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HomeMy WebLinkAbout2005.1201.TCREM.Minutes •
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TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Lre December 1,2005
Mayor Nichols called the meeting to order at 5:11 p.m.
AGENDA ITEM#1—VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S.38-431.03.A1,
FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT,
PROMOTION DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A
PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY BODY, EXCEPT THAT, WITH THE
EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY
DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE
PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN
NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-
FOUR HOURS FOR THE OFFICER,APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER THE
DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY
PARKS AND RECREATION APPLICATION APPLICANT INTERVIEWS.)
Vice Mayor Schlum MOVED to convene the Executive Session and Councilman McMahon SECONDED the
motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:25 p.m.
AGENDA ITEM#2—RETURN TO REGULAR SESSION
Mayor Nichols reconvened the Regular Session at 6:31 p.m.
(iit se INVOCATION—Pastor Jim Fitz, Fountain Hills Community Church.
ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Archambault, Mayor Nichols, Councilman Kehe, Councilman Kavanagh, Vice Mayor Schlum and
Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, and Town Clerk Bev
Bender were also present.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) The Mayor will introduce Maricopa County District Attorney Andrew Thomas, who will speak on current
issues that affect Fountain Hills' residents.
Mr. Thomas provided a synopsis of the duties that are carried out in the County Attorney's office and noted that the
office is the Chief Prosecutor's office for Maricopa County, the fourth largest county in the United States with over
3.5 million people. He noted that the office employs over 300 attorneys and 1,000 employees and they prosecute
the major crimes that are committed in the County. He provided brief statistics relative to the various cases that are
filed. He emphasized the importance of ensuring public safety and said that the current motto of the office is "Let
Justice Be Done".
Mr. Thomas discussed crime statistics; the fact that his office had ended plea bargaining, for the most part, for the
more serious offenses committed in the County and plans to enhance the program; auto theft and property crimes;
reported that Maricopa County leads the nation in identify thefts and said that they were targeting this area with
"stepped up" prosecution. He discussed educational programs that had been developed to help citizens avoid
becoming a victim of this crime and noted that there was information on the website. He said that his goal is to
ensure a safe, high quality of life in Maricopa County and thanked the Council for the opportunity to address them
and the citizens of Fountain Hills.
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Councilman Kavanagh commented on efforts expended by the office to track down some non-citizens who had
registered to vote by utilizing "jury questionnaires" and Mr. Thomas expanded on this program and the importance
of eliminating voter fraud.
In response to aquestion from the Mayor as to whyMaricopa Countyleads the nation in identitytheft crimes, Mr.
'411)
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Thomas reported that this was a result of a number of factors. He said that Maricopa County represented the
"perfect storm" for rampant identity theft and discussed the County's serious methamphetamine use problems; the
fact that illegal immigrants seeking false identities pay the addicts to provide them this service; and a number of
additional factors. He emphasized that this was a"vicious circle"that must be stopped.
Mayor Nichols thanked Deputy Attorney Thomas for his informative presentation and efforts on behalf of the
citizens of the Town and presented him with a token gift.
CALL TO THE PUBLIC
There were no citizens wishing to address the Council at this time.
CONSENT AGENDA
AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM NOVEMBER 8,2005.
AGENDA ITEM #2 — CONSIDERATION OF CANCELLING THE THURSDAY, DECEMBER 15, 2005
COUNCIL MEETING DUE TO THE 35`"ANNIVERSARY CELEBRATION OF THE FOUNTAIN
AGENDA ITEM #3 — CONSIDERATION OF RESOLUTION 2005-59, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY AND WESTERLY PROPERTY LINE OF,410)
PLAT 505C, BLOCK 2, LOT 7 (16606 N. KIM DRIVE) AS RECORDED IN BOOK 158 OF MAPS,PAGE
42,RECORDS OF MARICOPA COUNTY,ARIZONA WITH STIPULATION. EA05-22(HATTING)
AGENDA ITEM #4 — CONSIDERATION OF APPROVING A TEMPORARY USE PERMIT FOR A
FARMERS MARKET TO BE LOCATED AT 16810 AVENUE OF THE FOUNTAINS, AKA EXECUTIVE
SUITES,ON THURSDAYS,3:00 P.M.TO 7:00 P.M. CASE#TU2005-17.
