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HomeMy WebLinkAbout2005.0602.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 2, 2005
Mayor Nichols called the meeting to order at 5:30 p.m.
AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38-
431.03.A.1 FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT,
APPOINTMENT, PROMOTION, DEMOTION DISMISSAL SLARIES, 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 NO 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, COMMUNITY
CENTER ADVISORY COMMISSION CANDIDATES'INTERVIEWS.)
Councilman Schlum MOVED to convene the Executive Session and Councilman McMahan SECONDED
the motion, which CARRIED UNANIMOUSLY by those present(5-0).
Mayor Nichols recessed the Executive Session at 6:05 p.m.
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Cantor Howard
Tabaknek of Temple Beth Hagivot,roll call was taken.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Archambault, Mayor Nichols, Councilman Kehe, Councilman Schlum, and Councilman
McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, and Recording Secretary
Janice Baxter were also present. Councilman Kavanagh was absent.
SCHEDULED PUBLIC APPEARANCE/PRESENTATION
(i) Town Manager Tim Pickering introduced the Town's new Fire Chief,Scott LaGreca.
MR. PICKERING stated that following an extensive nation-wide search, he was pleased to introduce
Fountain Hills new Fire Chief, SCOTT LAGRECA. He explained that Rural Metro actually was the contract
that hires the chiefs,but they were good enough to allow him and other members of staff,to participate in the
hiring process/interviews. He said that they had over 40 applicants from as far away as Florida but they
didn't have to look too far because they had a great applicant with great experience already in Fountain Hills.
CHIEF LAGRECA addressed the members of the Council stated that this was obviously a bittersweet
evening for him and the Council,but nonetheless, he would like to thank Mr. Pickering for providing him the
opportunity to come back to Fountain Hills and serve the citizens of the community in the capacity of Fire
Chief. He stated that he looked forward to all of the opportunities ahead and pledged to the Council and the
community that he would do his best to ensure that the Town had the best public safety agency possible. He
Le reiterated his appreciation for the appointment.
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MAYOR NICHOLS said that they were proud to have the Chief back representing fire services for the Town
of Fountain Hills.
Mr. Pickering stated that he was also pleased to announce the hiring of another specialist for the Town,
MEGAN GRIEGO, the Town's Economic Development Specialist, and noted that she would concentrate her
efforts on the downtown area. He advised that she previously served as the Downtown Coordinator in
Buckeye.
MS GRIEGO addressed the members of the Council and stated that she lived in Avondale, approximately
one-hour away. She said that she was very excited about her appointment and brought with her energy and
enthusiasm for the position. She noted that she had already met a number of the downtown business owners
and colleagues and looked forward to serving in her new capacity.
MAYOR NICHOLS welcomed Ms. Griego to the Town of Fountain Hills and wished her success in her new
position.
CALL TO THE PUBLIC
DR. ROD OWEN, 3501 N. Scottsdale Road, a diagnostic radiologist with Southwest Diagnostic Imaging, a
group of radiologists who cover the Phoenix metropolitan area and Scottsdale, and said that there was a
developing consortium of physicians and physical rehabilitation groups, that were very interested in
developing a medical campus in Fountain Hills. He stated that they had been working with realtors in an
effort to locate a site for the development of a medical campus that would, at the beginning, start out with
primary care physicians (somewhere between two and five, with their therapists) as well as diagnostic
imaging. He advised that Scottsdale Medical Imaging was a practice in Scottsdale utilized by many citizens
of Fountain Hills. He reported that surveys they had conducted indicated that citizens wanted to have a
facility open in the Town and said that a significant need existed and they were willing to invest
appropriately to meet that need.
DR. OWEN added that there was also a physical rehabilitation group that was also committed to provide
significant services to the residents of Fountain Hills. He said that this loosely forming consortium of
physicians were presently looking for a site on which to conduct a medical campus. He explained that they
wanted to come before the Council to find out whether the Town owned any land that would be suitable for
this type of project and/or whether there were properties being condemned or under consideration for future
condemnation. He requested that the Town provide any assistance possible and urged them to provide input
regarding the campus. He thanked the Council for the opportunity to address them.
MAYOR NICHOLS thanked Dr. Owen for his presentation and said that he would instruct the Town
Manager to discuss his comments with staff and get back to him at a later point in time. He added that they
were very excited about having new businesses such as the one the Doctor described come to Town and said
they would see whether they could meet some of their needs.
SHARON REYNOLDS DILKS, Plaza Fountainside, 671 Highway 179, Sedona, AZ, addressed the Council
and stated that she was one of the owners of Plaza Fountainside. She said it was her understanding that there
was a shared parking agreement with the Town as far as the usable floor area of restaurant space that could
be developed within the project. She advised that it stated "any expansion of the amount of square footage
dedicated to restaurant use would require a re-negotiation with the Town, approved by the own C=Iiincil,
and that the re-negotiation could occur at a future date after all of the projects ar _ lanne ark
t-rovements are made and if they can show that unutilized parking exists." She explain.:..., at there were
gently three restaurants that wanted to lease space at Plaza Fountainside and said that iirent Mallonee,
with Grubb and Ellis, would also speak on this item, and provide the Council with the particulars regarding
this issue. She commented on her extensive background in property management and said that she managed
four shopping centers in Sedona as well as El Pedregal in Scottsdale in addition to Plaza Fountainside. She
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stated that she realized that one of the problems they had since purchasing the latter property two years ago.
was that they desperately needed another anchor tenant. She noted that at the current time they had two
medical doctors and in two weeks they would have a third and part of the reason they were experiencing
difficulty attracting retail tenants was they did not have the necessary anchors.
MS. DILKS said that the owners had done their best to contribute to the public art and special community
events, but the tenants had been struggling since the center's inception, which added to the frustration of the
owners. She stated that last year they met with Dana Burkhardt who assured them that they could put in a
small restaurant, and then when they met with Planning & Zoning a while ago, they brought up the fact that
the parking agreement existed. She requested that they expedite the process to determine what the maximum
square footage was for restaurants that could go in right now. She added that they previously said that when
the next project was completed you would have a better idea and she believed that they now know what was
being built. She said that since they had determined what improvements they would be making at the park,
she felt that the time was appropriate to ask that they look at what could be done at her location. She stated
that if there were something they could do in order to obtain a variance, they would like to proceed with that.
She advised that there were restaurants "ready to go" and it would be great to get them developed through the
summer so they were open for the fall season.
MS. DILKS commented on the beauty of Plaza Fountainside with its significant attributes and public art but
said they would continue to have a leasing problem without the addition of another restaurant that would add
strength to the center. She indicated their willingness to work with the City and thanked them for their
consideration.
