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HomeMy WebLinkAbout2005.0616.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 16,2005
Mayor Nichols called the meeting to order at 6:35 p.m. Following the invocation by Pastor David Iverson.
Fountain Hills Christian Center,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 Schlum, Councilman Kavanagh, Councilman Kehe
and Councilman McMahan. Town Manager Tim Pickering, Town Attorney Andrew McGuire, Director of
Public Works Tom Ward, Director of Parks & Recreation Mark Mayer, Town Engineer Randy Harrel, and
Town Clerk Bev Bender were also present.
(The flow of agenda items was disrupted due to the later arrival of Arizona Attorney General Goddard than
anticipated,but for purposes of clarity are shown in the order as listed on the agenda.)
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) The Mayor will introduce Arizona Attorney General Terry Goddard, who will speak on how
his role affects Fountain Hills.
Mayor Nichols stated that it was his honor to present Attorney General for the State of Arizona to the
members of the audience and welcomed him to the meeting. He requested that Attorney General Terry
Goddard occupy his seat at the dais for his presentation.
Attorney General Terry Goddard asked that copies of documents he brought with him be distributed for the
general perusal of the audience. He noted that all of the materials were also available on the Attorney
General's website, azag.gov or agaz.gov. He noted that the website contains some very useful materials on
consumer protection, especially in the area of identity theft, mortgage financing, child protection on the
Internet, etc. He added that citizens could also download or obtain DVDs at no cost that provide excellent
information on identity theft and the other items previously mentioned as well as important information for
police officers regarding the problems associated with methamphetamines in the community.
Attorney General Goddard stated that he would discuss what his office does and how their work affects the
Town of Fountain Hills but noted that it would be difficult to touch on all of the issues within the allotted
timeframe. He reported that the Attorney General's Office represents virtually all of the State agencies with
the exception of the Corporation Commission, the Governor's Office, the Board of Regents, the Industrial
Commission, and the Department of Water Resources. He noted that the most important agency they
represent, in terms of manpower, is the Department of Economic Security and said that over 100 attorneys in
his office work exclusively for Child Protective Services. He explained that if there was a child in a
dangerous or difficult situation, no action could be taken to remove them from a home unless legal action
occurred. He added that if parental rights were severed, that was an extremely important legal action and
might even involve a jury trial. He reported that his office employs approximately 400 attorneys and the
ones who receive the most attention, in terms of consumer/citizen outreach, are criminal investigations and
prosecutions,consumer protection,consumer fraud actions and civil rights. He pointed out that his office has
joint authority with the Federal government in terms of civil rights, primarily housing discrimination. He
noted that they also handle Equal Opportunity complaints.
Attorney General Goddard emphasized that the department's goal is to prevent citizens from being
victimized and stated that identity theft is the number one felony crime in the country at the current time,
based on growth,and it affects an extraordinary amount of Arizona citizens. He reported that Arizona is first
in the country in terms of identify thefts and pointed out that the materials distributed this evening, that are
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available on the website, contain helpful hints on how to avoid this situation. He advised that the number
one place where identity thieves obtain their information is from citizens' mailboxes that contain bills they
Le, are paying. He added that Arizona is also number one in postal thefts and said that the two go together.
Attorney General Goddard also discussed methamphetamines (meth) and stated he did not believe there was
a community in Arizona not facing this problem. He reported that at least two meth labs had been closed in
the Fountain Hills area within the last couple of years and said that last Friday a Fountain Hills' resident was
killed by someone driving a car who had meth in his vehicle. He added that they had not yet determined
whether he was using the meth but it was in his car. He noted that two individuals who were high on meth at
the time carried out the recent tragic killing of a police officer in Phoenix. He advised that there was not
enough they could to do alert citizens to the seriousness of this drug and its negative impacts on entire
communities. He said that they were doing everything possible to address this serious problem and discussed
the importance of identifying and closing the various meth labs located throughout Arizona. He informed the
audience that the main item that is used to make the meth is, unfortunately, an over-the-counter cold
medication. He noted that Sudafed is the most prevalent tablet that everyone is aware of but noted that there
are many other products as well that contain this ingredient and can be used to manufacture meth. He
reported that they recently tried to pass some tougher restrictions on people obtaining large quantities of the
ingredient but said they were unsuccessful but intend to go back before the Legislature again on this matter.
