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HomeMy WebLinkAbout2006.0907.TCREM.MiutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE iaw FOUNTAIN HILLS TOWN COUNCIL September 7, 2006 Mayor Nichols called the meeting to order at 5:07 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 THE TOWN MANAGER'S ANNUAL PERFORMANCE EVALUATION); AND (ii) PURSUANT TO A.R.S. §38-431-03.A.3 FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY. (SPECIFICALLY. A TAXPAYER REFUND.) Councilmember Archambault MOVED to convene the Executive Session and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:28 p.m. AGENDA ITEM #2 — RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:35 p.m. INVOCATION — Pastor Tom Daly, Trinity Lutheran Church. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Councilmember Dickey. Town Manager Tim Pickering, Town Attorney Andrew McGuire, Parks & Recreation Director Mark Mayer and Town Clerk Bev Bender were also present. MAYOR'S REPORT (i) Mayor Nichols will read a proclamation in remembrance of the September 11, 2001 terrorist attacks. Mayor Nichols read a proclamation in remembrance of the September 11, 2001 terrorist attacks and said that the attacks took the lives of a great number of Americans in New York City, Washington, D.C. and Pennsylvania. He stated that firefighters, rescue personnel and law enforcement officers responded with unmatched bravery and many sacrificed their own lives to save others on that day. The Mayor noted that the entire nation had responded to that tragedy by ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 1 of 10 pursuing an end to terrorism world wide and focusing on homeland security. The Mayor proclaimed that the citizens of Fountain Hills join the rest of the nation on this eventful day by *41W honoring the memory of those who perished on September l It" and renewing our commitment to security in our nation and peace and justice in the world. He also called upon all Fountain Hills' residents to acknowledge law enforcement and fire personnel who protect and defend them 24/7. (ii) Mayor Nichols will read a proclamation commending Maricopa County Deputies Julie White and Mike Lawson and Detectives Tony Rodarte and Ken Lignoski for their dedication and commitment to the citizens of Fountain Hills and surrounding communities. Mayor Nichols advised that following a discussion and recommendations from Captain Kleinheinz and Chief LaGreca, the Town was not planning to have a public ceremony on this September lltn and instead was going to wait until the 10`t' anniversary of the 9-11 tragedy. He said that instead, they were going to have a ceremony here this evening to intimately recognize those officers and fire/EMS personnel who had gone above and beyond. Mayor Nichols advised that on May 16, 2006 Deputies Julie White and Mike Lawson of the Maricopa County Sheriff's Office observed a car pulling out of the Town's downtown business area and subsequently stopped the car for a traffic violation. He said that they observed unusual items in the back seat of the vehicle and radioed for another deputy to check the business area from which the car had pulled onto the street. He added that it was subsequently determined that four businesses had been broken into and the driver of the vehicle was arrested when it was determined that the property in the car came from the businesses that had been broken into. He noted that MCSO detectives Tony Rodarte and Ken Lignoski compared notes with other Phoenix area police agencies and learned that many of the burglaries had occurred utilizing a similar method of entry. Surveillance and search warrants ultimately led to the additional arrest of an accomplice in the burglary and the recovery of a great deal of stolen property. The Mayor reported that the arrest made in this case would solve approximately 93 burglaries in the greater Phoenix metropolitan area and said it was his honor to proclaim the gratitude of the Town of Fountain Hills for the valiant police work and dedication of all of the individuals listed above. The Mayor requested that all four individuals come forward and he presented them with a copy of the Proclamation and a Fountain Pin in recognition of the good work they all performed. Mayor Nichols advised that Sheriff Arpaio could not be present this evening because of a conflict and said that he had asked that second in command of the Sheriffs Office, David Hendershot, attend this evening's meeting and he readily agreed. The Mayor thanked him for his attendance and for all of the work the Sheriff's Office does for the Town of Fountain Hills. Chief Deputy Sheriff Hendershot commended all public safety personnel on their heroic efforts and emphasized that "teamwork" was what puts it all together. He said that it was a great honor to be present and thanked the Council and citizens of Town of Fountain Hills for their ongoing support. (iii) Mayor Nichols will read a proclamation recognizing Fountain Hills Rural/Metro Firefighters Captain Bryan Golden, Firefighters Mike McCarthy, Bill Murphy, Steve Vohs; and Medics Russ Yeskin and Will Young, for their life saving actions on May 2, 2006 at the Eagle Mountain Golf Course. ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 2 of 10 Mayor Nichols advised that on May 2, 2006 at 3:54 p.m. the above listed personnel were dispatched to a cardiac arrest call on the 17`t' green of Eagle Mountain Golf Course. Upon arrival, %W they found that a nurse from California had performed cardio-pulmonary resuscitation and deployed an AUD on the gentleman who had experienced the cardiac arrest. The Mayor said that they stabilized the patient and then removed the patient from the green and placed him in an ambulance. He added that they continued life saving procedures under the direction of the base hospital and the doctor and transported the patient to Scottsdale Memorial Hospital. He stated that the patient survived the incident thanks to the joint efforts of a vacationing nurse, citizens, staff and fire personnel. The Mayor commended all of the individuals listed above for their heroic efforts and proclaimed the gratitude of the Town for their dedication. He asked those individuals to come forward with their Chief and presented them with copies of the Proclamation and a Fountain Hills pin in recognition of their outstanding efforts. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Recognition of a public official by the Arizona Parks and Recreation Association. Town Manager Tim Pickering advised that the Town of Fountain Hills was recently honored at the 2006 Annual Education Conference of the Arizona Park and Recreation Association and presented two outstanding awards. He said that the Town was presented with the "Outstanding Community and Neighborhood Special Event" award, which recognized the Town of Fountain Hills' Chamber of Commerce and the Town's Parks and Recreation Department for the St. Patrick's Day celebration as well as the "Outstanding Public Official" award, which recognizes Mayor Nichols for his support of the community, including its youth and park development. Mr. Pickering introduced Parks & Recreation Director Mark Mayer who discussed the two awards bestowed upon the Town of Fountain Hills and emphasized that approximately 200 communities across the State (over 1,000 members) participate in the Association. He noted that the Town of Show Low's Channel 4 team prepared a tape, which was shown at the conference, and aired a portion of the video that highlighted Mayor Nichols. Mr. Mayer introduced Judy Weiss, Scottsdale's Park & Recreation Director, who was present to represent the Arizona Park and Recreation Association. Ms. Weiss presented some brief remarks relative to the award, invited Mayor Nichols to approach the front of the dais and presented him with the award. Ms. Weiss commended the Mayor on his outstanding efforts on behalf of the entire community. Mayor Nichols thanked the Association for the honor and expressed appreciation to all of the citizens, staff members and organizations who work as a team to enhance the quality of life for all of the Town's residents. Ms. Weiss also recognized Chamber of Commerce Executive Director/CEO Frank Ferrara and Lee Robinson on their organization's efforts in hosting the outstanding St. Patrick's Day celebration. She presented them with the award and thanked them for their outstanding work. CALL TO THE PUBLIC None. ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 3 of 10 CONSENT AGENDA ,%W AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING_ _MINUTES FROM AUGUST 8 AND AUGUST 17, 2006. AGENDA ITEM #2 — CONSIDERATION OF APPROVING A PRELIMINARY AND FINAL PLAT FOR THE NISSEN CONDOMINIUMS, A TWO -UNIT CONDOMINIUM PROJECT LOCATED AT 12239 N. CHAMA DRIVE, AKA PLAT 206, BLOCK 5. LOT 6. CASE #S2006-15. AGENDA IT_EM #3 — CONSIDERATION OF RESOLUTION 2006-49, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 111, BLOCK 7, LOT 11 (16637 E. ASHBROOK DRIVE) AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. EA06-10 (HENKE). AGENDA ITEM #4 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT WITH FIVE STAR FORD FOR ONE (1) 4X4 FORD ESCAPE HYBRID AND (1) 4X2 FORD ESCAPE HYBRID IN THE TOTAL AMOUNTOF $58101.26. AGENDA ITEM # 5 — CONSIDERATION OF RESOLUTION 2006-39, AMENDING THE WASH MANAGEMENT AND MAINTENANCE POLICY ADOPTED BY RESOLUTION 2001-33, RELATING TO LAW ENFORCEMENT DUTIES IN TOWN -OWNED WASHES. Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Archambault SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Kehe Aye Councilmember Schlum Aye Councilmember Leger Aye Councilmember Dickey Aye Mayor Nichols Aye Councilmember McMahan Aye Councilman Archambault Aye The motion CARRIED UNANIMOUSLY (7-0). ACTION AGENDA AGENDA ITEM #6 — CONSIDERATION OF ORDINANCE 06-20. AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 11, OFFENSES, BY CREATING A NEW SECTION 11-1-15. USE OF TOWN -OWNED WASHES. Mr. Pickering advised that Lieutenant John D'Amico from the Maricopa County Sheriff's Department was present to provide an overview of the proposed change. Lt. D'Amico advised that the proposed resolution would allow the establishment of a method for controlling illegal use of Town -owned washes. He noted that there had been recent problems with transients camping/living in the washes and said there were no ordinances "on the books" to help the Department control these situations. He explained that the proposed resolution and ordinance ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 4 of 10 would address that concern as well as other concerns associated with trespassing. He stated that the resolution/ordinance would be a tool utilized by law enforcement to curb incidences when �%r washes were utilized by individuals who loiter, criminally damage underpasses with graffiti and move within the Town unobserved after curfew. It would allow those individuals to be cited in the Town's municipal court rather than the County's juvenile system. The Lieutenant emphasized that this would allow citizens of the Town who wish to utilize the washes to do so in safety. Councilmember McMahan MOVED to approve Ordinance 06-20 and Councilmember Leger SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 — CONSIDERATION OF DIRECTING STAFF TO RESEARCH PARKING CONDITIONS ON THE WEST SIDE OF HAMPSTEAD BLVD., FROM PALISADES TO HYDE PARK. Mr. Pickering advised that Councilmember Dickey brought this item forward. Councilmember Dickey said that she had requested that staff investigate parking conditions along the west side of Hampstead Boulevard from Palisades to Hyde Park. She advised that the neighbors who live on Hampstead whose homes pre -dated the school requested that she pursue this matter when she was a School Board member and she had written a letter in her capacity as President at the time to the Mayor and Council (in 2002) but nothing progressed. She noted that one of the streets, Stancrest, did get blocked off and parking restrictions were initiated on that street during the process. She added that neighbors continue to have concerns regarding safety issues and advised that the Strategic Plan also specifies renewed attention to pedestrian safety. She advised that the high school Resource Officer maintains security for vehicles while they were in the parking lot, ensuring compliance with school rules and the cars obviously park on the street. Four Peaks and McDowell Mountain both had restrictive parking around their campuses and yet the high school was the only place where students could potentially park all day. She said that her request was for staff to come back with some recommendations regarding this important safety issue that either allowed it to remain as is or implement some restrictions from 7:00 a.m. until 3:00 p.m. She stated that she was seeking some consistency in school zoning parking policies or an explanation of why there should be any exceptions to that in this area. Councilmember McMahan stated the opinion that Councilmember Dickey's suggestion was a good idea because there was a lot of high school student parking in the area. Councilmember Schlum thanked Councilmember Dickey for bringing this issue to their attention and said it did fall along the lines of the Strategic Plan. He suggested that during the Town's next joint meeting with the School District that this might be an item for discussion. He added that there was definitely a need for the School District and the Town to work together on this important matter. Mr. Dale Schultz, 14059 N. Hampstead Drive, addressed the Council relative to this agenda item and advised that on October 20`h he submitted a petition to restrict parking on Hampstead Drive (both sides). He said that Councilmember Dickey had presented the residents' point of view clearly. He added that he performed an informal survey among the residents at that location and ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 5 of 10 everyone was very excited about the possibility of restricting the parking. He commented on incidents/accidents that had occurred at that particular location. He advised that he had spoken ,, with the previous School Superintendent Walt Dunn and said that this parking issue was present even before construction of the school began. He reported that the residents were advised that there would not be any parking on this street and adequate parking would be provided on the school's property. He urged the Council to support Councilmember Dickey's recommendations and enhance safety in the area for the students as well as the residents in that area. Mayor Nichols thanked Mr. Schultz for his comments. Mayor Nichols MOVED that staff be directed to research the matter and bring back recommendations for Council consideration and possible action. Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #8 — CONSIDERATION OF AWARDING GRANTS ON OCTOBER 19 2006, NOT TO EXCEED $50,000 IN THE AGGREGATE, APPROPRIATED FOR SUCH PURPOSE IN FISCAL 2006-2007, COMMUNITY -BASED NON-PROFIT ORGANIZATIONS WHOSE ACTIVITIES CONTRIBUTE TO THE PUBLIC GOOD. Mr. Pickering advised that Vice Mayor Kehe had asked that this item be placed on the agenda. Vice Mayor Kehe said that on June 1, 2006 the Council approved as part of the budget $50,000 to be granted to community agencies in need that contribute to the public good. This was supplemental to three other grants that had been made to the Chamber of Commerce, the Community Theater and the Boys & Girls Club totaling $275,000. On August 8"', the Council met in a Work Study Session for the purpose of determining action on the disbursement of the $50,000 as well as to consider a proposed process to be applied beyond the current budget year. The two were separate entities and the Vice Mayor clarified that he was discussing only the $50,000 supplemental grant. He referred to the draft minutes of the August 8`h meeting (the second to the last paragraph) "Mayor Nichols advised that he would like to provide the public notice of the fact that $50,000 was available in a fund and people could apply for it by a certain date. He added that a Committee would be formed to go over that and additional requests might be received. He said that in this way, no one could say they did not have a shot at the money. He stated that if they did not publicize that the funds were available and the Council just went with the two agencies that submitted requests, people could say that the process was unfair. " Vice Mayor further read "it was the consensus of the Council that they proceed as outlined by the Mayor. " The Vice Mayor stated that he had the definite indication at that meeting that the disbursement of the $50,000 was an item that Councilmembers wished to handle with dispatch and when no advertisement appeared in the paper by the 30`h of that month, he informed the Town Manager that he would submit either later that day or the next an agenda item relating to the $50,000 grants and he did. Vice Mayor Kehe noted that his sole motivation was to move the process forward. He stated that he would like to call the Council's attention to the fact that the agenda item that he submitted with the support of Councilmembers Dickey and McMahan was a consideration of awarding grants on October 19`h, not to exceed $50,000 in the aggregate, appropriated for such purposes in Fiscal Year 06-07 to community based non-profit organizations whose activities contribute to the public good. He indicated eight stipulations, which represented the process by which those grants would be distributed. He said that for the benefit of the public, he would like to read those stipulations: (1) The Town Manager shall place announcements in September 13't', 20"' and 27t' issues of the Fountain Hills' Times inviting letters of application for aid for ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 6 of 10 community organizations; (2) Applications must be signed by the ranking organization officer and received by the Town Clerk by 5:00 p.m. on Wednesday, October 4`h; (3) Letters of application shall include a description of the organization, the amount requested and the specific purpose for which the funds would be used, including how this purpose would serve the public good, the current year budget and the most current financial statement; The two applications submitted earlier in good faith shall be deemed to have met the requirements of this stipulation; (4) Applications shall be submitted to a review team consisting of two citizens appointed by the Town Manager, the Town Clerk, the Town Finance Director and one Councilmember whose function shall be to recommend grant recipients and amounts to the Town Council from qualified applicants. The team shall meet between the dates of October 5ffi and October 11`t'. Not withstanding the above recommendation, all applications shall be available for inspection by Councilmembers; (6) The Council shall either accept, reject or amend the recommendations presented at their Regular October 19'' meeting; (7) Each recipient organization shall submit to the Town Council a certified financial report at the end of its fiscal year, which clearly indicates how the grant was utilized, and (8) This process shall apply to fiscal year 2006-07 only unless extended by subsequent Council action. Vice Mayor Kehe stated that the stipulations established a process and incorporated all of the items that the Council had discussed at various times relative to the proposed grants. He added that they provided for the notification of all community agencies that might be interested. They established a review committee, provided for final action by the Council and there was accountability. He noted that the agenda item he proposed ended with the eight stipulations and he noted to his surprise that there was an additional addendum that he had nothing to do with so he would ask the Council to focus on the agenda item that he read and the eight stipulations that establish a process. He