HomeMy WebLinkAbout2001.0802.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
August 2,2001
Mayor Morgan called the regular session of the Town Council to order at 5:30 p.m.
AGENDA ITEM#1. PURSUANT TO A.R.S. 38-431.03.A.1, AND A.R.S. §38-431.03.A.7., 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. THE PUBLIC BODY MUST PROVIDE THE OFFICER,APPOINTEE OR EMPLOYEE WITH
SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS
THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER
SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING; (THE
COUNCIL WILL BE DISCUSSING THE MANAGER'S CONTRACT); AND DISCUSSIONS OR
CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO
CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION
FOR THE PURCHASE OR LEASE OF REAL PROPERTY (SPECIFICALLY SECTIONS OF STATE
LAND NORTHEAST OF FOUNTAIN HILLS);RESPECTIVELY.
Councilwoman Fraverd MOVED that the Council convene the executive session and Councilman McNeill
SECONDED the motion, which carried unanimously. Mayor Morgan adjourned the executive session at 6:25 p.m.
AGENDA ITEM#2. RETURN TO REGULAR SESSION
Mayor Morgan reconvened the regular session at 6:30 p.m. Following the pledge to the flag and invocation by Pastor
isiv Dennis Daniel from the First Baptist Church,roll call was taken.
ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon
Morgan, Vice Mayor John Wyman, and Councilmembers Leesa Fraverd, John McNeill, John Kavanagh, and Susan
Ralphe. Councilwoman Sharon Hutcheson was absent. Also present were Acting Town Manager/Town Attorney Bill
Farrell,Director of Administration Cassie Hansen,Director of Public Safety Gendler,Community Center Director Jim
Willers,and Director of Community Development Jeff Valder.
AGENDA ITEM#1. CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 26, 27
AND JULY 5, 16,2001.
AGENDA ITEM#2. CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
AL POMA FOR FOUNTAIN VIEW VILLAGE LOCATED AT 16455 AVENUE OF THE FOUNTAINS.
THE APPLICATION IS FOR A NEW CLASS 12 RESTAURANT LICENSE.
AGENDA ITEM#3. CONSIDERATION OF ORDINANCE 01-13 AMENDING THE TOWN CODE,
CHAPTER 10, HEALTH AND SANITATION, ARTICLE 10-1 METHODS OF GARBAGE AND TRASH
REMOVAL BY ADDING SECTIONS 10-1-5 REGARDING FLY-TIGHT AND CLEAN GARBAGE
CONTAINERS; 10-1-6 INSPECTIONS; 10-1-7 ENFORCEMENT; AND 10-1-8 RECYCLING.
(ORDINANCE AND STAFF REPORT WILL BE PROVIDED PRIOR TO THE MEETING.)
AGENDA ITEM#4. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE FORTY-
FIVE UNIT FIESTA CASITAS CONDOMINIUMS, LOCATED AT 16354 E. PALISADES, BOULEVARD,
AKA PLAT 103,BLOCK 1,LOT 16, CASE NUMBER S2001-19.
L
Town Council Minutes Regular and Executive Session 8/02/01
Page 1 of 11
AGENDA ITEM#5. CONSIDERATION OF A FINAL REPLAT OF LOTS 80 AND 81, DIAMANTE DEL
LAGO FINAL PLAT, A COMMON LOT LINE ADJUSTMENT, LOCATED BETWEEN 13624 AND 13628
N.BONITA DRIVE,CASE NUMBER S2001-21.
AGENDA ITEM#6. CONSIDERATION OF RESOLUTION 2001-40, ABANDONING WHATEVER
lumw RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED ALONG THE SOUTHERLY AND EASTERLY PROPERTY LINES OF LOT 12,
PLAT 206, BLOCK 3, (16529 EAST LOST ARROW DRIVE) AS RECORDED IN BOOK 147 OF MAPS,
PAGE 2 RECORDS OF MARICOPA COUNTY, ARIZONA. (ROGER & HANNELORE THRALL) EA01-
18.
Councilwoman Fraverd MOVED to approve the Consent Agenda as read and Councilman Kavanagh SECONDED
the motion. A roll call vote was taken with the following results.
Councilman Kavanagh- aye
Councilwoman Ralphe— aye
Vice mayor Wyman - aye
Councilman McNeill - aye
Mayor Morgan- aye
Councilwoman Fraverd - aye
The motion CARRIED unanimously.
AGENDA ITEM#7. RECOGNITION OF LOCAL VOLUNTEER RED CROSS/SHUTTLE DRIVERS
AND UPDATE ON THE RED CROSS'S RECENTLY IMPLEMENTED CENTRAL DISPATCH SERVICE
AND EXPANDED LOCAL PROGRAM.
