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Home My WebLink About2003.0403.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL April 3,2003 (11600 Mayor Beydler called the meeting to order at 5:30 p.m. AGENDA ITEM #1 - PURSUANT TO A.R.S. 38-431.03.A.4, FOR DISCUSSIONS OR CONSULTATIONS WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATIONS. (Specifically, the Gibson and Knapp lawsuits.) Vice Mayor Ralphe MOVED to convene the Executive Session and Councilman Archambault SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Beydler recessed the executive session at 6:26 p.m. AGENDA ITEM#2 -RETURN TO REGULAR SESSION. Mayor Beydler reconvened the Regular Session at 6:31 p.m. ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon Beydler, Vice Mayor Susan Ralphe, Councilmembers Rick Melendez, Leesa Stevens, Kathleen Nicola, Michael Archambault, and John Kavanagh. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Public Works Director Tom Ward, Senior Planner Dana Burkhart, Planner Denise Ruhling, and Bevelyn Bender,Town Clerk, were also present. The invocation was given by Vice Mayor Susan Ralphe. AGENDA ITEM#3 -RECOGNITION ITEMS. A) Recognize the Goyenas for their sponsorship of the "Eggstravaganza" Event. Mayor Beydler stated that once again members of Fountain Hills' business community had "stepped up to the plate" and made an outstanding contribution that benefited the entire town. He said that on behalf of the Town Council and Staff and the residents of Fountain Hills, he wished to recognize the contribution of The Goyena's - MCO Realty for their sponsorship of the 2003 "Eggstravaganza" that would be held on Saturday, April 12, 2003. The Mayor said that the "Eggstravaganza," a wonderful tradition for Fountain Hills, was started many years ago by volunteers at Fountain Park with thousands of hard-boiled eggs. He added that the event was now held at Golden Eagle Park and consisted of over 10,000 plastic eggs stuffed with candy and toys and continued to be an "EGGS-citing" time for both children and their families each year. Mayor Beydler expressed appreciation to The Goyena's - MCO Realty for their willingness to serve their community through the sponsorship of this unique Town event despite difficult economic times. B) Presentation of the Loss Control Award to the Town from the Arizona Municipal Worker's Compensation Pool. Risk Manager Bill Fox addressed the members of the Council relative to this agenda item and stated that the Lie Arizona Municipal Workers' Compensation Pool (AMWCP) Claims Committee presented Fountain Hills with an Award of Excellence plaque at the organization's 2001 Claims Awards event. He said that the Award of Excellence was designated for those members with the lowest loss ratios who had accomplished the control of injuries and occupational health exposures relative to their employees. Mr. Fox presented the Mayor and E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 1 of 24 Council with the Award of Excellence plaque and thanked them for their ongoing support. Mayor Beydler commended Staff for their efforts and thanked the Committee for the plaque. During a review of the Consent Agenda items, #5 (Resolution 2003-10) and #6 (Addendum to Final Settlement) were pulled for discussion purposes. AGENDA ITEM #4 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 11 AND 20,2003. AGENDA ITEM #7 - CONSIDERATION OF THE PRELIMINARY/FINAL PLAT FOR KEPLER CASAS CONDOMINIUMS, A 2-UNIT CONDOMINIUM PROJECT, LOCATED AT 16432 E. MONACO DRIVE,AKA FINAL PLAT 206,BLOCK 7,LOT 17: CASE#52003-03. AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2003-07 ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF LOT 14, BLOCK 6,PLAT 603B (15608 E. CHOLLA DRIVE)AS RECORDED IN BOOK 161 OF MAPS,PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA EA 2003-01. JERALD & KAREN LINDEMAN. Councilwoman Nicola MOVED to approve the consent agenda as read (Items 1-4, 7 and 8) and Councilman Archambault SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Ralphe Aye Mayor Beydler Aye Councilman Melendez Aye Councilwoman Nicola Aye Councilwoman Stevens Aye Councilman Archambault Aye Councilman Kavanagh Aye The motion CARRIED UNANIMOUSLY. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2003-10 ADOPTING A COMMUNITY FACILITIES DISTRICT POLICY. Councilman Kavanagh said that he had had many on-going questions and concerns regarding this issue. He added that it was his understanding that MCO had decided not to proceed with the development that required a Community Facilities District and therefore he would like to address this issue at a later date after adequate time had been allowed to study and better define the contents of the policy. Councilman Archambault MOVED to adopt Resolution 2003-10 adopting a Community Facilities District Policy, and Councilwoman Nicola SECONDED the motion. Town Manager Tim Pickering commented that following an in-depth discussion of this agenda item at a previous meeting, Staff had performed additional study on the policy. He said that the policy was also reviewed by a specialist in this field. The overall opinion was that the proposal before the Council at this time was appropriate and should be approved. He commented on the importance of having a policy in place prior to receiving additional requests and noted that during discussions with MCO, the company had indicated their intention to submit a request for a CFD. He reiterated that Staff recommended adoption of the Resolution. Greg Bielli, representing MCO Properties, addressed the Council and advised that the Town Manager was correct in stating that MCO would be applying for a CFD application for Adero Canyon in the future. He commented on the fact that he did have problems with the current policy. Mr. Pickering emphasized that the issue at hand was a Town policy rather than an agreement to be worked out between the developer and the Town. He noted that the Town recently underwent a very stringent review by Moody's and said that one of the main issues the company had with the Town was the fact that it did not have policies adopted and in place that addressed a number of important issues. He emphasized the importance of E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 2 of 24 getting the Town's "financial house" in order and stated the opinion that the adoption of the resolution setting the CFD policy in place was important, would benefit the Town, and should move forward at this time. Councilwoman Nicola asked if the policy was adopted this evening but later on it was determined that problems existed in certain areas, could the policy be revisited and amended. She also asked whether it would be better to wait until effort had been expended to identify and improve any weaknesses in the policy before actually adopting the resolution. Town Attorney Andrew McGuire responded that it was not unusual when adopting in-depth policies such as this that issues arose later that need to be clarified or amended. He stated that he was comfortable with the policy currently before the Council and therefore he would support whatever direction the Council decided to proceed. Mayor Beydler commented that when this issue was previously discussed, Mr. Pickering had stated that this was a policy that would prove to be a guideline for handling CFD applications, but the Council would still review on a case-by-case basis each individual project and project requirements. Mr. Pickering confirmed that the Mayor's recollection was correct. He noted that the policy allowed for a certain amount of flexibility with the ultimate decision made by the Town Council. He said he doubted that MCO would be the only applicant to request a CFD and added that this was why it was important to have a policy in place governing this important issue. Councilman Kavanagh expressed the opinion that a sufficient number of issues remained to be addressed in the policy to warrant delaying a vote until they had been further discussed and settled. He said that he wanted to go on record saying he would rather address problems "sooner" than "later." MOTION CARRIED BY MAJORITY VOTE(6 to 1) with Councilman Kavanagh voting Nay. L AGENDA ITEM #6 - CONSIDERATION OF ADDENDUM TO FINAL SETTLEMENT AGREEMENT WITH MCO TO CLARIFY EAGLE RIDGE DRIVE WILL BE PAVED UPON HOME OCCUPANCY WITH EAGLE RIDGE NORTH Vice Mayor Ralphe stated that she requested that this item be removed from the Consent Agenda. She said that the settlement agreement being proposed was one that the last Council worked out with MCO in December of 2001. She noted that she and two of her colleagues served on that Council and commented on the significant amount of work that went into the agreement in order to address a large number of critical issues. She said that the agreement gave the Town of Fountain Hills the mountain preserve that they had all been dreaming of for so long. Vice Mayor Ralphe commented that she did not want to do anything to the agreement and stressed the importance of not setting the precedent of opening it up to additional changes in the future that might not be beneficial to the preserve. In response to a question from Vice Mayor Ralphe, Mr. McGuire stated that the Town Council would retain the ability to decide whether changes were made to the agreement in the future. He added that the current addendum was offered by MCO as a way to clarify and the intent remained the same. Vice Mayor Ralphe stated that she would like to hear from MCO on this issue and asked Mr. Bielli to come forward. Mr. Bielli agreed with Mr. McGuire's comments. He said that the addendum was merely a clarification of the third paragraph that would allow the developer to proceed with Eagle's Nest. He emphasized that no material changes were being made, just a language clarification for MCO's protection that reinforced the fact that Adero Canyon's Certificates of Occupancy were limited to the construction of Eagle Ridge Drive. Additional discussion ensued relative to the proposed amendment and the fact that it clarified the language but ktio did not change any material part of the agreement itself. Councilwoman Stevens MOVED to approve the addendum to the Final Settlement Agreement with MCO to clarify Eagle Ridge Drive would be paved upon home occupancy within Eagle Ridge North and E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 3 of 24 Councilwoman Nicola SECONDED the motion. The motion CARRIED BY MAJORITY VOTE (6 to 1) with Vice Mayor Ralphe voting Nay. AGENDA ITEM #9 - CONSIDERATION OF ACCEPTING A DONATION OF TWO PIECES OF PUBLIC ART FROM THE FOUNTAIN HILLS ARTS COUNCIL AND THE FOUNTAIN HILLS PUBLIC ART COMMITTEE. Mr. Pickering commented that the Town of Fountain Hills was very fortunate to have such great volunteers who donate art to the Town. He noted that everything was in order this evening for the Council to accept the two pieces of art. Mr. Pickering requested that Mr. Jerry Miles, representing the Fountain Hills Arts Council and the Fountain Hills Public Art Committee,come forward for this presentation. Mr. Miles addressed the Council. He said that this evening it was his honor to speak on behalf of the Fountain Hills Arts Council and the Fountain Hills Public Arts Committee as the 13th and 14th pieces of art were donated to the Town. He noted that the organizations hoped to donate two-additional pieces of art later on during the year. Mr. Miles advised that the first sculpture was created by artist Randy Hand and entitled "George, The Tortoise." He noted that the 7-foot long turtle would be placed in or near the Fountain Park children's playground. He added that the second piece was a sculpture created by artist Marianne Caroselli named "Free to Be Me" and would be placed in the Community Center. Mr. Miles informed the members of the Council that the acquisitions were funded by a major grant from the Sunridge Foundation and by donations from a number of Fountain Hills'residents. Mayor Beydler thanked Mr. Miles, all of the members of the Fountain Hills Arts Council and the Fountain Hills Public Arts Committee, the Sunridge Foundation and all of the residents who contributed to the purchase of the fabulous artwork. In response to a question from the Mayor, Mr. Miles stated that it was anticipated that the second piece of art "Free to Be Me," would ultimately be sited at the Boys and Girls Club when their new facility was built and would be dedicated, in a public ceremony in mid-April,to the memory of Ashley Williams who was killed in a traffic accident in Fountain Hills approximately two years ago. He added that a plaque explaining the significance of the tribute and the acquisition of the piece would also be placed at this site. Councilman Melendez expressed appreciation to Mr. Miles and to Paul Kolwaite, Chairman of the Fountain Hills Public Art Committee, for their ongoing efforts in this area. He commended them and the members of their organizations for the contributions they make to the entire community. Councilwoman Stevens also thanked Mr. Miles and the members of the organizations for their contribution. She requested that in the future the Council be provided actual photographs of the pieces that could then be shown to the members of the audience and the home audience. Mr. Miles indicated his intention to provide such photographs in the future. Councilman Melendez MOVED to accept a donation of two pieces of public art from the Fountain Hills Arts Council and the Fountain Hills Public Art Committee and Councilwoman Stevens SECONDED the motion. MOTION CARRIED UNANIMOUSLY(7 TO 0). AGENDA ITEM #10 - DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO DEVELOP A POLICY FOR REGULATING PARI-MUTUEL WAGERING FACILITIES WITHIN FOUNTAIN HILLS. Town Attorney Andrew McGuire stated that the Town of Fountain Hills received a request to establish a pari- mutuel wagering (off-track betting) facility at a local establishment. He said that the Town did not have a policy in place regulating this type of activity. He reported that throughout the metropolitan area, a large number of cities had chosen to regulate this area while others had done nothing at all. He stated the opinion that should the Council decide to move forward with the development of such a policy, the process would be a lengthy one. He added that present at the meeting this evening were representatives from the local establishment as well as representatives from Turf Paradise. He said that they were willing to respond to questions from the Council. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 4 of 24 Jack Mullen, the Off-Track Operations Manager for Turf Paradise, addressed the Council relative to this agenda item. He said he had just returned from Yuma where the Council had unanimously approved an ordinance adopting the City of Flagstaff s rules and regulations governing off-track betting. He explained that off-track betting was a legal operation and had been for the last 50 years. He added that when the legislature passed a statute to allow the businesses to operate, they included in the statute a rule that said they had to go to the governing bodies in each area where they would like to operate to obtain their permission. He indicated his willingness to provide the Town with direction relative to obtaining ordinances governing off-track betting that had been adopted by numerous municipalities. Councilman Kavanagh asked whether there were different "levels" of off-track betting facilities or if they all provide the same type of amenities. Mr. Mullen responded that effort was expended to ensure that the facilities were comfortable and said that they serve food. He added that they do not allow problems to remain problems and any such issues that arise were solved immediately. He said that the facility must be able to receive signals and everything was done over telephone lines. He responded to a question from Councilman Kavanagh that the age limit had been 18 but would change to 21, effective June 2003. He reported that bets range from $1.00 to whatever the patrons wanted to bet. He briefly discussed the "co-mingling" process and how bets were actually made. In response to questions from Councilwoman Stevens, Mr. Mullen reported that horseracing takes place in the afternoon and dog racing in the evening. He said that if the proposal to operate in Fountain Hills was approved, this was what they planned to do inside the bar. He reported that they now operate in Yuma, Quartzite, Lake Havasu, Parker, Kingman, Flagstaff, Showlow, Stafford, Sierra Vista, Nogales, Glendale, Peoria, Phoenix, Tempe, New River, Rock Springs, Prescott, and Prescott Valley. He said that there were 50 sites currently within the state and added that the operations started to be put in place 14 years ago. Mayor Beydler asked how the other cities dealt with a number of off-track betting facilities within their communities and asked whether they allow anyone who applied to operate such a facility. Mr. Mullen advised that facilities the size of Fountain Hills typically only had one facility and said that Quartzite, Parker, Prescott,Lake Havasu and Flagstaff just had one. He stated that most of the towns just had one because they wanted the operations to be successful and basically partner with them so that everyone got along. He noted that Turf Paradise decides which facilities operate pari-mutuel wagering facilities and briefly discussed the selection process followed when deciding who should be allowed to operate in this manner. Mayor Beydler commented that the Town of Fountain Hills enjoyed a very good relationship with the Indian Community and noted that Dr. Pattea representing that community had expressed concerns regarding the competitive nature of the off-track betting facilities in view of the close proximity to the Community's gaming facilities. The Mayor asked what had transpired in other small communities that worked hand in hand with Indian communities and had established off-track betting facilities. Mr. Mullen responded that Yuma's situation was similar to Fountain Hills and the off-track betting facility had been successfully operating in that location for many years without any problems or conflicts. Councilman Archambault asked whether the organization sought out communities with specific populations in which to establish their operations. Mr. Mullen stated that although no minimum number existed, research was performed to determine the potential success ratio of operating a facility in a particular area. He noted that many residents of Fountain Hills frequented other off-track betting facilities. He added that requests also were received from residents who would like to see this type of facility established in their communities. In response to a question from Councilman Archambault, Mr. Mullen estimated that approximately $6,000 per day would be wagered on horse races and added that the company retains 13% of that amount. He stated that the Fort McDowell Indian Community did not offer off-track betting so the establishment of a facility would not compete with an amenity that the community was currently offering. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 5 of 24 Councilman Kavanagh asked whether it would be premature to talk with the applicant at this time or whether discussion and action should first take place relative to the development and adoption of a policy. Mr. McGuire stated the opinion that the discussion should remain focused on the policy at this time and stressed the importance of having a policy in place that would address any applications that were received in the future. Vice Mayor Ralphe asked if Staff was directed to develop a policy and it was brought back to the Council, did this mean that the Council would then have to move in the direction of allowing this activity to occur within the Town. Mr. McGuire responded that he did not believe that the adoption of a policy obligated the Council to approve the activity but it did raise the question of why a policy existed. He noted that the Council currently had the ability to decide whether to allow this activity to occur by voting aye or nay. He stated the opinion that if the Council decided it did not want the activity to occur; they might decide it was not necessary to direct Staff to develop a policy governing this activity. In response to questions from Councilman Archambault, Mr. McGuire stated that should the Council direct Staff to develop a policy, most likely one of the other policies currently in effect within another municipality would be used and possibly edited to fit the needs of the Town. Councilman Archambault suggested that a population count be included as part of the policy in order to limit the number of facilities that could be established. Mr. Pickering suggested that if the Council proceeded in this manner, that the policy include an application fee to cover staff time. The Mayor stated that the over riding issue before them this evening was whether the Council would entertain allowing this type of use to take place in the Town of Fountain Hills. He indicated that he was interested in hearing comments from citizens regarding this matter. Councilman Kavanagh asked which scenario would be more beneficial to the Town from a legal point of view: having no policy in place or voting yes or now as an application was received. Mr. McGuire stated the opinion that the current State statutory provision without any enacted policy was the easiest to defend because the Council was not required to provide reasons for its yes or no vote. Councilman Kavanagh said that he was hesitant to direct staff to craft some complicated policy when a significant amount of discussion and public input had not taken place regarding the issue. He added that he would consider having staff look into it on a preliminary basis but added that any in-depth involvement should take place only after extensive input and discussion had taken place. Mayor Beydler commented that perhaps the way to proceed was to see whether anyone on the Council would like to make a motion that the Council direct staff to look into putting together some preliminary ideas. They could then obtain community input regarding those ideas and a draft policy. Councilman Kavanagh MOVED and Councilman Melendez SECONDED that staff be directed to develop preliminary ideas relative to the development of a policy regulating pari-mutuel wagering facilities in Fountain Hills and that the information be presented at a future meeting for additional discussion and for the purpose of obtaining citizen input regarding the issue as well as the draft policy. Mayor Beydler stated that he had received several requests to speak from citizens and he would allow them the opportunity to present their remarks at this time. Arnold Van Ruitenbeek, 15215 San Tannin Mr. Ruitenbeek stated that this same issue came before a previous Council approximately ten years ago. At that time a little more notice(approximately four days) was given to the citizens that this issue was going to be addressed. He said that at that time he opposed it because he believed it would change the character of Fountain Hills. He discussed the opposition that was expressed regarding this issue ten years ago and the negative impacts such action would have on the entire community. He added that he was still opposed to this E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 6 of 24 taking place and asked the current Council to act in the same manner and not allow off-track betting to occur in Fountain Hills. Jim Heasley, 14842 Mayflower Mr. Heasley spoke in support of allowing a facility located in Fountain Hills to offer off-track betting services. He said that he had had the opportunity to observe such an operation and it was very low key and clean cut and provides a service that many people would like. He added that such a facility would attract people to the area and increase business revenues. Daniel Luciano, 16522 East Glenbrook Mr. Luciano stated the opinion that allowing an off-track betting facility to operate in the Town would not represent any competition for the casinos. He agreed that the Town Council had the ability to approve or deny any application that came before them. He added that statutorily, even if the Council did allow the business to operate,every year or two,depending upon the City or Town,the Council was given the opportunity to review the application and at that time could choose not to allow the business to continue to operate. He asked the Council to allow off-track betting to take place in Fountain Hills and stated the opinion that no resulting negative impacts would occur. Mayor Beydler thanked the speakers for their input. In response to a question from Mayor Beydler regarding providing security to ensure that young underage people were not participating in this activity or accessing the bar areas, Mr. McGuire commented that rules, guidelines,and even security requirements could be included as part of the policy. Councilwoman Stevens said that from the discussion she was hearing, she was not sure that anyone knew whether this was the route they wanted to go. She indicated her intention to present a motion to continue this item to the next meeting, get information out relative to the fact that it was going to be discussed and allow the citizens an