HomeMy WebLinkAbout2008.1204.TCREAM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE ADMINISTRATIVE,REGULAR
AND EXECUTIVE SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
December 4,2008
ADMINISTRATIVE SESSION
* CALL TO ORDER
Vice Mayor Leger called the Administrative Session to order at 5:30 p.m.
* ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council:
Mayor Schlum, Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember
Hansen, Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town
Manager Rick Davis,Assistant to the Town Manager Kate Zanon,Finance Director Julie Ghetti, Samantha
Coffman and Town Clerk Bev Bender were also present.
AGENDA ITEM #1 — PRESENTATION AND DISCUSSION REGARDING SPECIAL
TRANSPORTATION SERVICES (STS) PROVIDED BY MARICOPA COUNTY INCLUDING
PROPOSED OPTIONS FOR ENHANCING THE TRANSPORTATION NEEDS OF SENIOR
CITIZENS.
Town Manager Davis reviewed the current situation stating that vans had recently been purchased from Valley
Metro in place of purchasing the proposed new van as a cost saving measure for the Town. He introduced the
Samantha Coffman, Director of the Community Center and Senior Services and Kelley Fonville, Senior
Services Supervisor, and Julie Ghetti, Director of Finance as those who would be providing information on the
Special Transportation Services matter.
Ms. Coffman reviewed that the Town had provided special transportation services to Fountain Hills residents
since 2000 through a contract with Maricopa County for medical appointments, adult day care, rehabilitation,
social and recreational activities, etc and because the Town was faced with increased costs relating to the per
trip fee (from $16.26 to $38.25 as of July 1, 2008), staff was asked to look for cost saving measures. She
discussed the three options that resulted from the analysis conducted, which were outlined in the memo
provided. Mr. Davis noted that whatever change was made that sufficient notice would need to be given to
those users and confirmed that this was an annual commitment.
Discussion ensued with regard to there would probably not be any LTAF monies after this year; the opinion that
trips to work were not the intended purpose of this program unless utilized by those with special needs; the
comment was offered that there were few riders in the van at any one time; the costs and feasibility associated
with each one of the three options; the parameters of the STS program options as outline in the memo,
associated costs with each option, how the per trip cost was calculated, and the criteria to qualify for this
service; the fact that this service was not mandated; the suggestion that Dial-a-Ride might be another option; the
fact that Valley Metro did not anticipate providing extended bus service in Fountain Hills until 2014, the
suggestion that non-profits might play a role in transportation service and that option should be explored; what
role the two vans recently purchased would play and that perhaps another van was needed; the fact that Town
funds needed to be used in the most effective manner; the overall philosophical question needed to be answered
of whether the Town wanted to continue this service and what was the most efficient method; program option
costs were discussed and an opinion was expressed that contracting may be more effective; the suggestion that
volunteers be utilized as part of the overall plan; the observations that those who utilize this service for medical
cop. needs might have another option when the new clinic opened in Town to have their needs met locally; the
comment that those folks traveling out of town might not be willing to change physicians and that insurance
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companies also influenced patients as to which doctors were utilized; the fact that nothing needed to be changed
(monetarily) this current budget year; the fact that options could be further studied and refined with a scope of (-
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ervice developed and plans for implementation as part of the new fiscal year's budget; reiteration that sufficient
notice must be given to the users of this service and that placement in the coming year's budget would yogif
accommodate reasonable notice; the fact that the Maricopa County was looking at cost recovery of the STS
program; the suggestion of utilizing a type of"adopt-a-person" program; the fact that a decrease in state shared
revenues was anticipated and therefore, the Town might be struggling further with a decrease in that revenue
source; a general discussion of the types and number of trips now provided with possible strategies of where
changes might be made and costs reduced. In response to requests from the Council for more detail on types of
trips and locations, etc, Ms. Ghetti stated that some of the information was confidential and staff would not be
able to provide that level of detail.
Mr. Davis reiterated that he understood the consensus of the Council at this time was to continue status quo and
review options during next year's budget process.
AGENDA ITEM #2 - UPDATE ON FY 08/09 ECONOMIC DEVELOPMENT PROJECTS: TOWN
CENTER SIGNS ON SHEA BOULEVARD AND INFORMATIONAL KIOSKS.