Mayor Morgan presented certificates of appreciation to those drivers present (Gerald Levesque and Arthur Parello).
The remaining certificates were given to Red Cross East Valley Site Coordinator Mary Cammerota for distribution
to the other drivers.
Mr. Chuck Post gave an update on the service and program expansion. Ms. Cammerota acknowledged that the east
valley volunteers were the best in the valley.
AGENDA ITEM#8. UPDATE BY MR. ROBERT STERNFELS REGARDING THE ADHOC FAA/SKY
HARBOR AIR TRAFFIC COMMITTEE'S RECENT ACTIVITIES.
Mr. Sternfels gave an update on meetings recently attended by committee members. He also briefed the Council on
the pending traffic patterns being considered by the FAA. Mr. Sternfels stated that the Fountain Hills Committee
had taken the initiative to meet with the Commanding Officer of the Air National Guard of Arizona to discuss the
possibility of sharing the air space now restricted to use only by the military. He confirmed that no commitment had
been made, only that dialogue had been established. As a result of the efforts by all the communities involved, the
FAA had recently published a third alternative to flying directly over Fountain Hills. He noted that this third
alternative incorporated a part of the communities' request into the consideration. Mr. Sternfels stated that this plan
still did not address the primary concern of aircraft over Fountain Hills all the time and would result in increased
noise over Fire Rock residents, the Mountain Preserve, and the new MCO development although decreasing the
noise for the rest of the Town. The Committee did not feel that was necessary and they should continue to work in
conjunction with the FAA to develop the "community alternative". He presented a visual of what the "community
alternative" was and described what route it would take. He felt this plan would solve most of the Town's noise
problems and help the FAA operationally as the aircraft would be spread out. The FAA indicated at a recent Mesa
Council meeting that these turning points were points to "turn by" not "over" and thereby soft points. Mr. Sternfels
stated that the turning points should be hard points because that would dictate where the turns would be made.
Councilman Kavanagh asked if the "community alternative" required the consent of the military. Mr. Sternfels
responded no. He explained that one point that they wanted to make clear to the FAA in their environmental
assessment was that the assumption that the military air space was sacred was not accurate. The military recognized
the need to open some of its air space, not only for the new Phoenix runway but also for Williams. The communities
have indicated their desire to discuss these options with the FAA and use the new system now available through
L. global positioning satellites, which would enable "free-fly" This would allow the pilots freedom to avoid going over
the roads. He felt that through the continued cooperation of the communities that a good plan for everyone would
result.
Town Council Minutes Regular and Executive Session 8/02/01
Page 2 of 11
Councilwoman Fraverd inquired if the alternative plan now addressed the FAA's concerns with regard to all the
planes being lined up in a row. Mr. Sternfels stated that the FAA had looked at this alternative again from an
operational point of view. The FAA said that they could live with the "entrail" extra load of aircraft and that it
would work.
Vice Mayor Wyman asked if the fuel positioning capabilities was what permitted the pilot to understand where the
hard points were. Mr. Sternfels replied that the hard points were defined by variable range omni. He noted that
pilots do currently have equipment to know where those hard points were located. Vice Mayor Wyman noted that
air traffic controllers would not be needed to vector the aircraft at a particular point. Mr. Sternfels confirmed that all
aircraft could fly the hard points today with existing equipment. He said the committee was happy that the FAA was
working with them to not only keep the noise levels at the present level but to reduce them in the future.
Councilman Kavanagh asked if the current discussions on the stadium construction had an adverse affect on the
Phoenix Airport and could those discussions cause them to make alterations to the approach/departures to their
largest runway thereby affecting any routes decided upon over Fountain Hills. Mr. Sternfels said he had talked to
some consultants who were of the opinion that would not be the case. The reason was that when setting up for an
approach it would take place so close to the airport that it would not affect the outer routes. The only problem that
might happen would be in bad weather when the planes got stacked up. Councilman Kavanagh felt that the only
solution was to get some of the passenger and cargo planes out of an airport located in the center of a metropolitan
area. The logical choices would be Williams and Gateway Airports but Phoenix would fight that option because
they would want to keep the revenues. Mr. Sternfels agreed Williams/Gateway were alternatives choices. He stated
that another option would be the new stage four jet engines, which would be very quiet and thereby reduce noise.
Mr. Sternfels pointed out that would probably take care of Tempe's noise problem. He noted another alternative
would be to get aircraft up higher and faster, which was what the committee's proposal did. Councilman Kavanagh
asked if feeder airports were being pushed at this point. Mr. Sternfels said no because they were so expensive.