MAYOR Nichols requested that Mr. Pickering and his staff look into this matter in an expeditious manner.
BRENT MALLONEE with Grubb & Ellis, speaking on behalf of Plaza Fountainside, addressed the Council
and said his company has done the leasing for Ms. Dilks and the other owners of Plaza Fountainside. He
commented on the high quality tenants they were seeking for this project and what they could add to the
center as well as the entire Town. He advised that they were currently working with a restaurant group
whose managing principal had over 20 years of management experience in the restaurant industry and
represented a group of investors with a significant financial net worth. He noted that they were interested in
putting in a significant amount of capital improvements into the property and were seeking to establish a
first-class restaurant in Fountain Hills. He added that they were interested in providing valet parking and
serving dinner only with high-end items. He said that this must be considered when determining the parking
situation and stated that there was not going to be an all day traffic flow, it would be open in the evening, and
thereby lessen the impact on the parking situation as well. He urged the Council to consider their request.
MAYOR NICHOLS thanked the speaker for their comments.
CONSENT AGENDA
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM MAY 5TH AND MAY 17TH.
AGENDA ITEM#2—CONSIDERATION OF RESOLUTION 2005-33,AUTHORIZING THE TOWN
MANAGER TO ACT AS THE APPLICANT AGENT FOR THE TOWN OF FOUNTAIN HILLS
WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR
REIMBURSEMENT OF FUNDS.
AGENDA ITEM#3—CONSIDERATION OF RESOLUTION 2005-38,ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 603C,
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BLOCK 24 (12243 TWIN DEER RUN) AS RECORDED IN BOOK 161 OF MAPS, PAGE 43,
RECORDS OF MARICOPA COUNTY,ARIZONA,WITH STIPULATIONS. EA05-11 (BALDWIN).
AGENDA ITEM#4—CONSIDERATION OF RESOLUTION 2005-39,ABANDONING WHATEVER '141)
RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 603A,
BLOCK 5,LOT 7 (15516 E.SYCAMORE DRIVE)AS RECORDED IN BOOK 196 OF MAPS, PAGE
28,RECORDS OF MARICOPA COUNTY,ARIZONA. EA05-12(HARDS).
AGENDA ITEM#5—CONSIDERATION OF RESOLUTION 2005-40,ABANDONING WHATEVER
RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 111,
BLOCK 9, LOT 8 (16257 E. HYDE PARK DRIVE) AS RECORDED IN BOOK 150 OF MAPS,
PAGE 12,RECORDS OF MARICOPA COUNTY,ARIZONA. EA05-13(BENDER).
AGENDA ITEM #6 — CONSIDERATION OF ORDINANCE 05-04, AMENDING THE TOWN
CODE, CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-3-4, POSTING NOTICE OF
MEETINGS, SUBSECTION (C) TO REFLECT THE NEW ADDRESS OF THE FOUNTAIN HILLS
TOWN HALL.
AGENDA ITEM #7 — CONSIDERATION OF APPROVING THE AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND THE SCOTTSDALE CONVENTION & VISITOR BUREAU
IN THE AMOUNT OF$40,000.
AGENDA ITEM #8 — CONSIDERATION OF APPROVING AN AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND BLACK BOX NET SERVICES FOR INSTALLATION OF
WIRING IN THE CIVIC CENTER II PROJECT.
AGENDA ITEM #9 — CONSIDERATION OF APPROVING A THIRD AMENDMENT TO THE
HOLDER CONSTRUCTION CONTRACT FOR THE CIVIC CENTER II PROJECT FOR
PROPOSED CHANGE ORDERS REVISING THE GUARANTEED MAXIMUM PRICE.
AGENDA ITEM#10— CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE
"TUSCANY AT CAMBRIA CONDOMINIUMS," A 2-UNIT CONDOMINIUM PROJECT,
LOCATED AT 13645 E. CAMBRIA DRIVE, AKA PLAT 102, BLOCK 4, LOT 6. CASE NUMBER
S2005-04.
AGENDA ITEM #11 — CONSIDERATION OF RESOLUTION 2005-37, ABANDONING THE
FINAL REPLAT FOR THE J & J PROPERTIES CONDOMINIUMS, A 2-UNIT CONDOMINIUM
LOCATED AT 16312 E. DESERT SAGE DRIVE. UNITS A & B AND REVERTING BACK TO
THE ORIGINAL FINAL PLAT 206,BLOCK 1,LOT 27. CASE#2005-05.
AGENDA ITEM#12—CONSIDERATION OF THE FINAL PLAT FOR"PALATIAL ESTATES,"A
19-LOT SINGLE-FAMILY SUBDIVISION, LOCATED NORTH OF SHEA BOULEVARD
BETWEEN PALISADES BOULEVARD AND FOUNTAIN HILLS BOULEVARD.
Councilman McMahan MOVED and Councilman Kehe SECONDED a motion to APPROVE THE
CONSENT AGENDA.
A roll call vote was taken with the following results:
Mayor Nichols Aye
Councilman Kavanagh Absent
Councilman Schlum Aye
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Councilman Kehe Aye
Councilman McMahan Aye
kw Councilman Archambault Aye
The motion CARRIED UNANIMOUSLY by those present(5-0)
ACTION AGENDA
AGENDA ITEM #13 — CONSIDERATION OF RESOLUTION 2005-34, REPEALING
RESOLUTION 2004-32 AND AMENDING THE PAY RANGES FOR EMPLOYEES OF THE
TOWN OF FOUNTAIN HILLS.
Town Manager Tim Pickering said that JOAN MCINTOSH, the Town's Human Resources Administrator
would highlight a brief presentation on this agenda item. He explained that this was something that the
Town did every year and added that it was included in the upcoming budget that the Council would consider
later on this evening.
MS. MCINTOSH noted that the Council packets contained a copy of the proposed pay plan for the new
fiscal year. She stated that last year the pay plan received a major overhaul and consequently this year there
were minor changes compared to the previous fiscal year. She advised that none of the salary ranges were
lowered and a majority of them were raised according to research she conducted (resource list was attached
to the Council Report). She said she would be happy to answer any questions the Council might have
regarding the proposed pay plan.
COUNCILMAN ARCHAMBAULT thanked Ms. McIntosh for the effort she put forth but said he still had to
raise the same concerns he raised last year. He stated that although the plan did not specifically address
anyone's pay, because that was the Town Manager's area, it was the Council's responsibility to look at the
pay ranges. He said that he for one would like to make sure that the Town of Fountain Hills was competitive
with the rest of the Valley. He commented on the research conducted by Ms. McIntosh and said that prior to
approving it, he would like to see what the ranges would look like if they used just the Valley. He explained
that that was where they were "pulling" the employees from and stressed the importance of being
competitive in this area. He added that smaller municipalities such as Winslow,Kingman, and other outlying
areas were going to have pay plans that were out of balance for this particular area.