Ms. Zanon reviewed the proposed design and placement of the downtown center signs utilizing a map and
picture, which was distributed to the Council to view. She stated the intent was to create a path into town (as
there were currently three streets into town) and to set Saguaro Boulevard up as the commercial exposure. She
stated that this was the Council's initial review of signage noting that signing Shea Boulevard was the first step.
Councilmembers discussed sign placement options that would lead people to the downtown area as well as the
sign design(s). Councilmember Hansen commented that Palisades Boulevard sold Fountains Hills due to the
views and agreed Saguaro and Palisades both held potential benefits for the community. Ms. Zanon proposed
that both be streets (Saguaro and Palisades) be signed with Palisades Boulevard noted as scenic route. (
Councilmember Contino proposed that the downtown banners could be utilized as directional signs and the
Councilmember Archambault suggested that Shea Boulevard could be signed as "Fountain Hills — next three
exits"for advance notice as was done on highways.
Ms. Zanon also reviewed the placement of kiosks in the downtown area and stated that more information on this
would be provided at a later date including directional parking signs to access the Plat 208 parking. Discussion
ensued with regard to signing options for the downtown (i.e. downtown banners); the need to cut costs; and the
proposed size of signs noting that increased vehicle speeds required the use of larger signs.
Mayor Schlum thanked Ms. Zanon for presenting the information.
AGENDA ITEM#3-ADJOURN THE ADMINISTRATIVE SESSION.
Councilmember Archambault MOVED to adjourn the Administrative Session at 6:28 p.m. and Vice Mayor
Leger SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0).
REGULAR AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Vice Mayor Leger called the meeting to order at 6:30 p.m.
* INVOCATION-Leti Harris, BAHA'I Faith Community
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* ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council:
Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember Hansen,
Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager
Rick Davis and Town Clerk Bev Bender were also present.
Mayor Schlum was excused from the meeting.
* MAYOR'S REPORT
None.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Department Division Information Overview of Services provided: Information
Technology-Mike Ciccarone, Information Technology Coordinator.
Information Technology Coordinator Mike Ciccarone addressed the Council relative to this agenda item and
provided a brief overview of the services provided by his department. He noted that the division was comprised
of one and a half people - Mr. Ciccarone, who focuses on the operations, the Help Desk,
planning/budgeting/purchasing and service management for the entire division and Beata Bogdan, a part time
staff member whose main focus was Help Desk requests and end user training. He advised that the division was
responsible for computers (hardware and software), voice and data communications, staff support and in-house
training, network and infrastructure support, building access, and security and video productions for the
Council's meetings.
Mr. Ciccarone discussed the various responsibilities carried out by the division; the fact that they maintained 25
L0 work stations, 20 servers, 13 printers (and other smaller work station printers) at five locations (Town Hall, the
Community Center,the two Fire Stations and the Street Maintenance Yard); voice and data communications and
the fact that they utilized Cox Communications for high speed internet, Qwest Communications for voice
services and AT&T for wireless voice and data; the fact that staff monitored the contracts to ensure that the
Town receives the best possible services at the lowest cost; the fact that the division took care of approximately
1,500 Help Desk requests annually (average time for each request was 15 minutes); 12 training programs that
were offered; and the fact that the staff blocked approximately 1.5 million spam e-mails annually.
Mr. Ciccarone informed the Council that the department's network uptime for 2008 was at approximately 99%
and stated that they were striving to achieve 100% this year. He also discussed video production services and
reported that staff had been producing videos of the Council meetings in-house for the Town since April 2008
and had upgraded to three cameras for better quality video. He added that they have been streaming the
meetings on line since 2001. He said that over the past month they had approximately 2,800 frequently asked
questions viewed on-line and 21 service requests had been logged so people were using the on-line process and
it appeared to be accepted by the residents. Mr. Ciccarone indicated his willingness to respond to questions
from the Council.
Vice Mayor Leger thanked Mr. Ciccarone for his presentation.
CALL TO THE PUBLIC
Town Clerk Bev Bender advised that three citizens wished to address the Council.