He pointed out that Oklahoma passed tougher legislation and reduced the number of meth labs in the State by
80%and said that Arizona should pursue the same type of legislation.
Attorney General Goddard informed the citizens that his office now has a mobile van that contains a wide
variety of consumer information and they are seeking public events where they could distribute the important
information. He requested that they let him know of any upcoming events his staff could attend in an effort
to get the information disseminated as much as possible. He added that his office was also strongly involved
in the area of consumer alerts to help citizens avoid scams (lottery scams, etc.). He noted that his office also
keeps on file documents that citizens may wish to file in order to clarify exactly what their medical
IllImov instructions are should they face serious medical problems in the future and/or are incapacitated. He added
that there are also forms to establish power of attorney/medical power of attorney. He emphasized that his
office recommends that people who wish to use the forms consult with an attorney before doing so and
stressed the importance of knowing which questions to pose to their attorneys.
Mayor Nichols asked whether anyone had any questions for the Attorney General.
Janice Lee stated that Attorney General Goddard had mentioned that identify theft is the number one crime in
the State and said that when people, for example, apply for jobs on the Internet, they are asked to provide
personal data(social security numbers,date of birth,etc.). She added that traffic violation information is also
sometimes posted and this also places people involved in child protective situations in a dangerous situation.
Attorney General Goddard commented that Ms. Lee raised some good points and added that people who file
for divorce also have their full names and social security numbers listed on on-line pleadings. This is also
true for marriage licenses and a number of other legal proceedings as well that do not just involve traffic
tickets. He noted that the Internet is a tremendous benefit but there are problems associated with it
particularly when it comes to identify theft situations. He stated the opinion that public officials have a
responsibility to redact social security numbers from posted information. He stressed the importance of not
giving out a social security number unless it is absolutely necessary, such as with certain financial
transactions. He urged the citizens to ask questions, determine why the information is being requested. He
reiterated the need for more stringent legislation to protect citizens.
Councilman McMahan noted that when citizens apply for a drivers' license, they have to provide a social
security number and said that previously this was optional. Attorney General Goddard responded that he
concurs that this is a problem and noted that the Legislature has been successful in removing social security
numbers from health care cards.
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Councilman Kavanagh asked what citizens who suspect they are victims of identify theft should do and the
Attorney General said that when citizens receive monthly statements they should be sure to read them. He
also encouraged them to obtain a free copy of their credit reports and said that there are three agencies
provide them so they can obtain all three. He added that citizens should invest in paper shredders to further
protect themselves. He advised that every police department in Arizona will take reports on identify thefts.
Mayor Nichols thanked Attorney General Goddard for his presentation and said that although the Town of
Fountain Hills does not have a key to the Town, they do have a Fountain Hills' pin and presented him with
one. He stated that the helpful information provided by him would do much to make the citizens more aware
of certain situations and help them to better protect themselves. He noted that the meeting would be re-
broadcasted and hopefully watched by many people.
Mayor Nichols requested that Kira Putterman approach the podium and said that the Town has a Mayor's
Youth Council composed of high school students. He noted that Kira is the Vice President of the Council
this year and hopefully will head it up next year. He requested that the Attorney General pose for a picture
with the Mayor and Kira.
Mayor Nichols stated that the Arizona Attorney General's Office has worked with the Department of Justice
to develop a mandatory program in the State of Arizona for educating youths in the schools on the dangers
associated with the Internet. He congratulated the Attorney General for taking an innovative step to address
this important issue and protect the State's youths.
(ii) The Mayor will transfer the Vice Mayor nameplate to Councilman Schlum who will serve
through May 2006.
Mayor Nichols said that he had the honor of transferring the Vice Mayor nameplate to Councilman Schlum,
who will serve in that capacity through May of 2006. He explained that the elongated term was due to the
passing of Vice Mayor Nicola and stated that it was sad that they had to pass the nameplate on at this point in
time but they were happy that they have an accomplished gentleman such as Jay Schlum who was willing to
serve in this capacity for the balance of Vice Mayor Nicola's term as well as his term.