MS. MCINTOSH advised that she would be happy to provide that information but expressed the opinion that
doing so would skew the ranges for any surveys that municipalities would include the Town in the future
because they did not do it that way. She referred to the memo and said that at the bottom of the first page she
included some of the surrounding larger cities with which the Town remained competitive. She added that
she gave as an example some of the hard to recruit positions that they had this past year in Building Safety
and noted that many of the maximum amounts for those pay ranges were higher than they were in Scottsdale,
Phoenix and Mesa, the three cities that immediately surround the Town. She stated the opinion that they
were very competitive in those areas although perhaps not as competitive at the upper management level but
they were not comparing "apples to apples" for those positions because the larger cities at the Assistant
Director level had much larger departments to supervise and carried out more responsibilities. She reiterated
that for the non-exempt positions,the Town was competitive in the Metro-Phoenix area.
COUNCILMAN ARCHAMBAULT commented that he could understand what Ms. McIntosh was saying
but as an employer himself he understood how competitive he had to be just in the cabinet business in trying
to recruit workers to come to Fountain Hills. He added that the Town did have certain benefits to offer,
namely potential employees would travel in the opposite direction of traffic in the mornings and evenings as
well as other benefits. He said that he reviewed the hourly wages and 48% had no increase at all or had such
a minute increase that it didn't really amount to anything, as opposed to the salary ranges where 7 out of 25
had no increases or had such a minute increase that it didn't make any difference and that was only 25%. He
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stated that with the smaller salary ranges, they were looking for a broader work base. He said that he wou:':9
like to see what the range was for the Valley area because he thought it was "off." Iiii)
COUNCILMAN KEHE advised that generally salary was one of the main features in working f
community and added that pay was what puts food on the table. He stated that he understood that they
very competitive with the larger cities except for upper management and yet the Town had experienced s
recent changes in positions in at least mid-management. He said that he wanted to make sure that the Town
was competitive in two ways, (1) in salary, and (2) benefits. He commented that they had not discussed
benefits and requested that Ms. McIntosh elaborate on this area.
MS. MCINTOSH informed the Council that the Town of Fountain Hills has a very attractive benefit package
and pointed out that the Town currently pays 100% of the premiums for employees for health and dental
insurance and 50% of the coverage for any dependent coverage the employee might have. She said that they
also offer a life insurance policy equal to one times employees' salaries (premiums paid at 100%) as well as
long-term disability insurance that the Town also pays 100% of the premiums on. She added that they also
have supplemental life insurance and advised that if employees chose to select that, the premiums were paid
out of their own check. She noted that the Town's retirement plan was very generous and popular with
employees and stated that they did not contribute to Social Security but instead had a mandatory 401A
retirement plan where the employees contribute 11% of their gross pay, pre-tax dollars, and the Town
matched it dollar for dollar (providing employees with 100% return on their money). She pointed out that
after five years of service, employees were 100% vested in the Town's contributions. She said that if they
compared that to other municipalities, along with the other benefits, it was easy to see that the Town had a
very good benefit package and one that attracted employees.
MAYOR NICHOLS commented that during the year Ms. McIntosh did a mock comparison of the positions
and asked whether any of the market rates indicated that the salaries should have gone down. Ms. McIntosh
‘,....)
indicated that they did not and added that they had 57 titles within the Town and there were 8 titles that went
down in the salary range but salaries were not reduced. She added that out of the 57 titles, 39 of them
increased.
COUNCILMAN ARCHAMBAULT asked how old the data was and Ms. McIntosh advised that the
resources she listed on the first page of the memo showed that there were six different resources. She said
that when she goes onto an employer's website, for example Scottsdale's, and looked at their salary ranges,
that information was current. She noted that the January 2005 League of Arizona Cities & Towns' salary
survey, which was one of the major resources she uses, contains salary ranges as of October 2004. She said
that as of July Pt some of the salary ranges might change as Fountain Hills' ranges did and they would have
to catch up to them next year. She added that in order to stay competitive with that they kept in mind that
even though there was a minimum to the salary range, they did not have to hire at the minimum. They
reviewed the applicants' qualifications, years of experience,etc. when deciding upon a salary level.
COUNCILMAN ARCHAMBAULT questioned whether this basis was used for every Town employee and
Ms. McIntosh stated that the Council in the past had handled the glary ranges for positions such as the Town
Attorney,the Town Magistrates,etc. (contract employees).
MAYOR NICHOLS commented that the sources were exactly the same and the survey put out by the
Arizona League of Cities &Towns was the basis for those salaries as well.
COUNCILMAN ARCHAMBAULT asked whether the basis for the Town's population was considered or
the Valley. MAYOR NICHOLS responded that they based decisions on the size of the Town.
There being no additional comments,the Mayor called for a motion.
'410111)
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Councilman Schlum MOVED to approve Resolution 2005-34, repealing Resolution 2004-32 and amending
the pay ranges for employees for the Town of Fountain Hills. Councilman McMahan SECONDED the
motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED BY MAJORITY VOTE by those present (4-1) with COUNCILMAN
ARCHAMBAULT voting no.
AGENDA ITEM #14 — CONSIDERATION OF INITIATING A TEXT AMENDMENT TO THE
ZONING ORDINANCE TO MODIFY THE MAXIMUM 200-FOOT BUILDING LENGTH
LIMITATION IN MULTI-FAMILY ZONING DISTRICTS.
Mr. Pickering advised that RICHARD TURNER, the Town's Planning & Zoning Administrator would
provide an overview of this issue. He noted that this was strictly about a text amendment, not about a
particular zoning case in front of the Town.
MR. TURNER stated that on April 7th, the Town Council acted to continue the consideration of a Special
Use Permit application for a nursing care facility "until such time as staff brought back the results of their
analysis of whether or not an amendment to the Zoning Code was appropriate for Council discussion and
consideration." He explained that the request included a building that exceeded the 200-foot maximum
building length limit in multi-family buildings. He said that during the Call to the Public, the applicant's
representative asked for a continuance on the hearing for the Special Use Permit and asked the Town to look
into amending the Zoning Ordinance to clarify the 200-foot building length limit and that was the reason the
Council continued the request. He noted that the current Zoning Ordinance limits any building in multi-
family zoning to 200-feet in length per an amendment to the Ordinance that took place on July 20,2005.
