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HomeMy WebLinkAbout2003.0619.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL IIkw JUNE 19,2003 AGENDA ITEM #1 - PURSUANT TO A.R.S. 38-431.03.A.4, FOR DISCUSSION OR CONSULTATION 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 LITIGATION. (SPECIFICALLY THE BROWN AND BAIN LITIGATION); (ii) PURSUANT TO A.R.S. 38-431-03.A.7, FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING THE NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY(SPECIFICALLY, THE TOWN HALL LEASE.) Councilwoman Nicola MOVED to convene the Executive Session and Councilman Archambault SECONDED the motion,which CARRIED UNANIMOUSLY. Mayor Nichols recessed the executive session at 6:28 p.m. AGENDA ITEM#2- RETURN TO REGULAR SESSION. Mayor Nichols called the meeting to order at 6:30 p.m. and led the Pledge to the Flag. Following the Pledge,Pastor Cory Bramlett,First Baptist Church,gave the invocation. ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Councilman Melendez, Councilwoman Nicola, Vice Mayor Ralphe. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Public Works Director Tom Ward, Parks & Recreation/Community Center Director Mark Mayer, Senior Planner kow Denise Ruhling, Senior Planner Dana Burkhardt,and Bevelyn Bender,Town Clerk, were also present. The Mayor reviewed the process the public would follow prior to speaking to an agenda item. RECOGNITION ITEMS: Presentation of the "Physical Activity Leadership Awards" on behalf of Governor Napolitano and the Governor's Council on Health, Physical Fitness and Sports. Mayor Nichols stated that this evening he would like to recognize a special group and two citizens of the community who had made significant contributions in the areas of physical activity. He said they were being recognized for their active concern for the health and well being of Fountain Hills' residents and because they had encouraged citizens to be more active so that they could lead healthier, happier and more productive lives. The Mayor said on behalf of Governor Janet Napolitano and the Governor's Council on Health, Physical Fitness and Sports, it was his pleasure to present the Mayor's Physical Activity Leadership Awards to Fountain Hills Walking Club, Gary Oakeson, President John Tolorich, a 5th grade teacher at Four Peaks Elementary School; and Kenny Krell, from Three Disciplines Racing. He presented the awards to those individuals and commended them on their outstanding accomplishments, CONSENT AGENDA: AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 4 AND JUNE 5,2003. AGENDA ITEM#2— CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY JAMES J. AND JAMES R. ROONEY FOR THE SILVER STEIN LOCATED AT 17030 EAST E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 1 of 25 6/27/2003 ENTERPRISE DRIVE. THE APPLICATION IS FOR A NEW CLASS 12 (RESTAURANT) LICENSE FOR THE NEW OWNERS OF THE SILVER STEIN. AGENDA ITEM #3 - CONSIDERATION OF A TEMPORARY USE PERMIT TO ALLOW OUTDOOR Lir RETAIL SALES (AKA FARMER'S MARKET) ON A PORTION OF LOT 1 AND LOT 2 OF THE PLAZA FOUNTAINSIDE FINAL PLAT TO BE HELD EVERY TUESDAY OF THE WEEK BEGINNING JUNE 24,2003,FOR ONE CALENDAR YEAR PERIOD,CASE#TU2003-04. AGENDA ITEM #4 - CONSIDERATION OF FINAL PLAT APPROVAL 16524 LASER DRIVE, AKA PLAT 412A,BLOCK 5,LOTS 7 AND 8(A LOT JOIN PROJECT). CASE NUMBER S2003-06. Councilman Melendez MOVED to approve the Consent Agenda as read (Items 1 through 4) and Councilwoman Nicola SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Stevens Aye Councilman Melendez Aye Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye Vice Mayor Ralphe Aye Councilman Archambault Aye The motion CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM#5 - CONSIDERATION OF AWARDING THE REQUEST FOR PROPOSAL(RFP)FOR AVENUE OF THE FOUNTAINS. Town Manager Tim Pickering stated that Planner Denise Ruhling would provide a brief overview and discuss Staffs recommendations relative to this project. Ms. Ruhling expressed appreciation to everyone who participated in this process for the countless hours they devoted to this project. She noted that on February 20th, the Council Ihir approved the processing of a Request for Proposals (RFP) to solicit bids to produce a Concept Plan for the Avenue of the Fountains. She reported that approximately 30 RFP's were sent out to different companies and 11 proposals were received and distributed to the members of the Review Team, composed of Denise Ruhling, Tom Ward, Greg Bielli (MCO); Judi Yates (Downtown Consensus Representative) and Lowell Janson (Plat 208 Representative). She explained that the members of the team were asked to review the proposals and select the top five (5) respondents. She added that the team met on May 21st and narrowed the proposals down to the following three: Abell & Associates ($37,350); Design Workshop/Spectrum Planning ($30,400); and e-Group ($13,000). She advised that the Team held interviews on June 3rd with representatives of the top three proposals and based upon the written proposals and the information provided during the interviews, the Team recommended that the award be presented to Design Workshop/Spectrum Planning. Ms. Ruffling further explained that the Team did not recommend that the award go to the lowest bidder based on the fact that the e-Group's bid was 42% lower than the next lowest bidder and the team expressed concerns over the low bid and the possibility of change orders that would increase the cost of the process; the Team expressed concerns regarding performance of the bidder on previous projects within the Town of Fountain Hills; and the bidder's presentation during the interview process was found to be lacking compared to the presentations provided by the other two presenters. In addition, she noted that during the interview, the bidder did not appear "open" to input on concepts and it appeared to the members of the Team that many ideas were already conceived and the bidder would pursue proceeding in the direction already chosen. Ms. Ruffling stated that Design Workshop/Spectrum Planning was very open to input and provided information on their intent to use every available option to ensure that the concept plan reflected the overall desires of the community. Discussion ensued relative to the composition of the Design Workshop/Spectrum Planning organization and prior projects and experience; the fact that the organization specialized in "Place Branding," the development of strategic E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 2 of 25 6/27/2003 plans to weave a community's unique values for each cornerstone into physical and market communications that represented the community; the fact that although the budgeted amount for the Development of the Concept Plan was set at $25,000, Staff had contacted Ms. Ghetti in accounting to verify that the additional funding to cover the total amount of $30,4000 might be taken from the construction budget; and Staffs opinion that the combination offered by Design Workshop and Spectrum Brand Planning would be a great asset to the development of Avenue of the Fountains. Councilman Stevens MOVED and Councilman Kavanagh SECONDED a motion to award the Request for Proposal (RFP) for Avenue of the Fountains to Design Workshop/Spectrum Planning, as recommended by Staff and the members of the Review Team. In response to a question from Councilman Melendez, Ms. Ruhling advised that none of the representatives from Design Workshop/Spectrum Planning were able to be present this evening for a variety of reasons. Councilman Melendez commented on the favorable results of research he conducted on the company and said that he supported the award of the bid to this organization. Ms. Ruhling advised that Staff would meet with representatives of Design Workshop/Spectrum Planning and begin to schedule public input/workshop sessions relative to this project. She noted that Staff would keep the Council informed of the status of their efforts. MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM #6 - CONSIDERATION OF AN ALTERNATIVE HILLSIDE DEVELOPMENT AGREEMENT FOR TREVINO BUSINESS CENTER, LOCATED AT A NINE BUILDING, 34,408 SQUARE FOOT PROFESSIONAL OFFICE COMPLEX ON AN UNPLATTED PARCEL OF LAND LOCATED WEST OF SAGUARO BOULEVARD, NORTH OF TREVINO DRIVE AND EAST OF BURKEMO DRIVE. Mr. Pickering advised that Dana Burkhardt would provide a brief overview of this agenda item as well as Staffs recommendations. Mr. Burkhardt referred to handouts distributed to the members of the Council and noted that the Town had a consistent policy of approving these types of alternative hillside development agreements for commercial development. He noted that the primary purpose of this agreement was to allow the development of the property utilizing an alternative land preservation methodology. He noted that the proposed alternative hillside preservation agreement would provide a contiguous open space buffer between the commercial and residential properties, rather than isolated pockets of hillside protection easements throughout the site. He added that the agreement also proposed considerations for off-site improvements, such as the sidewalk locations and proposed Trevino Drive right-of-way improvements. Mr. Burkhardt stated that next week at the Planning and Zoning Commission meeting the preliminary plat would be reviewed and said he hoped they would forward a recommendation on to the Council for approval on July 1st. Discussion ensued relative to the site plan and actual location, the fact that the project consisted of a 9-building professional office complex, proposed preservation and hillside protection areas, the fact that the applicant was proposing to provide an adequate landscape buffer between the future industrial development and the adjacent residences, the fact that the proposed agreement provided a payment in lieu of the required preservation in the amount of$21,926 and also required the developer to re-vegetate the previously disturbed area within the proposed HPE, and the fact that the payment in lieu provided for the transfer of hillside protection from this property to the McDowell Mountain Preserve purchased by the Town. Mr. Burkhardt emphasized that the Town of Fountain Hills' General Plan encouraged open space/landscape buffers between commercial and residential zoning districts, as well as the preservation of contiguous natural areas. He discussed Staffs belief that the contiguous hillside protection easement buffer met the intention of the Town's ikiir General Plan and said that Staff recommended approval of the Alternative Hillside Preservation Agreement for the "Trevino Business Center." E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 3 of 25 6/27/2003 In response to a question from Councilwoman Nicola, Tom Ward responded that Staff believed it would be best if the sidewalk was constructed on Saguaro Boulevard and noted that the Master Plan contained plans for sidewalks on both sides of Saguaro Boulevard. This action will help achieve that goal. He added that plans called for increasing the width of the sidewalk on Saguaro to six feet. Mr. Burkhardt noted that issues such as this would be further addressed when the actual plat was reviewed. Councilman Archambault asked whether the agreement could include a clause that stated that any development that was begun must be completed within a one-year time frame. Town Attorney Andrew McGuire noted that the work would be tied to specific permit expiration dates. Councilman Archambault commented that this did not mean that the work would actually get done and discussed projects he had seen in the City of Scottsdale that were never finished. He stressed the importance of receiving assurances from the developer that projects would not be started unless they were sure they would be completed. Mr. McGuire questioned the enforcement ability the Town would have in such cases. The Mayor asked if there were any citizens present who wished to speak on this item and the following citizen came forward. Stan Klesky, 15643 E. Grassland Drive Mr. Klesky suggested that the Council consider including a "liquidated damages clause" in the agreement in order to provide added protection to the Town of Fountain Hills. Mr. McGuire explained the concept of liquidated damages and when such clauses come into play. He stated the opinion that it would not apply in situations such as this. Councilwoman Stevens MOVED that the Council approve the Alternative Hillside Development Agreement for Trevino Business Center, and Councilman Kavanagh SECONDED the motion. MOTION CARRIED UNANIMOUSLY.