The Mayor transferred the Vice Mayor nameplate to Councilman Schlum.
Councilman Schlum thanked the Mayor and the Council for allowing him the privilege of serving in this
capacity and told the councilmembers, staff, and the citizens of the community that he would do his best to
serve them. He added that he would try to do his "double best"to honor Vice Mayor Nicola.
CALL TO THE PUBLIC
Janice Lee, 15318 E. Hillside Drive
Ms. Lee congratulated Vice Mayor Schlum on his appointment and explained that she was here this evening
because during the coffee meeting with the Mayor a subject came up on which she conducted research and
determined that an opportunity might exist for the community to implement, a Town-wide, a recycling
program. She noted that the Department of Environmental Quality Engineering was accepting funding
proposals at the current time from organizations, cities, towns,etc. and the deadline to file was July 20th. She
said that if staff was diligent, she believed they could meet the deadline and reported that they were eligible
to apply for up to $200,000 and, in essence, could purchase the bins that are required for the recycling
program. She noted that if they initiated an ordinance requiring all of the Town's waste haulers to participate
in the program, and not increase rates, there was also a benefit to them. She told the Council that she put
cr together some initial figures and it appeared that if one of the Town's waste haulers participated in the
program, he would actually save $125,000 a year because tipping fees would be reduced, the tonnage that
they take to the landfills would be reduced, and they could also apply for up to$100,000 to cover the cost of
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vehicle maintenance, gas, and employee time to do this. She expressed the opinion that this was an excellent
opportunity in light of the environmental issues facing the community and added that she could not think of a
reason why the Town would not wish to pursue a Town-wide recycling program. She requested that the
Council direct staff to look into this matter as expeditiously as possible and said that she would be happy to
help in any way possible. She encouraged them to contact the waste haulers and work out a plan, a fairly
simply way,for the Town to implement a Town-wide program.
Mayor Nichols thanked Ms. Lee for her informative remarks. He requested that she turn over the research
she conducted to Mr. Pickering so that he and staff could follow up on the matter.
There were no additional citizens wishing to speak at this time.
CONSENT AGENDA
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM JUNE 2,2005.
AGENDA ITEM #2 — CONSIDERATION OF APPROVING A FIRST AMENDMENT TO THE
ANNUAL LANDSCAPING CONTRACT, WITH RESPECT TO TREE TRIMMING ONLY, WITH
VALLEY CREST LANDSCAPE MAINTENANCE,INC.,IN THE AMOUNT OF$18,498.19.
AGENDA ITEM #3 — CONSIDERATION OF APPROVING A CONTRACT WITH SALES TAX
AUDITOR,AL HOLLER AND ASSOCIATES,FOR THE PERIOD JULY 1,2005 THROUGH JUNE
30,2006.
Councilman Archambault MOVED and Councilman McMahan SECONDED a motion TO APPROVE
Le THE CONSENT AGENDA.
A roll call vote was taken with the following results:
Mayor Nichols Aye
Councilman Kavanagh Aye
Vice Mayor Schlum Aye
Councilman Kehe Aye
Councilman McMahan Aye
Councilman Archambault Aye
The motion CARRIED UNANIMOUSLY (6-0).
ACTION AGENDA
AGENDA ITEM #4 — CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE
REMAINING TERM VACANCY ON THE COMMUNITY CENTER ADVISORY COMMISSION,
WHICH RUNS THROUGH DECEMBER 2006.
Mayor Nichols MOVED and Councilman Kehe SECONDED a motion to approve Dan Foster to fill the
remaining term vacancy on the Community Center Advisory Commission, which runs through December
2006.
There being no discussion, the Mayor called the question and the motion CARRIED UNANIMOUSLY (6-
cy 0).
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AGENDA ITEM#5—CONSIDERATION OF APPROVING THE ANNUAL MEDIAN LANDSCAPE
MAINTENANCE CONTRACT (PW 2005-01) IN THE AMOUNT OF $232,898 AND AWARDING
L. THE CONTRACT TO THE GROUNDSKEEPER.
Mr. Pickering stated that Tom Ward,the Town's Public Works Director, oversees this contract and noted that
the total cost of the contract(PW2005-01)was$232,898.
