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HomeMy WebLinkAbout110407PrREVISED 4/6/11 NOTICE OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:45 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. WHEN: THURSDAY, APRIL 7, 2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R4-7-11\110407A.docx Last printed 4/6/2011 2:37 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER – Mayor Jay T. Schlum 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §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, relating to medical marijuana.) 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Ms. Leann Gratz from Church of the Ascension ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Recognition of Public Safety Advisory Commission members’ prior services to the Town of Fountain Hills: Larry Moyse and Kathy Krogstad. ii) Presentation by John Milne and Tim Zehring relating to Crime Free Multi Housing. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA 1. CONSIDERATION CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 8 & 17, 2011. REGULAR AGENDA 2. CONSIDERATION of APPOINTING one (1) citizen to serve on the Community Center Advisory Commission for a two (2) year term beginning April 7, 2011, and ending December 31, 2012. 3. CONSIDERATION of APPOINTING one (1) citizen to serve on the Parks and Recreation Commission for the remainder of the vacated term beginning April 7, 2011, and ending December 31, 2011, due to resignation. Z:\Council Packets\2011\R4-7-11\110407A.docx Last printed 4/6/2011 2:37 PM Page 3 of 3 4. DISCUSSION WITH POSSIBLE ACTION to approve the Centennial Circle concept plan (budget and phasing) and to AUTHORIZE A BUDGET TRANSFER in the amount of $9,000 from the Town Manager’s Contingency Fund to the Facilities - Community Center budget to support the construction of concrete MEMORIALS. 5. CONSIDERATION of a CONTRACT with Energy Controls I (ECI) for the purchase and installation of the energy management system in the amount of $84,881.91. 6. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Cactus Asphalt and the Town of Fountain Hills to piggyback on the ADOT Contract for Crack Sealing in an amount not to exceed $115,000.00. 7. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Cactus Asphalt and the Town of Fountain Hills to piggyback on the Pinal County Contract for application of Tire Rubber Modified Surface Seal in an amount not to exceed $110,000.00. 8. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Southwest Slurry and the Town of Fountain Hills to piggyback on the Scottsdale Contract for Slurry Sealing in an amount not to exceed $155,000.00. 9. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Pavement Marking, Inc. and the Town of Fountain Hills to piggyback on the Pima County Contract for pavement striping and markings in an amount not to exceed $16,000.00. 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) directing staff to conduct further research and report back to the Council: A. None. 11. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager. 12. ADJOURNMENT. DATED this 6th day of April 2011. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. REVISED 4/6/11 NOTICE OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:45 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. WHEN: THURSDAY, APRIL 7, 2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R4-7-11\110407A.docx Last printed 4/6/2011 2:37 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER –Mayor Jay T. Schlum 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:Pursuant to §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, relating to medical marijuana.) 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE –Mayor Jay T. Schlum INVOCATION – Ms. Leann Gratz from Church of the Ascension ROLL CALL –Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i)Recognition of Public Safety Advisory Commission members’ prior services to the Town of Fountain Hills: Larry Moyse and Kathy Krogstad. ii) Presentation by John Milne and Tim Zehring relating to Crime Free Multi Housing. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA 1.CONSIDERATION CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 8 & 17, 2011. REGULAR AGENDA 2.CONSIDERATION of APPOINTING one (1) citizen to serve on the Community Center Advisory Commission for a two (2) year term beginning April 7, 2011, and ending December 31, 2012. 3.CONSIDERATION of APPOINTING one (1) citizen to serve on the Parks and Recreation Commission for the remainder of the vacated term beginning April 7, 2011, and ending December 31, 2011, due to resignation. Z:\Council Packets\2011\R4-7-11\110407A.docx Last printed 4/6/2011 2:37 PM Page 3 of 3 4.DISCUSSION WITH POSSIBLE ACTION to approve the Centennial Circle concept plan (budget and phasing) and to AUTHORIZE A BUDGET TRANSFER in the amount of $9,000 from the Town Manager’s Contingency Fund to the Facilities - Community Center budget to support the construction of concrete MEMORIALS. 