opportunity to present input regarding this very important matter. Councilwoman Stevens MOVED and Mayor Beydler SECONDED a motion to continue this agenda item to the next Regular Council Meeting (May 1st) to allow further discussion and public input to take place. MOTION CARRIED UNANIMOUSLY (7 to 0). Mayor Beydler declared a brief recess at 7:37 p.m. and the meeting reconvened at 7:50 p.m. AGENDA ITEM #11 - DISCUSSION AND POSSIBLE ACTION AND DIRECTION TO STAFF REGARDING LAW ENFORCEMENT. Mayor Beydler commented on the fact that this issue had been an ongoing one in the Town of Fountain Hills and despite extensive discussions regarding the matter, efforts to arrive at a permanent solution to date had been unsuccessful. He noted that the matter was both critical and complicated and discussed his commitment to keep an open mind regarding this matter. He stressed the importance of listening to all of the information that would be presented this evening and rendering a decision that was based solely on facts. He added that the number one responsibility of government was to protect the safety of its citizens and said that there could be no compromise relative to the quality of public safety protection. Mayor Beydler said that the second most important obligation of government was to use the citizens' money wisely and emphasized the importance of remaining cost effective in its spending and making sure that they receive everything for which they paid. Town Manager Tim Pickering said that when this issue was discussed at the March 11, 2003, Work Study Session, the Council requested that both the Marshals and Sheriffs Departments refine their budgetary numbers for single agency law enforcement estimates. He said that he was proud of both organizations and believed they both did an outstanding job. He reported that there remained an approximate $400,000 difference and noted that the Marshal's Department came up with a figure of $1,980,030 and the Sheriffs Department arrived at$1,591,207. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 7 of 24 Mr. Pickering stated that this evening the question that was being framed was "with which department should we go?" and he believed that question was being framed incorrectly because it was framed as a decision between utilizing an all Marshals Department or an all Sheriffs Department. He stated that in view of the Town's current financial condition, it was ill advised to become an all Marshals' Department. He added that he was strongly against the creation of Fountain Hills own police department at this time for the following reasons: the Town was not in a financial position to accept such a large responsibility since money was lost every month and costs were larger than revenues, the Town's fund balance had continued to shrink which meant that the Town was spending its savings, and the Town couldn't begin to break even until the temporary sales tax was received in May. Mr. Pickering commented on the fact that a well publicized reduction in force had just been completed that reduced the budgeted FTE (Full Time Equivalent) employees from last year's FTE of 106 down to an estimated FY 2003-04 of 79, resulting in 27 employee positions reduced, some in the Marshal's Department. He added that recruitment of a large number of exceptional personnel who would trust the Town as an employer at this time would be exceedingly difficult. He also commented on the fact that there was no dedicated revenue source for taking on this responsibility and added that they could not afford the additional cost of$400,000 annually. He said that they had learned from the experience of taking on the responsibility of fire operations that a dedicated revenue source was needed before assuming such a large liability. He stated that deciding to have a municipal department would have long-term negative financial ramifications on the Town budget and was not advised until it could be better afforded. Mr. Pickering raised the question "what if the Justice Department allowed the reduction in force to take place?" He said that if their ruling allowed the Town to reduce its minimum number of officers and the flexibility to choose who those officers were, he would recommend contracting with the County for all law enforcement because of the cost savings that would result. He explained that the Sheriffs Department personnel cost less and that the Town could save anywhere from$300,000 to$500,000 or more a year. Mr. Pickering said that the second reason he believed the Council should make a decision was that the employees needed to have a decision made. He commented on the effects of Council decisions on morale and emphasized that employees needed a secure future. Leaving them in limbo was not an appropriate thing to do. He noted that historically, each time a political decision was made; it affected officer production as indicated in a Case Filings By Month chart he had prepared. He stressed the importance of consistency in law enforcement,the courts,and by the citizenry. Mr. Pickering also discussed risks associated with the potential benefits received from contracting with one agency. He reported that municipal department start-up costs would be more and additionally the County could raise contract costs in future years, which would make affordability difficult. He commented that because the Justice Department had scheduled their annual site visit in April, they would not know the outcome of their ruling until May and said that at that time a final determination as to the number of Marshals and Sheriff Deputies should be determined. He added that if the Justice Department leaves the decision of which agency to the Town, he recommended that they contract for those personnel. Mayor Beydler thanked Mr. Pickering for his input. Councilwoman Nicola pointed out that relative to Mr. Pickering's comments regarding a reduction in force, in January the Council voted not to proceed with any officer layoffs pending the outcome of the Justice Department's ruling. Mr. Pickering thanked Councilwoman Nicola for her clarification and said that because of the possibility of layoffs, some officers had left and currently there were eight Marshals remaining in that department. In response to a question from the Mayor,Mr. Pickering said that all of the information was before the Council and it was not his intention to allow additional presentations at this time. He added that should a question arise that he could not answer, staff and representatives from both agencies were present to respond. Councilman Archambault referred to citation graphs provided to the Council and questioned if the political 4411) affects of what had been done to the Marshals Department had contributed to the decline in the number of tickets issued. He asked if that was a direct affect because of the Kavanagh plan. Mr. Pickering discussed that there were a number of issues that affected the numbers. He pointed out that the decisions made affected the E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 8 of 24 productivity and morale of the department and that was the purpose of the graph. Councilman Archambault asked Mr. Pickering about another statement made that a Marshals Department would cost almost $2 million vs. approximately $1.6 million for a Sheriffs Department. Mr. Pickering said that would be correct if they were talking about an "all" Marshals Department. Councilman Archambault noted that the Sheriff's contract was for 3.5 beats so he felt they were not comparing apples to apples. Mr. Pickering said that was a good observation. He discussed how the Sheriffs department could provide more coverage in Fountain Hills than what would actually be paid for. Councilman Archambault asked if those officers would already be here if the town had their own police department. Mr. Pickering said that was correct. He noted that the Sheriff s Department certainly wouldn't be concentrating on those areas if the Town did not have a contract. Mr. Pickering stated that it was because of the contract that the town had a higher level of service from the County. Councilman Archambault said he had asked the County how much the town paid in county taxes. He noted that a lot of those services were provided by the County because Fountain Hills was in Maricopa County. He had talked to Mr. Jenkins at the County who stated that the assessed valuation this year was $323 million, which equated out to $391,000 from the taxpayers from this Town to the County of which $140,000 goes to public safety. So Fountain Hills was already paying for services with the County. He questioned why it would take 4 beats from the Marshals Department as compared to 3.5 beats from the Sheriffs Department. When comparing beats to beats according to Mr. Pickering's figures was $495,000 per beat and under the Sheriffs contract it would $455,000 per beat. Councilman Archambault acknowledged that was to their credit except when taking into consideration that the Town had to have their own ordinance officers, as the Sheriffs would only provide the right-of-way officers. He asked if the Sheriffs would provide the ordinance control. Mr. Pickering responded no, he had specifically taken that out. He noted that the Town was already paying for County services and would receive them anyway. He referred to his past experience in managing other police departments. He stated that none of the County officers would come to the aid of the police department in a local police matter. The County would say that was a local jurisdiction and should be handled locally. Councilman Archambault asked if Mr. Pickering was saying that the Sheriffs Department would not send their helicopter. Mr. Pickering clarified that would happen only in a specifically requested situation. He stated that they would not have officers in the schools and referred to the situation at the middle school where the Sheriff vao officers had recently assisted the town. Councilman Archambault said he would have expected the Town's officers would be there. Mr. Pickering reiterated that because the Town had a contract with the County the Town was receiving more services. Without that contract it had been his experience that the County would tell the local jurisdiction that they were on their own to handle the situation. Councilman Archambault asked if Mr. Pickering was telling him that the town was receiving preferential treatment. Mr. Pickering said that the Sheriffs contract was 3.5 beats but he was not going to say that the town had to have 4 beats when he felt that the Sheriffs Department recommended that the town did not need that much coverage because there were other officers in the area. seFviee-te-users, Councilman Melendez asked for a point of privilege. Councilmen Melendez stated that two weeks ago he had requested from the Chair that he address this issue and he asked for a decision on that request. He requested permission to address the Council based upon his former position as Chair of the Law Enforcement Advisory Panel. Councilman Archambault yielded the floor to Councilman Melendez. Mayor Beydler confirmed that Councilman Melendez had contacted him with the request to address this issue. Mayor Beydler turned the floor over to Councilman Melendez. Councilman Melendez stated tPhe purpose of this presentation it was twofold: to provide his fellow Councilmembers with a convincing argument that supported having one law enforcement agency in Fountain Hills and second, to present the citizens with facts, clearly, factually, and without personalities involvedt. coHe said that 11 years ago when he moved to the community, he had asked questions about the existing law enforcement in Fountain Hills and was told by his sales person that law enforcement it-was being carried out by the Marshals Department and the Town was going to form its own Police Department later. He provided a brief overview of his extensive police related experience. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 9 of 24 Councilman Melendez said that he had never supported the dual law enforcement agency system and had always advocated for the formation of one agency to provide all law enforcement services. He commented that prior to incorporation, the Maricopa County Sheriffs Department very well served Fountain Hills. When the Town incorporated in 1989, it was forced to a choice of continuing to utilize the Sheriffs Department or forming its own full service police department. He said that the town leaders citizens and Council then were not willing to pay the costs associated with forming the Town's own police department. He noted that at the time there were a number of services that the Sheriffs Department could not handle or didn't want to handle and a Town Marshal was hired to handle code and ordinance enforcement. Toe add„d that d M h l was also hared later and the Council instructed him to begin to develop a plan so that the Town could one day have its own police department. Councilman Melendez discussed another time when the Town was faced with a decision as to whether to continue utilizing the services of the Sheriffs Department or form its own department. He said that newly elected Sheriff Arpaio had wanted to contract with communities but had met some resistance from the Board of Supervisors who at that time wanted to receive more money for its contracts,namely full cost recovery. He said that the Sheriff was able to persuade the Board of Supervisors to keep the costs down and in Fountain Hills he was rewarded with a three-year contract. He noted that in the meantime, the Marshal was continuing to pursue plans that would allow Fountain Hills to form its own department. He reported that the Sheriffs Department grew and expanded to 17 officers, and problems began to surface. He said that the Town hired a consultant to perform a study of both law enforcement agencies and the result was a 105-page report that supported utilizing only the services of the Sheriffs Department for all of Fountain Hills law enforcement needs,including code enforcement and animal control. Councilman Melendez visually displayed various portions of the consultant's law enforcement report, the Kavanagh "Alternative" Plan and a memo during his presentation. At the time when Councilman Melendez was the chairman of LEAP he noted that their group had unanimously recommended to go with the Sheriffs Department for all services including code enforcement and animal control. Councilman Melendez quoted from the consultant's study, "While there is a divergence of opinions, the majority of those persons contacted favored a pro-active role in this area of enforcement by the Marshals Department. This was particularly true of Town Officials. The Marshals Department however has elected to be reactive to complaints rather than adopt this pro-active policy." He felt that was an important statement. He had found that the costs were 1/3 higher for use of law enforcement personnel for "quality of life" issues. He noted that the Marshals Department had never liked being call the Marshals Department. They perceived the term"Marshals" was not synonymous with a full service police department. They related that members of other law enforcement agencies at training programs or meetings questioned their role and did not look upon them as fellow members of law enforcement. Most members of the Marshals Department commented that they were recruited and had joined the Department with the understanding that they would soon become members of a Police Department. He commented that this was false. Surprisingly many of the Town Marshals did not want to live in town. They cited the potential for conflict should they encounter neighbors, business people with whom they did business, or school personnel. They were concerned for their well being and that of their families from possible retaliation by persons within the Town whom they might arrest or prosecute. The consultants stated that to our knowledge it was the only time in this country, that full-certified law enforcement officers had been initially charged with code enforcement as their primary and sole function while a separate agency was deputed with all criminal law and traffic enforcement. His next display showed a monthly report that indicated that the primary responsibility of the Marshals Department was enforcement of town codes. During the alternative plan proposed by Councilman Kavanagh,referred to as the Kavanagh Plan, which gave local code enforcement, zoning law enforcement, schools, secondary traffic, and crime prevention to the Marshals. He asked the Council how crime prevention could be done when they weren't a proactive agency. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 10 of 24 Councilman Melendez discussed training. With the ever increasing level of danger to the citizens, deputy sheriffs and deputy marshals occasioned by the escalating confusion and duplication of services resulting from the lack of unified command,the gaps in communication, and the inadequate coordination occurring from calls for law enforcement services in the past two to three years, to separate tasks done between agencies was very difficult and became worse as time went on. Councilman Melendez noted that the dispatch service had recently been eliminated at a cost of approximately $300,000 a year, three Marshals officers had left over the last three months, eight were currently assigned with the possibility of three more going to code enforcement. Councilman Melendez stated that the future was tonight. Councilman Melendez made a motion with this resolution on law enforcement. Councilman Melendez read a "Resolution on Law Enforcement"into the record, which stated the following: that the current two-agency law enforcement system was an expensive duplication of services; that the existence of the agencies in the same time had created controversy, divided people and hindering law enforcement; that the additional funds spent on dual agency law enforcement could be better spent on other necessary services; that the Maricopa County Sheriffs Department had provided quality law enforcement services to the people of Fountain Hills for over a quarter of a century; that the recent consultant's report recommended that the Town transfer almost all law enforcement services to the Sheriffs Department; that the taxpayers of Fountain Hills could save anywhere from one half to three quarters of a million dollars per year by utilizing the Sheriffs Department as its sole police agency; that the taxpayers of Fountain Hills could additionally save potentially millions of dollars in civil liability lawsuits as a result of utilizing the Sheriffs Department as the Town's sole police agency; that potentially hundreds of thousands of dollars in overtime costs would be saved as a result of utilizing the Sheriffs Department as the sole police agency because those costs were already built into the contract; that now was an opportune time to switch to the Sheriffs Department due to that organization's current extremely low staffing level; that the Sheriffs Department could provide currently employed Marshals Deputies with employment opportunities; that the current uncertainty was negatively impacting personnel from both agencies and therefore a decision needed to be made; and the fact that the Town could not bear the extraordinary start- up costs associated with its own police department now or in the foreseeable future. Councilman Melendez MOVED and Councilman Kavanagh SECONDED a motion to direct the Town Manager to immediately begin taking all necessary steps to change the delivery of law enforcement services in Fountain Hills from its present expensive, inefficient and controversial dual agency model to a single agency model with said services being provided by the Maricopa County Sheriffs Department with the start of the coming fiscal year being the target date for such transition and that the Town Manager be directed to cause local code enforcement and animal control duties to be transferred to less expensive civilian town employees, and that such changes be made subject to any legal limitations imposed upon the Town by the U.S. Department of Justice due to the past acceptance of grants, but that all efforts be made by the Town Manager and Town Attorney to release or minimize the Town from said grant limitations as soon as possible and to transfer any remaining grant staffing responsibilities to Sheriffs Department personnel. Councilwoman Nicola clarified that in 1992 the Marshals Department did not exist as it exists now and in the recent past. She questioned whether a full time Marshal was even carrying out duties at that time and noted that reserve officers and volunteers carried out many of the duties. She commented that for many years letters of commendation and articles had been written in support of the dual agency system that was in place and said that the system was a point of pride for the Town. She agreed that the cost of having these services provided by both agencies was expensive but added that due to the dwindling number of personnel; the costs were significantly lower now. Councilwoman Nicola noted that the former Town Attorney advised many Councils not to create a big, thick stack of ordinances that the Sheriffs Department would not and could not enforce, but Fountain Hills did anyway, and they include Class I, Class II, and Class III misdemeanors. She stated the opinion that civilian personnel should not be the ones to enforce these ordinances. Councilwoman Nicola said that she would not vote in support of the resolution and the motion because for the Lie past ten years the Town had expended numerous public resources in the Fountain Hills Marshals Department, millions and millions of dollars,both County funds State and,Federal grants that had been received. She added that in good conscience she could not support eliminating the Town Marshals Department. Councilwoman Nicola agreed that the Town would have to render a decision on the law enforcement issue but stated the E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 11 of 24 opinion that tonight was not the proper time. She said that she had asked that the matter be placed on a Study Session agenda and public agenda for discussion in preparation for going into the 2003-04 budget year. She added that due to ongoing discussions with the U.S. Justice Department, their pending visit, and their ultimate decision on past and current grant awards, she would recommend that further discussion be delayed until after 410) the Department's visit and ultimate ruling. Councilman Archambault stated that the Town was responsible for assigning primary code enforcement responsibilities to the Marshals Department and said that many times he had suggested that those officers be put back out on the street to carry out law enforcement duties. He referred to a letter from Simone Walker,the Assistant General Counsel relative to the COPS grant, and said that the Town might be told by the Justice Department in the future that it had to have 14 officers. He added the opinion that the resolution would not work if the Town had to have 14 officers and indicated opposition to moving in this direction. Councilman Kavanagh felt the last paragraph of the motion stating that anything here was subject to limitations of Justice Department would take care of that legal issue. Councilman Archambault reminded the Council that they were the agency of record. If everything were turned over to the Sheriff's Department then they would no longer be the agency of record and he could not do that. Councilman Kavanagh clarified the motion stating that any such changes made would be subject to any legal limitations imposed by the Justice Department because of the grants. He felt the motion took into account the possibility that the Justice Department might veto some of this and negate that automatically. He acknowledged that although Councilman Archambault might have other concerns with this he did not see a legal concern. When he ran this by Mr. McGuire, Mr. McGuire had agreed that this motion would prevent the Town from causing anything done tonight to put the Town contrary to the federal law because the motion specifically said that if it were contrary that part would be void. In response to comments offered by Councilman Archambault and Councilman Kavanagh relative to the contents of the resolution/motion, Town Attorney Andrew McGuire stated that he believed the language was broad enough to provide the needed flexibility and staff could work with it in whatever direction they were pointed. Councilman Archambault pointed out that the resolution has several inaccuracies in it. According to his research the cost per beat was fairly equal (Marshals vs. Sheriffs) as pointed out in the consultant's report prepared in 2001. Therefore, he felt the law enforcement costs were a wash when comparing going with all Marshals, all Sheriffs, or a combination of the two. He stated there would still be a need to have ordinance enforcement officers. He noted that he had talked with Joan McIntosh about the cost of having civilians as ordinance control officers. He did not believe that was possible because the ordinance violations were criminal and not a civil matter. Ms. McIntosh had estimated that the Town was still looking at a cost of $130,000 for those three individuals. That would be an additional cost to be figured in on the Sheriffs contract. He reiterated that when talking 3.5 Sheriff beats as opposed to the 4 Marshal beats, apples to apples were not being compared because when comparing apples to apples the figures were almost steady. Mr. Pickering discussed code enforcement costs and said that he had made that recommendation in December when he had proposed the reduction in force analysis. He noted that the analysis was not based upon cost. He stated that the cost of code enforcement, whether handled in the Marshals Department or by civilians, was fairly similar. The recommendation was based upon who was hired. The Town was hiring police officers that had just come out of the academy. The Town was holding these officers' hands behind their backs saying they couldn't do police officer work but that they would have to do code enforcement work. He felt that was the failure of the Town's system and that was why he had made that recommendation. He pointed out that the cost of code enforcement was not included in the Marshals' numbers nor was it in the Sheriffs' numbers. Whichever direction the Council took he said he would strongly recommend that code enforcement be pulled out and placed under Building Safety. In his research he had found that almost all of the other municipalities had it that way. He would have the code enforcement would handle property violations. 