HomeMy WebLinkAbout120503PREVISED 5/1/12
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M.
WHEN: THURSDAY, MAY 3, 2012
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may
be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to
such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If
a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-
602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to
state their name prior to commenting and to direct their comments to the Presiding Officer and
not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker
chooses not to speak when called, the speaker will be deemed to have waived his or her
opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a
later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the
Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits
may be waived by (i) discretion of the Town Manager upon request by the speaker not less than
24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either
prior to or during a Meeting. Please be respectful when making your comments. If you do not
comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Dennis Brown Councilmember Tait D. Elkie
Councilmember Dennis Contino Councilmember Cassie Hansen
Vice Mayor Ginny Dickey Councilmember Henry Leger
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum
INVOCATION – Youth Pastor David Taylor, Jr., First Baptist Church
ROLL CALL – Mayor Jay T. Schlum
MAYOR’S REPORT
i.) NONE
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) The Town of Fountain Hills received, for the 10th consecutive year, the
DISTINGUISHED BUDGET PRESENTATION AWARD for Fiscal Year 2011/12
budget from the Government Finance Officers Association (GFOA). Deputy Town
Manager/Finance Director Julie Ghetti, MPA, CPA, received the CERTIFICATE OF
RECOGNITION for Budget Preparation from the GFOA as the individual
instrumental in their government unit achieving a Distinguished Budget Presentation
Award.
ii.) The Mayor will read a PROCLAMATION declaring May 12, 2012, as Fibromyalgia
Awareness Day in Fountain Hills.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the
conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the Town Council MEETING MINUTES from April 10
and April 19, 2012.
REGULAR AGENDA ITEMS
2. CONSIDERATION of accepting and approving the placement of a steel sculpture titled,
“Albero Gran” in Fountain Park, which is on loan for a period of up to one year during a
fundraising campaign.
3. CONSIDERATION of APPOINTING two (2) citizens to serve on the Community Center
Advisory Commission for the remainder of a two year term ending December 31, 2013.
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4. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Trans-West
Network Solutions, in the amount of $66,722.42, for the purchase of equipment, installation,
and training relating to a VOIP based communications system.
5. CONSIDERATION of ACCEPTING AN OFFER AND ISSUING A NOTICE AWARD to
Interstate Mechanical Corporation, in the amount of $60,310, for the purchase and
installation of Heating, Ventilation and Air Conditioning (HVAC) units for the Town Center
Complex.
6. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Arcadis U.S.,
Inc., to complete a new development impact fee study to comply with new statutory
provisions, in the amount of $79,960.
7. CONSIDERATION of RESOLUTION 2012-10, adopting the maximum amount for the
Town of Fountain Hills’ Fiscal Year 2012/13 tentative budget with appropriate direction to
publish said documents in accordance with state law. The Council may address any or all
items contained in the budget document and initiate any changes prior to the adoption.
8. DISCUSSION WITH POSSIBLE DIRECTION related to any item included in the
League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN.
9. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
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.
10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
11. ADJOURNMENT.
DATED this 26th day of April 2012.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
1708275.1
RESOLUTION NO. 2012-10
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET
AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN
OF FOUNTAIN HILLS FOR FISCAL YEAR 2012-2013.
WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and
Council of the Town of Fountain Hills (the “Town Council”) is required to adopt a budget; and
WHEREAS, in accordance with ARIZ. REV. STAT. § 42-17102, the Town Manager has
prepared and filed with the Town Council the Town Manager’s Budget estimates for the fiscal year
beginning July 1, 2012 and ending June 30, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated
herein by reference are hereby adopted as the Town’s official tentative budget for the fiscal year
beginning July 1, 2012 and ending June 30, 2013, including the establishment of the maximum
budget amount for such fiscal year in the amount of $31,552,772.00.
SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall
publish in the official Town newspaper once a week for two consecutive weeks (i) the official
tentative budget and (ii) a notice of the public hearing of the Town Council to hear taxpayers and
make tax levies at designated times and places. The notice shall include the physical address of the
Town Library and the Fountain Hills Town Hall and the website where the tentative budget may be
found.
SECTION 4. The Town Manager or designee shall make available at the Town Library and
the Fountain Hills Town Hall a complete copy of the tentative budget, and shall post the tentative
budget on the Town’s website.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
[SIGNATURES ON FOLLOWING PAGE]
1708275.1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 3, 2012.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1708275.1
EXHIBIT A
TO
RESOLUTION NO. 2012-10
[Tentative Budget]
See following pages.
ISSUE 15 - April 20, 2012
Legislative overview
Today is the 103rd day of the second regular session of Arizona's 50th Legislature. Hopes for a sine die adjournment
by the 100-day deadline established by rule were dashed, as the executive and legislative branches failed to reach
an agreement on a budget for 2012-13. To increase the pressure on legislative negotiators to conclude a budget
deal, the governor announced on Monday, April 16, that she would not sign any more bills into law until a budget
accord is reached. This policy does not apply to those bills that had been transmitted to the Office of the Governor
by the time the announcement was made.
Legislative activity during the past week was relatively light, as the universe of viable bills continued to shrink. The
deadline for conference committees to meet - originally established as Friday, April 13, and then extended to
Tuesday, April 17 - was extended a second time to today, Friday, April 20.
On Monday, April 16, the Pima County Board of Supervisors met to determine a process for the selection of a new
state representative to fill the legislative district 29 seat of former Rep. Daniel Patterson, who resigned last week.
The process established by the supervisors will culminate in the selection of a new representative on Monday, April
23.
The finalists for the appointment are attorney Nicholas Fontana, aerospace engineer Albert Jordan and union leader
Leon Sierra. By state law, the new representative must be a registered independent and live in the district.
Consolidated elections
On Thursday, April 19, the Senate passed HB 2826 (consolidated election dates; political subdivisions) by a vote of
16-13. The bill had previously been defeated in the Senate by a vote of 11-17. The legislation has now been
approved by each chamber with the bare minimum number of votes required for passage.
The League strongly opposes the bill (which requires that local elections be held in the fall of even-numbered years)
as an unconstitutional and unfunded mandate on cities and towns. This position is reinforced by the recent Supreme
Court decision in Tucson v. Arizona, which unambiguously identifies municipal elections as a matter of purely local
concern. The League also opposes the bill for a number of other reasons, including: prospective ballot length and
voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain types of elections;
and difficulties associated with all-mail ballots.
The bill now returns to the House, which will be asked to approve the legislation as amended by the Senate. The
League urges all cities and towns to contact their representatives to urge a NO vote on HB 2826 when it is brought
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to the House for a final vote.
Firearms
On Tuesday, April 17, the governor vetoed HB 2729 (state regulation of firearms). The bill requires governmental
entities to permit guns into public establishments, unless armed personnel and metal detection equipment are
installed at the entrances to such establishments. The measure, sponsored by Rep. David Gowan (R-Sierra Vista),
also preempts municipalities from having firearms ordinances stricter than state law. The League had formally
requested that the bill be rejected by Governor Brewer.
Revenue allocation districts
On Tuesday, April 17, the governor vetoed HB 2469 (revenue allocation districts). The measure, sponsored by Rep.
Rick Gray (R-Sun City), authorizes municipalities to form Revenue Allocation Districts, which can pledge increases in
both property tax and sales tax revenue to secure bonds issued to benefit the district. In her veto letter, the
governor cited several concerns, including: a lack of detail surrounding projects that might be financed with this
new mechanism; potential avoidance of constitutional debt limits; and administrative burdens. The League, which
supports the measure, continues to work with the sponsor and proponents to address the governor's concerns.