Bill Schmitt, 17404 E. Dullknife Drive, addressed the Council and advised that copies of his remarks had
Lw already been distributed to the Councilmembers. He said that he was a conservationist and stressed the
importance of caring for nature whenever possible. He noted that his handout contained pictures of the three
islands that were located in Fountain Lake, one of which had fairly good cover and the other two that had pretty
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much been stripped. He added that there was also an area close to the pump house where a lot of the birds hide
and said that he hoped that stayed there. He stated that he was present this evening to encourage the creation of
a long-term plan to guide the designation and use of the islands in Fountain Lake as natural living sculptures to
serve as a sanctuary and wild life refuge. He discussed conflicts that exist relative to the best use for the islands
and emphasized the importance of putting into place a well defined and thoroughly researched plan that would
guide decision making relative to the use of the islands. Mr. Schmitt offered the following resolution for
consideration by the Council:
"Whereas Fountain Lake was created to serve the needs of the developers and residents of Fountain Hills;and
Whereas the lake and islands just because of their existence are also an oasis in the desert that attract and serve
a great diversity of plants and wildlife; and Whereas the islands, however small,provide the only available land
to serve as a sanctuary and reserve without extensive human pressure; and Whereas the islands are a very
significant resource where the citizens can choose to share the watering hole with thousands of other living
organisms; and Whereas designating the islands as a natural living sculpture is as important to our
conservation efforts as was the action by this Council years ago when you created public policy to designate
wash areas as natural preserves, a treasure that inspire him and a lot of other people every day, he therefore
asks Council to organize public discussions that would guide the process of creating a long range conservation
plan for the islands in Fountain Lake to become a living sculpture and wild life refuge."
Mr. Schmitt discussed the philosophies and quotes of former President Theodore Roosevelt and requested that
the Council consider the proposal that he had put before them this evening,
Vice Mayor Leger thanked Mr. Schmitt for his comments.
Brian Strayer, 14505 N, Lark Court, addressed the Council and concurred with the remarks of the previous
speaker. Mr. Strayer stated that the number and diversity of ducks and water fowl in the Lake was truly
astounding and requested that the Council abide by the resolution presented by Mr. Schmitt and protect the wild
life.
The Vice Mayor thanked Mr. Strayer for his input.
Bob Deppe, 16247 N. Boulder Drive, addressed the Council and said that on behalf of Washington Federal Bank
and himself he would like to thank the Council for taking such quick action to remedy the parking problem.
Vice Mayor Leger thanked Mr. Deppe for his comments.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM NOVEMBER 20,2008.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE CANCELLATION OF THE
JANUARY 1, 2009 REGULAR COUNCIL MEETING DUE TO THE MEETING DATE FALLING ON
THE NEW YEAR'S DAY HOLIDAY AND SCHEDULING AN EXECUTIVE/WORK STUDY SESSION
TO BE HELD ON TUESAY,JANUARY 13,2009.
Councilmember Dickey MOVED to approve the Consent Agenda items as listed and Councilmember
McMahan SECONDED. A roll call vote was taken with the following result:
Councilmember Dickey Aye
Vice Mayor Leger Aye
Councilmember Hansen Aye
Councilmember Contino Aye
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Councilmember McMahan Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY by those present(6-0).
REGULAR AGENDA
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2008-39, REPEALING RESOLUTION
2003-70 AND RESOLUTION 2007-63, AND ADOPTING THE 2008 CONSOLIDATED ART MASTER
PLAN.
Director of Parks & Recreation Mark Mayer addressed the Council relative to this agenda item and said that he
had spoken about this particular topic several times in the past. He stated that at the last meeting where this was
discussed, the Council had indicated that there were a number of items they would like to see incorporated into
the proposed Plan and reported that since that time, the Town Attorney had crafted a document that included
those items. Mr. Mayer advised that the intent was to consider a revision for the process of selecting/approving
and installing public art and to repeal Resolution 2003-70 (the Public Art Master Plan) as well as Resolution
2007-63 (the Public Art Fund Guidelines). He stated that they have now been incorporated into the proposed
document. Mr. Mayer briefly discussed portions of the proposed contents of the revised 2008 Consolidated Art
Plan and indicated his willingness to respond to questions from the Council.
Councilmember Archambault MOVED to approve Resolution 2008-39, repealing Resolution 2003-70 and
Resolution 2007-63 and adopting the 2008 Consolidated Public Art Master Plan and Councilmember Dickey
SECONDED the motion.
Jerry Miles, a member of the Public Art Committee who worked with staff to develop the proposal currently
before the Council, addressed the members and said he had enjoyed working with the Town staff on this project.
He stated that the biggest change had to do with the fact that the Art Committee had to tell the Council in
advance that they were looking at a piece of art and expressed the opinion that the new resolution was excellent
and all of the members of the Public Art Committee totally supported it.