44) Councilman Archambault restated that Mr. Pickering was still comparing 4 beats to 3.5 beats. Mr. Pickering said Councilman Archambault was correct on that point. Councilman Archambault said apples were not being compared to apples and asked why they received the package that way. Mr. Pickering explained that was E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 12 of 24 because the Sheriffs Department had personnel in the area and in this district that could provide the services that the Town was looking for with less numbers than the Town would have to pay for. If the Council wanted to increase that, that would be great and the Town would be over covered in his opinion. That was why it had been submitted to the Council like that. Councilman Archambault noted that the Town was being charged for 41150. every person in that 3.5 beats. Mr. Pickering responded that the Town would have 4 beats. Councilman Archambault disagreed and stated that those people had other duties besides patrolling Fountain Hills. He suggested that if Mr. Pickering was stating the Sheriff was going to give Fountain Hills a bonus then Mr. Pickering was being blind sighted. Councilman Archambault felt that the Town still needed three people to do ordinance control that cost needed to be added to the Sheriffs' contract because if it was the Town's own Marshals doing it (because of criminal violations) the Town would not have to have three people dedicated to ordinance control. The Town would have them out patrolling and whoever was available would respond to the call,which he felt was a benefit. Mr. Pickering disagreed with that point. He did not think police officers should be handling code enforcement violations because that was not what they desired or what they were trained for. He expressed that from his past experience in working with other communities that was what police officers needed to do. Police officers wanted to stop crime. Regardless of how the Council wanted to set up this up, he was suggesting that the cost of code enforcement not be under law enforcement (either Marshals or Sheriffs). Councilman Archambault pointed out that arresting authority was needed. Mr. Pickering disagreed; he was not talking about that type of citation. He agreed that in the type of situation where someone must be arrested, a police officer would be needed but most of the time this would not be needed. He was talking about cleaning up the community and making it a nice place to live so it was a "quality of life" issue vs. a situation where someone needed to be arrested. Councilman Archambault disagreed with Mr. Pickering, as the violation of ordinances was criminal. He questioned if the ordinances were now being changed. Mr. Pickering replied they were not being changed. He felt that Councilman Archambault was missing the point of what the code enforcement person actually did. They were not going to be out there looking for bad guys on people's property. They would be looking at code enforcement. In his opinion the main goal was cleaning up property, ensuring that everything looks good,and sign ordinance violations. He restated that was not police work. fibe Councilman Archambault asked if Mr. Pickering was saying the Town should get the police back out on the street. Mr. Pickering restated that it was his recommendation that whichever way the Council wanted to handle this matter that code enforcement should not be handled by police officers. Councilman Archambault contended if the Marshals were reduced to 3.5 beats they would almost be even with the Sheriffs when considering the costs of the rent that the Sheriff would be taking off. Mr. Pickering disagreed. Councilman Archambault noted that it had been argued that the value of their rent taken off was about $20,000. If they took over all law enforcement and their space doubled it would equate to be approximately $40,000. He stated that the reason that the Sheriffs didn't charge rent was because the Town would just be swapping checks with them and then the Sheriffs would have to increase their contract. He felt that the $40,000 would have to be added to their contract cost. Mr. Pickering said the bottom line was that the Sheriffs could provide services at a lower cost than what the town could provide for themselves. Councilman Archambault refuted that statement saying it was a wash. Mr. Pickering disputed that statement and referred to the Town's payroll costs as being more than the Sheriffs' personnel costs and in the long run it would not be less expensive. Councilman Kavanagh agreed with Mr. Pickering that no one used police officers for this type of ordinance enforcement. He said police officers did not want to do it and they considered it demeaning. People became cops to be law enforcement officers and crime fighters. They did not want to be citing people because they had a trailer on their front lawn or something like that. People who have those types of violations were not dangerous and no one uses certified police officers to issue those types of routine summons. He took issue with Mr. Pickering on one point. He felt it did cost less to hire civilians because they were not paid as much money nor would the Town pay the expensive 20-year police pensions. He said cities and towns get great costs savings by civilianizing jobs that should be not be higher priced police. He said there were so many hidden costs in terms of the Marshals Department that finding a couple of dollars here or there in the Sheriffs' Le Department concerning rent was almost irrelevant. In the study done a couple of years ago the estimated increase in insurance premiums was $80,000 and an additional $18,000 for workers compensation. He stated that was not built into those figures. He said the good news was that everyone on this Council came here with one agreement that this had to end tonight. This controversy caused by who should police Fountain Hills had E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 13 of 24 gone on for too many years. It had divided the town and caused a slip in the law enforcement services causing bad feelings between both agencies, which was not healthy when talking about people who were protecting you. It also caused an unnecessary duplication of services in patrolling. Equally important, it had caused excess costs to the taxpayers. It was just an additional burden that in ggod times was tolerated but it wasn't good times any longer. He felt it probably should not have been tolerated in good times either and he .4) apologized for going_along with it. He restated that the Council all agreed that the issue had to be settled now. He agreed 100% with the Mayor that the Council had to pick the most efficient and the most economical. He felt the facts spoke for themselves. The facts clearly showed that the Sheriff's Department was the clear winner when it came to what would give the Town the highest quality service at the best cost. When looking at the surveys it was consistently shown that in terms of operating costs the Town was talking a about somewhere between $400,000 — $600,000 extra dollars each year if the Town went with their own police department. The Town would be saving about a half a million dollars a year by contracting with the Sheriff. Councilman Kavanagh stated there were other costs that these studies were contrasting. The biggest one was the startup costs of a new police department. He stated there would be a lot of initial costs to be paid and the Town had not paid that many of them. The Town had some cars and radios but more was needed to run a police department. The biggest start up costs would be the Town's own 911 services. He said he had spoken to the Sheriffs' personnel and they had made it quite clear that because of liability issues they would not provide 911 services on contract. They would not pick up the additional liability of mistakes and wrong addresses because it was not cost effective. When looking at most police departments they have their own 911 service. A comparison was Goodyear who had started their own 911 for a little over $1 million dollars. He pointed out that Fountain Hills did not have that kind of money. Additional start up costs had to be added. Another issue was liability. In numerous discussions with the Town's attorney, Mr. McGuire continually assured him and other Councilmembers that the Town would have zero liability if the Town sticks with the Sheriffs' Department. That was because the Sheriffs' Department had their own policy and they would be the ones sued. In addition the Town would have an indemnification clause, which said that anything that they did not cover, the County would cover. The Town would almost be totally insulated from lawsuits. He noted the additional $8,000 a year in liability insurance that the Town would have to pay if they had their own department and the Town would be stuck with the deductibles. The article included in the packet material with regard to the start up costs of a new department in California had a shocking figure that in the first 18 months of that new department's startup they had $18 to 20 million dollars in lawsuits filed against them. So new departments with new inexperienced people had more mistakes. Some might be right and some might be wrong,but you get sued anyway so the liability issue clearly says stick with the Sheriff's contract. Councilman Kavanagh pointed out that special services were something else that the Town received. He stated that he never bought the notion that if the Town needed a helicopter for a search or rescue that the Sheriff's would say no. He noted that the Sheriff would not say no in an emergency like that. He explained that the Town would still get the use of all the other Sheriff's special non-emergency services that the Town didn't have. He felt that was one more plus. Another plus was that would not be any unexpected overtime because under this contract the Town was protected due to an overtime clause already built into it. In a Town owned police department the Town would be paying time and a half. Councilman Kavanagh stated that the Town couldn't beat the Sheriff's price. He said the best way to judge the cost of law enforcement was per capita. He stated that the County averaged $212 per capita (that was the average expense of the residents in this valley). The Sheriff provided the Town's residents (under this plan) services at a per capita cost per year of$66. He said that was the best deal in the world. He felt the dollars really spoke for themselves. The Sheriff's Department has a larger department, better training, and field training officers. He did not understand how the Town could ever start a new department with virtually all green people and not certified field trained officers, and the officers that the Town had were never involved in regular routine patrol. It was dangerous if the Town did not have the training background and the trained personnel. The Town would be starting with a lot of green officers. People say to hire experienced people but then the personnel costs would have to be raised. The Town would not be able to get some veteran to move here for starting rookie pay. The Town