HomeMy WebLinkAbout1992.0414.TCWSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 14, 1992
A public work study session of the Fountain Hills Town Council was convened and
called to order by Mayor John Cutillo at 6:30 p.m., Tuesday, April 14, 1992, in
the Council Chambers of the Town Hall Offices located at 16836 E. Palisades
Blvd., Building C, Fountain Hills, Arizona.
Present were the following members of the Fountain Hills Town Council: Mayor
John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Charlie
Fox, Wally Hudson, Bill O'Brien and Mike Minarsich. Also present were Town
Manager Paul Nordin, Town Attorney Bill Farrell, and Town Clerk Cassie Hansen.
Mayor Cutillo explained that discussion had been requested on all items listed
with an asterisk (*) . There would be no separate discussion on unmarked items
unless a Councilmember or member of the public so requested, in which event the
item would be reconsidered as a discussion item and addressed in its normal
sequence on the agenda.
(41609
Councilman Hudson spoke briefly concerning Certificates of Insurance relative to
Special Events. He stated that it had been difficult to make clear to applicants
what staff required for protection of the Town for Special Events using Town
property. Councilman Hudson said the application itself was specific and
requested that the Town be named as an additional insured.
AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE SILVER COLLECTOR CAR AUCTION TO BE
HELD IN FOUNTAIN PARK ON FRIDAY AND SATURDAY, MAY 2 AND 3, 1992, FROM 8:00 A.M.
TO 8:00 P.M. THE CHAMBER IS REQUESTING CLOSURE OF SAGUARO BOULEVARD FOR THE
EVENT.
Councilman Hudson stated that the insurance carrier, T.H.E., was not rated by any
service because they were a new company. He added that they had lost money in
the last three years. Councilman Hudson said that he felt it would be necessary
for the Town to specify which companies would be permitted to be on a
certificate. He said he would work with the Town Clerk and the Town Attorney on
tightening the standard. Mayor Cutillo asked if the state had specific
requirements and Councilman Hudson replied that they did. Councilman Hudson
stated that he believed the insurance company named was a poor risk, however, the
Minutes of the Work/Study Session of the Town Council 04/14/92
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Town was adequately covered this time. Ms. Hansen stated that the original
Special Event Request Application named the Chamber of Commerce as the sponsor 4101)
but that had been changed to the Silver Collector Car Auction.
AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
MAYOR'S YOUTH COUNCIL FOR A ROCK IN THE PARK, A CONCERT FEATURING FOUR BANDS IN
FOUNTAIN PARK ON SATURDAY, MAY 23, 1992 FROM 12:00 NOON TO 5:00 P.M. THE EVENT
IS BEING CO-SPONSORED BY THE KIWANIS CLUBS, THE MARSHAL'S RESERVES AND THE
MARICOPA COUNTY SHERIFF'S OFFICE.
Councilman Hudson stated that there would not be a certificate of insurance since
it was sponsored by the Town. He added that the Kiwanis Club would need to
provide the Town with a certificate.
AGENDA ITEM #4 - TOWN MANAGER'S REPORT.
#4.A.1. - Prolect update - Consideration of changing the position of Town Marshal
from a part-time to a full-time position. Mr. Nordin stated that for almost two
years the staff had tried to make a part-time Marshal's position work but that
he did not believe it was working. Mr. Nordin said that if the Town planned to
provide the kind of service to the community that was required, the Council
needed to give serious consideration to authorizing a full-time Marshal. Mr.
Nordin stated he felt the Reserve Program was a great benefit for the Town. He
added that it further served as a defense against what the Sheriff's office may
11;)do with their contract price in the near future. Mr. Nordin stated that there
was not another police department that would be willing or able to provide police
protection for our community. He said it was good public policy to be prepared
for Maricopa County Sheriff's Department contract to increase in price. Mr.
Nordin said he felt that a full-time Marshal was necessary to develop and promote
the type of Reserve Program the Town wanted. Mayor Cutillo asked what the
expected budget would be. He replied that staff support would be provided with
existing employees. Mr. Nordin stated that the earliest start date would be July
1, 1992. Councilman Hudson reviewed what the job duties would entail for a full-
time Marshal and stated that he did not agree with what had been stated. He
stated that just one full-time Marshal could not do all that had been described
along with the paperwork. Councilman Fox gave a brief synopsis of the history
of the formation of the department and part-time Marshal position. Councilman
Fox stated that state law required that law enforcement must be provided to the
community. He stated that if there was a department head, it would give the Town
Manager more time. He said the Maricopa County Sheriff's Office would serve as
a branch of the Marshal's Department coordinating with the Marshal. Councilman
Fox said that there were two separate police efforts in the Town and the one with
part time people had the most activity. Councilman Minarsich asked why there had
only been eighteen of the fifty-three complaint calls for 1992 closed. Mr.
Nordin replied that the part time Marshal had many other duties to take care of
besides complaint calls. Councilman Minarsich stated that he did not agree with
Minutes of the Work/Study Session of the Town Council 04/14/92
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Loythe proposal to police the job sites on a daily basis. Ms. Hansen said that when
she addressed the Licensed Contractors, they stated that if the Business License
Ordinance was going to be in place, it better be enforced. Councilman Minarsich
stated that he felt that when the Marshal was hired, he should have clerical
staff support. Mr. Nordin stated that the Town's current staff would try to
initially provide support. Councilman Fox said he agreed with both Councilman
Minarsich and Mr. Nordin. He said he believed the full-time Marshal would need
his own support staff in time, but would prefer to see existing staff put to use
initially. Councilman Clark stated that the local ordinances were not being
enforced properly with part-time staff. He added that he felt the Marshal's
Department should attack the violations and not wait for complaint calls.