MR. TURNER pointed out that staff had listed some of the longer buildings in Town on a chart attached to
the Staff Report and noted that a couple of the buildings were non-residential buildings in multi-family
zoning. He said that staff checked with six other jurisdictions to find out whether they limited building
length in multiple-family zoning and none of the ones contacted had that particular limitation in place. He
informed the Council that there were reasons for placing a 200-foot limit on multiple-family buildings in
multiple-family zoning — firefighting was easier, access was easier and the bulk of the buildings were
reduced. He added, however, that a 200-foot limit on other types of non-residential buildings in multi-family
zoning did not make as much sense. He said that here they were talking about special design considerations
for buildings such as churches that might have large congregations and needed large sanctuaries. He added
that school buildings that might have functions that required auditoriums also fell into this category because
the buildings were longer than 200 feet and nursing homes as well.
MR. TURNER stated that staff recommended that the Council initiate an amendment to the Zoning
Ordinance to remove the non-residential buildings from the 200-foot length limit. He said that the suggested
language for doing so was included in the Staff Report.
MAYOR NICHOLS commented that he would entertain a motion to approve a Text Amendment to the
Zoning Ordinance.
Councilman McMahan MOVED to initiate a Text Amendment to the Zoning Ordinance to modify the
maximum 200-foot building length limitation in multi-family zoning districts. Councilman McMahan
SECONDED the motion for discussion purposes.
COUNCILMAN KEHE stated that there were a number of buildings already located in residential areas that
wr were over the 200-foot limit and emphasized that this was just a text amendment, a change to the wording
only, and did not apply to any particular case at this time.
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MS. BAXTER advised that four citizens had submitted requests to speak on this item and the Mayor asked
them to come forward and present their remarks as their names were called.
Elizabeth&Robert Alonzo, 16715 E. El Lago Boulevard
Ms. Alonzo introduced her husband and herself to the Council and said that they were full-time residents of
Fountain Hills and lived on the corner of El Lago Boulevard and Rio Verde Drive. She stated that they
wished to voice their opposition to the construction of a nursing home, a commercial business, in a
residential neighborhood of luxury condominiums. She advised that they came to Fountain Hills to enjoy the
peace and tranquility it offered and to enjoy the Arizona desert lifestyle. She said that all of this would
change in their community if such a project were approved. She requested that the Council consider how a
business of this size would impact the entire community.
J. Connelly, 16715 E. El Lago
Mr. Connelly decided not to speak at this time.
Robert Jeffre, 16616 E. Gunsight Drive
Mr. Jeffrey said that the condominium he lived in year round was located right behind where the nursing
home would be located. He noted that the entire area was residential. He explained that there were
approximately 8 other families who were concerned about the project but stated that they had left and were at
their summer homes. He informed the Council that they were very opposed to the development of a nursing
home at this location and urged the Council to deny the request.
Art Ursu,Fountain Hills Senior Care
Mr. Ursu decided not to speak at this time.
MAYOR NICHOLS reminded the people who spoke that the Council was not voting to approve the
building; this was merely a text amendment to the Zoning Ordinance and had nothing to do with approval of
a Special Use Permit for the nursing home.
COUNCILMAN KEHE asked Town Council Andrew McGuire a hypothetical question regarding a piece of
property in a multi-family district and said that if a church wanted to build on the property (with a building
design in excess of 200 feet) and the 200-foot application was not changed, what happened to the church.
MR. MCGUIRE responded that the question was one that unfortunately they could not get a clear answer t
without having a specific application to refer to. He noted that churches carved out an entirely different are.:
that would not be applied to a regular use area such as a nursing home or apartment complex. He said that in
evaluating the church building they would have to take into consideration the Religious & Institutionalized
Person Act. He noted that the application of that Act had been somewhat sporadic, but in the 9th Circuit
where Arizona resides, it had been fairly strict in its application that if the design of the building was such
that it was a key component or a necessary element of that particular congregation's worship, that the 200-
foot rule probably could not be enforced. He added that if it were something that did not involve a basic
principle of their religion, they probably could enforce it. He explained that the Act applies to expansions of
religious schools in sites,expansion of main congregation halls (in some instances)and it had been applied to
prevent a municipality from regulating a certain type of spire,cross or other height regulated items.
COUNCILMAN KEHE asked whether it was true that Planning had interpreted this in different ways over
the years and Mr. McGuire said he could not say whether there were different interpretations over the years
but he could state that they had identified a number of different uses that would be in violation of this
particular provision throughout the Town.
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COUNCILMAN ARCHAMBAULT commented that most of the ones he was looking at were built prior to
the change in the ordinance and Mr. McGuire said he believed that most of them were but he could not say
Lor with any certainty that all of them were. He added that the change in building length came about because of
the multi-family project at Fountain Hills Boulevard and Palisades Boulevard. He noted that the project was
built over the span of approximately a year and a half. COUNCILMAN ARCHAMBAULT asked how this
pertained to schools (although no additional schools were planned). He said that if this became an issue, he
would like to know how that would affect the schools. Mr. McGuire responded that for the first part of the
question they would have to presume that they were in a multi-family district, which might or might not be
the case, but most of the school sites in Town were R1-43 or one of the other single-family categories. He
pointed out that schools enjoyed a great deal of latitude under Title 15 in which they had exemptions from a
number of the Town's building standards and requirements. He said that it was an odd quirk of Arizona law
that you could build something in another community and has the exemption of legislative power when
doing so. He added that school districts had some very specific carve outs and they were somewhat
regulated in the Town's regulatory ability over them. He expressed the opinion that a 200-foot long school
building would not be an issue.
COUNCILMAN ARCHAMBAULT stated that he was on the Council when they voted to put this in place
and said he remembered having discussions with Councilmembers and their purpose was they recognized
that they had large multi-family lots and they were trying to break them up for aesthetic purposes. He
advised that he would oppose the motion.
COUNCILMAN SCHLUM requested that staff clarify the intent of this agenda item as well as what it would
entail.
MR. TURNER responded that this was the first step in the process of review and hearing for a proposed text
amendment. He said that if the Town Council were to act tonight to initiate the change, staff would
advertise,post, and notice a future public hearing in front of the Planning &Zoning Commission. He further
stated that the members of the Commission would make a recommendation on the proposal to the Town
Council and they would hold another public hearing on the matter prior to rendering a final decision on the
text amendment.
COUNCILMAN KEHE said that (hypothetically) if this passes, would it automatically allow structures over
200-feet and what would be the process that would go beyond that. MR. TURNER advised that the only
thing the Council was doing this evening was authorizing future public hearings on this question and
tonight's approval did nothing to change the Zoning Ordinance. COUNCILMAN KEHE stated that if they
went through the process and the ordinance changed, with the maximum building length only applying to
multi-family dwellings, if someone came along with a project that was not a multi-family dwelling, was there
any way that the project could be approved and, if so, what were the steps for the approval.
