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HomeMy WebLinkAbout2008.0904.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF EXECUTIVE AND REGULAR SESSION OF THE (1160, FOUNTAIN HILLS TOWN COUNCIL September 4,2008 • CALL TO ORDER—Mayor Schlum called the meeting to order at 5:05 p.m. ITEM#1-ROLL CALL AND 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, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE 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, FOR THE PURPOSE OF (A) REVIEWING APPLICATIONS RECEIVED FOR POSSIBLE SERVICE ON THE MUNICIPAL PROPERTY CORPORATION, AND (B) INTERVIEWING APPLICANTS FOR POSSIBLE SERVICE ON THE PLANNING AND ZONING COMMISSION)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, FOR LEGAL ADVICE REGARDING ZONING MATTERS). ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Vice Mayor Leger, Councilmember Hansen, Councilmember Archambault and Councilmember Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Loy Councilmember McMahan was excused from the meeting. Councilmember Archambault MOVED to convene the Executive Session and Vice Mayor Leger SECONDED the motion, which CARRIED unanimously by a majority of those present(6-0). Mayor Schlum recessed the Executive Session at 6:25 p.m. stating that the Council would reconvene in Executive Session after the adjournment of the Regular Session. ITEM#2-RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE—Mayor Jay Schlum Mayor Schlum called the meeting to order at 6:33 p.m. • INVOCATION—Pastor Jim Fitz,Fountain Hills Community Church • ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jay Schlum, Councilmember Contino, Vice Mayor Leger, Councilmember Hansen, Councilmember Archambault and Councilmember Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. • MAYOR'S REPORT—None • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 1 of 8 (i) Department Division Information Overview of Services Provided— Public Information Officer Katie Decker (Iiiw Public Information Officer Katie Decker presented information on current services utilized to provide information to the public,upcoming events, Channel 11 programming, Town publications and the exploration of a Town logo for marketing purposes (concept of branding). Councilmember Contino questioned why Community Events such as the Historical Society's poker event at Fort McDowell were not incorporated into the Town's website, stressing that it was a town event. Councilmember Archambault said it was unfair to compare a Historical Society event with a Town-sponsored shredding event. He also expressed concern that if the Website were opened to all organizations it could open a can of worms. Further discussion ensued relative to content appropriate for the Website, specifically the possibility of providing information on local events that were not necessarily Town-sponsored events. Mayor Schlum pointed out that there were many organizations and asked how staff determined which information was appropriate to be placed on the web. Councilmember Contino noted that the Town's website was paid for with public monies and they should look at what they were doing. Town Attorney Andrew McGuire shared the lengthy process that was taken to ensure content of Channel 11 matched guidelines for Cable licenses and FCC cases interpretations. He further stated these same guidelines were applied to the Town's Website. He suggested if the Council wished to provide more content on the Website for local organizations, the Council needed to provide direction and guidelines to staff. Mayor Schlum indicated his support for looking at this in the future as staff needed guidelines which were the Council's responsibility to provide. Councilmember Dickey thanked staff for the news clippings that were being provided and briefly spoke about the branding concept as a being an effective tool used by cities and towns. (,,. Town Manager Rick Davis stated that he would work with staff to draft a comprehensive policy for the Council's consideration that would address the use of all town media. CALL TO THE PUBLIC • There were no citizens wishing to speak. CONSENT AGENDA Mayor Schlum announced that Items 3 and 4 had been removed from the consent agenda and would be considered under the regular agenda at the request of Councilmember Hansen. AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM AUGUST 12,2008. AGENDA ITEM #2 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIOUOR LICENSE APPLICATION SUBMITTED BY JOE ARPAIO FOR A POLITICAL FUNDRAISER TO BE HELD IN THE DESERT CANYON GOLF COURSE PARKING LOT LOCATED AT 10440 INDIAN WELLS DRIVE, FOUNTAIN HILLS, AZ., SCHEDULED FOR SEPTEMBER 6, 2008 FROM 4:00 PM TO 12:00 AM. AGENDA ITEM #3 — CONSIDERATION OF APPROVING THE RENEWAL OF THE ANNUAL HOLIDAY LIGHTING CONTRACT WITH CHRISTMAS LIGHT DECORATORS FOR THE 2008 HOLIDAY LIGHTING AND GROUND DISPLAYS IN THE AMOUNT OF$29,797.71. fiktow z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 2 of 8 AGENDA ITEM #4 — CONSIDERATION OF APPROVING A PURCHASE WITH MICON CONSTRUCTION OF ARIZONA INC, UTILIZING MOHAVE CONTRACT 040-MICO-0218 IN THE AMOUNT OF $23,948.22 FOR REPLACEMENT OF PLAYGROUND EQUIPMENT AT GOLDEN EAGLE PARK. Councilmember Mike Archambault MOVED to approve the Consent Agenda as listed (Items 1 and 2) and Councilmember