AGENDA ITEM#9. UPDATE BY COMMUNITY CENTER ADVISORY COMMISSION CHAIRMAN,
WALLY NICHOLS AND COMMUNITY CENTER DIRECTOR, JIM WILLERS, ON THE
COMMISSION'S REVIEW OF THE FEE SCHEDULE FOR NON-PROFIT ORGANIZATIONS.
Chairman Wally Nichols stated that the Commission had revisited the fee schedule for non-profits. He stated that
Director Willers would be reviewing the proposed amended fee schedule. Chairman Nichols stated that the
Commission felt they had reached a fee schedule that was a good response to the Council's requests and generous
and fair to all. He pointed out that all users would be getting a better deal at the new community center than they
were at the old community center. He noted that seven of the existing community centers would fit into the footprint
of the new building with plenty of opportunities to move groups around to make use of that flat$15 per hour charge.
He turned the presentation over to Director Willers.
Director Willers felt that the Commission had achieved a fee schedule that was unique,original,and fair to everyone.
He referred to the packet material marked Attachment#5 (Amended Appendix I-Community Center Fee Schedule).
He pointed out the four things that the Commission had incorporated into this new fee schedule.
1) $15 flat fee for up to 3 hours of usage during normal business hours or when the building was occupied.
2) No charge for regular users' board meetings during normal business hours or when the Center was
occupied for other events.
3) No charge for Town functions or no-fee for community service events.
4) For those non-profit groups having a difficult time or who had extenuating circumstances, the
mechanism had been put in place for local non-profit groups to apply for rental rate adjustments. These
judgments would be made under the Director and Commission's discretion.
Director Willers restated that the Community Center's goal was to serve the community and to make use of the
facility fair and reasonable for the people of Fountain Hills first. He stated that in the future there would probably be
other ideas and/or adjustments made to make things work better.
Councilman Kavanagh MOVED to accept the rate and fee schedule recommendation as just presented and Vice
Mayor Wyman SECONDED the motion.
Town Council Minutes Regular and Executive Session 8/02/01
Page 3 of 11
Councilman Kavanagh stated that he appreciated the Advisory Committee coming back so quickly and addressing
the Councilmembers concerns. He felt that this proposed fee schedules was more in line. He understood that the
Director would be in a position to waive the meeting fees only for the community groups such as the Kiwanis, the
Lions, the Women's Club, the Choir, Boy Scouts, Neighborhood Associations, Veteran Groups, and K of C but not
every group. That would only leave the special clubs not covered. Deputy Director Bryan Hughes of Parks and
Recreation had informed him that Parks and Recreation would be willing to consider those types of clubs for
inclusion in their sponsorship because they were similar to clubs for which fees were now being waived. He added
that with Parks and Recreation willing to open up the application procedure, those groups would also have the
opportunity to have their fees waived. He concluded that all of his concerns had been answered.
Mayor Morgan asked for clarification as to if the fees for the service clubs being waived. Director Willers
responded that was correct. He felt that it had been the board meetings that Councilman Kavanagh had been
referring to which would be a supplement to those organizations' regular weekly meetings in the ballroom.
Councilman Kavanagh responded that he had been referring to both the weekly and the ballroom. Director Willers
stated that the weekly meetings would be held in the ballroom and the fees would not be waived. Councilman
Kavanagh agreed that Director Willers was correct, as he had asked for consideration of the conference and
classroom meeting rooms and that waiving ballroom fees would be up to the discretion of the Director. Director
Willers stated that everyone was in agreement that those groups who met on a regular basis and wanted to use the
conference rooms or the classrooms for their board meetings could do so at no charge.
Councilwoman Fraverd said she had thought the classroom fees would be as per the new revised fee schedules,
which were a flat $15 for three hours. Director Willers said that was correct. He felt what Councilman Kavanagh
had been referring to was to the ability of groups to request a waiver of fees if they so desired. According to the
proposed fee schedule, the use of a classroom was a flat $15 for up to 3 hours of use, same as the seminar room or
the childcare room. The use of the conference room would be free if the group were to meet on a regular basis.
Mayor Morgan used the Women's Club as an example. They meet once a month, so their board meeting would be
free. A group that would meet periodically, but wanted to have a meeting but not on a regular basis in the
Le boardroom would pay a flat $15 for three hours. Director Willers stated that they would pay $15 per hour, as the
boardroom was not part of the up to three-hour category. He noted that they would have the option to use the
seminar room or classroom and meet there for up to three hours for a flat $15. He proposed that the seminar or
classroom could be setup to look like a boardroom.