The Vice Mayor thanked Mr.Miles and the members of the Committee for their hard work and dedication.
In response to a request for clarification from Vice Mayor Leger, Mr. Mayer advised that the Town was not
behind the financing of public art as was reported in an article that appeared in the newspaper. He explained
that the Town certainly supported the process that the Public Art Committee had put into place and emphasized
that the Town had not purchased the art. He added that overwhelmingly the vast majority of art pieces had
come forward through the Public Art Council and were either donated by someone or purchased through the
fairly recently created 1% public art fund. He noted that those funds were set aside specifically for the purchase
and installation of public art from people who were involved in development projects in Town (they pay into
that particular fund). He added that such a fund was not unique and other municipalities had similar processes
in place. He said that the misconception still existed that the Town purchased the art and clarified that this was
not the case.
Vice Mayor Leger thanked Mr.Mayer and reiterated that the art pieces were donated and the Public Art Council
acted as the administrators. He added that the art was acquired through fundraising efforts as well as the 1%
public art fund and again stressed that the monies raised could only be used for the purchase/installation of art.
He said that this took the burden off of the General Fund and the taxpayers. He stated that the Council
supported this process.
Councilmember McMahan said that it was important for the public to know that art installation costs would now
be paid out of the 1% fund that developers paidprior to receiving their Certificates of Occupancy.
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Councilmember Dickey said that when they looked at an item that had a fiscal impact, if the funding came out
of the Public Art Fund, it was still a fiscal impact but it was not a General Fund impact; Mr. Mayer concurred
with her statement. He added that the Public Art Fund was specifically earmarked for that purpose
(purchase/installation of art).
Councilmember Hansen asked whether the previous policy was ever placed on the Town's website and Mr.
Mayer replied that it was not. Councilmember Hansen stated that if the proposed policy was approved this
evening, it might be helpful to put that information out on the website to clarify the issue for the Town's
residents.
Councilmember Contino asked how much money was left in the 1% fund and Mr. Mayer reported that $31,651
still remained in the fund.
The motion CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM #4 - CONSIDERATION OF ACCEPTING FIVE PIECES OF PUBLIC ART THAT
WOULD POTENTIALLY BE PLACED FOR PUBLIC DISPLAY.
Mr. Mayer highlighted a brief PowerPoint presentation and noted that the first piece of art was titled "Freedom"
and had a mother eagle tending to her young in a nest. He said that the cost of this piece was $19,900 and was
proposed to be placed on the west island in Fountain Park. A two-foot high base finished in native stone would
be constructed on the island at a cost of$5,400. He added that the Public Art Committee of the Fountain Hills
Cultural and Civic Association was recommending that the piece be paid for and installed using funds from the
1%Public Art Fund. He said that the piece was created by two local artists,Jim and Judy Dobson.
Mr. Mayer reported that three additional pieces were all original stone sculptures from the Zuva Gallery. The
first piece was titled "Lovers" and was valued at $25,000. The piece would be donated by the gallery. The
installation cost, estimated at $1,500, would be paid from the 1% Public Art Fund. The second piece titled
"Joy" was valued at $48,000 and the third piece titled "An All Day Job" was valued at $28,000 (to be located
near the Amphitheater in Fountain Park). The last two pieces would be on loan from the gallery for a year while
a fundraising drive to cover the cost of acquisition and installation was conducted. The final piece was a three
dimensional wall hanging titled "Beginnings" and was valued at $1,350. Each of the remaining pieces would
have an installation cost of$1,500 for a total to potentially come from the 1% Public Art Fund of$29,800. He
discussed annual insurance costs and said that "Freedom" would cost $124.70, "Lovers" would cost $107.50,
"Joy would cost $206.40, "An All Day Job" would cost $120.40 and "Beginnings" would cost $5.81 (no
installation costs because it was a wall hanging).
Mr. Mayer informed the Council that the Parks & Recreation Commission provided general comments and
recommended acceptance of the four sculptures for Fountain Park. He added that the Community Center
Advisory Commission recommended approval and acceptance of "Beginnings" at their September 24, 2008
meeting and the three dimensional wall hanging would be placed inside the Community Center. He said that
staff was recommending the acceptance of each of the five pieces and noted that a site map with the location of
the four pieces to be placed in Fountain Park was included in the Council's packets.