Alarm installation
On Monday, April 16, the House approved HB 2748 (NOW: alarm business; alarm agent; certification) by a vote of 42-
14. The bill includes an amendment adopted by a conference committee of senators and representatives appointed
to produce a final version of the legislation. On Wednesday, April 18, the sponsor, Representative Amanda Reeve (R-
Phoenix), made a successful motion to return the bill to another conference committee to make additional changes.
In its current form, the measure provides for the establishment of a statewide certification requirement for alarm
businesses and alarm agents, and it preempts further local regulation of alarm installation.
Law enforcement
On Wednesday, April 18, the House passed SB 1212 (law enforcement officers; just cause) by a vote of 55-0.
Sponsored by Senator Andy Biggs (R-Gilbert), the bill mandates that the same "just cause" process required for the
termination of law enforcement officers be applied to demotions. Language in the bill applying the same process to
officer suspensions was stricken by an amendment adopted in the Committee of the Whole.
The League opposes the measure because it limits the authority of municipalities to discipline problematic officers.
The amended bill returns to the Senate, which passed its version of the legislation by a vote of 29-0 on February 9.
United Nations Rio declaration
SB 1507 (NOW: United Nations Rio declaration; prohibition) was calendared for consideration by the House
Committee of the Whole on Tuesday, April 17. The purpose of the bill is to prohibit the state or its political
subdivisions from adopting or implementing "the creed, doctrine, principles or any tenet" of the 1992 United Nations
Rio Declaration on Environment and Development.
The League urged all representatives to reject this ill-conceived legislation, based on its ambiguous language, high
potential for unintended negative consequences and prospective impacts on municipal initiatives. The bill was
subsequently retained on the calendar but could resurface in the House at any time.
Business incentives
On Wednesday, April 18, the House passed SB 1442 (prime contracting; manufacturing facilities; infrastructure) by a
vote of 46-10. The measure allows municipalities to recapture state transaction privilege taxes paid by qualified
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manufacturing facilities for public infrastructure necessary to support those facilities. The bill was amended in the
Committee of the Whole to expand the definitions of associated improvement and manufacturing facility. The
measure, which is supported by the League as a tool for attracting manufacturing jobs to Arizona, now returns to
the Senate to address amendments made in the House.
Traffic control
On Thursday, April 19, the House defeated HB 2557 (NOW: intersection; definition) by a vote of 27-29. The bill
redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for
red light violations. Following consideration of the measure, a motion was made and adopted to reconsider the vote
in the House on Wednesday, April 25.
Spirituous liquor
HB 2606 (NOW: liquor omnibus) passed the House on April 19 by a vote of 46-11. Among other things, the bill,
sponsored by Rep. J.D. Mesnard (R-Chandler), permits the State Liquor Board to consider municipal tax
delinquencies in liquor license suspension and revocation proceedings. It further permits a city or town to use the
average of the last five years of the Consumer Price Index (CPI) for fee increases (as opposed to just the previous
year's CPI). The bill now proceeds to the Senate for final consideration.
Legislator profile - Representative Chad Campbell
If Representative Chad Campbell appears agitated - a lean mass of nervous energy
pacing the House floor in restless motion - there could be several explanations. He
could be in high dudgeon concerning some ill-advised legislative proposal or another.
As the minority leader of the House, he could be preoccupied with the demanding
task of keeping his caucus together. More likely, however, he'd just rather be
outdoors.
Canoeing. Rock climbing. Boating. Gliding. Fishing. Snowboarding. Backpacking.
Mountain bike riding. Camping. If a pursuit takes place outside and involves physical
and mental challenge, then Campbell is good to give it a go. His love of the
outdoors, reflecting an insatiable passion for life, is palpable.
No wonder, then, that the newlywed lawmaker tied the knot last year in Kauai, a
Hawaiian island of rugged and beauteous adventure. "I was on the island in 2009,"
Campbell explains, "and I flew along the Na Pali coastline in a one-wing power glider." He later learned that, within
a year of this geste, the guide who took him gliding crashed and died. Happily, everyone who participated in his
recent wedding at a beach house in Poipu survived to tell the tale.