Mr. Ward advised that the contract was advertised for bids on May 4, 2005, and May 11, 2005, in The
Fountain Hills Times and on May 5, 2005, and May 12, 2005, in the Arizona Business Gazette. A pre-bid
conference was held at Town Hall on May 12th and bids were received and opened on May 26, 2005. He
reported that four bids were received and staff found the Groundskeeper to be the lowest responsible bidder
in the process. He explained that the bid included landscape maintenance for Town-owned medians, Town
Hall, the Community Center, two fire stations and dam maintenance as required by the Arizona Department
of Water Reclamation(ADWR). He noted that staff conducted a thorough review of the references provided
by the low bidder, including the City of Scottsdale, Maricopa County, the City of Tempe and the
Renaissance Scottsdale Resort and reported that very favorable, positive comments were provided by all of
the references. He advised that staff recommends that the Annual Median Landscape Maintenance contract
be awarded to The Groundskeeper.
Councilman Kehe MOVED and Councilman Archambault SECONDED a motion to approve the award of
the Annual Median Landscape Maintenance contract to The Groundskeeper in the amount of$232,898.
Councilman Kavanagh commented that one client was not happy with the contractor's performance although
many others had no problems with the work they performed. He asked what steps the Town could initiate
should the contractor under perform. Mr.Ward responded that if they found that there was non performance,
staff would address the issue with the contractor to ensure that they thoroughly understood the Town's
concerns, give them a warning that they needed to address the issues at hand and, should a second situation
arise, staff would give the contractor a 30-day notice that the contract would be cancelled. He noted that
these steps were all part of the actual contract agreement.
Councilman Kavanagh asked whether the Town would be able to "switch" contractors after two or three
months if significant reasons existed and Mr. Ward said that staff would be working closely with the
contractor and monitoring the work that was carried out. He pointed out that the Town has a full-time staff
person on board who works with the various crews and monitors performance.
Councilman Kehe commented that he had two concerns and that was why he requested that this item be
placed on the Action Agenda. He stated the opinion that the Town received less than satisfactory
performance by the contractor during the current budget year. He said that he personally observed that
median maintenance was not well done and added that he received complaints from constituents regarding
their performance as well. He advised that he wanted to make sure that as they go into the next budget year
that staff remained on top of the situation and could assure the public that this would take place. He also
referred to the Town Council Agenda Action Form and said that as he looked at Section One, crew hours, he
knew that The Groundskeeper submitted a bid for $100,000, approximately $100,000 less than any of the
other bidders. In addition, as far as spraying, he was aware of the fact that The Groundskeeper submitted a
bid in the amount of $98,000 while each of the other three bids range between $25,000 and $54,000. He
stated that this raised a yellow caution flag in his eyes and referred to the spreadsheet governing Item 3,
Section 1 Mowing and noted that the low bidder on that particular section, Mariposa Horticulture, and
Nichols & Sons' bids were both in the$200,000 range, while The Groundskeeper bid $797,000. He said that
this appeared to be way out line to him. In addition, the total contract bids from Mariposa and Nichols were
$278,000 and $360,000 respectively and The Groundskeeper, the recommended contractor for Agenda Item
#2,bid$1 million. He commented that he became concerned when he saw bids that are that much out of line
and questioned whether The Groundskeeper was really the most responsible bidder.
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Mr. Ward responded to Councilman Kehe's concerns and advised that staff discussed the issue of an
unbalanced bid with the proposed contractor after observing the items that Councilman Kehe had raised. He
said that it appeared to staff that the majority of the contractor's profit might be in Section 3, Spraying, and
they asked them how they would be impacted if a dry year occurred and it was not necessary to do a lot of
spraying. He reported that the contractor said that they recognized that possibility and did not have a
problem with it. He added that when asked how this would affect their performance on Section 1; the
contractor stated that it would not affect their performance at all. He advised that two separate meetings
were held to discuss those specific issues. Mr. Ward added that he could not speak to the other bid since
Mark Mayer handled that bid and said that since representatives from The Groundskeeper were present this
evening they might wish to further address Councilman Kehe's concerns. He advised that if the Council
would like to receive any additional substantiation from the contractor, they were willing to address them at
this time. He further stated that following staffs two conversations with the contractor and after looking at
the pricing, they were comfortable in recommending that the contract be awarded to The Groundskeeper for
the median maintenance.