(7 TO 0) Lor AGENDA ITEM#7 - DISCUSSION WITH DIRECTION TO STAFF REGARDING THE INITIATION OF AMENDMENTS TO THE SIGN ORDINANCE. Mayor Nichols explained that the Council would not be approving this agenda item this evening, but rather would be providing Staff with direction that would then be presented to the members of the Planning and Zoning Commission. He added that the input would then be used to develop a proposal that would later be further considered and reviewed by the members of the Town Council. Denise Ruhling referred to a report contained in the Council's packets and noted the issue of A-Frame signs was one of two remaining outstanding issues at this time. She said that Staff previously recommended that A-Frame signs be prohibited but stated that this recommendation did not meet with Council's approval and therefore Staff was directed to develop guidelines that allowed the regulated use of A-Frame signs. She explained that Staff had included recommended regulations in their report for Council's review and consideration. She reported that the regulations limited the number of signs to one per business, required a permit, and outlined placement and design requirements. Ms. Ruhling referred to a sample A-Frame sign displayed in the Council Chambers and reported that Staff had recommended that the maximum size of an A-Frame sign be 32 inches wide and 36 inches tall. She added that all signs would have to be professionally manufactured, maintained in good repair, and no attachments to the signs would be permitted. She noted that all signs should be removed from the site upon close of each business day or sunset, whichever occurred first. Ms. Ruhling stated that for pedestrian safety, and in order to meet Americans With Disabilities (ADA)regulations, all businesses would be required to maintain a pedestrian walkway minimum of four (4) feet of unobstructed sidewalk clearance from the outer edge of the sign and outer edge of the sidewalk and said that landscaping could not be modified or damaged to accommodate an A-Frame sign. Ms. Ruhling referred to the proposed guidelines for A-Frame signs, as follows: E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 4 of 25 6/27/2003 * Number of Signs Permitted: One per business. * Permitted Locations: Signs may be placed in any commercial area(except on Shea Boulevard). Signs may not be located within right-of-ways or on Town property. Signs located off premise (property owned by entity other than the applicant) require a notarized letter of authorization and placement from property owner. A-Frame signs are not allowed on Shea Boulevard. * Signs shall not be located within 300 linear feet, along the same roadway, as measured along the public right-of-way line(s)of another sign bearing the same or substantially the same message. * Signs shall not be located more than one mile, as measured along the public street right-of-way lines, of the destination to which such sign is directing traffic. * Clear Vision Area: No sign shall be located as to pose a traffic vision hazard (i.e. located within the sight triangle as defined in the Town of Fountain Hills Subdivision Ordinance Section III,Exhibit 16). * Size: No sign may be greater than 32 inches wide and 36 inches tall. * Maintenance and Appearance: All signs shall be in good repair and neatly painted. No attachments to signs are permitted. * Landscaping: Alteration of landscaping in any manner is strictly prohibited. * Display Times: A-Frame signs shall not be displayed during non-business hours or between sunset and sunrise. * Permit Number Display: All A-Frame signs must be permitted and display the required permit sticker in the upper right hand corner of the sign. * Placement Design: A map showing placement of sign must be provided at time of application and strictly adhered to. * Required Documents: If a sign is to be located off-premise, a notarized letter of authorization of placement must be obtained from the property owner and submitted at time of application to the Town. Ms. Ruhling discussed using permits and that the signs would have to be professionally made (definition of "professionally made"yet to be determined); the fact that fee amounts had not yet been determined;businesses that operated from a home or residential complex were not permitted to use A-Frame signs except for real estate A- Frame signs, which fall under different regulations, and the fact that in no case shall A-Frame signs be allowed on Shea Boulevard. Ms. Ruhling noted that the second outstanding issue dealt with neon signs and reported that at the time of adoption, the Town Council directed Staff to eliminate neon signs as an allowed use. She requested that the Town Council revisit the idea of neon as an allowed use and added that the original proposal was to allow neon as follows: a) As part of a wall sign; and b)for window signage a maximum size of four(4)square feet. Ms. Ruhling reported that Staff had proposed that neon as part of a wall sign be eliminated but that neon be allowed as stated in (b) above, thus allowing businesses the flexibility to use neon in window signage. She added that the majority of the businesses that had contacted Staff had indicated that the only neon they were asking for was to be used as an open sign. She said that while it was true that Staff would not be regulating the content,the size allowed was not conducive to being used as a main part of their advertising. Councilman Kavanagh stated the opinion that the Council should discuss neon signs separately from A-Frames signs since they were two separate issues. He noted that the Council previously voted on a motion to continue the ban on neon signs and asked whether a new motion was in order to reverse that action, made by a member of the Council who voted affirmatively for that motion. Mr. McGuire explained that the item before the Council was not a motion to reconsider the previous action but rather Council direction to Staff to initiate a zoning ordinance amendment. He said that Staff would bring this matter back to the Planning and Zoning Commission, it would go through the public hearing process, and then the issue would come back before the Council for further consideration and final action. Councilman Kavanagh said that he, along with the majority of the members of the past two Town Councils and beyond, had always supported a ban on neon signs because they believed they had the ability to get "out of control" and degrade the Town. He commented on the fact that a wide range of neon existed in the Town and said that some E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 5 of 25 6/27/2003 of it was very disturbing. He added, however, that a number of store owners had spoken to him and convinced him that a need existed to communicate to customers that their places of business were "Open" and said that this could be accomplished through the use of a small "Open" neon sign. Councilman Kavanagh stated that he had discussed an ordinance that would allow the placement of small neon signs saying "Open," with or without the small frame around the wording, with the Town Attorney who expressed a certain amount of concern regarding proceeding in this manner. He reported that the concern involved the fact that telling people what they can write (limiting the wording to "Open") might constitute a First Amendment violation. He added that during further conversations with Mr. McGuire, he stated that if the ordinance limited the size of the sign to four square feet or less, containing the wording "Open" only, and that was challenged in court in terms of First Amendment rights, would the effect be that the court would determine that the four square foot sign could contain any language the owner of the sign wanted to put on it or would the ordinance be eliminated and neon signs would, in effect, "go away." He said that Mr. McGuire's opinion was that the law would be invalid and there would be no neon, so the risk of opening the door to all sorts of neon signs "disappeared." Councilman Kavanagh commented that based upon the small square footage of the neon signs being recommended and on the need for businesses to advertise the fact that they were open for business, he would support allowing one four square feet or less "Open" neon sign per store. He added that if this was challenged by a store owner who wanted to put other wording on the sign, in addition to the word "Open," that all neon be banned, which was actually his preference,but he recognized the need for businesses to display their"open" status. Councilwoman Nicola said that she was neither frightened or offended by neon and asked Staff to clarify the intent of the third proposed guideline: "Signs shall not be located within 300 linear feet, along the same roadway, as measured along the public right-of-way line(s), of another sign bearing the same or substantially the same message." Ms. Ruhling explained that there were two purposes for that statement, first, if the Council decided to allow more than one A-Frame sign per business, that they would not be allowed to be within 300 feet of each other in order to provide sufficient spacing and second, to prevent the placement of A-Frame signs directly adjacent to signs for the same business in order to avoid the appearance of sign "clutter." Mr. Pickering said that the language could be clarified to reflect this purpose. Councilman Archambault agreed that the language in that particular guideline should be clarified and added that if it was the intent of Staff, the language should be revised to read that A-Frame signs could not be located within 300 feet of a business. Ms. Ruhling clarified that the intent was not to have a freestanding sign and then an A-Frame sign or a wall sign and then an A-Frame sign. She added that a business might be located on the back of the lot, away from the main road, and the owner would want to locate the A-Frame sign up front for visibility purposes and said that would be fine. She clarified that the guideline was for businesses that might be located right in back of the sidewalk and wanted to place the A-Frame sign right outside the sidewalk, directly underneath their wall sign. Ms. Ruhling also agreed that the language should be clarified to explain this intent. Vice Mayor Ralphe requested that Staff look into three different components, and said the first one applied both to A-Frames and directional signs, as in real estate and open houses. She asked that a definition of "professionally made" be determined. She expressed the opinion that "stenciled letters" were not professional looking. She said that her other ideas applied strictly to the A-Frame signs and asked whether a duration time for the permit had been determined, i.e. whether it would be renewed on an annual basis or within some other time period. She advised that a suggestion was received from a citizen/business owner relative to charging a small fee for the sign permits and she requested that Staff pursue this possibility as well. Mr. Pickering addressed the issue of defining the term "professionally made" and indicated Staffs intent to do so. He said he was not sure whether "renewal" periods were actually discussed but noted that this item as well as the charging of a fee for sign permits would be actively pursued and recommendations would be forwarded to the Ly Council for their review. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 6 of 25 6/27/2003 Councilman Melendez commented that his goal as a member of the Council was to ultimately eliminate all A- Frame signs in the Town of Fountain Hills and to move instead to a "monument sign" concept that had been used very successfully and effectively in other areas. He added that in the meantime he realized the importance of providing businesses a method of announcing that they were in fact there and open for business. He said in the long run, the Town Manager should work towards what he believed was a better, more aesthetically pleasing method of accomplishing this same goal. He also emphasized the importance of enforcement in this area and directed Staff to move strongly and consistently in this direction as well. Councilwoman Nicola commended Staff and the public on the time and effort they had put into this issue and expressed the opinion that the A-Frame signs should remain the same size they are now. Councilman Kavanagh reiterated his opposition to A-Frame signs and said he believed the purpose was to provide businesses with additional advertising methods. He added that he agreed increasing the signs by an additional 6 inches was unwarranted and unnecessary and supported the current size if there were to be A-Frames at all. He also spoke in opposition to granting permits based on the work associated with the process and recommended that illegal signs be removed and the owners be charged $25.00 fines. He added that the requirement that a notarized letter from the property owner to allow the sign served no real purpose and should not be put in place. He said that if the property owners objected to the placement of the A-Frame signs, they would contact the Sheriffs Office and the sign would be removed. He commented on the fact that 300 linear foot requirement, which included the store sign itself and not just another A-Frame sign, would basically "push" the A-Frame signs 300 feet away from the store, which did not make a lot of sense to him. He stated the opinion that the store owners wanted to have the signs close to their places of business and added that requirement would cause a certain amount of confusion among people trying to find the business to which the sign was referring. Additional discussion ensued relative to the fact that the purpose of the A-Frame signs was to direct traffic to stores that were not necessarily enjoying the benefits of "street frontage" rather than be on site and served as additional signage; the fact that all businesses in the Town that do not front Shea Boulevard, Palisades Boulevard, Fountain Hills Boulevard or Saguaro Boulevard (including frontage Road) would be allowed to display one A-Frame sign isaw with a valid permit; a ban on placing the signs in the right-of-way because of associated liability issues; the importance of developing strict, appropriate code enforcement regulations and applying them and the fact that complaints against the signs would be reported to Code Enforcement rather than the Sheriffs Office. In response to comments from Councilman Melendez, Ms. Ruhling advised that there were two types of real estate signs associated with this issue, first, the "Open House" directional signs and second, signs directing people to real estate offices. She said that the signs directing people to an office would be covered under the same regulations being proposed above. She added that "Open House" directional signs would fall under that separate category. Councilman Melendez commented on the fact that he had received letters from businesses located south of Shea that had no identification in place to announce their presence. He discussed the resulting negative impacts on these businesses and said that although he and the members of the Council could sympathize with their plight, the ordinances were in place covering this issue and nothing could be done relative to placing signage directly on Shea Boulevard. Councilman Archambault commented on the fact that although five signs per business were originally approved, that number has been changed to three and Staff had recommended that the number be reduced to one. Vice Mayor Ralphe concurred with statements made by Councilman Melendez relative to the fact that monument signs were preferable to A-Frame and other types of signs and requested that whatever was adopted now in terms of signage and permitting be adopted on a "temporary basis" and that effort be expended in the future to pursue some type of policy that encouraged the use of monument signs. She questioned the time frame it would take to pursue and possibly implement such a process. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 7 of 25 6/27/2003 Tom Ward responded to Vice Mayor Ralphe's comments and said that it took two years to complete the last monument project (town directional signs). He asked that the Council consider Town directional signs as monument signs and expressed the opinion that they work better from a "sight" and "construction" standpoint. Vice Mayor Ralphe amended her suggestion to incorporate Mr. Ward's input relative to Town directional signs versus monument signs and asked Staff to pursue this issue when and as time and funding permits. Councilman Archambault concurred with the comments presented by Councilman Melendez and Vice Mayor Ralphe regarding this matter and urged Staff to determine a method of eliminating A-Frame signs and work towards the suggestions offered by these two members of the Council. He added that if it took two to three years to accomplish this goal,that would be fine,but Staff needed to work in this direction. Councilman Kavanagh said that he too concurred with the previous Councilmembers' remarks and added that the policy that was being considered at this time should be labeled "temporary" in order to avoid future "grandfathering" of A-Frame signs. Discussion ensued relative to sign positioning and distance/clear vision stipulations; Councilwoman Steven's opinion that the signs did not need to be any larger and that they should also apply to real estate and "Open House" signs, and the importance of providing assistance to businesses in Town. Mayor Nichols commented on the fact that 85% of the monies that were generated to manage the Town come from sales tax and stressed the importance of supporting the Town's businesses and helping them to increase their revenues. He added that he supported pursuing the monument sign concept as well and phasing such a policy in when time and money permitted. He agreed that A-Frame signs were too large and should be smaller. In response to a comments and questions from Council, Mr. McGuire expressed that staff would forward Council directions to the Planning and Zoning Commission regarding amendments to the Sign Ordinance. Councilman Melendez stated that he agreed that real estate signs should also conform to the regulations governing the rest of the signs. Mayor Nichols concurred with this statement as well and said they should be professionally made. He added, however, that from a "number" standpoint, he thought that real estate businesses needed to have more than just one sign in place in order to provide adequate directions to people trying to locate homes and offices. Councilman Kavanagh said that he would be interested in hearing the consensus of the Council that had been reached so far regarding the various issues that had been discussed. Mr. Pickering commented that he had made the following notes based on input received from the various members of the Council: * Signs to be reduced in size(6"); and * Monument signs ultimately be the "end result" of this process. Mr. Pickering added that the above two items represented the only clear-cut issues that received Council consensus although individuals presented a variety of thoughts and comments. Councilman Melendez pointed out that the Council had also emphasized the need to develop, implement and enforce code regulations relative to signage and commented on the fact that the current ordinance was not easily enforceable and/or clear-cut. Mr. Pickering indicated his intention to pursue this matter as well but said he listed only those items that a majority of the Council appeared to support. He added that Staff would appreciate more specific direction relative to each of the issues that had been brought forward by Staff. In response to comments from Councilwoman Stevens, Mr. Pickering asked whether certain members of the Council were talking about limiting the number of"Open House" signs to one. Councilwoman Steven said that she E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 8 of 25 6/27/2003 did not support limiting "Open House" signs to one but believed that they should conform to most of the guidelines discussed this evening with the exception of the number. She added that their placement should be similar to A- Frame signs, they should be professionally made, and distance requirements should be the same. She stated the opinion that the current number, five "Open House" signs, was appropriate and should remain unchanged. Vice Mayor Ralphe commented that she concurred that the same rules should apply to real estate signs but disagreed with the number of those signs. Mr. Pickering indicated that it appeared a consensus of the Council also supported Councilwoman Stevens' comments as listed above. Mayor Nichols asked whether any citizens were present who wished to speak at this time. Lowell Janson, 17324 East Zaharias Mr. Janson said he was a resident of Fountain Hills and a business owner. He stated that one of the problems associated with the neon situation was the fact that although the four square foot size was appropriate, the number of signs allowed should be increased from one to two. He stressed the importance of allowing two "Open" signs, one in the front and one in the rear in order to enhance visibility and agreed that a permit system would be appropriate and help control this area. He suggested that the Council consider changing the wording from "professionally made" as far as the signage to "professionally made appearance" or "appearing professionally made" since there were many talented, competent people who could make their own attractive signs. Mr. Janson also agreed that A-Frame signs should be uniformly enforced but expressed the opinion that all businesses, including Real Estate companies and their"Open House" signs, should be allowed a maximum of three signs. Vladimir Hulpach Mr. Hulpach,representing the Chamber of Commerce, said that at a previous meeting he spoke regarding this issue tolow as well and would not repeat his remarks at this time. He added, however, that on May 1st the Council voted to continue the ban on neon signs in their entirety within the Town of Fountain Hills. He said that he appreciated the willingness of the Council to reverse that position and agreed that possibly "two exposures" should be considered. He also pointed out that if the Council approved the A-Frame signs tonight and directed Staff to pursue the development of a "monument sign" proposal for the time being, the businesses using those signs would have anywhere up to three years to use the A-Frames until that policy was finally in place. He added, however, that if it took the Council three years to decide upon the neon signage ruling, all new businesses in the Town would be prohibited from putting up any neon signage according to the regulations. He urged the Council to consider this important issue and support businesses in the Town that now and in the future would rely on the neon signage. Mayor Nichols commented that he supported neon and strict enforcement of Town codes. He asked Mr. Pickering what he needed in order to move along on this matter. Mr. Pickering advised that Staff would present the draft to the members of the Planning and Zoning Commission, along with changes recommended by the Council and previously discussed, including changing the real estate sign section,developing tougher enforcement regulations, and developing wording relative to monument signage. Mayor Nichols also asked that the issue of neon be included as well as a definition for "professionally made" or "professionally appearing" signs. Councilman Archambault concurred with Councilman Kavanagh's remarks relative to fees and the fact that such a policy would generate more work and effort than necessary. He added that the fees should be eliminated and fines should be put in place and strictly enforced. f L E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 9 of 25 6/27/2003 In response to a question from Councilman Kavanagh relative to whether a Council consensus had been reached on where signs would be allowed, Mr. Pickering indicated that he needed additional direction from the Council relative to this issue. f`, Discussion ensued relative to this issue with Councilwoman Stevens, Mayor Nichols, and Councilwoman Nicola indicating their support. The Mayor read into the record the first statement of the policy which clarified what the Council was discussing: "All businesses which do not front Shea Boulevard, Palisades Boulevard, Fountain Hills Boulevard or Saguaro Boulevard(including frontage road) will be allowed to display A-Frame signs with a valid permit." In response to