Ginny Dickey SECONDED the motion. A roll call was taken with the following results: Councilmember Dickey Aye Mayor Schlum Aye Vice Mayor Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Councilmember Archambault Aye Councilmember McMahan Absent The motion CARRIED UNANIMOUSLY by those present(6-0). REGULAR AGENDA AGENDA ITEM #3 — CONSIDERATION OF APPROVING THE RENEWAL OF THE ANNUAL HOLIDAY LIGHTING CONTRACT WITH CHRISTMAS LIGHT DECORATORS FOR THE 2008 HOLIDAY LIGHTING AND GROUND DISPLAYS IN THE AMOUNT OF$29,797.71. Councilmember Ginny Dickey MOVED to approve the renewal of the contract with Christmas Light Decorators in the amount of$29,797.71. Councilmember Mike Archambault SECONDED the motion Councilmember Cassie Hansen gave a brief explanation as to her reason for requesting this item be removed from the Consent Agenda and placed on the Regular Agenda. Ms. Hansen cited the Council's responsibility in determining the needs vs. the wants of budget items, the fact that frequent outages had occurred last year with the holiday lights, and to give staff the opportunity to justify the cost increase. Public Works Director Tom Ward provided a brief history of the Town holiday lighting. He shared information on the bidding process, the cost, the disappointment of outages last year due to rain, the need for 24 hour response time, and the assurance that more adequate services would be provided. He reported the funding came from two sources, the Facilities' budget and the Downtown Development Fund. He reported that this year's contract provided for a 3.2% increase over last year. Councilmember Contino shared his disappointment that during these hard economic times, this job opportunity was not provided to local businesses. Mr. Ward responded that all possible measures were taken to notify local businesses of the bid opportunity with no responses. He also stated that this type of service was specialized and businesses qualified for this job must carry the appropriate bonding, insurance, and had to have the equipment necessary to bid on a job of this magnitude. Mayor Schlum asked Town Attorney Andrew McGuire to explain the reasoning for seeking longer term contracts in cases such as these with one of the reasons being to avoid changing contract language year after year. Town Attorney McGuire stated in this case they were attempting to get a contractor to commit to a series of years rather than just one year. This was necessary particularly when the work was not easily done without the proper equipment. Claw z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 3 of 8 In response to Councilmember Dickey,Mr. Ward stated that the cost savings associated with long term contracts were that the contracts did not allow for more than a 5% increase. Councilmember Dickey expressed the opinion that the relationship with the vendor would be beneficial to the town in instances of long term contracts. Councilmember Contino reiterated his concerns that businesses outside of town were taking jobs from local businesses. Mayor Schlum asked if there was anyone who wished to speak to this item. Town Clerk Bender responded that one speaker card had been submitted. Ms. Mary Pilarinos addressed the Council regarding the need for shops to remain open during the lighting season. Mayor Schlum encouraged the business community to participate by staying open longer; however, Councilmember Contino commented that businesses were reluctant to stay open at night. A roll call was taken with the following results: Councilmember Contino Nay Mayor Schlum Aye Councilmember Dickey Aye Councilmember Hansen Aye Councilmember Archambault Aye Vice Mayor Leger Aye Councilmember McMahan Absent The motion CARRIED(5-1) with Councilmember Contino casting the nay vote. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A PURCHASE WITH MICON cr, CONSTRUCTION OF ARIZONA INC, UTILIZING MOHAVE CONTRACT 040-MICO-0218 IN THE AMOUNT OF $23,948.22 FOR REPLACEMENT OF PLAYGROUND EOUIPMENT AT GOLDEN EAGLE PARK. Don Clark, Parks and Recreation Parks Supervisor, reviewed his staff report and made a recommendation to the Council to purchase new playground equipment for the pre-school portion of Golden Eagle Park play area due to the inability to obtain replacement parts for the current equipment. He cited that Golden Eagle Park had the oldest playground equipment and that its life span was approximately 14 years old. Councilmember Archambault MOVED to approve the purchase of playground equipment at Golden Eagle Park. Councilmember Dickey SECONDED the motion. Councilmember Hansen commented that from a layman's eye, the equipment did not look bad and this was the reason she asked for an opportunity to discuss the need at this time. She stated if there was a safety issue, then that would be a different story. Mr. Clark spoke about the issues staff had with the unavailability of replacement pieces and noted that when those pieces could not be found then staff had to remove the affected features. Councilmember Contino said he had spoken with parents at Golden Eagle Park and they did not think the equipment was in desperate need of replacement and that staff should look into more grant funding. He further stated the need to stop wonton, frivolous spending. Councilmember Archambault asked