agreement. Vice Mayor Brown asked if there was any way they could put some dollar figures in the document and Mr. Davis responded that they were "moving targets." He added that they did know that encroachment permits were in the neighborhood of $3,000 to $5,000 a year and he believed and their sanitary charges have been approximately the same, maybe a little bit more but they do change. Vice Mayor Brown said that he was hearing Mr. Davis saying that it was pretty much a "wash" and stated that he was for moving this forward. He advised that he likes the agreement but was just curious as to whether someone had actually put some numbers together. Mr. Davis reported that staff had looked at both of those and the most the Town has ever received as far as encroachment permits was $5,000 and the most they have paid for sanitary charges in a year is about $8,000. Mayor Schlum thanked everyone for their input. 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) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: Mr. Davis will bring the IGA's discussed under Agenda Item #7 back to the Council. AGENDA ITEM #9 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. None. AGENDA ITEM #10 – ADJOURNMENT Vice Mayor Brown MOVED that the Council adjourn the meeting and Councilmember Contino SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:13 p.m. TOWN OF FOUNTAIN HILLS By Ma r J y T. Schlum ATTEST AND PREPARED BY: /6 Bevelyn J. n r,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Sessions held in the Council Chambers by the Town Council of Fountain Hills on the 18th day of November, 2010. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of December, 2010. Bevelyn J. B d ,Town Clerk Cr z:\council packets\2010\r12-I6-10\10l 118m.docx Page 7 of 7