AGENDA ITEM # 5 — CONSIDERATION OF APPROVING THE RE-PLAT OF THE FINAL PLAT OF
"FOUNTAIN CREST II CONDOMINIUMS," A 7-UNIT CONDOMINIUM PROJECT, LOCATED AT
16644 E.WESTBY DRIVE,AKA PLAT 1-2,BLOCK 1,LOT 4. CASE#S2005-20.
AGENDA ITEM #6 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT WITH FIVE
STAR FORD FOR A HYBRID FORD ESCAPE VEHICLE IN THE AMOUNT OF$27,747.89.
AGENDA ITEM #7 — CONSIDER ACCEPTANCE OF THE DONATION OF ASSETS FROM SENIOR
SERVICES OF FOUNTAIN HILLS, INC., AS PART OF THE CONTINUED TRANSITION OF SENIOR
SERVICES TO THE TOWN.
AGENDA ITEM #8 — CONSIDERATION OF APPROVING RESOLUTION 2005-62, REPEALING
RESOLUTION 2005-58 AND PROVIDING NOTICE OF THE REGULAR (PRIMARY/GENERAL
ELECTION) ELECTIONS; ESTABLISHING POLLING PLACES AND THE TIMES THAT SUCH
POLLS WILL BE OPEN; DESIGNATING THE ELECTION DATES AND PURPOSE OF ELECTION;
DESIGNATING THE DEADLINES FOR VOTER REGISTRATION; AND DESIGNATING THE PLACE
AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS.
Vice Mayor Archambault MOVED to approve the Consent Agenda as read and Councilman McMahan
SECONDED the motion.
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A roll call vote was taken with the following results:
Councilman Kehe Aye
Vice Mayor Schlum Aye
Councilman Kavanagh Aye
Mayor Nichols Aye
Councilman McMahan Aye
Councilman Archambault Aye
The motion CARRIED UNANIMOUSLY (6-0).
ACTION AGENDA
AGENDA ITEM #9 — ACTION AND CONSIDERATION OF RESOLUTION 2005-18, ADOPTING THE
TOWN OF FOUNTAIN HILLS STRATEGIC PLAN 2006-2010 DATED NOVEMBER 22, 2005,
ESTABLISHING THE STRATEGIC PLANNING ADVISORY COMMISSION AND ADOPTING
BYLAWS FOR ITS GOVERNANCE.
Town Manager Tim Pickering stated that Phillip Blackerby, who has been the Town's leader throughout this
process, would provide a brief overview of the process and present the Action Plan to the Council. Mr. Pickering
acknowledged the huge amount of volunteer work that had gone into this project and noted the presence of
members of TAC in the audience.
Mr. Blackerby, the Project Manager for the Town of Fountain Hills Strategic Planning Process, introduced the
members of the Technical Advisory Committee (TAC) present in the audience and the Mayor, Council, and
members of the audience applauded them on their efforts. Mr. Blackerby provided background information and
highlighted a brief PowerPoint presentation on the Strategic Plan (copy on file in the Town Clerk's Office).
Vice Mayor Schlum MOVED to approve Resolution 2005-18 and Councilman Kehe SECONDED the motion.
Councilman Kavanagh questioned the use of the wording "champion the Town's Strategic Plan" and said that he
fully supported the plan and recognized the importance of having a Commission in place to keep the Council
informed. He cautioned against stepping over the line and instead of informing/educating/reporting to people about
the plan, advocating what the particular goals were. He noted that all of the Town's commissions served in an
advisory capacity. He recommended that the wording be changed to "publicize the Town's Strategic Plan" and
stated the opinion that `publicize' was a more appropriate word.
Councilman Kavanagh MOVED to amend section II (A) change in the wording from "champion the Town's
Strategic Plan"to "publicize the Town's Strategic Plan". Councilman McMahan SECONDED the motion.