Councilwoman Fraverd again used the Women's Club as an example stating that they could have their board
meeting at no charge in the conference room but should they decide to have a Women's club meeting in the class
room with 100 members, they would be charged $15 flat fee for three hours unless they applied to the Director for a
waiver. Director Willers agreed with that scenario. Councilwoman Fraverd said Councilman Kavanagh was giving
the idea that anyone that wants to meet in the classroom might be able to waive the fees. Councilman Kavanagh
responded not anyone, only the service groups. Councilwoman Fraverd said that would put Director Willers in a
difficult position if every non-profit group that wants to use the classroom comes to him for a waiver instead of
paying the flat rate of$15 for three hours. '
Councilman Kavanagh stated that right now the Choir paid nothing. He asked what they would pay under the new
program. Director Willers replied that Choir would have the option of using a double classroom or meeting room for
up to three hours for$25. Councilman Kavanagh expressed concern that would increase the Choir's cost to$100 per
month from nothing. He felt the Council needed to address that.
Mayor Morgan stated she enjoyed the concerts and she had family that participated in the choir. She noted that this
organization did provide entertainment for the community but that they did not do it for free. Councilman Kavanagh
said they were not salaried and Mayor Morgan agreed that they were volunteers. She pointed out that the
organization made money from these concerts and did incur and pay for other related expenses such as sheet music
and props. She noted that the new building could not open the doors for less than $1,000 per day. Mayor Morgan
L. said it was not fiscally responsible for the Council to give away everything to everybody and she felt that the
proposed fees were reasonable.
Town Council Minutes Regular and Executive Session 8/02/01
Page 4 of 11
Councilwoman Ralphe agreed that the Council had a dual responsibility. They wanted to encourage civic groups
and she felt that these new fees were a good compromise. She pointed out that the Council had a responsibility to
the taxpayers as well as to the non-profit groups. It was a known fact that the building was not going to be self-
sufficient overnight, but the Council also had the responsibility to the taxpayers to work towards that direction even
tilikiwy if that was not achieved. Mayor Morgan said the taxpayers were a part of some of these non-profit groups. She
restated that these fees were reasonable and were a well thought out compromise.
Councilman Kavanagh said he did not think that the proposed fees were unreasonable. He stated his three reasons
why he did not want to charge non-profits a fee to meet in the meeting rooms:
1) Volunteer groups use their own time to better the community and did not profit.
2) It was a matter of equity.
3) Attendance. He wanted full utilization of the facility.
Mayor Morgan reiterated that the taxpayers expected the Council to be fiscally responsible. She did not think that
Councilman Kavanagh's proposal was fiscally responsible. Vice Mayor Wyman summarized that this would be a
work in progress as the Town had to start somewhere. He noted that some of the members of the Advisory
Commission were also members of these same groups. He agreed with Councilman Kavanagh that the fees did not
appear to be unreasonable because there was a mechanism that provided for a waiver for anyone who thought that
their particular situation required an adjustment. Those groups could appeal to the Director for a fee waiver if there
was merit. Vice Mayor Wyman proposed that the Council approve this fee schedule as presented, make it a work in
progress, and get on with it. He stated that if it had to be adjusted at some point, the Director and the Advisory
Commission had the good sense to come back to the Council at that time.
Councilman McNeill said that the Commission had done exactly what the Council had asked them to do. He
thanked them for their hard work in coming up with these recommendations. He saw that for most groups there
would be a substantial reduction in fees paid which would be held in a much nicer facility. Councilman McNeill
said most users had been paying fees and this fee schedule was very responsive and a mechanism existed to provide
a waiver to those groups with a special need. He agreed that the Council should move forward now and address any
problems later.
Howard Segman—Golden Eagle Estates (member of the Shalom of Fountain Hills)
They were happy with the proposed fees.
Rebecca,Ellison 15115A N. Ivory (Four Peaks Women's Club)
They were pleased at the proposed rate structure. She asked for clarification on what normal business meant. She
asked that the Council keep in mind there were organizations that did not meet during the day and their club was one
of those. She needed to know how that would impact their organization as they looked forward to meeting at the
center. If the center were to only be available from 9 a.m. to 5 p.m. they would not be able to make use of it.
Director Willers reiterated that normal business hours of the Community Center were Monday through Friday 8:00
a.m. to 5:00 p.m. The normal business of the center would be conducted when most folks were not working so the
Community Center would be open most evenings and on the weekends. He asked that groups give him a call and
schedule a meeting time. If that date did not work, staff might suggest other dates that would work. He restated that
staff would be most flexible and do everything they could so that those groups can use the center.
Gloria Mowers, 15951 E. Ponderosa(President of the Fountain Hills Women's' Club)
She stated that their group was asking for special consideration for their"House Tour". She noted that if they had to
pay a large amount of money, it would impact their gift giving ability. She asked for special fee consideration since
this organization had used the existing Community Center for fund raising for over 20 years. Mayor Morgan felt
that this could be worked out on the Commission level.