MR. TURNER advised that the applicant could go to the Board of Adjustment and if they could prove that a
hardship existed, they could obtain a variance and put in a building longer than 200 feet. If it was part of a
Planned Unit Development (PUD), they could also get a longer building. He concurred that there was a
route to follow that would make possible private property rights.
COUNCILMAN MCMAHAN said that he has had discussions with staff regarding this issue and he learned
that if it went through, in multi-family zoning districts buildings that were for multi-family use would be
subject to the maximum building length. He added that commercial structures with a special use of some
sort in that same district would not have the limitations of 200 feet.
MR. TURNER commented that the intent of the change was to specifically identify multiple-family
kw structures/buildings being subject to the 200-foot limitation and other types of buildings in multiple-family
zoning were not subject to the 200-foot limitation.
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COUNCILMAN MCMAHON said that as it currently stands, any structures that would go in this multi-
family zoning right now would be restricted to the 200 feet. Mr. Turner confirmed this statement and added
except for the items listed by Mr. McGuire. He added that in special zones, a Special Use Permit would be
required for multiple-family.
MAYOR NICHOLS called for a vote on the motion.
A roll call vote was taken with the following results:
Councilman Archambault Nay
Councilman Schlum Aye
Councilman Kehe Aye
Councilman Kavanagh Absent
Councilman McMahan Aye
Mayor Nichols Nay
The motion CARRIED by majority vote (3-2)of those present.
AGENDA ITEM #15 — CONSIDERATION OF RESOLUTION 2005-32, APPROVING A MUTUAL
AID AGREEMENT WITH THE CITY OF SCOTTSDALE REGARDING FIRE AND EMERGENCY
SERVICES.
Mr. Pickering advised that staff had been working with the City of Scottsdale to ensure that the Town had a
mutual aid agreement and said that this was brought about because of the change with Scottsdale's former
fire department and their decision to change to a municipal fire department. He stressed the importance of
ensuring that both towns had an agreement with each other to provide fire and emergency medical service if
needed. He explained that the Town's emergency medical services were changing a great deal, the fire
services because they were in a municipal department and they were still contracted. He reported that the
agreement had been worked out and already approved by the City of Scottsdale in May. He noted that the
next agenda item was a very similar agreement with the Rio Verde Fire District.
MAYOR NICHOLS asked for a motion to approve the adoption of Resolution 2005-32.
Councilman Archambault MOVED to approve Resolution 2005-32 and Councilman McMahan
SECONDED the motion.
COUNCILMAN ARCHAMBAULT commented that the agreement was strictly for fire services and the
Council would be discussing the.ambulance services at a later date with Southwest Ambulance and Rural
Metro. Mr. Pickering stated that the agreement was for emergency services and it was with the City of
Scottsdale. He added that the only service they provided (the City itself) was the Fire Department. He said
that the ambulance department in Scottsdale was provided by Southwest Ambulance, the Town's same
ambulance carriers, and noted that that agreement with the same company was not as important as it was
when their Fire Department and the Town's Fire Department were different.
MR. MCGUIRE stated that ambulance service was going to be covered in a de facto mutual aid situation
such as what the Town had when they had Rural Metro as the fire preventor in Scottsdale. Because it was
the same entity that provided service in Fountain Hills and Scottsdale, they would use private resources to
back each other up in whatever way they needed to in order to make sure that they met their contractual
obligations. He added that Rural Metro was the parent company over Southwest Ambulance and Scottsdale,
even if they wanted to, could not provide any kind of an obligation to back up the Town with respect to
ambulance services. He said that this probably would not change as long as the CC&Ns were held by one
company and there was one backup for mutual aid between the two communities. *I)
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COUNCILMAN ARCHAMBAULT noted that the Town's contract was with Rural Metro and it would be
incumbent upon Rural Metro to make sure they had the "move up" as the contract stated and Mr. McGuire
agreed. COUNCILMAN pointed out that the contract for mutual aid that they were voting on tonight was for
the City of Scottsdale for fire services.
There were no citizens wishing to speak on this item.
The motion CARRIED UNANIMOUSLY by those present(5-0).
AGENDA ITEM #16 — CONSIDERATION OF RESOLUTION 2005-22, APPROVING A MUTUAL
AID AGREEMENT WITH RIO VERDE REGARDING FIRE AND EMERGENCY SERVICES.
Mr. Pickering advised that this was a very similar agreement and explained that the Rio Verde Fire District
had assets that the Town might be able to use as far as emergency services. He noted that the Town also had
equipment that they could use in Rio Verde but emphasized that they would not be sending all of their
equipment, it was limited to a certain amount, as discussed between the two Fire Chiefs. He commented on
the good working relationship the Town has with Rio Verde and stated that staff recommended approval of
the agreement.
Councilman Archambault MOVED to approve Resolution 2005-22 and Councilman McMahan
SECONDED the motion.
There were no citizens wishing to speak on this item.
The motion CARRIED UNANIMOUSLY by those present(5-0).
kw AGENDA ITEM #17 — DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO ADJUST THE
2005-06 BUDGET TO INTEGRATE SENIOR SERVICES, INC. OF FOUNTAIN HILLS INTO THE
TOWN'S OPERATION.
Mr. Pickering stated that MARK MAYER, the Town's Director of Parks & Recreation, would provide an
overview of this agenda item.
MR. MAYER said that as the Council was likely aware, at the staff level they had been discussing the
possibility of having Senior Services come under the general umbrella of the Town. He stated that the
discussions took place with both members of the staff and representatives from the Senior Services Board.
He noted that staff believed there was some economy that they could provide to their group that would assist
them in providing continuing services to seniors. He added that they as the Town could bring some
resources that they either currently did not have or were paying for, such as IT assistance, legal coverage,etc.
He explained that the discussion had culminated recently in a unanimous decision by their Board to officially
request that Senior Services come under the Town's umbrella. He said that their current governing board
would like to continue to serve in an advisory capacity, similar to other boards and commissions.
MR. MAYER advised that this evening staff was seeking Council's endorsement to continue those
discussions that they believed were going to take a little more time in order to work out some of the final
details associated with the operation. In addition, they were seeking recognition on the part of the Council
that if the decision were made to move ahead, there would be an impact to both the revenue and expenditure
side of the departments to accommodate that move. He stated that information regarding this and the budget
they had provided was included in the staff report.
COUNCILMAN MCMAHAN commented that their original proposal included $70,000 as a subsidy for
Senior Services and asked whether that would be incorporated into this budget. MR. MAYER responded
that staff was basically requesting that as they make the transition they would be seeking dollars that they
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could put back on the expenditure side against the revenue side. He noted that this would negate the need to
provide them with the full $70,000 because the Town would be assuming those responsibilities and they
woul iclude that under the umbrella for the budget.
