HomeMy WebLinkAbout2016.1020.TCRM.MinutesTOWN OF FOUNTAIN HILLS
NOTICE OF REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 20, 2016
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Fountain Hills Town Hall Council Chambers.
* INVOCATION - Associate Pastor Ken Brown, Fountain Hills Presbyterian Church was not present; Mayor
Kavanagh asked for a moment of silence in lieu of Pastor Brown's absence.
* ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Councilmember Henry Leger, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember
Cassie Hansen and Councilmember Dennis Brown. Town Manager Grady E. Miller, Town Attorney Andrew
McGuire and Town Clerk Bevelyn Bender were also present. Vice Mayor Nick DePorter was absent.
* MAYOR'S REPORT
Mayor Kavanagh introduced the following dignitaries present Vice Presidents of the City of Zamosc, Magadalena
Dolgan and Andrzej Azastapilo from Poland; and Mayor Thomas Vis of Dierdorf, Germany, his wife Susan and
son Patrick. Also present were: Sharminda and Elmar Hartmann and their daughter Mira, Bert and Audrea
Leschinski, and Fountain Hills Sister Cities representative Christine Colley, Poland Consul Bogumil Horchem,
his wife, Elizabeth Horchem, and Former Mayor Sharon Morgan. Also in attendance were the German student
Chaperones Betina Boxler, Martin and Bruni Hegemann, along with Fountain Hills Sister City representatives
Estelle Mackey and Jean Linzer.
i) THE MAYOR WILL READ A PROCLAMATION EXPRESSING APPRECIATION FOR THE
FRIENDSHIP AND PARTNERSHIP BETWEEN DIERDORF, GERMANY AND THE TOWN OF
FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line and in the office of the Town Clerk) that October 6,
2016, as German -American Day and proclaimed appreciation for the friendship and partnership between
Dierdorf, Germany and the Town of Fountain Hills.
ii) THE MAYOR WILL READ A PROCLAMATION EXPRESSING APPRECIATION FOR THE
FRIENDSHIP AND PARTNERSHIP BETWEEN ZAMOSC, POLAND AND THE TOWN OF
FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line or in the office of the Town Clerk) expressing the
Town's appreciation to Zamosc, Poland for their friendship and partnership with the Town of Fountain Hills.
Mayor Kavanagh presented the representatives from Germany and Poland copies of the Town's proclamations.
Martin Hagemann spoke for the Dierdorf delegation and gifted the school with a painted mural with the assistance
from the Poland students. Mr. Hagemann also thanked all the teachers who were involved with the program and
praised the wonderful Fountain Hills program. The delegation expressed their appreciation and presented gifts to
the Town of Fountain Hills and they expressed how organized Fountain Hills and the schools were and noted they
all looked forward to the Fountain Hills students' upcoming visit to their country. The Zamosc Mayor The
delegation invited everyone to visit and experience their towns. Mayor Kavanagh added on behalf of the Council
and the Town she expressed appreciation to the delegation. Mayor Kavanagh also expressed she was glad they
were enjoying their visit and encouraged them to return again.
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iii) RECOGNITION OF THE TOURISM DIVISION FOR AWARDS RECEIVED FOR THE
INTERNATIONAL FESTIVAL AND EVENTS ASSOCIATION: GOLD — BEST ORGANIZATIONAL
WEBSITE; SILVER -BEST SINGLE MAGAZINE DISPLAY AD; SILVER -BEST AD SERIES;
BRONZE -BEST MISCELLANOUS ON-SITE DECOR.
Town Manager Grady Miller stated that the Town's tourism division recently won four awards from the
International Festival and Events Association (IFEA) given by their peers of comparable size and mentioned there
was limited Town resources available for their funding. Town Manager Miller introduced Recreational
Supervisor Rachael Goodwin who acknowledged the awards they received in person at the conference held in
Tucson, Arizona. Grace Rodman, Tourism Coordinator presented a PowerPoint presentation (available on line or
in the office of the Town Clerk) explaining each award. Ms. Goodwin added that this was the second year that
the Town had won "Best Ad Series". Mayor Kavanagh and Town Manager Miller congratulated staff and
presented the awards to Ms. Goodwin and Ms. Rodman.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC
DEVELOPMENT.
Mayor Kavanagh had nothing to report.
ii) COUNCILMEMBER YATES TO PROVIDE AN UPDATE ON THE ACTIVITIES OF THE MARICOPA
ASSOCATIONS OF GOVERNMENTS REGIONAL DOMESTIC VIOLENCE COUNCIL.
