HomeMy WebLinkAbout2003.0812.TCWSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK-STUDY SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
AUGUST 12,2003
Mayor Wally Nichols convened the work-study session at 4:35 p.m.
ROLL CALL—Present for the roll call were the following members of the Fountain Hills Town Council: Mayor
Wally Nichols; Vice Mayor Susan Ralphe; Councilmembers Michael Archambault, John Kavanagh, Rick
Melendez, Kathleen Nicola, and Leesa Stevens. Also present were Tim Pickering, Town Manager; Andrew
McGuire,Town Attorney; and Bev Bender,Town Clerk.
AGENDA ITEM#1 —PURSUANT TO A.R.S. §38-431-03.A.1 FOR DISCUSSION OR CONSIDERATION
OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL,
SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR
EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY
DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE
DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING.THE PUBLIC BODY SHALL
PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE
EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR
THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR
CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING (SPECIFICALLY, TO REVIEW THE
EVALUATIONS OF THE TOWN MANAGER AND THE MAGISTRATE JUDGE).
Councilwoman Leesa Stevens MOVED to convene the Executive Session; Councilman Mike Archambault
SECONDED the motion, which CARRIED UNANIMOUSLY. Tim Pickering and Bev Bender departed the
Executive Session at 5:10 p.m. Mayor Nichols recessed the Executive Session at 6:05 p.m.
AGENDA ITEM#2—RETURN TO WORK-STUDY SESSION
Mayor Nichols called the meeting to order at 6:07 p.m. Discussion was held on establishing a Public Safety
Commission.
Tim Pickering acknowledged the Council and discussed the need for background information on forming a Public
Safety Commission. He indicated that many cities throughout the state of Arizona and California had been
contacted with only three of those contacted in Arizona with Public Safety Commissions —Chandler, Bisbee, and
Casa Grande. Each of these Commissions was initiated due to problems in their Police Department. Mr. Pickering
noted the two success factors to consider in determining whether or not to initiate a Commission are: (1) who
should serve on the Commission, and (2) what responsibilities the Commission should hold. He recommended a
thorough discussion on what the objective of the Commission should be, leading to the wording of the upcoming
Resolution.
Mayor Nichols noted the need for the work-study session to establish objectives for the Commission and to
consider the Town Manager's vision.
Councilman Melendez noted that Resolution 2003-16, Section 5, stated that the Town Manager was authorized
and directed to take all steps necessary for presenting to the Town Council with information on formation of this
Citizens Public Safety Commission. It was Councilman Melendez's opinion that Mr. Pickering should have been
prepared with a plan for approval by the Town Council.
Mr. Pickering indicated that he had heard many varied objectives from council members for this Commission and
L . that he would first like to obtain feedback for the development of a plan in line with the proper objectives.
Councilman Melendez explained the long-term need for a Commission for the rapidly growing and changing
community in terms of dealing with public safety. He urged the council members to take action immediately and
appoint that Commission on the Planning & Zoning Commission level where it had strength and could deliver
carinstruction to the agencies to be affected.
Councilwoman Kathleen Nicola indicated that she felt the Commission had nothing to do with disciplinary action,
and it was not a legislative body that made policy. She envisioned the Commission as an Advisory Board to the
Council and a safe sounding board for the citizens. She felt that the Commission should not be responsible for
determining how law enforcement, fire, and EMS should be provided, and what contractors should be providing
it. Monitoring those contracts should be left to employees of the Town of Fountain Hills. The Commission should
be active in facilitating Neighborhood Block Watch, enforcement issues, and citizen concerns. It should be a solid
group of citizens to back up a public safety director/emergency management coordinator to alleviate certain staff
member burdens.
Councilman Archambault agreed with Nicola and noted Page 3 of the Bisbee Ordinance, 03-10 (E), and also
noted his vision for the community.
Councilwoman Leesa Stevens agreed with both Councilmembers Nicola and Archambault, indicating that citizen
input on these subjects was important, such as changing the speed limit on Fountain Hills Blvd. or on the subject
of homeland security. She also urged that the Council move not so "quickly" as "correctly" and fine-tune its
recommendations.
Councilwoman Nicola asked Town Attorney Andrew McGuire if the Council, because of the wording of the
agenda, could discuss how he felt a Public Safety Commission might interact with the other agencies in Fountain
Hills.
Attorney McGuire responded that the Council could discuss how this commission would interact with other
organizations. He stated that the budgetary impact of this matter was a very important factor to consider.