COt LMAN ARCHAMBAULT said if they moved forward with this, showing that they had $70,000
budgeted for Senior Services and showing now that there would be approximately $100,000 more, how could
they adjust for that since the budget could not be increased.
MR. PICKERING stated that the Town's revenues in actuality would go up that$100,000 because of the fees
that were currently collected by Senior Services. He commented that the money would remain the same and
agreed that they could not increase their maximum but what they would do is decrease the grant amount,
$1.5 million, which they put in there by the $100,000 so the ending amount of the grant would be $1.4
million.
COUNCILMAN KEHE commented on the fact that the past history of Senior Services included significant
volunteer work and ;aid without that volunteer work, expenses associated with integration into the Town
conceivably could balloon. He stated that he was concerned, although he supported this, that they expend
every effort to continue the philosophy of volunteer service.
MR.PICKERING concurred that the Town had a fantastic volunteer base with Senior Services and expressed
the opinion that that had much to do with the staff that was current at that operation. He said that they would
continue to maintain that staff and hopefully maintain that situation. He added that they wanted to ensure
that the volunteers were well respected and recognized and that they continued to help the Town provide the
needed vital services. He pointed out that this was something that staff would have to continually monitor
and if they see the program began to "dip", they needed to put forth the effort to make sure that the
volunteer;: were retained.
COUNCILMAN KEHE asked whether, in addition to volunteers, certain revenues would still be available,
such as the United Way, etc. Mr. Pickering responded that one thing staff was going to do was maintain the
501(3) C designation so that they could continue to collect those types of monies. He added that there would
be Friends of the Senior Services that would be maintained and donations could still be collected.
COUNCILMAN KEHE questioned whether the financial contributors to Senior Services would continue to
contribute once the entity became a governmental function and Mr. Pickering concurred that that was one of
the concerns they had going into this and emphasized that the programs needed the Town's help and could
not function without it. He referred to the Meals on Wheels program and said that the number of hours
involved was tremendous. He added that although government would be taking it over, without citizen help
it would be difficult to provide services at the current level.
COUNCILMAN SCHLUM commented that the draft budget with the lines out of it appeared to indicate that
the additional support would go away from community organizations and noted that Mr. Pickering was
stating that perhaps that could continue through a 501(3) C. Mr. Pickering agreed that said that staff did not
want to depend on that, they wanted to do a "what if they don't" analysis. He added that with the 501(C) 3
they hoped that the donations would continue because the programs were extremely valuable to the entire
community.
COUNCILMAN SCHLUM said that if in fact they had a budget (the Town was only going to pay up to a
certain amount for certain services) were they not in the same position as the Senior Center services wise as
far as the allocation of funds for specific services. He added that the expenditures should not be more than
what had been budgeted. Mr. Pickering responded that it should not and explained that staff kept a close
handle on that although at times line items did go over. He noted that as the Town Manager he had the
authority to shift monies within any divisional budget they had. He pointed out that this was their first year
and he would not want to tell the Council that this was exactly what they were going to spend because they
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did not know that for sure as there might be some unknown unanticipated expenses that developed. He said
that staff felt comfortable with the estimates and they would carefully monitor this area.
COUNCILMAN ARCHAMBAULT stated that he sometimes tended to be an optimist and said he believed
that the civic groups that donated to Senior Services in the past would continue to do so in the same spirit as
the businesses that stepped forward to fund the Eggstravaganza, the Halloween festival, and other similar
events. He added that he was glad to see that they were keeping the 501(C) 3 designation in place. He also
emphasized that this was "consumer driven" and just like everything else, as they got into this, the revenues
were going to increase. He said that they did a balancing act, some programs participated but did not fully
pay for themselves, but others received a little extra. He stated that he was confident that this would go off
without a hitch.
COUNCILMAN KEHE reiterated the importance of maintaining the volunteer program.
MAYOR NICHOLS expressed the opinion that the Town had two major areas of responsibility to the
community: 1)to the youth of the community, and 2) to the seniors in the community. He added that credit
must be given to those who got Senior Services up and going and made it, and Meals on Wheels, such a
success. He said that he believed this was the right thing for the Town to do, ensure that they had continuity
as they went forward so that the responsibility for this would lie on the Council and the Town rather than just
the largesse of volunteers. He added that the Town would take over the responsibility of ensuring that this
would be a continuing program into the future and if additional space was needed in the future, they would
not have to go out "hat in hand" in order to obtain it as it became the responsibility of the Council to ensure
that adequate space was provided in the future.
COUNCILMAN KEHE concurred with the Mayor's remarks and emphasized the importance, utilizing the
501(C)3, to mirror other communities and continue to raise certain funds from the private sector and
timpe organizations that towns did not seem to do as well. He said he hoped that they could bridge this and have a
good working relationship with Senior Services.
COUNCILMAN ARCHAMBAULT also stressed the importance of seeking grants.
There were no citizens wishing to speak on this item.
Councilman Archambault MOVED to instruct staff to adjust the 2005-06 budget to integrate Senior
Services, Inc. of Fountain Hills into the Town's operation and that Senior Services be brought under the
umbrella of the Town. Councilman McMahan SECONDED the motion, which CARRIED
UNANIMOUSLY by those present(5-0).
AGENDA ITEM #18 — PUBLIC HEARING REGARDING RESOLUTION 2005-35, ADOPTING
THE TENTATIVE BUDGET AS THE 2005-06 FISCAL YEAR BUDGET FOR THE TOWN OF
FOUNTAIN HILLS.
Mayor Nichols declared the public hearing open at 7:35 p.m.
Mr. Pickering advised that the budget had been presented to the Council on two separate occasions, one at a
previous meeting as well as at a Work Study as well as individually with Councilmembers to respond to any
questions they might have. He added that the budget had been available for review by the public at Town
Hall and noted that it was also placed on the Town's website for the benefit of citizens who wished to
download it and review it at their leisure. He noted that this was a balanced budget and said that for the first
time they had been able to make great capital investments and were able to put money away for future needs.
ce He added that they should hear comments from the public and staff will be happy to respond to any questions
that may arise. He added that they provided the Council with an update on code enforcement.
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Frank Ferrara
Mr. Frank Ferrara, representing the Chamber of Commerce and its Tourism Bureau, thanked the Council for
the support they provided in the past and said he hoped that the support continued in the future.
MAYOR NICHOLS thanked Mr. Ferrara for his comment.
There being no additional citizens wishing to speak, the Mayor declared the public hearing closed at 7:40
p.m.
AGENDA ITEM #19 — CONSIDERATION OF RESOLUTION 2005-35, ADOPTING THE
TENTATIVE BUDGET AS THE 2005-06 FISCAL YEAR BUDGET FOR THE TOWN OF
FOUNTAIN HILLS.