Councilmember Yates pointed out that October was National Domestic Violence Awareness Month and the
Town, along with Arizona Governor Ducey, lit up their government buildings with purple lighting in recognition.
Councilmember Yates noted that Councilmembers also wore purple this evening in support of this cause.
Councilmember Yates stated that on September 23rd, he and 14 others participated in a workshop to study the
effectiveness of the system. He noted the four areas of their focus included funding, training and education,
coordination and collaboration and the services and they had identified 15 strategies. Councilmember Yates
explained that more information could be found on the www.azmag.gov web site under domestic violence and he
mentioned some of the activities being planned in the valley. Mayor Kavanagh thanked Councilmember Yates
for his participation on the committee.
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM OCTOBER 6, 2016.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION FOR
SAMPLING PRIVILEGES SUBMITTED BY STEVE J. DELLY, AGENT OF FOUNTAIN HILLS EXPRESS
CONVENIENCE STORE & DELI LOCATED AT 11829 N. SAGUARO BOULEVARD, FOUNTAIN HILLS,
AZ.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE DONATION OF A CAROUSEL HORSE
FOR PLACEMENT IN TOWN HALL FROM RIVER OF TIMES MUSEUM AND THE DONATION OF A
PIECE TITLED, "GHAN DANCER II", FOR PLACEMENT ON THE AVENUE OF THE FOUNTAIN
PLAZA.
AGENDA ITEM #4 — CONSIDERATION OF APPROVING CONTRACT C2017-054 WITH SCHINDLER
ELEVATOR CORP., IN THE AMOUNT OF $32,000, FOR SERVICE, MONITORING AND EXTENDED
WARRANTY.
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AGENDA ITEM #5 — CONSIDERATION OF APPROVING COOPERATIVE PURCHASING AGREEMENT
C2017-051 WITH BERGE FORD FOR THE PURCHASE OF TWO LIGHT DUTY TRUCKS IN THE
AMOUNT NOT TO EXCEED $61,214.32.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING COOPERATIVE PURCHASE AGREEMENT
C2017-052 WITH BERGE FORD FOR THE PURCHASE OF ONE MEDIUM DUTY TRUCK IN THE
AMOUNT NOT TO EXCEED $30,099.66.
AGENDA ITEM #7 — CONSIDERATION OF APPROVING COOPERATIVE PURCHASING AGREEMENT
C2017-053 WITH MIDWAY CHEVROLET FOR THE PURCHASE OF THREE MEDIUM SIZE SUV'S,
ONE LIGHT DUTY TRUCK AND ONE SEDAN IN THE AMOUNT NOT TO EXCEED $130,772.41.
AGENDA ITEM #8 - CONSIDERATION OF APPROVING AN AMENDMENT TO CONTRACT C2017-013,
WITH PRECISION ELECTRIC COMPANY INCREASING THE AMOUNT FROM $29,999 TO $75,000,
FOR PUMP REPAIRS AND SYSTEM TEXTING FOR THE FOUNTAIN AT FOUNTAIN PARK AND A
BUDGET TRANSFER IN THE AMOUNT OF $50,000.00.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Magazine
SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Magazine Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (6-0), by those present.
AGENDA ITEM #9 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE
FOUNTAIN PARK BOLLARD LIGHTING.
Town Manager Miller explained the park lighting project was installed approximately one-year ago and he noted
concerns were expressed from residents and visitors about the lighting. Town Manager Miller stated since that time
staff had been working with Ted Blank and Donna Brinkmeyer, residents who serve as spoke persons for the group
requesting the park lighting issues be addressed. Town Manager Miller stated that at the direction from Council during
an April Council meeting, staff contracted Kimley-Horne an independent engineering firm to evaluate the uplight from
the bollards as reported by the manufacture and to determine if the Town received the product they paid for.
Town Manager Miller introduced Community Services Director Mark Mayer who presented additional information
with a PowerPoint presentation (available on line and in the office of the Town Clerk). Mr. Mayer explained the
rational for the park lighting project that had been discussed over the years allowing the public to safely use the park at
night and to be ADA compliant. Town Manager Miller clarified that the black bollard described in the presentation
was more expensive due to the difference in product line. Mr. Mayer added that the gray bollard chosen to be installed
was less expensive because the bollard was seen as the middle of the line. Town Manager Miller expressed that the
other options staff discussed were to change from a 4,000K bulb to a softer light at 3,000K.
