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HomeMy WebLinkAbout2001.0816.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL August 16,2001 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 RENEWAL AND CHANGES TO THE EMPLOYMENT CONTRACT OF TOWN MANAGER,PAUL NORDIN, WHO IS CURRENTLY ON DISABILITY LEAVE; THE COUNCIL WILL ALSO DISCUSS COMPENSATION FOR THE ACTING TOWN MANAGER); 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 THE PROPERTY CURRENTLY LEASED FOR THE TOWN HALL OFFICES); RESPECTIVELY. Councilwoman Ralphe MOVED that the Council convene the executive session and Councilwoman Hutcheson SECONDED the motion,which carried unanimously. Mayor Morgan adjourned the executive session at 6:20 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 Vice Mayor Wyman,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 Sharon Hutcheson, John McNeill, John Kavanagh, and Susan Ralphe. Councilwoman Leesa Fraverd was absent. Also present were Acting Town Manager/Town Attorney Bill Farrell, Director of Administration Cassie Hansen,and Director of Public Safety Gendler. Mayor's Report: Mayor Sharon Morgan gave an update on the medical condition of Town Manager Paul Nordin. AGENDA ITEM#1. CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 2 AND 9,2001. AGENDA ITEM#2. CONSIDERATION OF A LEASE/MANAGEMENT AGREEMENT WITH THE FOUNTAIN HILLS LOWER VERDE RIVER VALLEY MUSEUM & HISTORICAL SOCIETY FOR 5,000 SQUARE FEET OF THE NEW LIBRARY/MUSEUM FACILITY REFERRED TO AS THE "MUSEUM SITE". AGENDA ITEM#3. CONSIDERATION OF AWARDING THE BID TO PINNACLE ROOFING IN THE AMOUNT OF $46,962.62 FOR THE REPLACEMENT AND/OR REPAIR OF TOWN HALL ROOFS, BUILDINGS A,B AND C,AND THE TOWN-OWNED COMMUNITY THEATER BUILDING. AGENDA ITEM#4. CONSIDERATION OF ORDINANCE 01-14, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE COTTONWOODS MAINTENANCE DISTRICT Town Council Minutes Regular and Executive Session 8/16/01 Page 1 of 5 SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR MAINTENANCE OF CERTAIN PEDESTRIAN AREAS, PARKING AND PARKWAYS,ALL FOR THE FISCAL YEAR ENDING THE 301."DAY OF JUNE,2002. 111 AGENDA ITEM#5. CONSIDERATION OF RENEWING THE ANNUAL ASPHALT AND CONCRETE CONTRACTS WITH MARKHAM CONTRACTING. AGENDA ITEM#6. CONSIDERATION OF RESOLUTION 2001-41, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE SOUTHERLY PROPERTY LINE OF LOT 15,OF PLAT 603C,BLOCK 2,(15933 E. THISTLE DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY,ARIZONA. (BROCK LAFFOON) EA01-21 Agenda Item #7 was removed from the consent agenda at the request of Acting Town Manager Bill Farrell. Mayor Morgan proceeded by reading agenda items 1 —6. Councilwoman Hutcheson MOVED to approve the Consent Agenda as just read (Items 1 — 6) and Councilwoman Ralphe 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 Councilwoman Hutcheson- aye Mayor Morgan- aye The motion CARRIED unanimously. AGENDA ITEM#7. CONSIDERATION OF GRANTING FOUR UNDERGROUND POWER EASEMENTS AT FOUNTAIN PARK TO SRP FOR THE OPERATION OF THE NEW FOUNTAIN HILLS SANITARY DISTRICT RECHARGE WELL PUMPS. Councilman McNeill recused himself from the discussion and vote because he is employed by SRP and he wanted to avoid any appearance of conflict. Councilman Kavanagh MOVED to approve the easements as presented and Councilwoman Hutcheson SECONDED the motion,which CARRIED unanimously on a vote of 6—0. AGENDA ITEM#8. CONSIDERATION OF ACCEPTING FINANCIAL RESPONSIBILITY FROM THE LAKESIDE VILLAGE ASSOCIATION FOR THE STREET LIGHTS AROUND FOUNTAIN PARK. Acting Town Manager Mr. Farrell reviewed that on May 22, 2001, the Mayor, the Council and the Town Manager received a letter from the Lakeside Village Homeowners Association requesting that the Council reconsider a decision previously rendered regarding the street lighting adjacent to Fountain Park and the Lakeside Village area. He noted that staff had prepared and presented a visual that depicted the location of these lights and they were present and ready to speak to this matter. Vice Mayor Wyman MOVED to accept financial responsibility for the lights as presented and Councilman Kavanagh SECONDED the motion. Vice Mayor Wyman pointed out that the visual showed that a large majority of the lights surround Fountain Park with all but six of the twenty-six lights necessary for security surrounding Fountain Park. He explained that these lights were put in as part of the development by MCO. In the past, the Town had said that because of the dark skies policy, they did not believe that the Town should be responsible for these particular lights. He noted that SRP would not allow the (Home Owners Association) HOA to turn the lights out as part of the contract with the HOA. He questioned if the Town really wanted the lights turned off around Fountain Park because of security