Mr. Mayer indicated his willingness to respond to questions from the Council.
Mr.Jerry Miles interjected that the artists were in the audience this evening.
Town Clerk Bev Bender advised that three citizens have submitted requests to address the Council relative to
this issue.
Martin Brown, 15615 Jamaica Lane,discussed the three stone sculptures and said that he was very excited about
the art. He stated that the pictures did not do the pieces justice and noted that they stood 10 to 12-feet tall. He
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noted that the Gallery had offered to install them for a maximum of$3,000 and the remaining costs would come
out of the 1% fund. He said that the artists were world renowned and the Town was extremely fortunate to be
Cor able to add this art to its collection.
Terri Schmidt, 14267 Boxwood Lane, said that she loved the artwork and found it to be extremely impressive
but expressed concerns regarding the current economy and the fact that the costs would exceed what was
available in the Public Art Fund. She questioned whether this was the best time to proceed and added that
citizens were concerned about money right now so she wonders how this would look to them. She added that
she had concerns about the Eagle's Nest on the island and whether that was the best place to locate it - would
people be able to see it? She stated that if they were going to do it and spend the money for it, then the piece
should be more visible.
Jerry Miles, a member of the Public Art Committee, said that the Committee had been justly criticized over the
years because they had not acquired enough pieces by local artists. He said that they had three small pieces of
sculpture by local artists, including one by Councilmember Dickey's father, and half a dozen wall pieces that
hung in the Community Center and elsewhere by local artists. He noted that the piece they were bringing
forward tonight was the first full sized piece by a local artist and explained that the Town did not have a lot of
artists who did pieces such as this. He said that the price that the artists had agreed to sell it for was far less than
what one would pay at one of their shows because they wanted the piece to be a part of the Town. He added
that the members of the Public Art Committee and everyone else believed this was an appropriate use for the
monies. He also commented on the fact that they were talking about an artificial island in an artificial lake filled
with reclaimed sewage water and there was no natural habitat or vegetation. He stated that placing the artwork
there would be fantastic and stated the opinion that people would be able to see it. He added that it would be a
great addition and urged the Council to support this proposal.
The Vice Mayor thanked the speakers for their comments.
(low
In response to a question from Councilmember Dickey,Town Attorney Andrew McGuire stated that the Council
could take each item separately and make a motion for each if they so wished or collectively.
Councilmember Dickey MOVED to accept "Lovers," "Joy," "An All Day Job," and "Beginnings," (including
the installation costs and expenditure from the Public Art Fund) and Vice Mayor Leger SECONDED the
motion for the purpose of discussion.
Councilmember Dickey explained that she wanted to talk about the "Freedom" piece separately.
In response to a question from Councilmember Dickey, Mr. Mayer confirmed that "Beginnings" had been
donated. Councilmember Dickey stated that it was her understanding that if there was a community wide effort
to pay for the art,the monies raised would also pay for the installation.
Mr. Mayer reported that the Gallery had agreed to pay for the installation costs for the two pieces (maximum of
$3,000). Mr. Mayer said that as proposed the installation costs would come out of the 1% Public Art Fund
whether it was$3,000 or more as quoted.
Councilmember Dickey commented that the two pieces she was talking about would be "on loan" and would be
installed even if they were not owned and the installation money was coming from the 1% fund. Mr. Mayer
agreed with the Councilmember's comment. Councilmember Dickey further stated that it was her understanding
that when the money did come in for these pieces, if it was a community wide effort,it would include the cost of
installation. Mr.Mayer again concurred with Councilmember Dickey's statement.
Councilmember Hansen discussed the two pieces of art that would be "on loan" and asked if there was any way
to ensure that the Town would not have any obligation to purchase them if the community wide effort to raise
funds was not successful.
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Mr. McGuire expressed the opinion that the Town did not have any contractual obligation with the artists and
added that the Town's obligation was limited to the installation costs. He added that until the Council accepted C
the art, it was not a Town piece of property. He said that it would be insured because it would be installed on
Town property;however,it was not Town property until the Council formally accepted it.
Councilmember Dickey stated that if for some reason the community effort was not successful she would like to
know if the Town then had to pay to have the artwork removed or if there would be an opportunity to extend the
funding raising time limit.
Mr.Mayer expressed the opinion that issues such as that could certainly be discussed and added that price might
also be re-negotiated(many potential options).
