HomeMy WebLinkAbout1991.0402.TCWSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
TUESDAY, APRIL 2, 1991
A public meeting of the Fountain Hills Town Council was convened and called to
order by Mayor John Cutillo at 6:30 p.m. , Tuesday, April 2, 1991, in the Town
Hall Conference Room located at 16836 E. Palisades Blvd. , Building C, Fountain
Hills, Arizona.
ROLL CALL - Following the pledge to the flag roll call was taken. Present for
roll call were the following members of the Fountain Hills Town Council: Mayor
John Cutillo, Vice Mayor Frank Clark and Councilmembers Peg Tibbetts, Mike
Minarsich, Charlie Fox, Wally Hudson and Bill O'Brien. Also present were Town
Manager Paul Nordin, Director of Community Development Gary Jeppson, Town
Attorney Bill Farrell and Town Clerk Cassie Hansen.
Mr. Farrell introduced Mr. Nick Dottermann to the Council. He stated that Mr.
Dotterman had joined his firm as of April 1, 1991 and would work with the Town
for a couple of months.
AGENDA ITEM #2 - TOWN MAGISTRATE'S MONTHLY REPORT
`401v Magistrate Shoob reported that the Supreme Court Grant had been awarded and that
the new computer equipment was in place. He mentioned that the software program
"Locus" was not working well and that the Supreme Court was no longer
distributing this program to the courts. He stated that the Supreme Court was
in the process of finding a new program to take its place as "bugs" had been
found in this program and the courts were finding they were not getting true case
load readings. He later commented that the new software which would be provided
by the Supreme Court would not be free as Locus had been. He mentioned that he
planned to request another Supreme Court grant in order to pay for the new
software.
Magistrate Shoob stated that he would be completing the "New Judges Orientation"
class run by the Supreme Court within the next three days. He said that
completion of this course certified him as a qualified judge.
Magistrate Shoob reported that for the month of March, 1991 the Court had
approximately 108 cases pending, 202 cases filed and had filed 2,088 cases year-
to-date. He further reported that as of year-to-date he had completed 103
hearings, terminated 1,914 cases and by the end of the month had 174 cases
pending. Gross revenue for the Court was $9,705 for March, 1991 and was $85,018
year-to-date. He stated that their outstanding accounts totalled $62,722 and
commented that the Court 's staff was working very hard on their collection
efforts.
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Magistrate Shoob commented that at any time when there was probable jail time
involved in a hearing the court was under obligation to appoint a public defender
and said that he had appointed a public defender in approximately 40 cases. He
stated that the cost for the public defender was reflected in the budgetary
figures.
Magistrate Shoob commented on the situation concerning the addition to his
judge 's bench and reminded the Council that in order to save money, the Court had
originally built a small bench. He stated that he felt the original bench
required some rework and contracted Fountain Hills Wood Whims, the original
vendor, to do the work. He said the final product was much improved over his
original bench and that it was usable and workable although had cost more than
expected. Councilman Fox commented that he realized the Court was expected to
go over budget by 10Z and said he felt that $1,300, the cost to rework the bench,
was a "big chunk. " Magistrate Shoob explained that the Court was originally set
up for a court load 1/4 of their actual load and stated that they had expected
to process much less than 2,800 cases involving the number of people for that
fiscal year. He stated that, originally, they had anticipated a $50,000 annual
budget and a $50,000 income. He pointed out that the Court had already shown an
income of $145,000. Because of this, he said he did not feel that going over
their budget by 10% was out of line. He said that he had already discussed a
sizably larger budget for the next fiscal year with the Town Manager. Councilman
Fox mentioned that revenue generated by the Court could also be considered as
having been generated by law enforcement and said he felt the Court should not
consider all revenues as theirs to spend. Mr. Nordin explained that even if the
Court ran at a deficit the Town had adequate funds to staff and run the Court.
AGENDA ITEM #3 - MAYOR'S REPORT
A. Landfill Siting Committee report
Mayor Cutillo stated that at the last meeting of the Landfill Siting
Committee, Waste Management argued that Phoenix was needing more landfill
space. He said that it was his argument at that meeting that sludge
removal was more of an immediate crisis than was landfill. He said that,
generally, the members agreed and he stated that an ongoing study had
resulted in which they were trying to solve the sludge problem. He said
that the committee agreed with the plan to hire a consultant to make a
landfill site recommendation to the County. He stated that the consultant
would probably make his recommendation within the next three to six months
and commented that the most likely area in which to place a new landfill
was in Final County. He mentioned that, currently, the problem with the
landfill site situated close to Mobile, Arizona was transportation. He
explained that from Fountain Hills the trash was moved to a downtown
transfer station before being taken to Mobile and stated that by utilizing
this extra transfer the cost is an extra $11.00 per ton.