L
Town Council Minutes Regular and Executive Session 8/02/01
Page 5 of 11
Walt Franklin, 16937 E. Nicholas (Vice President of the Civic Association)
He felt that the commission had come up with a fee schedule that was equitable and reasonable with consideration
for the ability to pay. The Civic Association supported this fee schedule.
Lr Carolyn Rosenquist, 15969 E. Ponderosa
She felt that there was an inequity with regard to the seniors. The seniors did not have the same commitment that the
rest of the service organizations did. She asked that the Council consider who is being charged for what. She
wanted the Council to consider the amount of freebies given out.
Councilman Kavanagh restated that he was pleased that his request to have the Commission revisit the fee schedule
had resulted in rates that were acceptable. The discussion had answered his attendance question but the fees did not
address his concerns with the equity and the fact that he did not want to charge volunteers. He said that he would not
be supporting it.
The motion CARRIED on a vote of 5— 1 with Councilman Kavanagh casting the nay vote.
AGENDA ITEM#10. PUBLIC HEARING ON RESOLUTION 2001-39, ADOPTING THE TENTATIVE
BUDGET AS THE 2000-2001 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Mayor Morgan opened the public hearing at 7:48 p.m.'
Acting Town Manager/Town Manager Bill Farrell reviewed that state law and the Council provides that any citizen
may at this point come forward and give comment in a public hearing setting regarding the adoption of the annual
operating budget for the Town's fiscal year 2001-2002.
Mayor Morgan closed the public hearing at 7:58 p.m.
AGENDA ITEM#11. CONSIDERATION OF ADOPTING RESOLUTION 2001-39, ADOPTING THE
TENTATIVE BUDGET AS THE 2000-2001 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN
HILLS.
Councilwoman Ralphe MOVED to approve Resolution 2001-39 as just presented and Councilman McNeill
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#12. CONSIDERATION OF RESOLUTION 2001-34 AMENDING THE PERSONNEL
POLICIES AND PROCEDURES FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING POLICY 6.5
SICK LEAVE; AND 6.6 FUNERAL LEAVE.
Mr.Farrell said this item had been referred back to the Council from a previous meeting. He noted that two of the three
items had been previously agreed upon, with the third item remaining for consideration tonight. This third item would
be whether or not to adopt a policy that would allow employees with ten or more years of continuous full-time service
to be able to qualify for payment of a portion of accumulated sick leave.
Mr. Farrell stated that information had been provided to the Council that was designed to help with the decision. He
confirmed that other valley public entities allowed accumulation and payout of sick leave in addition to the
accumulation and payout of vacation time. Paradise Valley seemed to have an identical policy to the one being
proposed tonight, although the Town's appeared to be more rigid. As the acting Town Manager he had gone back to
the Employee Benefit Committee and asked them to convince him why this was a good policy so that he could
recommend it to the Council. He had expressed the Council's concerns to them about accumulating sick leave and then
coming to work on days that the employee really should have stayed home. He had been informed that the
qualification period allowed the employee to still use over 50% of what they had accumulated and still be eligible to
receive some compensation. He had been satisfied that the employees would not be stacking their sick leave merely to
get a monetary benefit and that over the course of time, a full-time employee would not be a health risk. It was
designed for the type of instances such as our town manager was going through.
Town Council Minutes Regular and Executive Session 8/02/01
Page 6 of 11
Mr. Farrell referred to charts, which had been prepared for the Council's review, which showed what the employee
cycle was in terms of longevity. It included an example of seven employees who were eligible and what annual amount
would have to be budgeted if all announced that they were going to terminate or retire within a calendar year. He
pointed out that 240 hours was in fact 6 weeks pay and not one month's pay. Mr. Farrell asked that the Council
Low, favorably consider adoption of this policy. He did not feel it was fiscally burdensome to the community or to the
Town's budgeting process. He considered it an important employee benefit in the long run that did not minimize or
jeopardize the health considerations of the Town's long-term employees.
Mayor Morgan MOVED to approve Resolution 2001-34 as just presented and Councilman Kavanagh SECONDED
the motion.
Councilwoman Fraverd asked what staff thought they would be getting. If an employee met all the requirements and
they were to leave after 10 years, were they under the impression that they would be getting one month's pay or 6
weeks. Mr. Farrell clarified that the committee and staff were understood that they would qualify for 240 hours of
their pay, which is what they had requested. He admitted that he had made the mistake of saying one month.
Councilwoman Fraverd asked if the average employee had calculated in their mind a dollar amount versus the
months (one or two). Mr. Farrell said it would be difficult for him to say but felt that most employees looked at the
total number of hours that they had accumulated and did not look at it in terms of months. He reminded the Council
that the Town actually paid 26 times a year, which again had the employee not thinking about months. He restated
that the use of the term "months", was just an unfortunate error on his part and he apologized for the confusion.