would not have any experienced people. The Town would have a ,011) green police department and that would create liability problems and service problems. He said that he was not knocking green cops because he had been a green cop once. He said the Town would also get the services of the Sheriff's posse. He questioned how much money the Chamber of Commerce had saved because the E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 14 of 24 posse members volunteered their time and helped them during the fair. He noted that the posse helped in a lot of other volunteer ways. He stated that when he had first moved to Fountain Hills the Marshals Department had a very large volunteer organization and now it was not large if it existed at all. He had asked why that was. The answer was basically that the jobs had dried up and no one wanted to come because a lot of them were expecting jobs. He pointed out that the Sheriffs' Department had 35 posse members who did not expect jobs because they did this as volunteers. He said that was a valuable service, which saved a lot of money. Councilman Kavanagh reiterated that the consultants studied this issue in depth and basically had said go with the Sheriff's Department and don't start your own department. He noted that in any large report it was not uncommon to find inaccuracies but it was a good agency that had prepared the report. He had discovered that after they had been here interviewing people that this agency had done a report for the Port Authority Police twenty years ago when he had been there at the police academy. He said that they were not a fly by night consulting firm but a nationally known, long established, and reputable firm. At that time the study had come out with a lot of things that people did not want to hear but that did not change the fact but their recommendation was that the Town would get the best quality and the best price from the Sheriff s Department. Councilman Kavanagh felt the figures proposed for the Town owned police department were low and did not include replacement costs. He did not see that capital costs had been built into those figures. There wasn't any consideration for these ongoing costs and that could be extremely expensive. There weren't any costs built in for the extra civilian human resources people or person that would be needed if the Town had a full time police department. They would be needed to handle all the personnel issues, such as grievances, long- term disability, hiring and firing,reports,promotions,and investigations. It would be a nightmare. He did not think Joan McIntosh would be able to squeeze those duties into her day by taking a shorter lunch hour. He reiterated that there were big costs involved when running a department. Councilman Kavanagh addressed the issue of efficiency. He said he had always been amazed that the Town had certified police officers as animal control officers chasing stray dogs. He thought that was absolutely cir ridiculous to have someone highly paid to do that sort of work. The same was true of ordinance enforcement. It was just not an economical expense. In good times that's not a great thing to do but in bad times that was intolerable to waste taxpayers dollars by having highly paid police officers with highly paid pensions chasing dogs or writing these types of ordinances. He said he was not degrading the work but civilians could provide those services at lesser pay. Councilman Kavanagh questioned what the pros were for the Town to have their own police department. He could only come up with one. It was the loyalty of the Marshals who had dedicated a large part of their lives to the Town. He felt that was the saddest part of what the Council had to do tonight. The Council had to let go of more of them. He stated that he did not do this lightly just as he hadn't done the layoffs lightly. It was a terrible thing and he felt badly. He noted that the Council did not have a choice as they had to run this Town responsibly. The Council had to run it the right way. He said that economically and quality wise the Council did not have a choice. What eased the situation was that the Marshals were not being thrown out in the street as it was fortunate that because of the employment environment police officers were now being hired all over the County. He noted that many had already gotten other positions, three or four were processing with other agencies and the rest might be able to go or take the remaining jobs. He stated the Town was down to eight officers and noted that this was the least painful time to deal with this issue not only because the Town was dealing with the least number of people but they had other places to go. Councilman Kavanagh agreed that former town attorney Bill Farrell had been right when he said there wasn't a police future in this Town. The Town could not afford their own department now or in five years. To continue to string people on was lust not fair to them. He felt that was one of the great tragedies of this situation. He was very sorry it was happening but did not want to continue with hiring more. The Council needed to make a final decision tonight. He said that summed it up. It was his opinion that the facts were so clear. He did not see how the council could do anything else but to continue with the Sheriff's Department and see what can be done to secure positions for our Marshals. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 15 of 24 responsibiliti^ the fact that ith. the . _ ff's Sh i Dr..rtW „t the Marshals Department had __ i-lu --' r t Depaptifient-te-eaFfeut-all-lowenforeement-respensibilities-within-Feuntain-HilisT Vice Mayor Ralphe commented that she agreed that utilizing one agency to handle all law enforcement for the Town was the most advantageous manner in which to proceed. She said that the consultant hired to conduct the law enforcement study was "top notch" but stated the opinion that the contents were "skewed." She referred to a letter written by former Town Manager Nordin that went out to the Study Group just before the consultants were hired to conduct the study that said in effect "be good to the Sheriffs Department." Vice Mayor Ralphe said that the Council was attempting to decide tonight "either/or," which would be most expensive, and stated that they did not know how much the Sheriffs Department would charge the Town of Fountain Hills in the future for providing law enforcement services. She noted that costs could be increased and the Town would not have any control over that. She added that if the Town had its own police department, at least the costs would be under the Town's control. To her this represented a big difference between the two choices. She noted that the Town paid liability insurance now and if it had to be increased because of the addition of a law enforcement agency in the Town,the amount would not be that significant. Vice Mayor Ralphe said that she heard a statement this evening relative to the fact that it would be to the Town's advantage to hire the Sheriffs Department in terms of high-profile cases and the importance of having them handle the "big cases." She recalled that when the first of two murders occurred in Fountain Hills, that ,41) same day another bigger crime had taken place and the Sheriffs Department(rightly so)responded first and in force to the other crime across town. She said that the Sheriffs Department did provide good services, but noted that contracting out those services robbed the Town of local control and said she was unwilling to give up that important control. She added that because of current budget constraints a local police department was not possible at this time but said that in the future that was where the Town eventually would want to be. She reported that 80 of the 88 Arizona cities and towns had their own police departments and said that this statistic attested to the fact that local police departments were the way to go. Councilman Archambault stated that it had been alluded to that the 911 service would cost the Town over a million dollars. He noted that if everyone looked at their phone bill they would see that they pay for the equipment for that service. He expressed that he had talked with the Department of Public Safety who directed him to the 911 systems person who said that 911-service equipment would be given to the Town for free. The Town would be a satellite station because the Town did not have enough calls to warrant being a home station. He restated that the equipment came to the Town free through the charges on the phone bills. He explained that the Town would have to pay for the phone line. He pointed out that Fort McDowell was a major 911 station. They could dispatch the Town's calls and he felt that would certainly alleviate any wrong routed calls because Fort McDowell was not going to get a call from south Phoenix. Mayor Beydler asked for Mr. Pickering to respond. Mr. Pickering said it would depend upon what the Council wanted. If the 911 services were done in-house, it would be a very large cost. If it were contracted out as was suggested, there would be less of a cost. To do it in-house as Councilman Kavanagh was talking about would be a large expense. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 16 of 24 Councilman Melendez noted that a representative from the Sheriffs Department was present in the audience and requested that he be allowed to respond to any additional questions from the Council regarding this matter. Mayor Beydler commented that a number of citizens had submitted cards to speak on this issue and said that he would like to hear from them at this time. Steve Gendler, 14002 Midland Drive He addressed Councilman Melendez's resolution as well as the question of just who should be providing law enforcement in Fountain Hills by asking the Council to consider several facts. He said it was a fact that Fountain Hills was an incorporated community and not a county island. It was a fact that Councilmembers in Fountain Hills were elected representatives of that municipality and answerable to the residents and not to county officials for the Town's law enforcement priorities. As the Mayor pointed out it was a fact that one of the basic obligations of a municipality was public safety. He stated that law enforcement was a fundamental obligation of public safety. It was also a fact, _given the Town's financial situation; our municipality was contracting for its public safety obligation. He said it was also a fact that the provisions and the dynamics of contracting for public safety services were subject to change, which were beyond the Council's control. As local elected officials of an incorporated community, the Council could not delegate away their statutory obligations, legal responsibilities, or liability by simply contracting out the law enforcement services. It was his opinion contracting should only be an interim measure for the Town of Fountain Hills. He stated that Councilman Melendez was right in stating that the Town should only have one law enforcement agency in Fountain Hills. Mr. Gendler said it was logical to conclude that our municipality would eventually have its own local law enforcement agency. He restated that the Marshals Department was already the agency of record for law enforcement purposes under the State Statute and under the Town Code. He asked the Council to consider the fact that the Marshals Department was the municipal agency of record in terms of State and Federal criminal information networks. The Marshals Department was the municipal agency of record for the Justice Department for a series of community oriented policing grants and some of those were still effect. He again asked the Council to consider the fact that the Marshals Department was the agency of record under the Emergency Response Plan requirements in the Arizona Revised Statutes. With these facts in mind he felt it would prudent for the Council to adopt a policy that ultimately said that the Town would be forming its own local municipal law enforcement agency and that contracting was only an interim measure. At the point where the Town's resources and the crisis with the fire department were solved, the Town's policy should then be to end the contracting and proceed with implementing our own local law enforcement agency. In response to a question from Mayor Beydler, Mr. McGuire stated that the contract the Town had with the Maricopa County Sheriffs Department was more along the lines of an intergovernmental agreement. He added that the Town Council had the ability to contract out years beyond the life of the current Council. He added that the contract