concerns. He felt that the six lights along the southern part of Panorama Drive should remain the HOA responsibility. Vice Mayor Wyman calculated that the lights around Fountain Park made up 2/3 of the total of lighting costs now paid by the HOA. He felt that the town should pay for the lights surrounding Fountain Park. Town Council Minutes Regular and Executive Session 8/16/01 Page 2 of 5 Public Safety Director Gendler agreed that the Fountain Hills Law Enforcement considered the lighting around Fountain Park to be essential based upon studies done by the Justice Department and the ISCP that show lighting helps to reduce property crime and crime against persons. He pointed out that in the winter when it gets dark earlier and light later the people on the roads would be in danger if there wasn't lighting in that area. He reminded the Council that the Marshals Department was also committed to a wash policy. Since there was a wash in the area, it would be consistent with the policy to provide lights there. Director Gendler stated that if there weren't any lights in the park area, it would adversely affect their ability to protect the residents of the area and stop illegal activities that go on in the park. Vice Mayor Wyman asked about the area south of El Lago on Panorama. Director Gendler responded that from a law enforcement viewpoint"any lights"on"any roads"in Fountain Hills were considered to be a benefit. Councilman McNeill agreed there was a need for lighting at the park. He questioned whether or not the lighting currently there was the type of lighting that the Town would choose today. He noted that the improvement plans for Fountain Park included provisions for some additional lighting but he did not know if the Parks and Recreation Commission had looked at the issue of lighting around the park's perimeter. He suggested it would be prudent to follow staff's recommendation to proceed with the technical evaluation of the current lighting for adequacy and condition. He acknowledged that he would not be interested in taking over the responsibility for the six lights that did not border the park. He proposed that staff explore the possibility of the Salt River Project(SRP)contract as to if it could be amended. He thought it might be possible to have the Parks and Recreation Commission work with SRP with regard to the replacement of lights with something that would be more aesthetically pleasing and consistent with the Town's dark skies policy. Councilman Kavanagh pointed out that there were two issues: coordination with Parks and Recreation's future lighting plans and the six lights to the south of the park. If the number of the lights away from the park were a significant percentage of the overall lighting, it would be worthwhile to engage in a split process. Those six lights amounted to only 23% of the overall lighting and he did not think that, administratively, it would be worth billing someone for 23%. He felt that the Town should look at on an all or nothing basis. Councilman Kavanagh noted that Director Gendler had confirmed the importance of lighting around the park for security reasons. He said the transition could easily be made to a different style when Parks and Recreation proceeded with the improvements but that did not negate the need for lights now. He felt that it was reasonable for the Town to take responsibility for the costs of the lights. Councilwoman Hutcheson expressed support for taking over the responsibility for the cost of the lights around the park although she wanted additional questions answered with regard to the flexibility of the current SRP contract and what could be done with the lights. Mr. Farrell said that SRP had not been contacted directly but he did not have any reason to believe that they would not extend a cooperative attitude to amend the agreement. Councilwoman Ralphe acknowledged that the Council wanted a secure park with the newest lighting technology now available. She noted that this was something that staff had not yet had an opportunity to look into. Since those six lights on Panorama had no relationship to Town Government it would be best to try to separate them from this discussion. Councilwoman Ralphe agreed that the Town should contact SRP to discuss the contract and to the Parks and Recreation Commission as to what their total plans for the park included and work from there. The bottom line was that there was still information missing that was needed to make this decision. Councilwoman Ralphe MOVED to direct staff to look into the concerns discussed and get back to the Council. Councilman Kavanagh proposed an amendment might better meet the needs by stipulating that the takeover would be subject to acceptable modification potential to Town Staff including the Parks