Vice Mayor Wyman verified that the resolution was correct because hours were stated not months. Mr. Farrell
confirmed that only his exhibits had been incorrect.
Councilman Kavanagh said it was important to point out that the employees would get nothing after 10 years if they
used their sick time. This would be a reward to the employee who did not use sick time. Hopefully, implementing
this policy would reduce sick time because the employees would see the benefit of not using it and there would be
savings in the reduction of sick leave by all employees. He felt that the burden of implementing this would be born
by decreases in sick time used. He also liked that this policy was not an "all or nothing"thing. The employee would
ifiblv not lose everything by being out sick one day. He stated this policy was a good balance.
Councilwoman Ralphe said the Council had a dual responsibility. She noted one responsibility was to treat the
dedicated, professional and competent staff well and this policy did that. The other responsibility was to be fiscally
responsible to the public. With that question in mind, she had asked Mr. Farrell to provide a comparison of what
policies other municipalities had in place. She noted that although some only provided these benefits upon
retirement, others didn't provide them at all. Councilwoman Ralphe said that this was a middle ground and was right
by the taxpayer and the employees.
Councilwoman Fraverd felt this policy was generous. It was a good way for staff members who were inclined to use
their sick time to think about it. She felt that the addition of the personal days would help those folks who used their
sick days to take care of personal matters. Councilwoman Fraverd asked that in the future that the Benefits
Committee would focus on benefits to improve working conditions for those who stay with the Town rather than
benefits for those that chose to leave the Town. She saw this as a benefit for those leaving. Councilwoman Fraverd
stated that she would prefer to increase morale and make for excellent employee working conditions rather than
giving the employees a fat check when they leave.
The motion CARRIED unanimously.
AGENDA ITEM#13. CONSIDERATION OF A TOWN COUNCIL INITIATED AMENDMENT TO
SECTIONS 6.02 AND 6.03 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
PROHIBIT NEON SIGNS.
Director Valder stated that this was on the agenda at the request of Councilman Kavanagh. Currently neon signage was
permitted in the Town's sign code. He felt what Councilman Kavanagh's intent was to ask the council how they feel
41116,, about the usage and if they wanted to prohibit neon lighting including outlining and signage in the Town. He explained
Town Council Minutes Regular and Executive Session 8/02/01
Page 7 of 11
the proposed text stated that if a neon sign or other use of neon signs were currently permitted through an approved sign
permit or a building permit,those signs would be grandfathered. New neon signs would not be permitted.
Councilman Kavanagh MOVED to initiate an amendment to Sections 6.02 and 6.03 as just presented and
Councilwoman Fraverd SECONDED the motion.
Mayor Morgan questioned the inequity of this action and how it would be explained to businesses. Councilman
Kavanagh said that it should be stated that it was a recognized problem that was being corrected. He said this
request grew out of a near unanimous opinion of the Council during a discussion previously held regarding a
carwash special use permit where use of neon signage had been restricted. He had specifically asked Director
Valder to provide a provision to grandfather in any existing legal neon signage. Councilman Kavanagh stated it
was not his intention to tell a storeowner who had purchased and legally put up a neon sign to take it down. Rules
should not be changed after the fact. He pointed out that no new neon could sprout in Town under this ordinance
but it did not affect legal neon. He felt that was fair since it would not be hurting existing legally installed signage.
Mayor Morgan inquired if Target would be affected. Director Valder replied Target would be using an approved
signage lighting process. Councilman McNeill stated he had not noticed a proliferation of neon signs. He did not
feel this was something that was required within Fountain Hills at this time. Vice Mayor Wyman said Director
Valder's draft took care of use of neon to the extent that the Council would be willing to accept. He would be
willing to support it. Councilwoman Ralphe was willing to support this text amendment, as it was another avenue
for obtaining good lighting. Councilwoman Fraverd saw this amendment as being proactive and the citizens would
appreciate it, if not now, in the future. She asked if everyone with neon would be grandfathered in. Director
Valder replied yes, as long as the sign was permitted in the first place. If they had a neon sign in the window and
they had enough allowable sign area left over after their permanent signs were counted, they could keep that neon
sign. He stated he knew of a couple of establishments in Town where they were in violation of the Town's sign
code and staff had just not initiated the necessary enforcement action.
The motion CARRIED on a vote of 4 -2. Councilman McNeill and Mayor Morgan cast the nay votes
lw AGENDA ITEM#14. PUBLIC HEARING ON A SPECIAL USE PERMIT FOR POLESE PEST
CONTROL FOR A PEST CONTROL HOME OCCUPATION LOCATED AT 15833 RUSKIN LANE,CASE
NUMBER SU2001-07.
Mayor Morgan opened the public hearing at 8:15 p.m.