a question from Councilwoman Stevens,Mr. Pickering stated the opinion that the issuance of permits was an important component of the process and added that Staff recommended the implementation of fees. He gave a brief overview of the proposed permit process. Councilwoman Nicola spoke in support of a permit system and stated the opinion that such a system would be helpful from an enforcement point of view. In response to a question from Councilman Kavanagh relative to charging a$25 fine for each violation and issuing a summons when the person came in, thereby eliminating the need to issue permits, Mr. McGuire stated that this was the process currently in place and it had not worked. Councilman Kavanagh noted that enforcement was lacking and added that if stringent enforcement took place,the process might be successful. Mayor Nichols stated the opinion that the reason they were considering amending the Sign Ordinance was that they did not like the signs that were currently being displayed, they were not professionally made, and were not consistent. He expressed the opinion that the purpose of the proposed guidelines was to achieve some aesthetically pleasing consistency and added that he believed the permit process would be helpful in achieving this goal. Mr. Pickering indicated that Staff had sufficient direction from Council and would proceed with their suggestions. AGENDA ITEM #8 - CONSIDERATION OF APPROVING AN AMENDMENT TO THE ANNUAL RURAL METRO AGREEMENT FOR FIRE AND EMERGENCY SERVICES. Mr. Pickering addressed the Council relative to this agenda item and stated that the contract provided for all fire suppression, hazardous material incident control, advanced life support and fire prevention, including fire and life safety in all schools as well as fire code administration, including new construction code compliance. He stated that Rural Metro had done an excellent job for the community and Staff had recommended approval of the amendment to the existing Rural Metro Agreement. He noted that the agreement amendment also allowed Fountain Hills to continue to be connected to Scottsdale's automatic aid system and commented on the positive impacts of the services received by Fountain Hills as a result of the system. Mr. Pickering informed the Council that according to monthly reports provided by Rural Metro, service calls focused on two major areas, snake removals and lockouts, which involved children being locked in cars and their safe and timely removal and E.M.S. (Emergency Medical Service) calls for emergency service involving the dispatch of an ambulance. Mr. Pickering discussed costs and said that the cost of the FY 2003-2004 contract was $2,283,480 or only $7,808 more than the previous fiscal year. He explained that the minimal increase was the result of a reduction in administrative overhead, which would have no affect on life safety or emergency medical services. He noted that Staff had not filled the Assistant Chiefs position and eliminated the secretarial position, resulting in a savings of$105,975. Mr. Pickering reported that the existing contract allowed the Town to extend the contract for one year commencing July 1, 2003, through June 30, 2004, and said that due to the possible establishment of a fire district, Rural Metro, as well as Town Staff, was cautious about extending the contract beyond this point. He added that the contract might be terminated without cause or for lack of funding with 90 days notice and for cause with a 30-day notice. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 10 of 25 6/27/2003 Mr. Pickering stated that the Town would furnish buildings and equipment, and building maintenance for such things as HVAC, parking and landscaping. He added that Rural Metro would provide utilities, daily maintenance, telephone service, and perform vehicle maintenance. He noted that Rural Metro would maintain all Town owned fire and emergency medical apparatus and equipment with the Town paying Rural Metro 10% per item on repairs. Mr. Pickering stated that he recommended a motion to approve the amendment extending Rural Metro's agreement and noted that the Town Attorney had reviewed the contract and amendment. In response to a question from Councilman Archambault, Mr. Pickering explained that the responsibilities previously carried out by the secretary had been re-distributed to the Fire Chief, two other individuals serving as Fire Marshals, and any other members of Staff who were in a position to "pitch in " and help out in this time of need. He added that although a void existed in the absence of filling this position, necessary monies were being saved and everyone was willing to do what they could to help out until the financial situation improved to the point where this position might once again be filled. He added that the Assistant Fire Marshal's position had also not been filled in an effort to curtail costs and said that this might be part of the reason why Rural Metro was amenable to these changes. In response to questions from Councilman Archambault relative to "credits," Mr. Pickering explained that there was some "give and take" in terms of the contract that the Town had with Rural Metro. Fire Chief Mark Zimmerman addressed the Council relative to this issue and explained that a person had been moved into the position of Assistant Fire Marshal and the duties had been carried out 40 hours, five days a week. He added that the firefighter position had been "backfilled" by another firefighter. He noted that a Deputy Fire Marshal was basically "moved up" to fill that position for the year. He explained that the Assistant Chief/Fire Marshal was one position, so the same number of personnel were available to respond to fires. Mr. Pickering noted that the Town of Fountain Hills did not control what Rural Metro paid individuals. He added that the Town also did not have any control over that particular area in the Sheriffs Department. He stated the ihow opinion that based on previous experience and knowledge of this area, the Town of Fountain Hills was receiving extremely cost effective fire service. He explained that Rural Metro had the ability to offset some of their costs with their ambulance service,which meant the insurance company typically paid the bills. He said that he would be hesitant to attempt further negotiations with Rural Metro based on the fact that the Town currently received excellent value for dollars spent. Councilman Archambault commented on the fact that last year Rural Metro requested a 5% increase in the contract amount of salaries and benefits from the Town of Fountain Hills. He questioned where in the report it was reflected that the salaries and benefits were actually paid out. Mr. Pickering responded that that was last year and no increase was requested for this year. He noted that they were discussing a one-year rather than three-year contract extension and said that limited negotiation power goes along with such a limited time contract. Additional discussion ensued relative to the fact that the Town of Fountain Hills did not become involved in Rural Metro's personnel issues; the addendum, and the fact that it stated that the "Town Manager or his designee" would meet with the Fire Chief on a quarterly basis to review reports, and discuss performance and Councilwoman Nicola's suggestion that a report be provided by the Town Manager to the Council in a public forum regarding this issue; the fact that an annual equipment inventory was carried out; required reports and the importance of enhanced communication between the Town Manager and the Council relative to various issues (incidents responded to, average response times, fire loss/potential report, response exceptions, training hours, building and site inspections, building and site plan reviews and public education activity). Councilwoman Nicola commented that last fall the Council noted in a report that a significant amount of time was spent performing plan review,going out to sites to check on residential/commercial sprinklers,etc. She noted that a permit process was in place through the Building Safety Department whereby someone who wanted to build a building paid for plan review, but no such process was in place to recuperate any of the monies spent in this particular area relative to the time that Rural Metro put out. She added that since no dedicated funding existed for E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 11 of 25 6/27/2003 this area, it might be advantageous for Staff to pursue a process whereby some of the costs could be passed along to end users. Councilwoman Nicola also discussed ambulances and noted that last year's contract stated that the Town would receive a $10,000 credit off the contract for the lease of the ambulance and said that she had not seen the credit reflected in the paperwork. She asked that she be shown the actual credit as well as documentation reflecting that Rural Metro paid for the insurance for the ambulance rather than the Town of Fountain Hills. Mr. Pickering stated that Staff would verify the reduction in the cost of the contract and provide the Council with that information as well as verification of the insurance. Councilman Kavanagh noted that many of the questions being posed to the Town Manager at this time should have been forwarded to him prior to the meeting in order to provide Mr. Pickering an opportunity to research the information and have the data available. He added that some pre-planning in the future would benefit Mr. Pickering and provide the Council with accurate,up-to-date responses to their questions. Additional discussion ensued relative to the importance of prompt response times and the fact that a map of response time areas referred to in the agreement had not been attached to the documentation; Mr. Pickering's intention to forward the requested document to the members of the Council; a request from Councilman Archambault that the Council be provided copies of the Annual Report(due September 1) and Rural Metro's three- year operational plans as outlined in the agreement and Mr. Pickering stated that he would also look into this matter and secure and distribute the requested information; a request from Councilman Archambault for the names of the individuals carrying out the positions of firefighters listed on Page 28 of the agreement under "Appendix E - Manpower" and the fact that the names/personnel change on a frequent basis; and the fact that the contract differs from the Sheriffs contract in that Rural Metro was a privately held company and might not release certain information. Councilman Archambault stressed the importance of holding Rural Metro to the terms of their contract with the kiw Town of Fountain Hills. Mr. Pickering responded that the 5% increase requested by Rural Metro, in Staffs opinion, was reasonable and appropriate. He reiterated his opinion that the Town was receiving excellent, high- quality service from Rural Metro and cautioned against "over-managing" the contract with Rural Metro, particularly when the Town was negotiating a limited one-year contract with the provider. Councilwoman Nicola stated the opinion that the point that Councilman Archambault had attempted to make was that the Town Manager administratively receive a report from Rural Metro reflecting the levels of experience, staffing and achievements accomplished by those individuals on a quarterly basis and that the Town Manager pass that information on to the members of the Council. Mr. Pickering said that it was possible, according to the current contract, to provide the Council with the information requested, as outlined by Councilwoman Nicola. He added that he would be happy to provide the Council with a report relative to how they were doing on a quarterly basis and would do so in the future. Councilwoman Nicola MOVED to approve the amendment to the annual Rural Metro Agreement for fire and emergency services and Councilwoman Stevens SECONDED the motion. Bob Travis, 14218 N. Chinook Plaza Mr. Travis asked whether the monthly Rural Metro reports were considered public records and Mr. McGuire responded that some of the information included in the reports, particularly information related to personnel were not. He added the opinion that the major incident reports that were issued were in fact public record. Mr. Travis also commented on the 1% sales tax that was initiated by the Council to fund fire