Mayor Nichols indicated that advisory commissions in Fountain Hills provided good public benefit and that it was
important to enlist an organized body in a formalized process with the Town Council. Public safety was a very
sensitive issue for the Town of Fountain Hills, and an advisory commission must be created to work with the
Town Council in a highly organized fashion. He added that it should be an advisory commission as opposed to a
citizen review board to review police actions.
Councilwoman Nicola felt that it was the Town Council's primary duty to provide public safety, with education
and prevention also key issues.
Attorney McGuire reminded the Council to consider the unique status of contracted services in Fountain Hills.
Under these contracts, the Town had limited direction/control over the ways and means in which a contract was
carried out. The more effort exerted as a Town to direct these contractors,the more the Town was taken out of the
"independent contractor" relationship and placed into the "employer" position. It was then critical for the
Commission to understand that the seven policymakers may not implement the advice they were given. The lack
of power and authority in planning & zoning was sometimes frustrating for the P&Z Commission. It was a
concern and danger for this type of Commission also, knowing that in addition to the limited scope that they had,
there was also a limited scope of contract authority.
Councilman Kavanagh suggested that it would be extremely remiss to override traffic experts' recommendations
on roads and speed limits. These duties must be defined very carefully, and the public emergency coordinators
(when appointed) would need to be heavily involved. Councilman Kavanagh also discussed the need for specific
requirements for individuals serving on the Commission.
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Councilwoman Nicola suggested that if a fire district was created, the Public Safety Commission could interact
with departments to assess community concerns but would not dictate their actions.
Councilman Kavanagh felt that would present a protocol problem He suggested that the Law Enforcement
Advisory Panel (LEAP)resume their role until the fire issue was completed.
1` Councilwoman Nicola indicated that the Commission could possibly serve the role of assisting in the hiring of
�r someone to this position. She noted a need in the Community for more connection between government bodies
and the citizens.
Tim Pickering indicated that it would be his responsibility to hire. Councilwoman Nicola commented that was
true unless the Town Council changed that responsibility.
Councilman Rick Melendez stated that on March 8, 1999,LEAP was formulated. He suggested that due to federal
funding grants no longer received, LEAP essentially did not exist at this time. He suggested that the Council take
the valuable information obtained from LEAP and continue toward the next level.
Vice Mayor Susan Ralphe echoed comments in favor of an advisory standing commission but questioned how
these issues would be discussed,through conversations with staff,public,or only with the Council?
Councilwoman Leesa Stevens pointed out that when the Community Center Director position was initiated, staff
took on the process, and it was fine-tuned by choosing the best information from all ideas presented. She
indicated a preference for a committee of seven, i.e., choosing the seven best people not only with or without
law/fire experience—but those who could educate themselves and were interested in the issues at hand.
Councilman Kavanagh indicated that he had not implied that individuals must be a policeman or a fireman to be
on the Commission. He implied that problems would exist if at least one person were not a policeman and one
person were not a fireman, to provide accurate input. He asked if LEAP currently existed.
Attorney McGuire indicated that LEAP had not been an officially appointed subcommittee of the Council,though
it was organized the same today as it was originally. He indicated that the reason for the formation of LEAP and
the demise of the Marshals Department were related - but distinctive. By going to contract services that did not
affect the existence of LEAP.
Mayor Nichols reiterated that LEAP was an independent citizen group.
Councilwoman Nicola noted the public confusion involved between the formation of a legislative body (required
to take minutes, etc.) and a group of citizens (designed to affect change). Thus, she noted, was the need for the
Commission.
Councilman Archambault read and discussed Resolution 2006-16, Section 4. He was under the impression that
the Council was searching for a Public Safety Director, someone to oversee that Commission and to report to the
Council.
Councilwoman Stevens agreed that there was difficulty in discussing a "subject" when you could not discuss the
"position".
Attorney McGuire noted that a discussion on necessary staff to serve the Commission was acceptable, but it was a
different scenario to discuss what that position entailed.
Councilman Melendez provided a copy of the Memorandum of Understanding establishing LEAP to Mr.
McGuire. Councilman Melendez stated the opinion that he did not believe that LEAP existed.
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Councilman Kavanagh felt that the most critical part of the discussion was the wording of the responsibilities. He
suggested more input from other Maricopa County towns.
Councilwoman Nicola noted that, compared to other towns, Fountain Hills was missing a police chief and a fire
chief,dedicated municipal employees who reported to the Town Manager; hence,the reason why the continuity of
a Commission was necessary to move forward.
Councilman Melendez indicated that Scottsdale used a Police Advisory Board, citizens who provided input to the
police chief on issues in the community.
Councilwoman Nicola noted that in the past the School Board had had a non-voting Fort McDowell community
member,which bridged the community gap and suggested that as an option for the Commission.