and Recreation Commission. Vice Mayor Wyman said it would be a simple thing to continue this issue by asking staff to look into it. He proposed that staff knew more about this issue than was evident in the report. He gave a brief synopsis of the contract terms with SRP. He asked that the Council keep in mind that with the number of issues going on in Town that it was the Council who had the leverage with SRP and not the HOA. He proposed that the Council take this responsibility on and work through the issues with SRP to satisfy the needs that are Town oriented. Councilman Kavanagh clarified that he wasn't suggesting tabling but an amendment that allowed the Town's assumption of the lights contingent upon staff contacting SRP and ensuring that the Town had the freedom to make the necessary modifications. He felt that this way the Town would be in a position to negotiate with SRP rather than put the cliby homeowners in a position where they would have to try and settle the problem. Town Council Minutes Regular and Executive Session 8/16/01 Page 3 of 5 Councilman McNeill noted that while the SRP contract did have a cancellation provision, there was another option, cancellation by payment of the up/down costs for the installation whichever was lower. He stated that he was reluctant to go ahead and proceed with the charge that the Town would look into things without knowing what the charges were. The Town would be better served by asking Parks and Recreation to look at this issue and staff talking to SRP. Councilman McNeill MOVED to table this issue so staff could address the issues. Councilman Kavanagh said he would second the motion if a specific time were noted. Mr. Farrell suggested that if the recommendation was to take the lights over and the decision wasn't approved until late September or early October, that the decision could be retroactive and the homeowners association could be reimbursed for the one or two months costs that they would have to pay while the Council reached the proper decision. He said that this approach would allow the council to take the necessary time to acquire the answers to those questions. Mr. Farrell anticipated that both September Council meetings would have one major item on the agenda (the mountain plats), which had the potential to be rather lengthy. He recommended that this issue might be better served with Council consideration set for the first meeting in October rather than either of the September meetings. Councilman McNeill said he would be willing to add that this issue be addressed at the first meeting in October and Councilman Kavanagh SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#9. CONSIDERATION OF ORDINANCE 01-15, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE,2002. Mr. Farrell reviewed that this was a requirement under State law. The Mayor and Council ask the County assessor and treasurer to levy a portion of the real property tax sufficient to pay obligations that the citizens had voted on for bonded indebtedness. He explained that this ordinance would direct the treasurer and the assessor to levy that amount. He asked the Council to approve Ordinance 01-15. Councilwoman Hutcheson MOVED to approve Ordinance 01-15 as presented and Councilman McNeill SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#10. DISCUSSION AND POSSIBLE ACTION REGARDING THE RENEWAL AND AMENDMENT TO THE EMPLOYMENT CONTRACT OF TOWN MANAGER PAUL NORDIN SPECIFICALLY CONCERNING FRINGE BENEFITS. Mr. Farrell asked that this item be tabled until the September 20th Council meeting. He requested the additional time to gather information from human resources and conduct a mini-survey of adjacent communities on the issue under Mr. Nordin's employment contract. AGENDA ITEM#11. CALL TO THE PUBLIC. Mr. Allen Hunt, 14648 N. Fountain Hills Blvd. He asked for clarification as to whom to talk to about what accommodations/equipment would be available at the new community center for his computer club. He said he had talked with Town staff and Library personnel and he was confused. Mr. Farrell indicated that he would meet with Mr. Hunt. AGENDA ITEM#12. ADJOURNMENT. Vice Mayor Wyman MOVED to adjourn and Councilwoman Ralphe SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:12 p.m. L Town Council Minutes Regular and Executive Session 8/16/01 Page 4 of 5 TOWN OF FOUNTAIN HILLS Adr Sharon Morgan,Ma or )ATTEST: Cassie B. Hansen, Director of Administration/Town Clerk PREPARED BY: :/ / 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 16th day of August 2001. I further certify that the meeting was duly called and that a quorum was present. DATED this 6th day of September 2001. Cassie B. Hansen, Director of Administration/Town Clerk Town Council Minutes Regular and Executive Session 8/16/01 Page 5 of 5