Councilman Kehe said that if staff was satisfied that The Groundskeeper was a responsible bidder, he would
accept their recommendations. He also discussed the proposed hourly rate for manpower and noted that a
three-man crew would be paid,in total, $25.00 an hour,which appears to be a"little shaky."
Mr.Ward commented that if the Council went back to the previous contractor,the hourly rate was$28.80 per
hour and perhaps not as `'out of whack"as some people might think.
Councilman Kehe reiterated that the contractor provided less than satisfactory performance over the past
year. Mr. Ward responded that one of the reasons that staff had re-bid the project was the contractor did not
have a spraying contract and so the spraying was added to the contract to avoid having two separate
contractors performing work. He noted that this was suggested by the existing contractor and added that it
would be easier to monitor work and gauge performance that was being done by a sole provider.
Councilman McMahan noted, for the benefit of the audience, that the contractor was required to provide
insurance and submit certificates of insurance for workers' compensation, etc. Town Attorney Andrew
McGuire concurred with Councilman McMahan's comments.
Mayor Nichols referred to the spraying section ($98,000) and noted that the contract called for two pre and
post sprays. He asked whether the contract would be reduced if one of the sprays was not done. Mr. Ward
responded that in that case, the money would not be spent since the work was on a per-acre basis and the
money would remain in Section 3.
Janet Lee readdressed the Council and said it would be helpful, especially with the proposed price tags, to
have some type of participation on the part of the landscaping contractors in the Town's recycling program,
if and when one was implemented. She recommended that this be part of the contract, that they would set
the example Town-wide and conform to the best recycling practices. She added that the Town might wish to
consider setting up a composting sample that would help citizens learn how to do that and noted that the
contractors might be very helping in providing materials for this use. She also discussed the proposed per-
hour figures and reported that the City of Phoenix pays their contractors between$10 and$15.00 an hour and
expressed the opinion that the proposed figure was high,based on past performance.
Councilman Kavanagh clarified that the$25.00 per hour figures takes into account three people.
Mayor Nichols thanked Ms. Lee for her comments and suggestions.
The motion CARRIED BY MAJORITY VOTE(5-1)with Councilman McMahan voting nay.
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AGENDA ITEM #6 — CONSIDERATION OF APPROVING A CONTRACT WITH MARIPOSA
HORTICULTURAL ENTERPRISES, INC. FOR THE ANNUAL LANDSCAPE CONTRACT (2005-
01)IN THE AMOUNT OF$278,750.
Parks & Recreation Director Mark Mayer provided the Council with an overview of staff's proposed
recommendation relative to the annual contract to cut the grass in the Town's parks.
Mr. Mayer stated that a number of years ago, a Councilmember suggested that the Town consider
consolidating the efforts of the Public Works, Parks & Recreation Departments, and the School District to
jointly enter into a contract for the maintenance of their respective grounds. He reported that this system had
been in place for a number of years. He said that as referenced earlier by Tom Ward, the Town had an issue
with the performance of an existing contractor and therefore voided the contract. He explained that the
extension that was granted earlier on the Consent Agenda was for tree trimming. He said that staff went out
to bid the contract, advertised in accordance with legal requirements, and the three bids received were
opened on June 1, 2005. He advised that the low responsible bidder was Mariposa Horticulture Enterprises,
Inc. in the amount of $278,750.00. He noted that the contract had been divided into three sections
(consolidated down from seven) and added that the tree sections include the mowing of public areas and
School District properties, palm tree trimming(a fairly specialized service), and over-seeding throughout the
Town's public areas. He reported that the initial contract would be in place for a single year and was
renewable for up to four additional years based on performance. He added that increases every year would
be based on the Consumer Price Index. Mr. Mayer advised that staff recommended awarding the annual
landscaping contract(2005-01)to Mariposa Horticultural Enterprises,Inc.