stated the opinion that this contains what he believes the Council wanted — this particular grant money would be determined by October W' and distributed thereafter. It provided a logical sequence, was not cumbersome, they were not "reinventing the wheel," and it was very straightforward and simple. Vice Mayor Kehe MOVED that the Council favorably move forward on this item and Councilmember McMahan SECONDED the motion. Councilmember Schlum stated that it appeared that what was added by staff was for the main part items that the Council had already gone over and an example of an application. He said that there was not much added in the way of processes and generally followed the same tone. He asked for input relative to items that might not be suggested based on the Vice Mayor's statements and said that what the Vice Mayor had suggested in his e-mail was right in line with Town staff's proposal. Mr. Pickering responded that what staff wrote was written before the Vice Mayor's e-mail and was the process that staff had originally laid out. He clarified that the only difference between the two processes was the amount of questions on the application. He said that if the Council would like to reduce the amount of questions that could easily be accomplished. Councilmember Schlum commented about groups and/or organizations, and asked whether they talking about them being a local group/organization (a specific Fountain Hills group). The Vice Mayor responded that it said a "community based non-profit organization." Mr. Pickering stated that he would like to clarify for the Council that requests from non -Fountain Hills community based organizations were received on a consistent basis, many from Phoenix ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 7 of 10 that provide homeless services that the Town did not currently have. He said that if the Council only wanted Fountain Hills' organization that was one of the questions that staff had written (where is the organization's location?). He added that if they want local stipulated, that was fine. The Vice Mayor said that he had no opposition to adding "Fountain Hills' community based organizations." Councilmember Schlum asked the Vice Mayor whether he had reviewed the application process and was comfortable with it and what staff had added beyond his suggestions. He added that the only changes he could find had to do with the application itself. Vice Mayor Kehe responded that the four items he listed (under Letters of Application) were pretty comprehensive and basically cover what was included in the fifteen. He said he would have no problem if he were reviewing this, based upon the four items, to make an analysis of the worthiness of any particular application. He added that he had no problem utilizing the Letter of Application format that he previously outlined. Councilmember Dickey concurred with Councilmember Kehe's comments and said she believes they could get the kind of information they needed in his suggested format with the addition of the words "Fountain Hills' community based organizations. " Councilmember Schlum pointed out that the dates were fairly close and asked whether staff had any concerns with them. He said that he was comfortable with the Vice Mayor's points and agreed that they should add that the organizations must be community based serving Fountain Hills. Mr. Pickering reiterated that staff had prepared their proposal before receiving the Vice Mayor's e-mails and that was why the dates differ. Councilmember Schlum commented that the funds that were being made available were community funds and should be used to benefit the community. Councilmember Leger agreed with Councilmember Schlum's comments and suggested that item number one under the Vice Mayor's process be revised to include the community based language. He added the opinion that they also add the words "non-profit" — a Fountain Hills' non-profit community based organization serving in Fountain Hills. The Vice Mayor agreed with Councilmember Leger's suggestion. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 — SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. Mr. Pickering advised that staff would follow up on the two items that were just approved (parking report on the streets and starting the process for the $50,000). AGENDA ITEM #10 — ADJOURNMENT ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 8 of 10 Councilmember McMahan MOVED that the Council adjourn and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 7:36 p.m. ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 9 of 10 TOWN OF FOUNTAIN By W ATTEST AND PREPARED Ar p� • ' • CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Regular Session held by the Town Council of Fountain Hills on the 7th day of September 2006. I further certify that the meeting was duly called and that a quorum was present. DATED this 215t day of September, 2006. i ZACouncil Packets\2006\R9-21-06\09-07-06 Regular and Executieve Session.doc Page 10 of 10