MAYOR NICHOLS said that as they entered into discussions on the budget, there was one comment about
which he would like to ask Mr. Pickering. He noted that there had been many concerns expressed by
residents of the Westridge development located off of Palisades about a deceleration lane in order to negate
the safety hazards in that area. He stated that he thought they had $30,000 in the budget to construct the
deceleration lane but said it was not there. There is only $5,000 budgeted for this. The Mayor said this
concerned him and asked whether the full $30,000 could be allocated for the deceleration lane.
MR PICKERING advised that staff was aware of the residents' concerns and agreed with the importance of
ensuring that the area was a safe one and that a turn lane was added. He explained that the situation was not
that the funds were not in the budget, but rather staff had looked at how long it would actually take to
construct the lane. He commented on the large number of utility lines that exist at that location and stated
that they would have to survey and expand the easement and move those utility lines. He noted that by the
time they went through that process, as well as drew up the plans, staff anticipated that it would be
approximately one year from now. He stated that staff made a conscious decision to put that item in the
Capital Improvement Plan for next year. He added, however, that they did have some flexibility and if for
some reason they were able to more the project along more quickly,the project could begin before the end of
the fiscal year. He emphasized that the project was going to be done; it was just a matter of how long it took
to pull all of the necessary plans together.
COUNCILMAN MCMAHAN stressed the importance of moving as expeditiously as possible on this
project.
MAYOR NICHOLS added that Councilman Kavanagh asked him to bring up the issue of the Public
Information Officer in the budget. He said that Councilman Kavanagh would like to Council to consider
changing that position to not make it a Public Information Officer, but rather upgrade it to the higher-level
position of Assistant Town Manager. He said that his reasoning was that the worst years this Town had were
the years when they had four temporary Town Managers and stated that there was no backup for Mr. Nordin.
He explained that part of the program for succession planning was to hire someone who would carry out all
of the duties currently slated for the Public Information Officer but the person would also possess the skill
level necessary to assume the responsibilities of the Assistant Town Manager at the same time. He added
that this would provide protection should Mr. Pickering decide to accept a position someplace else. He
commented on the fact that Town Managers did move around and if they limited themselves to staying in the
same town, it was difficult to gain significant increases in a career. He commented that he would not be
surprised if three or four years down the road the Town was looking for a new Town Manager because of a
voluntary move and noted that that was possible.
COUNCILMAN MCMAHAN advised that he supported Councilman Kavanagh's position and said that the viti)
Assistant Town Manager should possess some press writing skills and added that Mr. Pickering was very
good in this area.
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COUNCILMAN ARCHAMBAULT asked Mr. Pickering whether that was a "doable situation" and said his
point was that they would need to find someone with the necessary skill level to carry out both Public
Information and Assistant Town Manager responsibilities. Mr. Pickering responded that it would be a
difficult position to recruit for but added that if they got someone at that level they were going to have the
experience necessary to complete the communication plans and things like that contained in the existing job
description. He advised that the current need was in the communications area and emphasized the
importance of having someone properly carry out that important responsibility. He agreed that if he left or
was sick, the Town would not have anyone to fill his shoes and this posed a risk.
COUNCILMAN ARCHAMBAULT asked Mr. Pickering if he would be comfortable if the Council hired
someone to fill the joint responsibility position and he responded that he would be.
COUNCILMAN KEHE, speaking to Mr. Pickering, said that one year ago when he first sat on the Council,
the position of an Assistant Town Manager was proposed. He said that at that time he asked Mr. Pickering
specifically to outline what he perceived as the duties of an Assistant Town Manager. He stated that there
were approximately 15 to 20 duties raised. He added that at the Council Retreat he brought up the possibility
of an Assistant Town Manager and he thought he was going to get "the bum's rush," as his suggestion did
not receive any support at the retreat. He said that at the retreat they did come up with goals, one of which
was to establish a Public Information Program as well as a Grant Writing Program. He noted that the
objectives were to provide accurate and timely information to keep the public well informed and to approve
an appropriate structure and recommendation to establish a Grant Writing Program. He commented that
without the services of a Grant Writer, the Town could not obtain available funding. He said that what
bothered him about this was that he thought public information and grant writing were going to be buried and
added that he could not conceive of the training and experience of a potential Town Manager in the event
that something happened to Mr. Pickering. He noted that the Town Manager's skills differ greatly than those
used in public information and grant writing. He added that it seemed to him if they hired an Assistant Town
Manager,they were going to have to pay that person at a much higher level than a Public Information Officer
Val." and Grant Writer. He commented that he was willing to support this if he could obtain assurance that they
were not going to go against their own goals and emphasized that that was the purpose of conducting retreats.
MR. PICKERING responded that he had the same concern and said it was a matter of finding someone with
the skill set that could manage the communication aspect, the public information aspect, and grant writing,
while still performing at a higher level and taking on significant responsibilities. He advised that they would
go through the process and if they found someone with that particular skill set they should hire that person
and if they didn't, he would probably come back to the Council and recommend that they just move ahead
with more of a communications person. He stated that he had tried to hire that type of person before and it
was difficult. He added that he would keep the Council updated on his recruitment efforts.
MAYOR NICHOLS stated the opinion that they should shoot for the higher level but agreed with Mr.
Pickering's comment that if they did not find it, they did not force the issue.
MR. PICKERING commented that he too wanted to focus on communications and expressed the opinion
that it was crucial.
COUNCILMAN KEHE noted that an informed public was very important in a democratic process and stated
that they needed a person with definite skills in that arena. He added that the Town did not have someone
with the time, expertise, and skills to apply for grant money and emphasized the importance of proceeding in
that direction as well.
COUNCILMAN ARCHAMBAULT said that Mr. Pickering brought up a very good point and he thought he
heard some hesitation in Councilman Kehe's voice as to whether they would be able to find such a person.
He stated that he too would express the concerns of the Council and urged Mr. Pickering not to lose sight of
the public information/communication/grant writing needs.
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MAYOR NICHOLS commented that the Council wanted to give Mr. Pickering the tools to get the job done
and as much flexibility as possible.
COUNCILMAN ARCHAMBAULT urged the Council not to wait too long to accomplish this goal and if
they did not find someone in the near future, they should look to hiring a Public Information Officer.
COUNCILMAN SCHLUM asked where the role of the Strategic Plan implementation would lie and Mr.
Pickering responded that it would likely fall on this person as well. He added the opinion that there would be
two main responsibilities that came out of the Strategic Plan, 1) implementing the Town's capital plan if the
residents approved; and 2) continually informing the residents about the plan and keeping it in the forefront.