A first-generation native Arizonan, Campbell describes his own youth as "simple" and "normal". An only child whose
parents both worked outside the home, Campbell enjoyed playing team sports, especially football (as a strong
safety) and baseball (as a left fielder). He did well in school, developed a robust work ethic and stayed out of
trouble. He entered the part-time workforce at age 14 and kept occupied throughout school in a number of jobs in
the service, retail and restaurant industries.
By the time he graduated from high school, Campbell had become interested in biology and environmental sciences.
Fortuitously, he earned a scholarship to Northern Arizona University, which offered a program combining the two
disciplines. "I loved Flagstaff and NAU," Campbell fondly recalls. "I embraced the cold weather and the fantastic
outdoor opportunities." Having endured four surgeries on his left knee as a consequence of a skiing accident,
however, he has retired from the slopes. Regardless, his attraction to all-weather sports has not abated.
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Campbell has always been interested in politics and has ever appreciated the impact that public policy has on
people's lives. His father and most of his family were staunch conservatives, dedicated to principles championed by
Barry Goldwater and Ronald Reagan. Over time, he asserts, the Republican Party drifted away from those principles.
So it was that, during college, he volunteered for the congressional campaign of former U.S. Representative Karan
English (D-Ariz.). It was a heady experience and resulted in his infection with the political bug.
Later, working for an environmental engineering firm, Campbell was exposed to the enormous day-to-day impacts of
public policy decisions rendered by political figures. Whether the issue at hand involved site cleanup, the disposal of
mining wastes, or project remediation, government was deeply involved. Often, the government's role was
problematic, resulting in burdensome regulation and bureaucratic make-work. Campbell knew that government-
designed processes could and should be streamlined.
It was against this backdrop that Campbell ran for Phoenix City Council in 2005. Though he lost to an incumbent, he
was proud of his campaign and his message. Moreover, he earned a great deal of respect and name recognition,
both of which served him well one year later when then-Rep. Bill Brotherton decided not to seek re-election to his
District 14 House seat. Campbell was persuaded to run for the central Phoenix district in 2006, and he won handily,
repeating the feat in 2008 and 2010.
Campbell affirmatively decries legislative interference with city business. As a matter of course, he opposes the
imposition of state mandates on cities and towns. "It's hypocritical for the conservative majority to so fiercely
oppose federal mandates," he asserts, "and then impose one-size-fits-all mandates on municipalities." He continues:
"Legislators are trying to micromanage all aspects of city government from the Capitol: traffic management,
contracting, elections and anything else they can think of. It has to stop."
Though he has been approached by others to consider a congressional run, Campbell does not seem particularly
interested in leaving Arizona for the marbled corridors of the United States Capitol. "Washington, D.C. is the
political version of Las Vegas," he opines. "Besides," he continues, "we need native Arizonans who know this state
and are committed to this state to help run this state." Accordingly, he does not rule out the possibility of a future
statewide campaign.
In any event, Campbell's future is as bright as his energy level is high and his enthusiasm is infectious. With his thirst
for adventure and his drive to conquer new challenges, it is manifest that Campbell has many more mountains to
climb, rapids to run, and canyons to cross - both metaphorically inside the Legislature and literally (and preferably)
outside.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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Issue 16 - April 27, 2012
Legislative update
Today is the 110th day of the second regular session of the 50th Arizona Legislature. During the past week, there
emerged from the Capitol multiple reports that the ongoing budget stalemate between the Legislature and the
governor had been broken. The League understands that negotiators are hammering out final details and that
legislative votes on a budget package could be taken as early as next week. Unfortunately, details as to the
compromise budget's contents remain unavailable and are not likely to become public until shortly before votes are
called.
On Monday, April 23, the Pima County Board of Supervisors appointed attorney Nicholas Fontana (I-Tucson) to fill
the Legislative District 29 seat recently vacated by former Rep. Daniel Patterson. The district includes parts of
Tucson and South Tucson.