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,•. B. GPEC
Mayor Cutillo stated that he felt he had accomplished a great deal by
attending the GPEC meeting in Los Angeles as he found many businesses were
very ready to relocate outside of Los Angeles. He said that he felt the
"timing was great" for becoming involved in GPEC. He explained that he
had two potential leads which he would discuss at the next EDC Council.
AGENDA ITEM #4 - TOWN MANAGER'S REPORT
A. Discuss the Following:
a. Special event request by the Sunset Kiwanis for a circus on April
22, 1991.
Mr. Nordin explained that the Sunset Kiwanis organization was
seeking to have a circus on April 22, 1991. Town Marshal Ron Dean
stated that there was no need for off-duty deputies at this function
and said that the only reason reserve officers would be there was
for traffic control. He commented that he would have three
uniformed reserve officers at each event. He further commented that
he would follow up with the fire department to make sure that the
tent met fire codes.
b. 1990-91 budget for the Town Marshal Department, including the Police
Reserve budget
Mr. Nordin stated that the most important issue when presenting a
budget for law enforcement in Fountain Hills was to clearly
determine what all the law enforcement related expenditures were.
He also discussed the types of uniforms and weapons required for the
reserve officers and said he felt it was very appropriate to pursue
a reserve officer program at this time. Mr. Nordin stated that he
felt the Town should reimburse 100% for uniforms and training
expenses for each officer so as to demonstrate full support of the
program.
Mayor Cutillo asked Mr. Nordin what was meant by the "90-day
service" before a $25 uniform allowance would be given and how this
was accumulated. Mr. Nordin answered that the intent was to provide
a uniform allowance 90 days from beginning of service. Marshal Dean
stated that each reserve officer would have to work a minimum of 16
hours per month. He further stated that if an officer did not meet
the minimum number of hours per month, they would not receive their
uniform allowance.
Mayor Cutillo asked where the radio facilities and communication .
equipment would be located. Marshal Dean said that at that time
they had not determined the exact location but elaborated that the
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equipment would need to be locked up and kept secured. Mr. Nordin
pointed out that the Motorola sub-base unit which was to be
purchased was not as large as a base station. Marshal Dean stated
that the unit was portable with a charger and would be very small.
Marshal Dean explained that the reserve officers completing the
fully-certified course would be considered fully certifiable as
police officers and stated that the reserve unit may have as many as
four cars for their use.
Mr. Nordin commented that upon close review of the November 15, 1990
meeting there was no evidence which he could find that any funding
had been approved for the program. He stated that he only saw
indication that funding had been discussed. He said that this fact
made him feel uncomfortable when authorizing expenditures for the
reserve program and was asking for approval of the recommended
funding for the fiscal year and the policy of 100Z reimbursement for
uniforms and training.
c. Filling the vacancy on the Planning & Zoning Commission
Mr. Nordin referred to the memo distributed by Associate Planner Ms.
Loras Rauch indicating those people who were willing to serve on the
Planning & Zoning Commission. He commented that none of the
individuals on the list had received a clear majority of votes from
Cor the Councilmembers and made various suggestions. The Town Manager
requested that the Councilmembers submit one name to him from those
who were willing to serve and recommended that this item be
agendized for the next regular meeting.
AGENDA ITEM #5 - DISCUSS RESOLUTION 1991-13. APPROVING THE DEPARTMENT OF PUBLIC
SAFETY CONTRACT NUMBER 91-810. ACCEPTING THE AWARD AMOUNT OF S17.061 FROM THE
CRIMINAL JUSTICE ENHANCEMENT FUND FOR THE STREET CRIME AND BURGLARY GRANT
Mr. Nordin explained that approval of Resolution 1991-13 would approve the
Criminal Justice Enhancement Fund grant in the amount of $17,061. Councilman
O'Brien commented that the conditions of the grant stated that the purpose of the
grant was to prevent residential and criminal burglary and to reduce street crime
and did not specify the use of the funds for special events. He said that he
felt that according to the law the Town would be required to reimburse the
Arizona Department of Public Safety when utilizing funds for special events. Mr.