service and asked whether the amount was sufficient to pay for the costs of these critical services and if so, he wanted to know why Lir reductions this year were being made in services this year. He read a statement into the record as follows: E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 12 of 25 6/27/2003 "By eliminating the Assistant Fire Chief the citizens will be losing one emergency medical technician and also one firefighter each day which will have an affect on the life, safety and medical services for major incidents in Fountain Hills. I am asking the Council to ask Rural Metro Corporation to allow the Town firefighters, at the next Council meeting, to be able to voice their opinions without worrying about retribution for speaking up. We constantly read on certain web sites and in the newspaper how our firefighters are always being left out in their opinions and the old Fire Board didn't listen to them, no one was listening to them, and I think they should be heard. They had always told the Fire Board in the past that they needed more manpower and vehicles in Fountain Hills. They requested four personnel for each fire truck to respond on calls to be safe in Fountain Hills. Today the Town only has two firefighters between 9 and 5 responding on a ladder truck from the fire station south of Shea to protect that end of Fountain Hills. Remember,four minutes should be the response to the scene to save a life. 1 would also like the Council to get input from retired Fire Chiefs that have also given input in newspaper articles that live in our community. For the last three years no additional manpower has been added to our growing Town. The old Fire District was going to add two firefighters every day three years ago before they were taken over. How do the professionals feel? I believe that by eliminating the Assistant Fire Chief without at least adding a Firefighter EMT was definitely reducing the services to Fountain Hills' residents. Tonight the Governor of our State declared a State of Emergency because of the summer's extreme wild fire dangers." Mayor Nichols informed Mr. Travis that his time was up and thanked him for his input. Councilman Archambault commented that he would not support the motion. He added that he could approve spending this much money on fire service but said that he did not believe that the contract was complete, i.e. Appendix A was missing and the boundary lines might change. He stated that the Town needed to start planning ahead and that Rural Metro was not helping the Town to accomplish this goal. He noted that he was simply asking that Rural Metro live up to the terms of the contract and said that he believed the Town should go on a month-to- month basis with them until the contract was completed and they lived up to the terms of the contract. In response to a question from Councilman Melendez, Mr. Pickering advised that he would provide the members of the Council with copies of Appendix A by the next day and added that it could be attached to the contract. MOTION CARRIED BY MAJORITY VOTE(6 to 1)with Councilman Archambault voting Nay. (Mayor Nichols declared a brief recess at 8:37 p.m. and the meeting reconvened at 8:45 p.m.) AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE ANNUAL MARICOPA COUNTY SHERIFF'S AGREEMENT FOR LAW ENFORCEMENT SERVICES. Mr. Pickering addressed the Council relative to this agenda item and briefly reviewed a Council report relative to this issue. He noted that the agreement represented an increase in services from the current level. He pointed out that when budget cuts took place, the Council reduced the level to a ratio of 2.66 beats and said that this increased the contract to 3.5 beats due to the reduction in the Marshal forces. He noted that Staff had reviewed the Queen Creek, Cave Creek,and Carefree agreements to ensure that the Town received the best possible deal. Mr. Pickering explained that the proposed agreement provided for all law enforcement services including traffic enforcement, crime prevention, patrol activities, youth education services, court services, neighborhood block watch coordination, responding to barking dog complaints, handling walk-up window operations, detective services, transporting prisoners, and call receiving and dispatching. He stated that it was anticipated with the agreement that traffic enforcement and court case filings would increase due to additional manpower. Mr. Pickering noted that staffing levels would increase to four deputies per shift, which would increase the Town's coverage to 1.33 officers per 1,000 residents. He added that Maricopa County would provide all necessary training as required by the State. He advised that according to monthly reports for the six-month period from November 2002 to April 2003 provided by the Sheriffs office, the four most frequent Fountain Hills calls for service were Liv alarm calls, welfare checks, suspicious persons, and civil matters. He added that other types of typical calls included handling traffic accidents,motorist assists, and burglaries. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 13 of 25 6/27/2003 Mr. Pickering also outlined associated costs and reported that the cost of the Fiscal Year 2003-04 agreement was $1,598,388 that covered all law enforcement activity except animal control and property maintenance code enforcement as compared to the current fiscal year law enforcement budget equaling $2.6 million. He noted that with the addition of fire service and the defeat of Proposition 400, the reduction in service cost for this activity was much needed. He reported that both he and the Town Attorney, in order to insure proper insurance coverage and indemnify the Town, had extensively revised the existing contract. He added that the agreement automatically renewed if the renewal rate increase is less than 3% and noted that either party, with a 90-day notice, could terminate the agreement without cause. Mr. Pickering stated that it was his recommendation that the Council vote to approve the Maricopa County Law Enforcement Agreement as presented. Councilman Melendez referred to Page 63 of the Budget, specifically jail and prisoner fees in the amount of $38,000, and said it was his understanding that the Town no longer used Scottsdale's overnight system and questioned why this figure was included in the budget. He commented that the Sheriffs Department would be taking over law enforcement and there was a holding cell for prisoners, and asked why the prisoners could not be sent directly to the Madison Street facility rather than being sent to Scottsdale. He said that he checked with the City of Scottsdale's Police Department and found out that the Town only used that system four or five times during the last year. Mr. Pickering indicated his intention to research this issue and report his findings. He said he believed that the amount reflected costs for prisoners'fees(prisoners kept off site)but stated that he would verify the information. Councilwoman Nicola explained that the reason the Town utilized Scottsdale's facility was that when people were convicted of first offense DUI's, they were required to spend 24 hours in jail and those fees were in fact collected from them so the Town did not have to pay this cost. Additional discussion ensued relative to this issue and Councilman Melendez indicated his preference that the City Attorney look into whether the Town could circumvent the current system and transport the prisoners to the Madison Street jail instead. Captain Scott Penrose,Maricopa County Sheriff's Office Captain Penrose addressed the Council regarding this issue and said that he wanted to clarify that a large portion of the $38,000 represented actual booking and housing costs for people who were incarcerated, either picked up on a warrant or arrested on a domestic violence charge from the Town of Fountain Hills and taken to the Madison Street facility. He noted that every town and city within Maricopa County paid those fees in order to maintain the jail system. He said that when someone is "booked" that is different from when they are "sentenced" for a 24 or 48- hour period into a facility such as the one in Scottsdale. He stated that he believed that decision was made by the Town Magistrate and suggested that the Town Manager and/or Town Attorney review this issue with the Magistrate. Discussion ensued relative to the increase in staffing levels; the fact that one beat represented 720-man hours per month and 3.5 beats represented 2520 hours; the fact that 29.5 sworn officers were proposed, which worked out to 2880 man hours per month or four beats; and the fact that a Sergeant was on duty at all times supervising the members of the posse. In response to a question from Councilman Archambault, Mr. Pickering stated that the Town had heard from the Justice Department but to date documentation had not been received. He stated that he and the Town Attorney participated in a conference call with a Justice Department contact last Thursday and were advised that if the Town sent letters to "withdraw" due to its financial hardship, the Town would not owe any money to the Federal Government and would not have to adhere to any required level of officers. He said that the letter was sent out and they were awaiting word back from the Justice Department at this time that they had closed the accounts. He indicated his intention to keep the Council informed on the status of this issue. He stated that they had been assured that the accounts would be closed. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 14 of 25 6/27/2003 Councilman Archambault asked what would happen if this did not occur and Mr. Pickering said that the budget that he had proposed that the Council adopt took this into consideration and added that he would not suggest that anything be changed. He stated that basically they were increasing the contract cost, that was all they were doing, and said in the worse case scenario, the Town would have to lower the contract cost and then hire more people. He added that although he did not anticipate this would happen,they did have the ability to do this. Additional discussion ensued relative to the 35-member posse team and its operations, the possibility of"marking" the vehicles of all posse members; two-year personnel commitments; the positive benefits of the increased presence of law enforcement personnel; concerns expressed by Vice Mayor Ralphe relative to the automatic renewal of the agreement if the cost increase was less than 3% and the Town Attorney's opinion that Clause 3 of the Agreement provided sufficient protection for the Town in this area; the importance of soliciting citizen input and preparing and distributing quarterly performance reports to the Council and the need to constantly review, evaluate and hopefully improve performance in law enforcement operations within the Town of Fountain Hills. Phil Gaziano Mr. Gaziano, Chair of LEAP, discussed the organization and purpose of LEAP and its commitment to community based policing. He stated that this organization had in the past, and would in the future, work with the community and the Sheriffs Department in order to improve the quality of life and enhance safety for all citizens of Fountain Hills. He said that since the Town no longer supported community based policing in its present form, the organization had concerns relative to grants it had received in the past. He discussed cooperative efforts and achievements that had been accomplished. He also commented on funds received from the public and noted that they had always been used for the benefit of the entire community. Mr. Gaziano stated that the group attempted to bring together the various forces and factions in order to resolve problems and added that they looked forward to working together in a cooperative positive manner in the future. Councilman Kavanagh noted that budget issues would not affect LEAP in any way, that their efforts were very much appreciated, and that it was anticipated that the members would continue to carry out the important work they performed. Councilwoman Nicola referred a question to the Town Attorney and noted that when they voted on Councilman Melendez's resolution to make the Sheriffs Office the Town's sole provider of law enforcement, an amendment was added to that that called for the addition of an Emergency Management Coordinator's