Senior Planner Burkhardt reviewed the nature of the request. He noted that if hazardous chemicals were stored or used
within a home, the homeowner/business must obtain a special use permit through the Council. This applicant was
requesting to store all pesticides within his vehicle that would be kept in his locked garage when he was not out in the
field. Mr. Burkhardt stated staff was recommending approval. He noted that the Planning and Zoning Commission
had unanimously approved this application with the stipulations as listed. He said that two letters of opposition had
been received.
Vice Mayor Wyman asked how vigilant the Fire Department was in monitoring the chemical storage by these
applicants as he felt that was the primary concern. He questioned whether or not the visits made by the Fire
Department were at random or did they call the applicant first. He felt it was one thing to put this stipulation in the
permit but it was another to enforce it. Mr. Burkhardt stated that he was not familiar with the degree of inspections that
the Fire Department had. He thought that if the Fire Department had reason to suspect any wrongdoing they would do
an inspection. He stated that there had not been any instances that warranted any type of action by the Fire Marshal.
He was of the opinion that the Fire Marshal performed annual inspections. With the reorganization of the Fire
Department, staff had put together a map identifying the location of the approved special use permits. Director Valder
agreed that the Fire Department held at least once a year inspections, but it generally was twice per year with most
being spot unannounced inspections.
Mayor Morgan closed the public hearing at 8:20 p.m.
Town Council Minutes Regular and Executive Session 8/02/01
Page 8 of 11
AGENDA ITEM#15. CONSIDERATION OF A SPECIAL USE PERMIT FOR POLESE PEST CONTROL
FOR A PEST CONTROL HOME OCCUPATION LOCATED AT 15833 RUSKIN LANE, CASE NUMBER
SU2001-07.
Councilwoman Fraverd MOVED to approve the special use permit as just presented and Councilman Kavanagh
SECONDED the motion.
Councilwoman Fraverd asked the applicant about letters received from residents who were concerned with a
chemical that was being taken off the market. Mr. Polese replied that he was familiar with that chemical (Strike
Force). It had been on his original list of chemicals and since that time he had not purchased that chemical. He
agreed he would not purchase that chemical. Councilwoman Fraverd said that was good news. Mr. Polese stated
that he had been licensed by the Pest Control Commission. He reviewed that this Commission made unannounced
inspections of vehicles and was monitoring what was done in the field. Mayor Morgan stated that was even more
reassuring.
The motion CARRIED unanimously.
AGENDA ITEM#16. PUBLIC HEARING ON A SPECIAL USE PERMIT TO ALLOW THE STORAGE
AND USE OF HAZARDOUS MATERIALS AS A PART OF THE BUSINESS SERVICES USED AT A
PROPOSED MANUFACTURING FACILITY LOCATED AT 16611 EAST LASER DRIVE, #101, AKA
FINAL PLAT 414,LOT 52,CASE NUMBER SU2001-08.
Mayor Morgan opened the public hearing at 8:23 p.m.
Senior Planner Jesse Drake reviewed that the Council had previously approved a special use permit application for this
applicant at a different location. The applicant has decided to move the business. They constructed a new building for
this same business up the street and it remained in the Fire Rock Industrial Park. She stated that once the business was
moved,the applicant had to obtain a new special use permit because the special use permit runs with the location. Ms.
Drake summarized that the special permit application previously heard by the Council on May 3, 2001, and approved
then, is basically the same as this application with only the location changing. She displayed and discussed the
proposed new building's floor plan and the fact that they would continue to follow all regulations. She stated that the
Planning and Zoning Commission had approved the plans. Ms. Drake confirmed that this applicant had not had any
violations with regard to the use or disposal of hazardous materials or complaints about the business. Since the
application was noticed and posted staff had not received any interest in this application at all. Ms. Drake said that the
Planning and Zoning Commission was recommended approval as did staff.
Councilman McNeill asked if there was to be any increase in the amount of chemicals at the new location or basically
replicating the operation they have today. Ms. Drake stated that the applicant was available to answer that and any
other questions that the Council might have.
Mr. Glen Karlberg, 16508 E.Laser Drive
He responded that the amount of the chemicals on site would remain the same.
Mayor Morgan closed the public hearing at 8:27 p.m.
AGENDA ITEM#17. CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW THE STORAGE
AND USE OF HAZARDOUS MATERIALS AS A PART OF THE BUSINESS SERVICES USED AT
PROPOSED MANUFACTURING FACILITY LOCATED AT 16611 EAST LASER DRIVE, #101, AKA
FINAL PLAT 414,LOT 52, CASE NUMBER SU2001-08.
Councilman Kavanagh MOVED to approve the special use permit as just presented and Councilwoman Ralphe
SECONDED the motion. The motion CARRIED unanimously.