Nordin stated that Marshal Dean had discussed this special use and that no
problems existed. Marshal Dean commented that the funds would be utilized to
purchase a computer system for the law enforcement department and the Department
of Public Safety realized that the system would also be used for other matters.
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Mr. Nordin requested input from the Council as to whether or not planning for the
establishment of a full-time Fountain Hills Police Department should begin. He
mentioned that establishment of a police department would require a great deal
of money and time and said he desired the inclusion of a "police package" in the
1991-1992 fiscal year budget. Before allowing his staff to begin their research
he stated that he desired the Council 's direction. He said that he recommended
the Council study the materials provided from DPS. He reminded the Council that
their decisions would effect his recommendation concerning the number of hours
for which Marshal Dean would receive monetary compensation. He commented on the
decision the Council would be required to make as to the importance of this
program versus the importance of the Parks and Recreation program. Councilman
Fox stated that he felt the development of a five-year plan should be addressed.
Mr. Nordin commented that the development of a police department would be
included in a five-year plan. Councilman Fox stated that he felt the Town could
begin planning the formulation of a police force during the next fiscal year of
1991-1992 and recommended waiting for the next fiscal year of 1992-1993 until the
force actually formed. He mentioned that the Council should weigh the cost of
utilizing the County Sheriff versus creating a police force. Mr. Nordin said he
felt that the approximate cost for creating a police force would be between
$800,000 to $17 million and said that through the direction of the Council he
would prepare a report of the costs and time frame for the establishment of a
police department. He stated that he would attempt to prepare some information
by the next week.
AGENDA ITEM #6 - DISCUSS RESOLUTION 1991-14. ORDERING THE SALE OF TOWN OF
FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION BONDS. SERIES 1991, IN THE TOTAL
AGGREGATE PRINCIPAL AMOUNT OF $3.530,000. FIXING THE DATE OF HOUR OF SALE, AND
DIRECTING THE PUBLICATION OF NOTICE INVITING PROPOSALS FOR PURCHASE OF BONDS.
AGENDA ITEM #7 - DISCUSS RESOLUTION 1991-15. ORDERING THE SALE OF TOWN OF
FOUNTAIN HILLS. ARIZONA STREET AND HIGHWAY USER REVENUE BONDS, SERIES 1991. IN
THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $1,200,000, FIXING THE DATE AND HOUR OF
SALE AND DIRECTING THE PUBLICATION OF NOTICE INVITING PROPOSALS FOR PURCHASE OF
BONDS
Mr. Nordin explained that he recommended the Council vote in favor of each of the
above Resolutions which ordered the sale of the GO and HURF bonds.
AGENDA ITEM #8 - DISCUSS ORDINANCE 91-5. AMENDING THE OFFICIAL ZONING MAP OF THE
TOWN OF FOUNTAIN HILLS AS AUTHORIZED IN ARTICLE XXXI, SECTION 31.1 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, DESIGNATING THE ZONING OF LOS ALTOS
HILLS AS "RURAL" 43
Mr. Jeppson explained that the Town was required to zone the Felker parcel to
very closely resemble the County's zoning and stated that pursuant to the
Planning & Zoning Commission 's recommendation, Rural-43 was very similar to the
area 's previous zoning.
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AGENDA ITEM #9 - DISCUSS THE REPLAT OF LOTS 41 AND 42, PLAT 414
Mr. Jeppson explained that MCO desired to sell the lot but stated that the buyer
did not wish to purchase the entire lot. Councilman Minarsich commented that the
half lot which the buyer did not wish to purchase could not be used for anything
except public utilities. Mr. Jeppson said that they would want to stipulate on
the plan that the owner would pave the accessway. He stated that the fire
district was requesting a 45 ' radius cul-de-sac. Mr. Farrell clarified that the
ultimate owner of the property would be responsible for the easement.
AGENDA ITEM #10 - ADJOURNMENT
The Work/Study session was adjourned at approximately 8:27 p.m.
TOWN 0 FO N HILLS
By: •
Johr(17 Cutillo, Mayor
ATTEST: LacLit
/,L
Cassie B. Hansen, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Work/Study Session held by the Town Council of Fountain Hills on
the 2nd day of April, 1991. I further certify that the meeting was duly called
and that a quorum was present.
DATED this 1O44'-'day of April, 1991.
C°0_44- )6 .
Cassie B. Hansen, Town Clerk
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