could also be terminated early if provisions were included in the contract allowing this to occur. Mayor Beydler commented on the fact that the next Town Council might not agree with the decision made by this Council and might want to move in a different direction. Stan West, 15510 Sycamore Mr. West expressed concerns that this issue would go on indefinitely and would not be put to rest. He spoke in favor of contracting with the Maricopa County Sheriffs Department for all of Fountain Hills' public safety needs and urged the Council to take action on this issue without further delay. Spiro Demetriadi, 13408 N. Clifftop Drive vily Mr. Demetriadi spoke in support of implementing a long-term rather than short-term solution to the problem that existed relative to law enforcement needs in the Town of Fountain Hills. He said that he would prefer that one agency provide all of the services to the Town and stressed the importance of maintaining the Town's high E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 17 of 24 "quality of life." He added that they had two choices, financial pain now or financial pain later and added that contracting with an outside organization for public safety needs was short-term thinking. He urged the Council to take a stand now because sooner or later the Town of Fountain Hills would have its own police department. Tammie Rothermel, 14863 Deerskin Ms. Rothermel also spoke in support of establishing a local law enforcement agency in the Town of Fountain Hills. She agreed with Vice Mayor Ralphe's comment that contracts result in a loss of control. She stated that she experienced this firsthand when her father was kidnapped right in front of Basha's at Fountain Hills and the Sheriffs Department deputies came to the house. She said that not only did they refuse to do anything to help bring her father home; in her opinion they hindered the entire process. She added the opinion that had there been local control, the situation would not have transpired as it did because they would have known her father and they would have been able to provide assistance. She reported that her father was returned to his family only because they were able to take the law into their own hands and bring him home. She added that when a vandalism problem arose a few years ago, it was the Marshals Department who worked with the neighbors and the community and cut the vandalism problem down to zero. She added that should acts of terrorism occur, the Sheriffs Department would be called upon to help and said that now was the time to make sure that local law enforcement agencies were in place to work within the individual communities. Margie Martin, 17302 East Via Del Oro Ms. Martin spoke in support of utilizing the Marshals Department and presented a number of positive personal experiences she had in dealing with staff from that organization since the day she and her family moved to Fountain Hills. She added that she would hate to see the Marshals Department no longer serving the Town and urged the Council not to deplete that Department. Linda Femiano, 16331 E. Inca Avenue Ms. Femiano addressed the members of the Council and noted that she was a member of LEAP and supportive of utilizing the Sheriffs Department at this point in time to meet the law enforcement needs of the Town. She urged the Council to begin making long-range plans that include the formation of a local law enforcement agency. In response to a question from Councilman Melendez, Ms. Femiano said that she was speaking as a citizen of Fountain Hills rather than a representative of LEAP. Councilwoman Nicola asked that someone explain exactly what LEAP was and Councilman Melendez explained that it involved community policing where the members serve as watchdogs in the community. Harold Denomme, 15205 East Pageland Circle Mr. Denomme, also a member of LEAP but speaking as a private citizen, indicated support for Councilman Melendez's motion and urged the members of the Council to proceed without delay in this direction. Peter Putterman, 16739 E.El Lago Mr. Putterman spoke in support of establishing a local law enforcement agency in the Town of Fountain Hills rather than contract out for the services. He discussed a number of illegal activities that were carried out by Maricopa County Sheriffs Office deputies and said that the loss of local control would positively impact the entire Town. Rita Brown, 16738 E. Nicklaus Drive Ms. Brown stated the opinion that the Marshals Department should be retained in the Town and spoke in high regard for the manner in which they had conducted themselves over the years. Phil Gaziano, 14946 E. Sierra Madre Drive Mr. Gaziano indicated support for utilizing the Maricopa County Sheriffs Department as the Town's sole provider of law enforcement services. He spoke in high regard for the services they had provided over the years and asked the Council to consider allowing them to continue carrying out the excellent job they perform. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 18 of 24 Anton Byers, 14221 N. Calle Del Oro Ms. Byers advised the Council that a Fountain Hills Block Watch Alliance had been formed in conjunction with the Marshals Department and the Alliance focused on crime prevention. He said that the Marshals Department provided high quality service; the staff was highly trained and extremely effective. He added that he supported allowing the Marshals Department to carry out the law enforcement responsibilities for the Town of Fountain Hills. He asked that whatever organization was finally selected, that they be directed to form alliances with the various block watch organizations in an effort to improve overall community safety. Ron Bruno, 15757 Tepee Mr. Bruno stated that he was in favor of one policing agency and utilizing the Maricopa County Sheriffs Department to carry out that responsibility. He urged the Council to proceed without delay to contract with the Sheriffs Department. He noted that their resources were unlimited and the entire community would benefit from a safety perspective. Mayor Beydler thanked all of the speakers for their input. Councilman Melendez provided a brief overview of crime activity within the Town and said that they needed a law enforcement agency that was pro-active in order to curtail this type of activity. He reiterated his recommendation that the Town contract with the Maricopa County Sheriffs Department to carry out full-time law enforcement activities for Fountain Hills. Vice Mayor Ralphe said that perhaps it was time to be creative and attempt to come up with a "win-win" solution. She recommended that the Council consider setting the ultimate goal of establishing one local law enforcement agency but in the meantime, because of budget constraints, continue to contract with the Maricopa County Sheriffs Department to carry out the job. She added that as part of this, the Town Manager would be directed to explore the possible creation of a Public Service Director's position and to plan for the ultimate development of one local law enforcement agency in the Town of Fountain Hills. She said that she would like to make this motion if the motion that was currently on the floor was not approved. Mayor Beydler requested input from the Council as to whether they wanted to work with the resolution that was currently on the floor in an effort to reach some sort of consensus, whether they were seeking amendments to the motion, or whether they would like to vote it up or down and then move on to alternative motions/resolutions. Councilwoman Stevens stated the opinion that they should deal with the resolution/motion that was currently on the floor first. Councilman Archambault concurred with Councilwoman Stevens'remarks. Councilman Kavanagh stated the opinion that the resolution on the floor did not contradict the statements made by Vice Mayor Ralphe and added that one Council could not bind another Council. He said he believed that this issue would be looked at again in the future and added the opinion that although they were not closing the door on any options, they were attempting to take care of a "festering wound" that was affecting the entire community. Vice Mayor Ralphe expressed the opinion that her idea did not fit very well as an amendment to the motion/resolution on the floor and said that she believed it represented more of a "win-win, looking to the future option." Councilwoman Stevens stated the opinion that it was time for the Council to make a decision regarding this issue and commented on the extensive amount of time that had been spent on this one item. She added that the goal was to provide good service at a good price and said that this must be settled so that the other needs and goals of the community could be addressed and hopefully met. She said that she supported contracting with the Maricopa County Sheriffs Department. She added that if the ultimate goal was a local agency, then effort should be expended in the future to accomplish this goal. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 19 of 24 Councilwoman Nicola stated the opinion that a decision on this matter should not be made until after the Justice Department's visit had taken place and a ruling had been received. Councilman Kavanagh pointed out that the proposed resolution/motion takes the Justice Department issues into account. Mayor Beydler commented that the Town of Fountain Hills did not have the money or dedicated revenue source to fund its own law enforcement agency at this time and spoke in support of proceeding with contracting out with the Maricopa County Sheriffs Department. He indicated his intention to amend the motion that was currently on the floor. Mayor Beydler stated that as part of his Mayoral campaign, he spoke in support of establishing a local law enforcement agency in the Town, and he won. He added that once he became Mayor he learned that monies had been allocated towards other deserving projects. He said that when he ran, he was upset with the way the Town took over responsibilities for fire and emergency services without identifying a funding source. He said that this was the primary reason why financial problems existed today and emphasized that he would not be a party to making the same mistake twice. He noted that the Town did not have the money and did not have an identified funding source to pay for the establishment and operation of a local agency at this time. He said rather than look at political agendas, it was more important to look at the reality of the situation and make the right decision for the Town as a whole. He added that as much as he wanted the Town to have local control, the right funding mechanisms must first be in place to ensure overall success. Mayor Beydler said that he would like to offer the following amendment. Mayor Beydler MOVED and Councilwoman Stevens SECONDED an amendment to the motion to include direction to the Town Manager to review and provide recommendations during the budget process to the Council relative to establishing the role, compensation and method of recruitment for a Public Safety Director in the Town to provide some measure of local control as well as recommendations regarding the establishment of a Public Safety Commission, and the development of a contingency plan to compensate for changes in resulting IGAs/County plans. Councilwoman Nicola asked whether the Mayor was suggesting, by the adoption of the original resolution/motion as well as the Mayor's amendment that the Marshal's Department cease to exist. Mayor Beydler responded that the Town would abide by the findings and recommendations passed down by the Justice Department regarding the Town's grant programs, and applications for grants. He stated the opinion that the Council had to make the best overall decisions and added that he was not saying, "Abolish," he was saying "move forward." Councilman Melendez commended the Mayor on his foresight and willingness to negotiate and look at the big picture and said that he was willing to accept all three amendments to his motion/resolution. Councilwoman Stevens said that she had long been a proponent of establishing a Public Safety Commission and spoke in support of moving in this direction. She added that the appointment of a Public Safety Director was also an excellent idea as well as having a "back-up plan" in place should County/IGA changes occur. She requested input from the Town Manager regarding the amendment. Mr. Pickering responded that this was the first time he had heard these suggestions and indicated his intention to conduct in-depth research and come back to the Council during the budget process with information