Councilwoman Stevens suggested that LEAP still existed and asked for an opinion from Attorney McGuire who
stated that he would report back to the Council at the next meeting.
Mayor Nichols requested that Mr. Pickering suggest a specific plan of action comparable to Bisbee's "Powers &
Duties",being careful not to overstep what the Town Manager and Town Council were responsible for.
Councilman Kavanagh indicated that Fountain Hills did have a permanently assigned, full-time police captain as
well as access to a fire chief. He brought up the liability issue of the Commission suggesting a change in
procedure that might not be carried out by the Town Council. He questioned if that could be grounds for a
lawsuit against the Town.
Attorney McGuire acknowledged the possibility of a lawsuit but reiterated the real issue being whether or not
liability was increased by having a Commission, which provided an opinion contrary to what the Council or
Council's experts think. Attorney McGuire believed that the existence of an advisory committee changed the
�r ultimate liability of the Town. The decision of the Council should always be based on sound expert advice,
11I�rr whether that would be in regard to fire fighting or road building. A jury could hear a hypothetical case; however,
the best step the Town should take was to defend themselves with professional opinions. When contractors were
hired, they were not told specifically how to perform their jobs in the most effective manner. Their expertise was
required, and advice should not be given from unqualified sources.
Councilman Kavanagh suggested that the bottom line of this topic was to define the responsibilities so that the
Commission did not give advice in areas in which they were not qualified.
Attorney McGuire suggested keeping Commission responsibilities to neighborhood policing, crime prevention,
etc. No specific direction to the contracts maintained by independent contractors should be given. It was essential
that the kinds of things left up to the Town's discretion based upon contractual relationships were limited, so they
should begin with that scope and move downward to determine the responsibilities of the Commission.
Mayor Nichols pointed out that the Parks &Recreation Commission dealt with sensitive issues such as where the
skate park should be located.
Councilwoman Nicola supported an ongoing standing committee to maintain consistency during times of change.
Councilman Archambault suggested that the Commission take charge from the Town Council to avoid lawsuits.
Councilman Melendez noted that with the formation of the Commission, the ultimate responsibility of the
administering contracts was with the Town Manager. He also acknowledged LEAP for its many safety
improvements in the Community.
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Attorney McGuire reiterated that LEAP was not a formal committee or commission of the Council. It was formed
independently by a group via a method similar to the Chamber of Commerce's formation. LEAP was advisory
only and had no formal authority. It was not a public body, did not take minutes, and did not recognize the Open
Meeting Law. It was similar to the Chiefs Committee in Scottsdale, as it was initiated and facilitated by the chief
at the time. McGuire's opinion was that LEAP's existence had nothing to do with the Town's existence regarding
grants. The officially appointed Commission discussed at this meeting was different, having a very narrow focus
and set of responsibilities. Hopefully, it would be the sounding board to take information to the Town Council.
Councilwoman Nicola agreed with Mr. McGuire and suggested that LEAP members apply to serve on the
Commission as well.
Mayor Nichols asked Mr. Pickering if he had gleaned sufficient information from the meeting to compile a draft
of duties and responsibilities of the proposed Commission. Mr. Pickering responded affirmatively, reiterating the
common desire for a public sounding board. He would provide a researched document at the October 14 work
session.
Councilwoman Stevens suggested that Mr. Pickering research how to make the Community better as opposed to
only solving citizen problems.
Councilman Archambault suggested another work-session to discuss the subject of personnel.
Councilwoman Nicola suggested meeting prior to October 14 to further discuss the Commission. She also
suggested that the Commission be charged with the responsibility of working on community-wide issues, i.e.,
policy regarding speed humps.
Attorney McGuire indicated that those issues should come directly to the Town Council and might be redirected
to our independent contractors. The scope of the new Commission would be similar to the Planning & Zoning
Commission, with specific items being brought to the attention of the Town Council. He indicated that it might
4160, take more than two weeks to research the needed information on the Commission. Captain Scott Penrose
(MCSO) offered support to any group appointed by the Town Council and Town Manager that could aid the
Community and offered Mr. Pickering his assistance to locate projects and success stories for the Council.
Councilman Archambault MOVED to adjourned the meeting. The motio was SECONDED by Councilwoman
Stevens and CARRIED unanimously. The meeting was adjourned at 7:3m.
TOWN/0 UNT IN HILLS
By: i- z.,-Z Z.
W.J. cht 1 , yor
ATTEST AND
PREPARED BY:
Bevelyn J. B de own Clerk
CERTIFICATION:
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work-Study Meeting
held by the Town Council of Fountain Hills on the 12th day of August 2003. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 4th day of September 2003.
By:
Bevelyn J. Be er, wn Clerk
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