5.CONSIDERATION of a CONTRACT with Energy Controls I (ECI) for the purchase and installation of the energy management system in the amount of $84,881.91. 6.CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Cactus Asphalt and the Town of Fountain Hills to piggyback on the ADOT Contract for Crack Sealing in an amount not to exceed $115,000.00. 7.CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Cactus Asphalt and the Town of Fountain Hills to piggyback on the Pinal County Contract for application of Tire Rubber Modified Surface Seal in an amount not to exceed $110,000.00. 8.CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Southwest Slurry and the Town of Fountain Hills to piggyback on the Scottsdale Contract for Slurry Sealing in an amount not to exceed $155,000.00. 9.CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional Services Agreement between Pavement Marking, Inc. and the Town of Fountain Hills to piggyback on the Pima County Contract for pavement striping and markings in an amount not to exceed $16,000.00. 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) directing staff to conduct further research and report back to the Council: A. None. 11.SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager. 12.ADJOURNMENT. DATED this 6th day of April 2011. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. “Improving Our Community Through Individual Responsibility”Sterling Crime Free History of Crime Free Program•1992Founded By Tim Zehring, Mesa Police Dept.Because he was spending 70% of his patrol time in multi-family housing units. History of Crime Free Program1993Partnered With the Arizona Multihousing Association. 1994The Arizona Legislature adopted the Crime Free Lease Addendum into A.R.S. §33-1368. History of Crime Free Program“I challenge local housing authorities and tenant associations: Criminal gang members and drug dealers are destroying the lives of decent tenants. From now on, the rule for residents who commit crime and peddle drugs should be one strike and you're out.”-President ClintonJanuary 23, 1996 History of Crime Free Program•20009thU.S. Circuit Court of Appeals: First test case out of Oakland (Davis v Rucker)•2002United States Supreme Court Final & Unanimous Decision(H.U.D. v Rucker) Barriers To Crime Free ProgramFinancial Costs for Property Improvements:Security Lighting Door and Window Locks Landscape Maintenance Breaking Down BarriersThe Search for Insurance IncentivesJohn Milne, Insurance Broker ublicrivateartnershipsPCalming The Storm With Calming The Storm Withompentcyharacterollaboration “Improving Our Community Through Individual Responsibility”Sterling Crime Free APPROVED DENIED ____________________________________ JAY T. SCHLUM, MAYOR 4/7/11 1424919.1 10 If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Facsimile: (480) 837-3145 Attn: Richard L. Davis, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Facsimile: (602) 254-4878 Attn: Andrew J. McGuire, Esq. If to Consultant: ECI Control Systems Arizona, Inc. 415 South McClintock Drive, Suite 1 Tempe, Arizona 85281 Facsimile: (480) 894-9850 Attn: Mike Carter or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (D) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 17.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant’s duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 17.16 Records and Audit Rights. Consultant’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and its subcontractors’ employees who perform any work or Services pursuant to this Agreement to ensure that the Consultant and its subcontractors are complying with the warranty under subsection 17.17 below (all the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Consultant’s and its subcontractors’ actual costs (including direct 1424919.1 11 and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 17.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 17.17 E-verify Requirements. To the extent applicable under ARIZ.REV.STAT. § 41-4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and compliance with the E-verify requirements under ARIZ.REV.STAT. § 23-214(A). Consultant’s or its subcontractor’s failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 17.18 Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35- 391.06 and 35-393.06, the Consultant certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this subsection the term “scrutinized business operations” shall have the meanings set forth in ARIZ. REV. STAT. § 35-391 or 35-393, as applicable. If the Town determines that the Consultant submitted a false certification, the Town may impose remedies as provided by law including terminating this Agreement. 17.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the EECBG Special Terms and Conditions, the Agreement, the Scope of Work, the Fee Proposal, the Assurances – Construction Programs and the Wage Determination, the documents shall govern in the order listed herein. 17.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGE] Pg 336 Pg 336 Pg 336 Pg 336