L
Town Council Minutes Regular and Executive Session 8/02/01
Page 9 of 11
AGENDA ITEM#18. CONSIDERATION OF RENEWING THE CONTRACT OF TOWN MANAGER
PAUL NORDIN.
Mr.Farrell stated that this was a recommendation to renew the employment contract of the Town Manager Mr. Nordin.
He was recommending approval to the Council for a specific increase in his compensation to be effective retroactive to
L. the first pay period in July 2001. He was requesting that Mr. Nordin's current compensation be increased by 41/2% to
$101,764 annually.
Vice Mayor Wyman MOVED that the annual compensation of Town Manager Paul Nordin be increased from the
current annual rate of $97,370 by 41/2% to $101,764 retroactive to the first full pay period of July 2001.
Councilwoman Fraverd SECONDED the motion. The motion CARRIED unanimously.
AGENDA ITEM#19. CONSIDERATION OF APPROVING A RATE OF COMPENSATION FOR
ACTING TOWN MANAGER BILL FARRELL.
Mr. Farrell reviewed that last month when he had agreed to become the acting town manager he had said he would do
this on an interim basis and after a month he would speak to the Council about the affect it was having on his practice.
He acknowledged that it has had a positive affect on him personally. He introduced Jennifer LaFortune who was an
attorney recently admitted to the bar who was now working for his law office. Mr. Farrell continued that he did not
know how long he would be the acting town manager. He pointed out that his normal compensation was in terms of
dollars and he was responsible for all of the benefits and overhead. He suggested to the Council that the sum of$6,000
per month as additional compensation would be reasonable given the amount of time and energies expended. He felt
that with Jennifer's and staffs help they would try and keep up the high level of service that Paul had established.
Councilwoman Fraverd MOVED to authorize the sum of $6,000 per month as additional compensation to our
Town Attorney Bill Farrell for services as Acting Town Manager effective July 1, 2001 and Councilman Kavanagh
SECONDED the motion.
Vice Mayor Wyman endorsed this action. He expressed that the Town was fortunate that someone with the
experience needed was here. He felt that Mr. Farrell had a great rapport with the staff and in particular with the
Council and friend and colleague Paul Nordin. Because of this, and with the knowledge that Mr. Farrell had of
many of the difficult and sometimes contentious things going on in town, he restated that the Town was indeed
fortunate. He did not know where the Town would have been able to find that capability if he had not come
forward. He reminded the Council that Mr. Farrell was not superman as now there many things that he had to read
and do that he did not necessarily have to do that much of in the past. Because of that burden he has gone out at his
expense and hired Jennifer to assist him with the legal end of things so there was that additional expense on his
part.
Mayor Morgan said that when a disastrous situation came along such as was the case with Paul, for the town to
continue in the complicated situations and issues that the Town had on hand without a hiccup was something of
which the public should be aware. She stated that the public should also be aware that the compensation that Mr.
Farrell would be getting as acting town manager was less than what the town would have had to pay if the League
of Cities and Towns had been asked to bring in someone to assume this position. She said they were under the
opinion that a person filling in (without any current knowledge of the Town's business) should be compensated the
same as the current Town Manager. She felt the Town was getting more than their fair share of a bargain. She
supported this action with all of the added responsibilities.
Councilman Kavanagh expanded on the fact that almost all of the $6,000 that would be going to Mr. Farrell would
be paying for the additional legal lawyer added to his firm. The small amount extra probably did not come close to
compensating him for all the late night reading and work that he was doing and as well as the extra aggravation.
Councilman McNeill felt this was very reasonable compensation under the circumstances and he thanked Mr.
Farrell for the job that he does for the Town and the Council.
The motion CARRIED unanimously.
Cay
Town Council Minutes Regular and Executive Session 8/02/01
Page 10 of 11
AGENDA ITEM#20. CALL TO THE PUBLIC.
No one came forward.
Lor AGENDA ITEM#21. ADJOURNMENT.
Councilwoman Fraverd MOVED to adjourn and Councilwoman Ralphe SECONDED the motion, which
CARRIED unanimously. Mayor Morgan adjourned the meeting at 8:38 p.m.
TOWN OF FOUNTAIN HILLS
By-
Sharon Morgan,Ma or
�j �
ATTEST: L4 ' -'�L o.
Cassie B. Hansen,
Director of Administration/Town Clerk
PREPARED BY: _ /- a' -4
Bev Bender, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive
Meeting held by the Town Council of Fountain Hills on the 2°d day of August 2001. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 16th day of August 2001.
„L.Li
Cassie B. Hansen,
Director of Administration/Town Clerk
L
Town Council Minutes Regular and Executive Session 8/02/01
Page 11 of 11