He agreed that communication would be very important because once the residents had identified the things
that they wanted;they would want to see action take place. He commented that he could not say that the new
person would be a"superman"and perform all of the different functions but he did know what the focus was,
namely communication.
MAYOR NICHOLS asked whether Mr. Pickering wished to discuss his study of Code Enforcement at this
time. MR. PICKERING advised that the Council, at the last meeting about the budget, gave specific
direction to the staff to conduct an overview of the Code Enforcement services and asked whether it would
be helpful to add another Code Enforcement Officer. He noted that Richard Turner conducted the study and
they found out that they now cover approximately 1,000 cases. The addition of another officer would allow
them to increase their caseload by approximately 500. He said that they needed the most concentration on
weekends and said sometimes the schedules could be balanced to provide weekend coverage, but this was
not always the case. He added that the addition of another office would allow them to cover the weekends in
addition to increasing their caseload. He noted that they would be able to be more proactive rather than
reactive and reported that in order to be fully proactive they would need to hire three additional officers. He
expressed the opinion that this would be a good interim step and commented that over the next 10 to 15 years
they were going to see a transition where they go from a heavy building department to a need for
maintenance. He said that he envisioned transferring some of the building department employees over to
more of a Code Enforcement role in the future. He reported that the dollar amounts for the position were
included in the budget and it was possible to proceed with the hiring of an additional officer.
MAYOR NICHOLS stated that it was the consensus of the Council that staff proceed with the hiring of an
additional Code Enforcement Officer.
The Mayor thanked staff for their research and report.
Councilman Archambault MOVED to approve Resolution 2005-35, adopting the Tentative Budget as the
2005-05 fiscal year budget for the Town of Fountain Hills. Councilman McMahan SECONDED the
motion, which carried unanimously by those present(5-0).
AGENDA ITEM #20 — DISCUSSION OF THE COUNCILMEMBER
REPLACEMENT/APPOINTMENT PROCEDURE AND THE ROTATION OF THE VICE MAYOR
POSITION WITH POSSIBLE DIRECTION TO STAFF.
Mayor Nichols stated that he would like to begin with the Vice Mayor rotation and recommended that the
next person in line to be Vice Mayor, Councilman Schlum, be assigned the balance of former Vice Mayor
Nicola's term.
Councilman Archambault stated that this would be very appropriate and agreed with the Mayor's comments.
He stressed the importance of having a Vice Mayor In place when the Mayor was out of Town or
unavailable.
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Councilman Kehe MOVED that the actual induction take place at the next meeting on June 1e.
Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY (5-0).
Mayor Nichols said that they would now discuss the Councilmember replacement/appointment procedure.
Mr. Pickering provided a brief overview of this agenda item and noted that the Council had great flexibility
as far as what they could do to select a new Councilmember. He noted that they were not subject to a
timeframe and they could fill the appointment in whatever fashion they chose. He said that there were
obviously several different options, some of which had occurred in the past. He commented that this was a
very unfortunate process that they had to go through and one they did not expect. He noted that staff was
there to carry out the desire of the Council in this regard and added that they would carry out any procedure
selected by the Council from among the various options.
COUNCILMAN KEHE expressed the opinion that there was no need to rush on this matter and said he
believed they would appreciate time for mourning out of respect to Vice Mayor Nicola. He added that they
were an at-large body so it was not like a district that was being left without representation. He agreed that it
was appropriate for them to establish a process this evening, but said that the actual implementation of the
process should be postponed. He noted that if they found a definite need existed,they could always expedite
the process.
COUNCILMAN MCMAHAN recommended that sometime in July they advertise the position, receive
resumes,conduct interviews, and schedule appointments as they do with other boards and commissions. The
Mayor explained that the resumes would be reviewed in Executive Session and brought forward
recommendations for those to be interviewed. He added that the chosen person would be seated sometime in
September.
COUNCILMAN SCHLUM commented that he appreciated Councilman Schlum's comments and agreed that
there was no rush to fill the position.
Bruce Tominello,16208 Sunrise Drive
Mr.Tominello decided not to speak at this time.
Janice Lee, 15318 E. Hillside Drive
Ms. Lee addressed the Council and said that she previously brought forward a suggestion as to how to
appoint commissioners. She stated that tonight, after listening to some of the discussion, she decided to re-
present her suggestions. She noted her previous experience as Mayor and Vice Mayor in Los Angeles
County. She extended her sympathies to the Council and to the family members of Vice Mayor Nicola. She
added that despite the sensitivity of this time, the Council must recognize its responsibility to the community
to be transparent and make the invitation open for those who wished to step forward and volunteer for this
under-paid, over-worked position. She stated that it was important to remember that as leaders of the
community, their responsibilities were tremendous but they also must be apparent to all members of the
community so that they understood the Council's rationale for selecting someone to assume the role. She
once again suggested, with all due respect, that the process be one in which they advertise, allow people to
come forward and submit their resumes and then agendize, at a public meeting, so that all of those who
applied could come before them and the citizens and they could hear the quality and talent they could bring
to the position. She added that the voting should be public and said that this was the democratic way and she
supported governments that serve the people in open, honest ways. She urged the Council to allow the
citizens to participate in the process and indicated her intention to throw her hat into the ring but said that
iiime was not her reason for being there this evening.
MAYOR NICHOLS thanked Ms. Lee for her comments.
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MAYOR NICHOLS said that they would proceed with the general direction as provided by the Council.
In response to a question from the Council, Mr. McGuire State law does not require that all personnel matters *igi)
be discussed during Executive Sessions. He said that Executive Sessions were the privilege of the Council to
be able to discuss certain matters behind closed doors. He added that the person being discussed also had the
ability to request that the discussion be conducted in public. He stated that there were a number of different
ways to handle the situation.
AGENDA ITEM #21 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO
IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE
IMPROVEMENTS FOR FUTURE MEETINGS.
There was no discussion.
AGENDA ITEM #22 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH
ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT
FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL:
A. None.
AGENDA ITEM#23-SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER
Mr. Pickering advised that staff would research the parking agreement as previously discussed and talk to the
Doctor about his medical campus idea.
AGENDA ITEM#21 -ADJOURNMENT
Councilman Archambault MOVED that the Council adjourn and Councilman McMahan SECONDED the
motion, which CARRIED UNANIMOUSLY. The meet' g adjourned at 8:12 p.m.
TOWN OF FOUN AIN
By /4i
Wao s, ayor
ATTEST AND .
PRE ARED BY: /
i 0//a/
las
Bevelyn J. nde.Town Clerk 1`- ._
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and
Executive Session held by the Town Council of Fountain Hills on the 2nd day of June 2005. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 16th day of June 2005.
14
Bevelyn J. Ben r, wn Clerk
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