Mr. Clark questions regarding the life span of the requested equipment. Mr. Clark compared the life span of the current system and that of a new system and explained how the equipment was affected by the environment. Mr. Archambault also asked if the base surface material at that cw location would be replaced. Mr. Clark responded that the current surface would remain. z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 4 of 8 In response to Councilmember Dickey's inquiry as to what the cost would be if the purchase was postponed,Mr. Clark responded that since most of the materials were petroleum-based, costs would continue to rise. He pointed out that the warranty on the new equipment was pretty extensive(15 -20 years) and briefly read through the material provided by the manufacturer. He stated the life of the new equipment would depend on maintenance of the equipment and the exposure to the environment. Ms. Dickey asked Finance Director, Julie Ghetti to explain what would happen to the funds if the purchase was not made in this budget year. Ms. Ghetti responded that if funds were not used as they were appropriated for, at the end of the fiscal year they would go away since the Town had a zero-based budget. It would then have to be re-budgeted in the next fiscal year and the money would stay in the General Fund. Ms. Dickey stated the opinion that if there were no safety issues at this point, this purchase could be made at a later date. Mr. Clark stated that staff inspected all equipment on a regular basis but he believed now was the optimum time to purchase this equipment. Councilmember Leger stated that although we are in an economic downturn, the Council did have a budget, which had been reduced by 10% and he believed they were being fiscally responsible when it came to reviewing budgeted items. Mr. Leger saw the purchase of playground equipment as a capital improvement that would cost more to purchase in the future. He further stated he thought this expenditure was an investment in the Town's children and a quality of life issue. He disagreed this was a frivolous expenditure. Councilmember Archambault agreed with Councilmember Leger that this was a small investment for the quality of life of the community. He stated the opinion that he wanted to encourage families to move to Fountain Hills and that Golden Eagle Park had more youths playing there and that he would support this item. Councilmember Dickey clarified her position by stating that the Council had the right to revisit budget expenditures and concurred with Councilmember Archambault's viewpoint as it related to "quality of life". However, she commented that when the Council had approved the current budget,cuts had been made regarding Storm Water management costs in the amount of$25,000 in an effort to try and slim it down, which was what she felt they were doing here. She stated the opinion that the Town could possibly be faced with future increased costs regarding Storm Water Management and infrastructure costs, which may be high dollar items, and that$100,000 had been appropriated in this same budget for Storm Water related issues. She acknowledged that Councilmembers had varying priorities and said that she did not want to see the Town deteriorate. However, she stated the opinion that she did not feel postponing the purchase of the playground equipment would have that great of an impact this time and that was why she would probably vote to postpone this expenditure. Councilmember Contino expressed that the Council needed to take a close look at expenditures. Mayor Schlum agreed the Council needed to be responsible with its spending and acknowledged staff s recommendation to make the purchase at this time. He stressed the importance of having facilities for all ages and recognized this purchase would be more expensive if postponed. He stated the opinion that he did not believe this was frivolous spending but an investment with a good return on the investment for the Town's youth. A roll call was taken with the following results: Councilmember Hansen Nay Vice Mayor Leger Aye Councilmember Dickey Nay Councilmember Contino Nay Councilmember Archambault Aye Mayor Schlum Aye Councilmember McMahan Absent The motion FAILED(3-3) due to the tie vote. z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 5 of 8 AGENDA ITEM #5— CONSIDERATION OF APPOINTING TWO (2) CITIZENS TO SERVE ON THE PUBLIC SAFETY ADVISORY COMMISSION WITH TERMS BEGINNING SEPTEMBER 1, 2008 Li" AND ENDING OCTOBER 31,2010. Mayor Schlum MOVED to appoint Anthony Finocchio and William Underwood to serve on the Public Safety Advisory Commission with terms beginning September 1, 2008, and ending October 31, 2010. Councilmember Archambault SECONDED the motion. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM#6—CONSIDERATION OF ACCEPTING TWO SCULPTURES, "LAST DOLL"AND "WHERE HAVE ALL THE MAMMOTHS GONE", FOR PUBLIC DISPLAY AS RECOMMENDED BY THE FOUNTAIN HILLS CULTURAL AND CIVIC ASSOCIATION AND THE FOUNTAIN HILLS PUBLIC ART COMMITTEE, AND AUTHORIZING THE PLACEMENT FO THE "LAST DOLL" SCULPTURE NEAR THE ROTARY CENTENNIAL SPLASH PARK, AND THE "WHERE HAVE ALL THE MAMMOTHS GONE" NEAR THE RIVER OF TIME MUSEUM. Councilmember Dickey MOVED to approve acceptance and placement of these sculptures and Vice Mayor Leger SECONDED the motion. Mark Mayer, Parks and Recreation Director, reported to the Council that a meeting had been scheduled for September 11, 2008, to discuss policy and concerns as it relates to public art. Mr. Mayer presented information on the two sculptures under consideration. He indicated both art pieces were donated and there would be insurance costs associated with both, a placement cost of $2500.00 for "Last Doll," and no cost for the placement of"Where Have All the Mammoths Gone". Mayor Schlum asked if there were anyone had requested to speak on this item and Town Clerk Bender L. responded that two cards had been submitted. Ms. Pilarinos asked for clarification regarding the costs to the Town and whether there were Town funds available for this,to which Mayor Schlum responded yes,that money had been budgeted for this purpose. Mr.Jerry Miles declined to speak. Councilmember Contino stated the opinion that in hard economic times money should be spent on necessities. Mr. Contino expressed his support for art that had already been paid for and that he approved of art that was publicly funded. Mayor Schlum confirmed there would be future discussions regarding public art and expressed the Town's appreciation for the donated pieces. The motion CARRIED UNANIMOUSLY by those present(6-0). AGENDA ITEM#6—COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. Town Manager Davis reiterated staff would be drafting a policy regarding media usage and would bring it back before the Council for review. AGENDA ITEM #7 — SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES TO THE TOWN MANAGER. Clarr z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 6 of 8 Mr. Davis proposed the idea of holding pre-meetings (Administrative Sessions) prior to the Regular Session starting at 5:45 p.m. beginning in October(approximately 45 minutes in length). He stated that he had brought this idea forward at the previous meeting but Councilmember Dickey had been absent. Therefore, he was again bringing this proposal forward for input from the Council. He explained that this would replace the present Work Study sessions with public administrative sessions. This process would result in more frequent visits with staff and provide for more opportunities for the sharing of information. Scheduling of executive sessions would be affected but the hope was there would become less of a need for those sessions in the future. The main focus of this proposal was to add flexibility and to be sensitive to the Council's schedules. Councilmember Archambault inquired whether the Executive Sessions would be held before or after Council meetings stating it would be challenging to make them if they were earlier. Mr. Davis responded that he anticipated Executive Sessions would be less frequent but that if an executive session were required then there would not be an Administrative Session held Councilmember Contino confirmed he would like to see fewer Executive Sessions. His preference would be for holding them before Council Meetings when needed. In response to a question from Mayor Schlum as to the additional benefits of this plan, Mr. Davis said it should provide for shorter meetings, provide for more staff interaction with Councilmembers, provide for more interaction between Councilmembers, and increased staff morale. Town Attorney McGuire noted that this method was currently used in Avondale and was successful. Councilmember Dickey asked for clarification on whether this would replace Work Study sessions and if they would be discussing Council agenda items. Mr. Davis emphasized they would not discuss agenda items that were scheduled for that evening's Council meeting and that on any night that an Executive Session was scheduled,they would not have an Administrative Session. Councilmember Hansen suggested it may be better to conduct interviews on a separate night. Mr. Davis stated that since there was no opposition to the process expressed by the Council he would work with the Town Clerk to agendize the first Administrative Session beginning in October. Mr. Davis commended the Parks and Recreation staff for the effort put forward at the public meeting recently held regarding the Dog Park facility. Many ideas and suggestions had been generated by citizens. Those suggestions would now be itemized by staff and staff would come back to the Council in the future with a strategy for implementation. AGENDA ITEM #8 — ADJOURN THE REGULAR SESSION AND RETURN TO EXECUTIVE SESSION. Councilmember Contino MOVED to adjourn the Regular Session and reconvene the Executive Session and Councilmember Archambault SECONDED the motion which CARRIED UNANIMOUSLY (6-0) by those present. The Regular Session adjourned at 8:12 p.m. Mayor Schlum reconvened the Executive Session at 8:25 p.m. and adjourned the Executive Session at 9:35 p.m. L z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 7 of 8 TOWN OF FOUNTAIN HILLS By y . Schlum Mayor ATTEST AND PREPARED BY: ,( Bevelyn J. B er own Clerk 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 in the Town Hall Council Chambers on the 4th day of September 2008. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th of September 2008 Bevelyn J. B de own Clerk Lae z:\council packets\2008\r9-18-08\minutes 9-4-08 revised.doc Page 8 of 8