Councilman O'Brien suggested the Marshal should be given a priority list. Vice
Mayor Tibbetts said that all the discussion was proof that there was a strong
need for the full-time position and a person who could produce action. She
stated she supported the proposal and the suggested prioritization of duties.
Mr. Nordin stated that a full-time Marshal would also be in charge of organizing
the existing reserve program and enforcing the ordinances. Lt. Feller said the
department needed a full-time person in charge. He stated that one forty-hour
person would not solve all the ordinance enforcement problems, however, it would
be a good beginning and certainly better than a twenty-hour person. Mayor
Cutillo said he agreed that one full-time Marshal would not deter Maricopa County
from raising the contract price for law enforcement services. He added that he
also agreed that there was more than one good reason to have a full-time Marshal.
Councilman Fox stated that the two part-time Marshals that the Town had had both
indicated that they were interested in the full-time position. Councilman
O'Brien asked if the Reserve Program had reached the goals that had been
originally set. Mr. Nordin stated that it had not and that there was still a
need for a coherent set of regulations for direction.
AGENDA ITEM #5 - CONSIDERATION OF ORDINANCE 92-02, REGULATING NOISE LEVELS IN THE
TOWN OF FOUNTAIN HILLS.
Mr. Nordin said he planned that discussions on the topic would take place at
least two Council meetings before a decision was made. Mayor Cutillo stated that
there was no problem with waiting to discuss the issue, however, it had been an
agenda item and persons were there in the audience that wished to address it.
Councilman Minarsich said that the Ordinance would not please everyone, however,
he felt that the concerned individuals should all meet and discuss it. Mayor
Cutillo stated that he would be tolerant of a higher decibel limit in a
commercial area than at a club that was nestled in a residential area. Mr.
Nordin stated that the ordinance was intended to require a special event permit
for outdoor music and set the appropriate decibel levels for each event. He
added that if there were two or more complaint calls during the event regarding
the volume, the special event permit would be pulled. Ms. Lawlor said she lived
within one hundred fifty feet of the tennis club and that it was not the volume
but the late hours that was the problem. Mr. Syracu stated that current zoning
addressed outdoor activities in commercial areas, however, it did not address
Minutes of the Work/Study Session of the Town Council 04/14/92
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clubs nestled in residential areas. He said when Mr. Martinson was granted the
permitted usage of the land, outside entertainment was never a topic of
discussion. Mr. Jeppson stated that there was a special use permit issued for
the parcel in May 1987. Mr. Farrell stated that what staff had hoped to do with
the situation, was to establish terms of acceptable noise levels and times of an
event. Mr. Woodley stated that when the outdoor music was playing, at
approximately 11:30 p.m., he called Marshal Dean who had stated the Marshal's
Department was not on duty, call the Sheriff. He added that when he called the
Sheriff, they said it was covered by State Code, however, the case was still at
the Prosecutor's. Mr. Farrell stated that there was a difference between noise
disturbance at a place for public entertainment and someone making noise from
their residence. Vice Mayor Tibbetts stated that she was aware of municipal
noise ordinances that were effected by the zoning in an area. Mr. Carl said he
lived at the corner of La Pasada Drive and Del Cambre and the music was loud
enough that it was disturbing to him, from inside his home. He suggested that
when there was a reported violation, the event would be over by the time someone
qualified to record the decibel level arrived, as the Ordinance required. Mr.
Carl stated he had a proposed amendment to the Ordinance. Mr. Farrell stated
that the object was to create something that would work between the zoning
ordinance and the state statute. Mr. Nordin stated that a permitting process
would allow the Town Marshal and Reserves to be notified of events in advance so
they could schedule to patrol at those times. Mr. Putterman stated that the
Ordinance had no provision for shutting down repeated offenses. Mr. Farrell said
that most cities and towns had abandoned their noise ordinances because they were
unenforceable. Councilman Clark stated that he felt violators should not be
given a permit for their next event. Mr. Farrell said that a permit or renewal
could be denied on a reasonable basis. Councilman Fox stated that he agreed thatNM)
there were two concerns, time and volume. He added that the Marshal's Department
could be scheduled and they could monitor and be pro-active. Mayor Cutillo asked
Mr. Farrell if the session could be adjourned before the noise level test in the
parking lot. Mr. Farrell replied affirmatively.
AGENDA ITEM #6 - ADJOURNMENT.
Mayor Cutillo adjourned the Town Council Work/Study session at approximately 8:52
p.m.
Minutes of the Work/Study Session of the Town Council 04/14/92
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L
TOWN OF OUNT. HILLS
By: � . -2
John 4 llo, Mayor
ATTEST:
\6 . 1
Cassie B. Hansen, Town Clerk
PREPARED BY:
'
La i L. Bratcher, Secretary
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
Cloor the 14th day of April 1992. I further certify that the meeting was duly called
and that a quorum was present.
DATED this day of May 1992.
• itil-A•va•L-)
Cassie B. Hansen, Town Clerk
L
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