Vice Mayor Schlum MOVED and Councilman Archambault SECONDED a motion to approve the annual
landscaping contract(2005-01) in the amount of$278,750 to Mariposa Horticultural Enterprises, Inc.
In response to a question from Councilman McMahan, Mr. Mayer advised that TrueGreen was the previous
contractor and their contract would run through the end of this month.
Councilman Kehe reiterated his comments regarding the responsibilities associated with The
Groundskeeper's bid (significant difference in cost) but said that he had no objection to approving staff's
recommendation.
The motion CARRIED UNANIMOUSLY(6-0).
AGENDA ITEM #7 — CONSIDERATION OF WAIVING THE HILLSIDE DISTURBANCE
REQUIREMENTS FOR GRAVITY SEWER LATERALS AND 15837 AND 15841 TEPEE DRIVE
AS REQUESTED BY THE FOUNTAIN HILLS SANITARY DISTRICT.
Town Engineer Randy Harrel provided the Council with a brief overview of this agenda item. He noted that
the Ron Huber, Manager of the Fountain Hills Sanitary District, which is a separate entity from the Town,
had requested that the Town's Hillside Protection requirements for gravity sewer laterals for homes at 15837
and 15841 Tepee Drive be waived. He explained that this would allow gravity sewer laterals to run to the
rear of the lots, instead of necessitating pumped sewage piping to the streets, without detriment to the
allowed building area shown on building permit plans distributed to the members of the Council.
Mr. Harrel explained that in order to accomplish this, they would have to go through a Hillside Protection
Easement area and this required Council approval. He advised that staff recommended approval of the
request subject to a stipulation that the areas outside of the lot disturbance areas be revegetated, in
accordance with the subdivision ordinance.
Councilman McMahan MOVED and Vice Mayor Schlum SECONDED a motion to approve the request for
a waiver on the hillside disturbance requirements for gravity sewer laterals at 15837 and 15841 Tepee Drive.
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Councilman Kehe commented that there was a"certain sanctity"to the Hillside Protection Easement and said
he was uncomfortable voting to make exceptions to it on a Consent Agenda and that was why he requested
that it be placed on the Action Agenda to allow for some questions and discussion to take place. He pointed
out that they were requesting that an additional disturbance be allowed that would have been prohibited
under ordinary circumstances and under the HPE. He noted that there were currently three homes below
street level on Tepee and said he would like to know how they were dealt with. He added that there was
another home that had a similar situation off Boulder at the intersection of Tepee that was much below street
level. He asked what impact approval of this request would have on a community-wide basis. He added that
similar situations might arise in the future. He pointed out that there was a suggestion to make these
decisions at the staff level without bringing them to Council and stated that he would oppose this
recommendation.
Mr. Harrel responded that the three existing homes he might be referring to did have a gravity sewer out the
back to the wash. He added that several of the homes in that area were built prior to the enactment of the
current HPE and noted that in the past they could only disturb four times the footprint of the house, a much
less restrictive standard.He said that regarding the intersection of Boulder and Tepee(north side), he was not
really familiar with that but believed that that actually went to Boulder. He also addressed the number of
future occurrences and advised that a mapping had been completed and there were two possible ways to
access the sewer. He reported that there were 91 vacant lots in Town that had two possible ways to access
the sewer and one of which was not in a street or immediately to the side of the house. He said that staff did
not know at this point how many would actually want to go somewhere other than to the street, perhaps 30 to
50, over the next twenty years. He added that it was possible to bring each of those before the Council but
said it might be a good idea to determine what criteria they wanted to use and how those decisions should be
made.
Councilman McMahan questioned if it was always preferable to go gravity flow rather than getting into the
problem of lift stations. Mr. Harrel responded that that was true and said that gravity was also much more
reliable that utilizing pump stations.
Councilman Kehe stated that there was a HPE in place and they needed to determine how decisions were
going to be made regarding requests for waivers.
Mr. Huber addressed the Council and advised that pertaining to the two lots, the flow to the wash would
occur in the rear.
Councilman Kavanagh advised that in his last residence back east, based upon the topography of his lot, he
was required to have his leeching field higher that his tanks. He said that in addition to substantial additional
expense for the pumping situation, he noticed in the Town Report that there was also a reference to the
increased potential for problems with the pump system and reminded everyone that this was a great hazard.