Vice Mayor Leger said that it was his understanding that once the pieces were in place the Arts Council would
possibly look for donors and/or engage in fundraising activities and Mr. Mayer agreed with the Vice Mayor's
statement. Vice Mayor Leger, addressing a comment from a citizens relative to the money in the Art Fund not
being sufficient to pay for the art, said that it was important to understand that the "Freedom" piece was going to
be purchased from the Art Fund and the installation for that would also be paid out of the fund. He added that
one of the stone pieces would not cost the Town anything because it was being donated and the other two stone
pieces that would be "on loan" would not be paid for by the Town - they would be paid for either through
donations or a fundraiser and the fifth piece, "Beginnings," was being donated. He stressed that the Town's
financial output was limited to the minimal amount spent on insurance.
Vice Mayor Leger called for a vote on the motion.
The motion CARRIED by majority vote of those present(5-1) with Councilmember Contino voting Nay.
Councilmember Dickey MOVED to accept the art piece "Freedom" and revisit the location and Vice Mayor (
Leger SECONDED the motion for discussion purposes.
Councilmember Dickey said that she was sensitive to what Mr. Schmitt said and appreciates his remarks about
the islands and trying to make them living sculptures. She advised that he had offered to provide assistance in
an effort to come up with a different way of handling the islands as a whole. She added that she solicited input
from some people regarding the art piece to be placed on the island at Fountain Lake and they did not believe
that it was conducive to admiration from the general public because the piece would not be visible from all
directions and this might compromise the whole premise behind public art. She said that she certainly wants to
accept the piece but would like to revisit its location in an effort to locate a site that was more accessible and
where all of the angles could be seen and enjoyed. She added that they might even be able to save some money
on installation costs if another site was identified.
Councilmember McMahan concurred with Councilmember Dickey's comments.
Councilmember Archambault said that the islands and the lake were manmade but they had spent the last 30+
years trying to make it a natural resource. He added that he agreed with Mr. Schmitt in that he would like to see
something on the islands that was more of a natural state.
In response to a request for clarification from Councilmember Hansen, Mr.Mayer stated that none of the islands
had been scraped. He discussed maintenance problems and difficulties associated with accessing the island to
get necessary work done. He said that approximately twice a year they had the contractors go over in a boat
with mowers and hand tools and scalp the island in an effort to improve its aesthetics. He added that he had
suggested to the former Town Manager that they landscape or rock the island in an effort to give the islands a
finished look and they got halfway through that process and finished the first island. He said that before they
could start on the second island, discussions took place about whether or not that was a legitimate use or best ,041)
use for the property and so the project was put on hold. He stated that based on the lack of complaints being
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received he believed people like the way the island now look with the rocks/landscaping. He added that if they
get calls from citizens about the other island they tell people they were leaving that as a natural area and at some
Lie point they hoped to put in some signage and identification and designate it as a natural island.
Councilmember Contino asked whether the island could be changed, i.e. elevated, so that everyone could see the
art piece(raise the topography).
Mr. Mayer pointed out that part of the reason why the base for the piece ("Freedom") was so expensive was
because it would be sitting up on a two-foot base. He added that part of the reason for the placement there was
because typically when you viewed eagles you view them from a distance and so they were trying to create that
isolation from people and put it in a natural setting. He said that they had originally looked at a five-foot base
but it was cost prohibitive and they discussed putting native or natural stone around the base. He stated that the
Arts Committee was trying to make it appear as natural as possible. He added that you could walk around a lot
of the pieces but he was not sure how much artistic there was from looking at the back side of an art piece. He
stated that most pieces were designed to be looked at from a particular direction and were oriented in that
manner.
Councilmember Dickey commented that she had an art piece at home that she had placed in front of a mirror so
she could enjoy it from all sides.
Councilmember Hansen suggested that they ask the artists what they thought of the proposed location.
Mr. & Mrs. Dobson, the creators of the art piece, addressed the Council and advised that "Freedom" was
designed to be viewed from a certain angle because it was an "action/reaction" piece and that the eaglets were
recently added. He said that contemporary pieces were viewed "all the way around."
L
Vice Mayor Leger stated that he believed Councilmember Dickey's motion was to accept "Freedom" with
recommendations from the Arts Council for an alternative location and Councilmember Dickey concurred.
Mr. McGuire commented that the motion includes, in this case, the purchase of"Freedom" from the Public Art
Fund and the allowance for installation when that decision was made.