position and for the creation of a Public Safety Commission. She asked why they would want two Commissions looking into police enforcement issues and questioned whether that was a lawful action and where they should go from here. Mayor Nichols commented that this issue was not part of the agenda. Discussion ensued relative to this issue and Councilman Kavanagh said he would like the role of LEAP placed on the agenda of a future meeting for discussion. John Turner, 17135 Calaveras Mr. Turner addressed the Council and questioned whether funding for the Neighborhood Watch Program had been included in the budget. Mr. Pickering responded that a Sheriffs Deputy would assume that responsibility and it was part of their proposal. Mr. Pickering stated that he would pursue identifying funds for Neighborhood Watch signs. Discussion ensued relative to the importance of this program and assuming a proactive approach in order to provide neighborhoods the best possible protection; animal control issues, and the fact that Staff anticipated that the Town would enter into an Intergovernmental Agreement with the County to provide this service (shared officer with another community). Councilman Melendez MOVED to approve the annual Maricopa County Sheriffs Agreement for law enforcement services and Councilman Kavanagh SECONDED the motion. MOTION CARRIED UNANIMOUSLY(7 to 0). E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 15 of 25 6/27/2003 AGENDA ITEM#10 - CONSIDERATION OF RESOLUTION 2003-37 REGARDING THE DISPOSITION OF UNNECESSARY LAW ENFORCEMENT EQUIPMENT. Mr. Pickering addressed the Council regarding this agenda item and stated that Councilwoman Nicola, with the assistance of the Town Attorney Andrew McGuire, had prepared this proposal whereby the proceeds obtained through the sale of unnecessary law enforcement equipment(vehicles and other equipment that might be authorized for sale) would go into a capital reserve account dedicated to provide for future capital needs. He added that this could mean either a start-up fund, should contracting for law enforcement be problematic in the future, or provide a police station for the Town's contracted officers should they move to the Town center modules. He noted that the point was to use the funds for capital police expenditures rather than putting them into the General Fund, as the monies were not targeted as a revenue source. Councilwoman Nicola provided additional justification for this proposal and noted that over the last 13 years, the Town had expended millions of dollars supporting the Marshal's department. She noted that the various sources for that funding and said that the Town was currently looking into selling 15 vehicles, some still in good condition, and expressed the opinion that sometime in the future, the Town might have to look at expending capital for police, such as a town center in the future, a police station, etc. She added the opinion that it was logical that monies that could be obtained from the sale of this equipment be used to fund projects such as that in the future. She explained that her point was that the monies were coming from capital expenses and should only be used for capital expenses in the future(not operating expenses). In response to a question from Councilman Archambault, Mr. McGuire stated that the proposal contained specific language pertaining to the fact that funds generated would be set aside for future capital needs and law enforcement equipment for the Fountain Hills Police Department. Councilman Archambault MOVED to approve Resolution 2003-37 and Councilman Melendez SECONDED the motion. Councilman Melendez stated the opinion that the proposal was a reasonable resolution and added that someday he believed the Town of Fountain Hills would have its own Police Department and it was wise to set aside some funding for purposes such as those listed in the report and by Councilwoman Nicola. He said that he would like the record to reflect that if this did occur and the Town did get its own Police Department, that the name "Marshal" never be used again and that the name "Police"be the only term that is used. Councilwoman Stevens asked Mr. Pickering if he had any idea the amount of money that might be generated from the current sale and he estimated that the amount would be below $50,000. He added that the vehicles would be inventoried and values would be placed on them. Phil Gaziano Mr. Gaziano, spoke on behalf of LEAP, and stated the opinion that if the assets were sold, part of those monies generated should be used to bridge the gap in the quality of life and standard of living that was going to happen in Fountain Hills as far as the amount of patrols and police presence on the streets. He spoke in support of increasing the number of posse members. He stressed the importance of enhanced, not decreased, police presence in Fountain Hills in order to maintain and enhance safety and the citizens'quality of life. John Turner Mr. Turner, representing the Fountain Hills Block Watch Alliance, spoke in support of the resolution and agreed that the monies should stay in Fountain Hills. He also suggested that fundraisers be planned in the future and the monies raised as a result of those activities be added to the account that is set up for the purposes outlined. Robert Wagner Mr. Wagner, Commander of the Fountain Hills Posse, stated that Sheriff Joe Arpaio had asked the Posse to increase Le their patrols, which they had done. He reported that they were now patrolling three times a day, not only in Fountain Hills but in Rio Verde and Tonto Verde as well, and noted that the members were putting in up to 15 E:\BBendenDocuments\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 16 of 25 6/27/2003 hours a day. He informed the Council that the posse was in desperate need of at least two late-model cars and radios as well in order to keep up with demands and provide the best possible service. He requested that they be allowed the opportunity to purchase the cars and radios at a very reasonable cost, and said it would be very much appreciated. He thanked the Council for considering their request. He noted that even if the Council donated the cars to the posse, they would still have to spend approximately $1,000 on each vehicle to perform necessary work and place their logos on them. Councilman Kavanagh stated that he would like to amend the motion and change the last section. Councilman Kavanagh MOVED to amend the motion to change the last section, which restricted the usage to the creation of the Town's own Police Department at some point in the future. He added that the intent could remain for police only and for capital expenses only, but should be allowed to be spent sooner so that if the Council or Staff so decided,the monies could be used for more immediate needs. Councilwoman Stevens SECONDED the motion. Councilwoman Nicola noted that the intent was to generate "seed" money and indicated that she would not support the proposed amendment. Councilman Archambault agreed with Councilwoman Nicola's comment and said that he would like the funds to remain in place and be increased so that one day they could be used to build a Police Department facility for the Town. Councilwoman Stevens spoke in support of the amendment and said that the monies could be used at the current time and would be used wisely. Mayor Nichols asked for a vote on the amendment. Lie A roll call vote was taken and reflected the following results: Mayor Nichols Nay Councilman Kavanagh Aye Councilwoman Stevens Aye Councilman Archambault Nay Vice Mayor Ralphe Nay Councilwoman Nicola Nay Councilman Melendez Nay MOTION FAILED BY MAJORITY VOTE(5 to 2). The Mayor then asked the Council to vote on the main motion. A roll call vote was taken and reflected the following results: Councilwoman Stevens Nay Councilwoman Nicola Aye Councilman Melendez Aye Vice Mayor Ralphe Aye Mayor Nichols Aye Councilman Kavanagh Nay Councilman Archambault Aye MOTION PASSED BY MAJORITY VOTE(5 TO 2). E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 17 of 25 6/27/2003 AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2003-27, ADOPTING THE 2003-04 BUDGET. Mayor Nichols stated that before discussion took place on this item, Councilman Melendez had asked if he could make a brief comment. Councilman Melendez took the opportunity to correct a statement that had appeared in the morning newspaper. His statement should have been, "He believed it was the responsibility of both the private sector and government to support community service organizations". He had offered the courtesy to the reporter who had agreed that Councilman Melendez could make this statement. Mr. Pickering reviewed his staff report and discussed the proposed changes to the budget. He said that staff was "looking for a number" with regard to funding the community groups and once that was in hand, he would make the appropriate adjustments to the budget. Councilwoman Stevens stated that if Mr. Pickering were "looking for a number," she would start things out and see where they wound up. She said that two years ago, the past Council made a commitment to the Boys & Girls Club for $250,000 and of that, they had given them $70,000 towards their capital projects and re-pledged that commitment at the beginning of last June. She added that a total of $180,000 was left. She proposed that the Council grant them $60,000 this year toward that capital improvement and also suggested that she would be supportive of allocating $60,000 next year and hoped the next Council would support the last $60,000 so that they could finally honor their commitment. She noted that she would like to start with that, $60,000 for their capital projects. For Senior Services operating capital and the community theater, she asked that they give Senior Services $20,000, the Boys & Girls Club operating, $30,000 and the Community Theater, $10,000. She expressed the opinion that the monies should get them through the first six months and encouraged them, with the help of the Town, to contact the Fort McDowell Indian Community to see if they could get some additional funds from Prop. 202. She asked Mr. Pickering if he needed this in the form of a motion and Mr. Pickering indicated that that would be very helpful. Councilwoman Stevens MOVED that they allocate capital for the Boys & Girls Club in the amount of$60,000; $20,000 for the Senior Services; $30,000 for the Boys &Girls Club operating costs and$10,000 for the Community Theater. She noted that the Town provided facilities to the Seniors (valued at $55,000 per year) and the Community Theater(valued at$83,000). Mayor Nichols stated that the MOTION FAILED for lack of a second. The Mayor then asked for another proposal. Councilman Melendez discussed a two-hour meeting the Council attended with members of Parks and Recreation and said he came out of that meeting with some new ideas. He stated that he wanted to share one of them that would be part of his motion that he felt the vitality of the downtown needed to be re-energized. He noted that one of the budgeted items for the 04-05 budget was a center, similar to an amphitheater, where concerts could be held which would allow people to come into Fountain Hills, buy food at the restaurants, and shop at the stores. He said that was something he took out of last night's meeting and made the following motion: Councilman Melendez MOVED to support the Fountain Hills community groups as follows: The Boys & Girls Club, $130,000, Senior Services $40,000, the community theater $15,000, tourism $12,000 and the Girl Scouts & miscellaneous $10,000, for a total of$207,000 and that this amount be moved over from the Parks & Recreation's budget request for three picnic ramadas. He added that the second part of the motion was that the Parks & Recreation budget be revised to reflect the installation of one ramada this fiscal year and that the performance pad be made available this year with a budget request of$183,558 to be moved from the 2004-05 budget to this year's budget of 2003-04. He added that the funding for the Parks and Recreation issues be moved over from impact fees and that$100,000 from the General Fund budget that had been saved also be used for these purposes. car Councilman Kavanagh requested that they just deal with the community groups first and Councilman Melendez agreed. Following a brief clarification, Councilman Kavanagh SECONDED THE MOTION. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 18 of 25 6/27/2003 Councilman Archambault asked where the monies would come from ($207,000). Councilman Melendez referred him to Page 1 of the Parks and Recreation budget and the monies set aside for the three small picnic ramadas in the amount of$209,000. Mr. Pickering responded to Councilman Kavanagh's comments reiterating that Staff was just looking for a number at this time and he would prefer make the adjustments necessary. He stated the opinion that klay he could get close to that figure. Mr. Pickering also commented on the tourism issue and said he had met with the Indian Community. They had asked that the Town submit a proposal for tourism. He said he felt comfortable that there was a strong possibility that there would be tourism funding. He said the one thing he would ask was that if Prop. 202 funding was provided within a reasonable time, the beginning of the year, that these dollars not also be provided by the Town in order to avoid duplication of funding. Councilman Kavanagh asked if they needed a new motion and Mr. Pickering said he thought the Council would need to amend it to include the wording about Prop. 202. Councilman Kavanagh said he would amend the motion but the Mayor commented that first he had to recognize Councilwoman Nicola. Councilwoman Nicola said she would like to make an amendment if she could where Councilman Melendez had stipulated$10,000 for the miscellaneous expenses. Councilwoman Nicola MOVED that Staff be directed to take advantage of the LTAF funds, which could double the$10,000 amount referred to by Councilman Melendez. She explained that it would take the $10,000 away from the Street Department but noted that State Statute provided the monies for matching funds so therefore they could match the grant and double the benefits to the groups. She asked the Council to consider an amendment that they put forth those LTAF funds as they had in the past. The Mayor asked if they had a second to the amendment. Mr. Pickering said he wanted to comment on the amendment. He said it was not his intent to dissuade the Council, Ly but there were a large number of street repairs that were going to be needed. He stressed the importance of keeping money available to complete the needed repairs. He said they weren't talking a lot of money,perhaps $8,000 or so, but said they needed even more money in the Street Department budget (not less) and he would not recommend taking any money out of that budget. Councilwoman Nicola clarified that the money (accounting had thought the amount of LTAF funds would be approximately $10,000) would come out of the Street Department budget because legally it had to, but it would be replaced. It would allow those smaller groups, the Boy Scouts, the Girl Scouts, etc. that had utilized those programs in the past to obtain those small grants and match them themselves and then they would be able to do more with the added funds. She noted that the Town Manager could move the figures around. Councilwoman Nicola requested that the Council offer these groups this benefit. Mr. Pickering reiterated that he was not trying to dissuade the Council but he didn't feel comfortable not having any of that research in front of him. The Mayor stated that he had a motion and asked if there was a second to the motion. Councilman Kavanagh asked if the motion was contingent upon whether the suggestion could be legally accomplished. Mr. Pickering clarified his concerns. He wanted confirmation that proceeding in that manner was the smart thing to do. He said he didn't know if it was based on possibly getting grants and questioned whether the monies would be put back into the Street Department's budget. He noted that answers would have to be researched. Councilman Kavanagh stated that what Councilwoman Nicola was essentially saying was they should take the $10,000 in this motion that was going to go in the General Fund and instead add it to the street funds so that they could then double it through LTAF funds. He added that they would not cut the Street Department's budget, but rather would "pump" the $10 grand into the street department so the funds could double. He questioned whether kow his clarification was correct and Councilwoman Nicola stated that it was. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 19 of 25 6/27/2003 Mr. Pickering stated he was unfamiliar with this program and reiterated that he still did not feel comfortable with proceeding in this manner. The Mayor said he had a motion on the floor and he was asking for a second. He requested that the Council hold Lor off on further discussion until he had a second or the motion died. Councilman Kavanagh again asked if the amendment was contingent on if it was possible to do what Councilwoman Nicola suggested. Councilwoman Nicola said yes. It was possible to do. Councilman Kavanagh SECONDED THE MOTION. Councilman Archambault asked if they were talking about adding $10,000 to the street fund to get a matching grant. Councilwoman Nicola said no. She expressed that the lottery was complicated and provided a brief explanation as to how the funds were allocated and distributed and their uses. She said the Town had done a lot of good things in the past with the funds and although they required some administrative work, they were worth it. She requested that if Councilman Melendez's motion passed, that in consideration of him offering up this $10,000 to the smaller groups,that they use this vehicle to allow the various groups to maximize it to their own benefit. Councilman Kavanagh said he thought they were going to bring it to LTAF and the government was going to match the amount and distribute the$20,000. He said he didn't remember that the groups had to match the money. Mr. Pickering questioned where the Town would get the extra money. Mayor Nichols said it was part of the motion,part of the $207,000. The Mayor said they had an amendment that had been seconded and called for a vote on the amendment. A roll call vote was taken with the following results: Councilman Melendez Aye Councilman Stevens Nay Vice Mayor Ralphe Nay Councilman Archambault Nay Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye The amendment passed BY MAJORITY VOTE(4 to 3). Discussion resumed on the main motion. Councilwoman Stevens commented that she had meant to "take the Tourism Council in the next bite" and hadn't meant to eliminate them. She said this was tough but they were doing it this year, they did it a little bit last year, and did it "big time" the year before. She asked what the long-term plan was for paying for the community benefit groups and did the Town intend to continually support them. She stated the opinion that Town's budget would not support that. She acknowledged that the voters had said the Town had to stretch the money and that the Town had made commitments that needed to be honored. She acknowledged there were a numerous groups in the community that would like money. She felt the Town should support Town departmental programs and noted there was only so much that the Town could do. The Town needed to start saving and watching the bottom line. She felt a policy was needed with regard to funding community groups. Councilman Melendez encouraged community groups to continue to reach out to organizations and foundations for funding. He agreed that the Town needed to develop a system that would bring Fountain Hills back into fiscal strength. He discussed the possibility Prop. 202 funding. He relayed a conversation he had held with Sheriff Arpaio. The result of that conversation was that Sheriff Arpaio was committed to helping Fountain Hills with the Prop. 202 funding process. Sheriff Arpaio had requested assistance from the Town Manager to arrange a meeting with the Indian Nation and appropriate council members. He suggested that the Town continue to put pressure on Sheriff Arpaio for his assistance. Mayor Nichols agreed with Councilwoman Stevens that the Town's funds needed to be conserved and that the Town needed to identify separate long-term consistent funding sources for the community benefits. He felt that the funding source had been identified but it would take between six and twelve months for the process to be complete. He acknowledged he had a meeting in July with the Fort McDowell tribe and he was working on setting something E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 20 of 25 6/27/2003 up with the Pima tribe. He felt the current motion was an interim action and did not see this coming back in the future due to this outside funding source. He supported this motion and pointed out that the Town did not completely support these community groups, only a portion. ,,, Councilman Archambault said that he was still not convinced where the monies were coming from and if the motion was that when they receive the Prop. 202 funds, that they be distributed to these groups, he could support that, but added that that was not what he was hearing. He said he believed he was hearing that they were going to pull monies from development funds to fund maybe one ramada or maybe none at all. He added that the point was they were there to represent all of the citizens and everyone contributed to the overall quality of the town. He said he agreed with Councilwoman Stevens and added that "being the boss" meant you can't always say the nice pleasant things that people want to hear. He emphasized the importance of making sure that the ship they were steering went in the direction it needed to go. He commented on staff cuts that were made in response to what the citizen had asked the Council to do. He stated that the Town could not continue to keep funding these kinds of items, important as they were, during tight budget years like this. He commented on the fact that employees were working harder and putting in longer hours and overtime because of the budget cuts. He had come to this meeting expecting to see that money had been saved and money could be given out because of the savings. He agreed the Prop. 202 funds needed to be looked at for a future funding source. He was still confused as there had been any cut answer given on where the money was coming from. The Mayor said that this represented an interim measure and he supported the motion. He also commented on the monies that had been saved ($100,000 in the Rural Metro contract, savings in the law enforcement area, a difference of approximately $45,000), etc. He said he was sure they would be able to identify another $50,000 if they looked closely enough and the monies would not affect the budget or the balance forward ($500,000). Councilman Archambault asked for confirmation. Mr. Pickering stated that the Mayor was correct but said he had asked for two things on the motion: One, not to clarify where the monies would come from (from the ramadas, from here to put there) because he intended to perform research and determine where the monies could come from. He said he also requested that an amendment be added to the motion relative to Prop. 202 and the fact that if Prop. 202 funding was received by January 1, 2004, that the Town not provide any funding. Councilwoman Nicola said her understanding was that all of the Prop. 202 funds would go through the Town anyway and that the Indian Communities were not going to directly distribute grant monies for items such as tourism, it all had to go through the Council. Mr. Pickering said that this was correct and added that his point was simply that he didn't want the groups to get"overfunded"with monies from Prop. 202 and the Town as well. Councilman Kavanagh agreed that the voters did send a message to reduce spending and the Town had done so, with the leanest budget in place now that he had seen in a long time. He spoke in strong regard for the work the various community groups carried out in and for the Town of Fountain Hills and the benefits that the Town received. He added that he did not believe that the voters said "no youth center and no more goodies for the seniors." He expressed confidence in the Town Manager's ability to identify funds to accomplish everyone's goals. Vice Mayor Ralphe said that she supported the motion for the$207,000 as an interim measure. She added that as a basic philosophy, she thought that government and taxpayer dollars ought to be focused strongly on basic government services such as police, fire, streets, etc. But said in addition to that, the Town had community groups that really enhanced the Town's quality of life and performed an excellent job. She discussed the importance of developing a long-term policy governing this issue and commented on the possibility of using impact fees for capital projects and improvements. She said she supported the motion but, as an interim measure and wanted staff to work toward the development of a permanent policy. Additional discussion ensued relative to Mr. Pickering's requests and he reiterated his request for an amendment to the motion to read that funding would be provided by the Town if Prop. 202 funds were not received by January 1, (06, 2004. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 21 of 25 6/27/2003 Councilman Kavanagh asked Mr. McGuire if the Town were to begin to dispense the funds on a proportionate basis, and if for example one third of those funds were dispensed and then Prop. 202 monies came forward, could the grant funding be structured in such a way that the funds would then be funded to the groups and the Town could receive credit for what they had already given the groups. Mr. McGuire said they could not answer questions like that because they didn't really know what 202 was going to do. Councilman Kavanagh suggested that the motion be amended to state that the Town would expect reimbursement of any Town funds distributed to the groups prior to the disbursement of Prop. 202 funds once Prop. 202 monies had been received. The Mayor said that he would like the Council to vote on the main motion originally offered by Councilman Melendez. He asked if anyone would like to make an amendment to the original motion. Councilman Archambault MOVED that the Town not distribute any monies until it could be determined whether the Town would receive Prop. 202 funds, no later than January 1s`. The Mayor announced that the amendment FAILED FOR LACK OF A SECOND. At this point in the meeting, the Mayor allowed speakers from the audience to present their comments (John O'Flynn, Senior Services; Rich Schultz, Boys & Girls Club; and Roxanne Boryczki, Tourism Council). They reiterated the need for their funding requests for their various organizations. Mr. Keye, Agate Knoll, also spoke and asked for an accounting of where the funds would come from. In response to a question from Councilman Archambault relative to whether the Town Manager could "find" $207,000, Mr. Pickering noted that $160,000 had already been identified and he would have to go through the budget closely to locate additional funding areas. He clarified that there was no excess "fluff" included in the budget. He said his goal was not to utilize the impact fees. Additional discussion ensued relative to "locating" the funds and the fact that development fees were not "off limits"and may in fact have to be used. Councilwoman Stevens noted that in his staff report, the Town Manager had indicated that funding from the Fire Department as well as the elimination of$87,000 for the Emergency Manager Coordinator's position might have to be used to fund the items. She expressed concerns regarding this and said that she was not willing to eliminate the $87,000 from the law enforcement budget. Councilwoman Nicola concurred with Councilwoman Stevens' comments and said that the position was an extremely important one. She added that it was not designated "officially" because the law enforcement budget was still somewhat fluid,but she anticipated that the position would be funded and filled this year. She said that that the Town had over-anticipated revenues and under-anticipated expenses and should avoid duplicating that mistake. She stated the opinion that the Council should stop talking about Proposition 202 monies until they knew exactly what it was they were talking about. Councilman Kavanagh stated that regardless of where the Town Manager "searched" for the funds, the bottom line was that development fees would have to be spent. He reiterated the opinion that no real problem existed in locating the necessary funding Vice Mayor Ralphe questioned whether there was $40,000 that the Council had not been taking into consideration and noted that at one time the administration budget contained monies for an undesignated staff person. She said it was now her understanding that this was no longer true and that the funds were no longer in there and requested confirmation of this fact from the Town Manager. She added that beyond that, in that line item, $15,000 had been transferred into the Downtown Economic Development area. She stated that the Town Manager had advised her today that there was still $40,000 in that line item for the undesignated person that was not going to be hired and asked the Town Manager whether those funds could be shifted over and used. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 22 of 25 6/27/2003 Mr. Pickering stated that approximately half of those funds had already been spent on administrative costs for animal control operations. He reiterated his intention, once the Council had provided him with a final number, to very closely go through the entire budget and identify funding from all areas that could be used for the purposes outlined by the members of the Council. He emphasized that he would try and stay away from the development fees because of his strong belief that they should not be used. Mayor Nichols commented that although the Town Manager might not support using development fees, they might have to be used to achieve the stated goals. He stated that was the call of the Council and not the Town Manager. He stressed the importance of utilizing those funds in order to avoid having to give them back to the developers. He added that the time might be appropriate, in view of the Town's extremely tight budget, to utilize some of those funds. Councilman Melendez said that he was comfortable at the beginning of the meeting when he made his motion and was even more comfortable now that amendments were being considered and accepted. He called for the question. The Town Clerk to restated the motion at the request of the Mayor. Councilwoman Nicola asked whether there was going to be any designation with the $130,000 as far as operating versus capital and stated the opinion that it might be prudent to put something in about that so the funds did not all go to operating or all to capital costs. Mr. Pickering advised that$80,000 had been designated for capital costs and $50,000 for operating costs. Councilman Archambault asked whether he had heard correctly that the Town Manager did not intend to cut any staff members and discussion occurred relative to the fact that the question had been called by Councilman Melendez. Mr. McGuire called a point of order noting that a call for the question to limit debate required a 3/a vote of the Council. The Mayor asked all those in favor of calling the question to do so by saying Aye. A 3/4 majority was not achieved. Councilman Archambault commented that he would like assurance from the Town Manager that staff positions, including the Safety Director, would not be eliminated in order to achieve funding goals. Mr. Pickering responded that he could not provide the Council with such an assurance since part of the funds that were being considered would come from the Police Department and those changes. He added that if a majority of the Council wanted development fees to be used instead, he would be happy to follow that direction and initiate whatever action they directed him to take. He asked that the direction be put in the form of a motion and added that then there would be no question about where the monies would come from. Councilman Melendez said that with all due respect to the Town Manager, he thought he and other members of the Council had made it very clear that they could use impact fees and said he did not understand why Mr. Pickering was opposed to using those fees to support some of the funding proposals. Mr. Pickering responded that he would carry out whatever direction the majority of the Council wished. Mayor Nichols MOVED that Staff be directed to identify monies for the purposes stated for the community service groups without affecting staff levels contained in the budget, possibly using impact fees if necessary, and that the position of the Emergency Manager Coordinator,contained in the resolution,be retained as well. Councilwoman Nicola SECONDED the amendment and a member requested that the question be called. The Council voted UNANIMOUSLY in support of calling the question. A roll call vote on the amendment was taken with the following results: Councilwoman Nicola Aye E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 23 of 25 6/27/2003 Councilman Archambault Aye Councilman Kavanagh Aye Councilwoman Stevens Nay Mayor Nichols Aye Councilman Melendez Aye Vice Mayor Ralphe Nay The motion CARRIED BY MAJORITY VOTE (5 to 2) with Councilwoman Stevens and Vice Mayor Ralphe voting Nay. Mayor Nichols stated that the Council should now vote on the main motion. MOTION CARRIED BY MAJORITY VOTE(6 to 1) with Councilwoman Stevens casting the Nay vote. Mayor Nichols then requested that the Council vote on Resolution 2003-27, adopting the 2003-04 Budget. Councilman Nicola MOVED to approve Resolution 2003-27, adopting the 2003-04 Budget and Councilman Archambault SECONDED the motion. MOTION CARRIED UNANIMOUSLY(7 to 0). AGENDA ITEM #12 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. Councilwoman Nicola MOVED that this agenda item be continued to a future meeting. Councilman Kavanagh stated that he would like to take this opportunity to offer suggestions for future agenda items. He recommended that at the next meeting or the one following that meeting, the Council discuss the future of citizen input on law enforcement issues specifically the role of LEAP. Councilwoman Nicola suggested that the issue be addressed at a Work Study Session and Councilman Archambault said that forum would work as well. Mayor Nichols stated that he had a motion on the floor to continue Agenda Item#12 and asked whether there was a second to that motion. Councilwoman Stevens SECONDED the motion. MOTION CARRIED BY MAJORITY VOTE (6 to 1) with Councilman Archambault voting Nay. AGENDA ITEM#13- CALL TO THE PUBLIC: Lyle Aklestad, 17219 Wren Mr. Aklestad requested clarification from the Council on an issue and explained that on May 1, 2003, he applied for a Special Use Permit on his property and his request was denied by the Council with a vote of 4 to 3. He stated that since that time he had spoken with the previous Mayor and several Councilmembers and indicated his willingness to purchase 12 feet of land in order to help achieve approval to expand his garage. He reported that the previous Mayor turned the issue over to Randy Harrel to review, a letter was sent to the Council with a copy to the Town Manager and Town Attorney regarding the matter, and at that point, the issue was dropped. He said he had called and spoken with several members of the Council and the Town Manager who indicated that the matter was basically "in hands." He commented that he was not trying to "pester" the Council or staff but believed that his request and his situation should be dealt with in a courteous, professional manner and requested that he receive a response to his proposal to purchase the land. Le Mayor Nichols indicated that the issue would be looked into and Staff would contact Mr. Aklestad within a reasonable amount of time. E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 24 of 25 6/27/2003 AGENDA ITEM#14- SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN MANAGER. Mr. Pickering indicated his intention to E-Mail the Council a list of requests that were provided during the meeting. The Council concurred with this arrangement. Ik AGENDA ITEM#15-ADJOURNMENT Councilman Archambault MOVED that the Council adjourn and Councilwoman Nicola SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 11:07 p.m. TOWN OF OUN IN HILLS By: a y N. ols, ayor ATTEST AND PREPARED BY: Bevelyn J. B `d Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held b the Town Council of Fountain Hills on the 19th day of June 2003. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of July 2003. */L'AMYri Bevelyn J. Bengr,town Lierk L E:\BBender\Documents\Current Minutes 2003\Regular and Executive Session 06-19-2003.doc Page 25 of 25 6/27/2003