Councilman Kehe requested that Mr. Pickering define "championing" in this sense and Mr. Pickering explained
that the individuals who were on the Strategic Planning Advisory Commission would educate other individual
regarding the contents of the plan and would continue to advise new individuals who came to Town. He added that
this would help ensure that the plan did not"sit on the shelf' and stressed the importance of having the plan remain
active. He said that he did not object to the changing of the language and reiterated the importance of keeping the
plan alive.
Discussion ensued relative to changing the words to read, "proactively publicize"; members' opinion that the word
"champion" was appropriate; Councilman Kavanagh's comment that the wording could stand as long as everyone
was aware of the fact that the Commission would not be politically lobbying for issues in the plan. Councilman
Kavanagh said that as long as there was a "legislative record" showing that that would not be their intent, he was
willing to allow the language to remain as stated.
Mayor Nichols said that the Council did not have to vote on the motion or second, which were withdrawn.
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Councilman Kavanagh stated that he did have some concerns regarding constraints on the members and noted that
only particular types of individuals could be members. He added that there did not seem to be much room for just
"general citizens" and referred to the qualifications of the members as depicted on Page 8 of the presentation. He
expressed the opinion that the language would restrain future Councils and although the criteria lists
qualities/background that they would like the members to have, he did not believe that they should specifically say
"you have to fill the slots with these particular pegs" because they might not be able to find enough people to do
that and they might want to have people on the Commission who did not necessarily have all of the qualifications
as listed, but would still be outstanding members. He stressed the importance of giving the current and future
Councils more leeway in filling the seats and noted that they were not as specific regarding the qualifications for
other Commission members.
Councilman Kavanagh MOVED that the language be amended as discussed.
Councilman Archambault asked for a clarification on the language and Mayor Nichols stated that the language
would be amended to state that the membership language stated that the membership (with the exclusion of the one
youth member) is "recommended but not limited to the following:"
Mr. Pickering clarified that the language would read, "Furthermore, the other remaining six voting members are
recommended but not limited to..."
Councilman Archambault SECONDED the amendment.
Councilman Kehe emphasized the importance of recognizing the high quality of expertise available in the Town in
those areas and said that before they "opened it up" they should really consider this point. He added that over the
course of the years they had found that expertise in the various fields was critical to the successful operations of the
Commissions.
The Vice Mayor concurred with Councilman Kavanagh's comments and Councilman Kavanagh noted that they did
,...)not always have a large pool from which to pull.
Mayor Nichols also agreed with Councilman Kavanagh's remarks and said that as a Council they had to look down
the road to ensure that they did not hinder future Councils. He agreed that with the available talent in Town, they
would not have any problem filling the slots with qualified individuals.
The Mayor called for a vote on the amendment, which CARRIED BY MAJORITY VOTE (5-1) with
Councilman Kehe voting Nay.
The Mayor called for vote on the amended motion, which CARRIED UNANIMOUSLY(6—0)
Mayor Nichols thanked staff and the members of TAC for their hard work and effort and said that the Plan was a
great step forward for the Town of Fountain Hills.
Mayor Nichols added that one of the items on the Consent Agenda that was approved was an item to cancel the
December 15th Council meeting. He explained that they were going to be holding the Fountain's 35th birthday
celebration and invited everyone to attend at 6:30 p.m. at Fountain Park in the playground activity area. He noted
that they would have some wonderful activities and presentations. He said that the Fountain would be at "full
thrust" (560 feet) for an entire hour and added that this would be an exciting family event.
AGENDA ITEM #10 - 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: ,44)
None.
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Mr. Pickering advised that a public hearing on the development fees would take place on December 13th. He added
that there would also be one item on the agenda regarding health insurance and explained that this must be done
before the end of the year.
AGENDA ITEM#11—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
None.
AGENDA ITEM#12—ADJOURNMENT
Councilman Archambault MOVED that the Council adjourn and Councilman McMahan SECONDED the motion,
which CARRIED UNANIMOUSLY. The meeting adjourne t :30 p.m.
TOWN OF FOU I LLS
By
Wally Nic s, ayor
ATTEST AND
PREPARED BY:
Bevelyn J` ex er,Town Clerk
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 1st day of December 2005. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 5th day of January, 2006.
Bevelyn er,Town Clerk
Lir
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