Mr. Miles said that from the standpoint of the Public Art Committee they believed the island was the best place
for the art piece but they certainly could accept an alternative. He added that if it was placed in the Community
Center area there was an alternate fund to provide installation costs.
The Vice Mayor called for a vote on the motion.
The motion CARRIED UNANIMOUSLY by those present(6-0).
Councilmember Contino stated that he had misunderstood the previous motion and that he had wanted to vote
yes on all of the art. He added that he was not opposed to the art but with the stipulation that Councilmember
Dickey made he got confused.
Mr.McGuire stated that a vote for reconsideration would be in order to resolve the situation.
Councilmember Dickey MOVED to reconsider the motion (her first motion) and Councilmember Archambault
SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0).
Councilmember Dickey MOVED to accept the art pieces "Lovers," "Joy," "An All Day Job," and "Beginnings"
and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those
Now present(6-0).
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Vice Mayor Leger expressed appreciation to Mr. Miles and everyone else who worked so diligently on this
project. He said that the revised policy was long overdue and he believed they had accomplished the goal
outlined by many citizens, namely taking the cost off of the General Fund. He stated that the Council still 11)
supported this and hopefully the program would continue to operate successfully.
AGENDA ITEM #5 - 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) DIRECTING STAFF TO CONDUCT FURTHER
RESEARCH AND REPORT BACK TO THE COUNCIL:
A. None.
AGENDA ITEM #6 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT
ACTIVITIES BY THE TOWN MANAGER.
None.
AGENDA ITEM#7- ADJOURNMENT.
Councilmember McMahan MOVED to adjourn the meeting and Councilmember Contino SECONDED the
motion, which CARRIED UNANIMOUSLY by those present(6-0). The meeting adjourned at 7:40 p.m: -
EXECUTIVE SESSION
* CALL TO ORDER
Vice Mayor Leger called the Executive Session to order at 7:55 p.m. ‘,441)
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) PURSUANT TO A.R.S. §38-
431.03(A)(6), FOR DISCUSSION, CONSULTATION OR CONSIDERATION FOR INTERNATIONAL
AND INTERSTATE NEGOTIATIONS OR FOR NEGOTIATIONS BY A CITY OR TOWN, OR ITS
DESIGNATED REPRESENTATIVES, WITH MEMBERS OF A TRIBAL COUNCIL OR ITS
DESIGNATED REPRESENTATIVES, OF AN INDIAN RESERVATION LOCATED WITHIN OR
ADJACENT TO THE CITY OR TOWN, (SPECIFICALLY,A PROPOSED AGREEMENT WITH THE
FORT MCDOWELL YAVAPAI NATION TO BUILD AN ENTERTAINMENT VENUE); AND (ii)
PURSUANT TO A.R.S. §38-431.03(A)(4), DISCUSSION OR CONSULTATION WITH THE
ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT
ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS
THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED
LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR
RESOLVE LITIGATION. (SPECIFICALLY, CONTRACT NEGOTIATIONS RELATED TO AN
ENTERTAINMENT VENUE.)
* ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council:
Councilmember Contino, Vice Mayor Leger, Councilmember McMahan, Councilmember Hansen,
Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager
Rick Davis, Assistant to the Town Manager Kate Zanon, Finance Director Julie Ghetti, Bond Counsel Scott
Ruby, and Town Clerk Bev Bender were also present.
Councilmember McMahan MOVED to convene the Executive Session and Councilmember Dickey
SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0).
Mayor Schlum entered the meeting at 8:00 p.m.
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Fort McDowell Yavapai Nation representatives Orlando Moreno, CEO and Alfonso Rodriguez, Director of
Community and Economic Development/Engineering; Brad Yonover with DB Ventures, and Nicole Laslavic
with Williams and Assoc. entered the meeting at 8:15 p.m. and left at 9:00 p.m.
Mayor Schlum adjourned the Executive Session at 9:45 p.m.
TOWN OF FOUNTAIN HILLS
By
or Jay T. 1
By
1 y ry Leger
ATTEST AND
PREPARED BY:
Bevelyn J en r,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Administrative,
Regular and Executive Sessions held by the Town Council of Fountain Hills in Town Hall on the 4th day of
(. December 2008. I further certify that the meeting was duly called and that a quorum was present.
DATED this 18th day of December 2008.
Bevelyn J e er, Town Clerk
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