and recommendations for their consideration. Councilman Archambault indicated support for Vice Mayor Ralphe's suggestion and said it followed along the lines of waiting to find out what the Justice Department was going to do. He said he didn't see why discussions regarding contracting for services could not be tabled until the Justice Department's visit and ruling had taken place. He agreed with the importance of hiring a Public Safety Director to advise the Town when the timing was right on the establishment of a local agency. He added the opinion that the resolution was too confusing and said that things should remain "status quo" until the Justice Department issues had been put to rest. 1411) E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 20 of 24 In response to a question from Councilwoman Stevens, Mr. McGuire stated that he had looked at the resolution and did not believe that it would cause the Town any problems as far as the Justice Department was concerned. Councilwoman Nicola indicated that she couldn't support the establishment of a local agency until a dedicated funding source had been identified. She added that she too supports the hiring of a Public Safety Director as well as the establishment of a Public Safety Commission but she could not support the resolution/motion and amendment at this time. Councilman Kavanagh stated that as the seconder of the motion, he too supported the Mayor's proposed amendments. Councilman Melendez reiterated his support for the amendment to his motion and called for the question on the amendment. The Mayor called for a roll call vote on the amendment and one was taken with the following results: Councilman Kavanagh Aye Councilwoman Stevens Aye Councilmember Archambault Nay Vice Mayor Ralphe Nay Councilwoman Nicola Nay Councilman Melendez Aye Mayor Beydler Aye The motion CARRIED BY MAJORITY VOTE(4 to 3). Mayor Beydler stated that the Council would vote on the main motion following a comment from Vice Mayor Ralphe. Vice Mayor Ralphe commented that she couldn't support the original resolution/motion. Discussion ensued relative to the fact that the Justice Department might require the Town to hire additional officers. Councilman Archambault said that he would like to make an amendment to the motion to freeze the Sheriffs Department to 2.66 beats until they hear from the Justice Department as to whether they had to retain 14 `tor Marshals. MOTION DIED FOR LACK OF A SECOND. The question was moved and Mayor Beydler asked the Council to now vote on the amended motion/resolution and a roll call vote was taken with the following results: Councilwoman Stevens Aye Councilwoman Nicola Nay Councilman Melendez Aye Vice Mayor Ralphe Nay Councilman Kavanagh Aye Councilman Archambault Nay Mayor Beydler Aye MOTION CARRIED BY MAJORITY VOTE(4 to 3). Mayor Beydler thanked everyone for their hard work on this important issue and expressed appreciation to the members of their audience for their comments. Mayor Beydler declared a recess at 10:35 p.m. and the meeting reconvened at 10:40 p.m. AGENDA ITEM #12 - PUBLIC HEARING ON ORDINANCE 03-08 TO RECEIVE COMMENTS ON A PROPOSED AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO PERMIT TEMPORARY OUTDOOR SALES AND SIMILAR ACTIVITIES TO OCCUR ON INTERMITTING OR NONCONSECUTIVE DAYS WITH TOWN COUNCIL APPROVAL THROUGH THE TEMPORARY USE PERMIT PROCESS,CASE NUMBER Z2003-03. Mayor Beydler declared the public hearing open at 10:40 p.m. Senior Planner Dana Burkhardt provided a brief overview of staffs report relative to this agenda item and said lbw that on January 16, 2003, the Town Council initiated an amendment to the Town of Fountain Hills Zoning Ordinance to allow outdoor retail sales, such as open-air retail markets to occur on intermittent or non- consecutive days over a period determined by Town Council with a temporary use permit. He added that the E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 21 of 24 Town currently permits outdoor retail sales and similar activities by temporary use for a period not to exceed seven (7) consecutive days and no more than four (4) temporary use permits could be issued for the same use during any calendar year,unless otherwise approved by Council. Mr. Burkhardt noted that the amendment would require all requests to hold outdoor retail sales and similar *a) activities on an intermittent or nonconsecutive day basis to be considered by the Town Council. He advised that Staff recommended approval and the members of the Planning and Zoning Commission unanimously supported the proposal with one amendment to change the period of recurrence from 10 days to 30 days. Discussion ensued relative to restroom facilities for the farmer's market and future options and the fact that clean-up activities were typically stipulated. The Mayor said that he had received requests from citizens to speak on this issue and he would like them to present their comments at this time. Jim Heasley, 14842 Mayflower Mr. Heasley expressed positive comments relative to the farmer's market and said that the market appeared to be very beneficial and an asset to the community. Allen Hunt, 14648 N. Fountain Hills Boulevard Mr. Hunt spoke in support of continuing the operations at the farmer's market. He added that problems relating to trash and the use of bathroom facilities could be worked out and noted that patrons of the market were consistently increasing and it benefited the community. Loras Kotz, 12220 N. Teal Mr. Kotz stated that he was the promoter of the Fountain Hills Farmer's Market, and stated that business had increased for local businesses as a result of the patrons who shop at the farmer's market. He commented on the fact that business had tripled since it first began and spoke in favor of the amendment. He added that in an effort to continually increase business, every dollar that he took in was allocated towards advertising. He said that in an effort to help alleviate the trash problem, he had purchased eight garbage cans and stated the opinion that this problem could be addressed. ,4100 Mayor Beydler asked whether the farmer's market would continue through the summer and g Mr. Kotz indicated that he was working towards accomplishing this goal. There being no additional citizens wishing to speak on this item, the Mayor declared the public hearing closed at 10:55 p.m. Mayor Beydler thanked the citizens for their input. AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 03-08, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO PERMIT TEMPORARY OUTDOOR SALES AND SIMILAR ACTIVITIES TO OCCUR ON INTERMITTING OR NONCONSECUTIVE DAYS WITH TOWN COUNCIL APPROVAL THROUGH THE TEMPORARY USE PERMIT PROCESS, CASE NUMBER Z2003-03. Councilwoman Nicola MOVED and Councilwoman Stevens SECONDED a motion to adopt Ordinance No. 03-08,as presented. MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM #14 - PUBLIC HEARING TO RECEIVE COMMENT ON ORDINANCE NO. 03-03 ON A PROPOSED AMENDMENT TO CHAPTER 13, SECTION 13.03 AND CHAPTER 7,SECTION 7.04G.5 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS THAT WOULD ALLOW BUSINESSES TO OPERATE TRUCK RENTAL SERVICES BY SPECIAL USE PERMIT IN THE INDUSTRIALLY ZONED DISTRICTS, AND TO ESTABLISH THE PARKING CRITERIA FOR THE TRUCK RENTAL USE. CASE NUMBER Z2003-04. Mayor Beydler declared the public hearing open at 10:56 p.m. Senior Planner Denise Ruhling provided a brief overview of staffs report and said that this case represented a text amendment to modify the Zoning Ordinance for the Town of Fountain Hills to allow businesses to operate ,44) truck rental services by special use permit in the industrially zoned districts and to establish the parking criteria for the truck rental use. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 22 of 24 Ms. Ruhling informed the Council that Staff and the members of the Planning and Zoning Commission recommended approval of the ordinance. Randy Carlin, 2727 N. Central L. Mr. Carlin, representing U-Haul, spoke in support of the proposed amendment and thanked the Council for their support. Jerry Bryan, 16538 E. Saguaro Boulevard Mr. Bryan, a neighbor of the U-Haul facility, requested that the trucks be concealed from view and that no orange stripes be in plain view. In response to a question from Councilman Archambault, Ms. Ruffling advised that the vehicles would be contained behind a fence. Councilman Kavanagh stated that U-Haul had been extremely responsive to neighborhood concerns and issues had been responded to and addressed in a positive manner. There being no additional citizens wishing to speak on this item, the Mayor declared the public hearing closed at 10:59 p.m. Mayor Beydler thanked the speakers for their input. AGENDA ITEM#15- CONSIDERATION OF ORDINANCE 03-03 ON A PROPOSED AMENDMENT TO CHAPTER 13, SECTION 13.03 AND CHAPTER 7, SECTION 7.04G.5 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS THAT WOULD ALLOW BUSINESS TO OPERATE TRUCK RENTAL SERVICES BY SPECIAL USE PERMIT IN THE INDUSTRIALLY ZONED DISTRICTS AND TO ESTABLISH THE PARKING CRITERIA FOR THE TRUCK RENTAL USE. CASE NUMBER Z2003-04. Councilman Archambault MOVED and Councilman Melendez SECONDED a motion to adopt Ordinance No. 03-03 as presented. MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM#16 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. Councilwoman Stevens stated that at the last meeting, a suggestion was made that a box indicating support or opposition to an agenda item and whether citizens wanted to speak on the item or just indicate support/opposition be included on the speaker cards that were filled out by citizens and submitted to the Clerk. She asked that the revised cards be made available in the near future. Councilwoman Nicola commented on a suggestion that was made relative to placing staff items towards the beginning of the meeting agenda so they could be heard first in an effort to reduce overtime. She noted that staff involved in the law enforcement agency issue were required to remain tonight because the item was discussed later on in the agenda. Mr. Pickering said that effort would be expended to place staff-related items in the beginning of the agenda at future meetings. Mayor Beydler said that he would like to be able to view the timing lights so that speaker limits could be better monitored. AGENDA ITEM #17 - SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN MANAGER. Mr. Pickering stated that the issue of pari-mutuel betting would be coming before the Council again. He added that he would pursue issues associated with the hiring of a Public Safety Director as well as the formation of a Public Safety Commission and safeguards relative to the County and IGA's. ikliw Mr. Pickering indicated his intention to follow up on the speaker cards and ensure that they contain support/opposition boxes and allow the citizens to indicate whether they wish to speak or merely indicate their opposition/support on the card. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 23 of 24 Mayor Beydler asked whether public hearings should be held at the beginning of the meetings in order to reduce staff overtime. AGENDA ITEM#18 - CALL TO THE PUBLIC: Rita Brown, 16738 E. Nicklaus Drive Ms. Brown stated the opinion that an error occurred in computing her property tax bill and stressed the importance of accuracy and not misleading the public in how the bills were computed. Linda Femiano, 16331 East Inca Ms. Femiano commented on the fact that the off-track betting issue was previously discussed at this meeting and asked what the overall revenue impact of this would be on the Town of Fountain Hills. She asked that this information be provided in the future. The Mayor requested that before the meeting adjourn, that the Town Manager provide an overview of upcoming meetings. Mr. Pickering reported that on April 8, 2003, a work-study would be held at the Community Center from 6 p.m.—7 p.m. to review the Sign Ordinance. He added that there would not be Council meeting on April 17th. AGENDA ITEM#19-ADJOURNMENT Councilman Kavanagh MOVED that the Council adjourn and Councilman Melendez SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 11:05 p.m. TOWN OF FOUNTAIN HILLS A By: , / i- Jon B- dler,M;yor ATTEST AND PREPARED BY: Bevelyn J. Bender,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes were a true and correct copy of the minutes of the Regular Session held b the Town Council of Fountain Hills on the 3rd day of April 2003. I further certify that the meeting was duly called and that a quorum was present. DATED this 15`h day of May 2003. Bevelyn J. Bender,Town Clerk • E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 4-03-03 revised.doc Page 24 of 24