Consolidated elections
On Tuesday, April 24, the House caucuses considered HB 2826 (consolidated election dates; political subdivisions) as
amended by the Senate. The sponsor of the bill, Rep. Michelle Ugenti (R-Scottsdale), recommended that the House
concur in the amendment of the Senate. Accordingly, the amended bill will next proceed to the House floor for a
vote on final passage.
The League continues to strongly oppose the bill (which requires that local elections be held in the fall of even-
numbered years) as an unconstitutional and unfunded mandate on cities and towns. This position is reinforced by
the recent Supreme Court decision in Tucson v. Arizona, which unambiguously identifies municipal elections as a
matter of purely local concern. The League urges all cities and towns to immediately contact their representatives
to urge a NO vote on HB 2826 when it is brought to the House for a final vote - likely next week.
Traffic control
On Wednesday, April 25, the House passed HB 2557 (NOW: intersection; definition) on reconsideration by a vote of
35-17. The measure had failed the previous week by a vote of 27-29. The bill redefines the definition of
"intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The bill,
to which the League is opposed, now proceeds to the Senate for a vote on final passage.
Alarm installation
On Monday, April 23, the House and Senate convened a conference committee to make additional changes to HB
2748 (NOW: alarm business; alarm agent; certification). The bill was amended to address issues identified by the
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Department of Public Safety. In its current form, the measure provides for the establishment of a statewide
certification requirement for alarm businesses and alarm agents, and it preempts further local regulation of alarm
installation. The bill now returns to the floor of both chambers for adoption of the amendment and final passage.
Sales tax collection
On Tuesday, April 24, the Senate passed an amended version of HB 2466 (NOW: payment; local sales tax) by a
unanimous vote of 26-0. The bill provides for the creation of an online portal for the direct remittance of taxes by
taxpayers in self-collecting cities. The League supports HB 2466 and has worked closely and cooperatively with the
bill's sponsor, Rep Rick Gray (R-Sun City West), throughout the legislative session.
The amended bill was considered in both House caucuses on Wednesday, April 25. As the bill's primary sponsor, Rep.
Gray recommended that the House concur in the amendment of the Senate. Accordingly, the bill's next stop will be
the House floor for a vote on final passage.
Pension reform
On Tuesday, April 24, the Senate passed HB 2264 (ASRS; employee; employer contributions; rate) by a unanimous
vote of 28-0. The bill, sponsored by Rep. Bob Robson (R-Chandler), provides for a 50/50 split between employers
and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure
effectively repeals the portion of last year's SB 1614 that moved ASRS to a 47/53 split between employers and
employees, respectively. The bill will next be transmitted to the governor for her consideration.
Law enforcement
On Tuesday, April 24, the Senate passed SB 1212 (law enforcement officers; just cause) by a vote of 28-0. Sponsored
by Senator Andy Biggs (R-Gilbert), the bill mandates that the same "just cause" process required for the termination
of law enforcement officers be applied to demotions. Language in the bill applying the same process to officer
suspensions was stricken by an amendment adopted in the House Committee of the Whole last week. The League
opposes the measure because it limits the authority of municipalities to discipline problematic officers. The bill now
goes to the Governor for her consideration.
United Nations Rio declaration
On Wednesday, April 25, the House Committee of the Whole considered and passed SB 1507 (NOW: United Nations
Rio declaration; prohibition). The purpose of the bill is to prohibit the state and its political subdivisions from
adopting or implementing "the creed, doctrine, principles or any tenet" of the 1992 United Nations Rio Declaration
on Environment and Development. The bill was amended by the House to add the White House Rural Council to a list
of organizations with which Arizona political entities are prohibited from affiliating.
The League opposes this ill-conceived legislation, based on its ambiguous language, high potential for unintended
negative consequences and prospective impacts on municipal initiatives. The bill now proceeds to its third reading
in the House.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
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