He explained that about every two to three years his pump failed and resulted in significant odor. He noted
that the ground was going to be disturbed no matter which way they went but said that the health issue was
an important one to consider and gravity should be the preferred way to go as long as there was no additional
disturbance beyond the line.
Councilman Archambault commented on the fact that the residents had already designed their residences
with lift stations in place and asked if this was a Town requirement. Mr. Harrel responded that that was just
the way they were submitted because of the HPE. Mr. Harrel said that these two particular lots were
replatted and the HPE was added at that time. Councilman Archambault stated that, as a contractor, they
were always taught that the most strict always applied so when they looked at ordinances or codes,especially
building codes, and they had a "catch 22" or a conflict of interest, they were always told that the "stricter"
Lir applies. He added that Councilman Kavanagh made a very good point and although the lift station would be
the stricter method, he believed that would minimize the health hazards that would apply. He said if he were
the contractor he would say that it would be much safer to go down the other end. He noted that even if a
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citizen were making the request rather than an entity, he would still vote to give him/her the right to disturb
the HPE.
Mr. McGuire advised that he spoke with Mr. Huber earlier today about the conflict and future potential
requests and Mr. Huber would not sign off on plans for a pump station, they would only sign off on gravity
flow down the lines. He added that because the Town did not control the sewer system, there was an
inherent problem, and when it came to a battle of highest and best use, he believed that the sanitary sewers
would win out over hillside protection. He commented that their decision might place the Council "in the
line of fire" when there was not as much flexibility as they might like to have. He stated that even if the
Council would like to keep these cases at their level, staff would like to address having some type of criteria
developed that addressed revegetation and other similar concerns.
Mayor Nichols said that this evening's request just dealt with the two properties and the other issue,
regarding having requests administratively handled, they could request that the Town Manager look into the
matter and present some criteria for the Council to consider at a later date.
The motion CARRIED UNANIMOUSLY(6-0).
AGENDA ITEM#8—COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS
FOR FUTURE MEETINGS.
None.
AGENDA ITEM#9—COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Councilman Kavanagh said that not too long ago he, and perhaps the entire Council, was alerted to a
development in Fire Rock concerning the possibility of a future home being subjected to what is called
"fractional ownership". Mayor Nichols commented that he was referring to Sunridge Canyon. Councilman
Kavanagh explained that this was similar to a time-share but for a house. A house was typically purchased
and there were 13 shares created, 12 people were then allowed to each buy a share that gave them the right to
a certain amount of time per year with the additional share going to the company that managed it. The
individual shareholders also pay a maintenance fee like they do at a resort. He expressed the opinion that
this represented a threat to the way of life in Fountain Hills and requested that staff investigate the matter and
bring back to the Council possible recommended methods of restricting this type of development to the
appropriate areas of Town (where hotels are located,commercial areas,etc.)
Mayor Nichols concurred with Councilman Kavanagh's remarks and agreed that staff should look into this
important issue.
AGENDA ITEM#10—SUMMARY OF COUNCIL REQUESTS BY THE TOWN MANAGER.
Mr. Pickering stated that staff would look into establishing criteria regarding the gravity flow sewers and
making HPE decisions. He added that they would obtain information regarding recycling as well as
fractional ownerships and restrictions.
Mayor Nichols advised that there were discs left by the Attorney General and encouraged the citizens to
obtain one. He added that others could be obtained if requested. He said that tomorrow he would be part of
a contingent of 14 people leaving to visit Dierdorf, Germany, to finalize their second Sister City program.
He stated that the cost of the trip was paid by for individually by the participants.
L
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AGENDA ITEM#11 —ADJOURNMENT
Councilman Archambault MOVED and Vice Mayor Schlum SECONDED a motion to adjourn at 7:51 p.m.
11
TOWN OF F NilkIN HILLS
By / ''_
Wal y Nichols, yor
ATTEST AND
PREPARED BY: iikiAdm
Bevelyn J. n s Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session
held by the Town Council of Fountain Hills on the 16th day of June 2005. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 7th day of July 2005.
Bevelyn J. Be er own Clerk
Ler
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