Mr. Mayer explained that the lighting construction project budget ended and no money was currently available in the
budget for any changes. Mr. Mayer added that funds would have to be found if Council requested to make changes to
the lighting.
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Councilmember Hansen asked what the cost would be to change to lower level lighting. Town Manager Miller
answered that it would be the same cost as replacing the dry heads to a lower lighting at 3,000K at an approximate cost
of $77,770.00, plus tax and freight.
Mayor Kavanagh asked if the lower lighting was ADA compliant and Town Manager Miller answered that staff did
not have that information, but it was the opinion of Mike Columbo, an electrical engineer that the difference would be
like a 100W bulb being replaced with a 45W bulb; he noted there would be some shadowing on the paths.
Mr. Mayer stated he would be available to answer any questions and introduced Mike Columbo from Kimley-Horn
Engineering who would attempt to clarify specifications and field tests in his September 29, 2016 report with a
PowerPoint presentation.
Mr. Columbo pointed out that a third option would be to replace the driver but that would not change the light color.
Town Manager Miller added that the color could be changed and Mr. Columbo agreed but the color change was not
included in the cost proposal.
Mayor Kavanagh asked if the Council had questions for Mr. Columbo.
Councilmember Yates asked how to compare the down lighting to a direct light. Mr. Columbo answered that the
lighting would be vertical with the light source considered sky glowing as stated by the manufacture.
Councilmember Brown asked if the board was out of the bollard and placed horizontal allowing it to shine across the
sidewalk horizontally would the light be brighter than seen as a down light and Mr. Columbo answered absolutely.
Councilmember Magazine expressed that if he understood citizens concerns, the issues were due to the lighting, not
the bulbs themselves, but the reflections around the bollards. Mr. Columbo answered that was correct, but the issue
was a combination of two things collard temperature with blue spectrum light that could be irritating to the eye and the
reflective surfaces. Councilmember Magazine asked what were the reflective surfaces and Mr. Columbo answered
that it was mostly the 10' cement walkway adjacent to the bollards. Councilmember Magazine asked if the bollards
were moved or the pavement painted black would that affect the lighting. Mr. Columbo answered that the refection
would be reduced somewhat and explained that he tested a black bollard and did see a reduction in the brightness.
Councilmember Magazine asked why the black bollard would make a difference and Mr. Columbo responded that the
black absorbed more light than the aluminum body. Councilmember Magazine stated that a black surface along with a
black light would then reduce the lighting further.
Councilmember Leger asked if the Town received the product expected and for the price paid. Mr. Columbo answered
he believed the manufacture did not mislead the Town in anyway.
Councilmember Leger asked if the Town replaced the 700 lumens for 350 lumens and the 4000K to 3000K, how
would that impact the lighting. Mr. Columbo answered that would be a reduction of 10% and replacing the 700mA
drive current to a 350mA current would be a reduction of 50% or a one to one with a total reduction of approximately
60%. Councilmember Leger asked how this type of change impacted ADA requirements. Mr. Columbo stated he did
not know how the Town previously determined the light spacing. Councilmember Leger understood more testing
would have to be done to determine those changes and Mr. Columbo answered yes, but expressed that sometimes it
was a judgment call.
Councilmember Hansen asked if it would be sufficient to change out possibly six bollards and then make a
determination to the pattern of placement on the sidewalk and its impact. Town Manager Miller added that staff had
previously discussed this idea.
Mayor Kavanagh asked Town Attorney McGuire if the Town could be held responsible if someone fell or were injured
after the Town reduced the level of lighting on the park paths. Town Attorney McGuire responded he was not inclined
to answer as then there would be a public record.
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Councilmember Yates noted that there were pro -action attorneys who were recently focused on ADA compliance in
commercial real estate and the Attorney General had found situations not meeting those guidelines to be guilty and
given astronomical fines.
Councilmember Leger stated he felt that the Town maybe over ADA compliance at this time, but without field tests
that could not be a determined. Councilmember Leger asked for the current level of circuitry and the total amount of
lights attached to each circuit. Mr. Columbo answered that he had not studied the electrical plans for the park lights,
but Mr. Mayer added that certain breakers were located around the park and felt this would not be an issue since the
new lights replaced old ones.
Mayor Kavanagh questioned the hours the lights were active in the summer verses winter. Mr. Mayer answered there
were no variances in hours.
Councilmember Magazine expressed that if field tests were found to be ADA compliant, then the fix would be new
bulbs at approximately $77,700 plus and Mr. Columbo agreed.
Councilmember Yates noted the current lighting was designed by a licensed architect and calculated to meet ADA
requirements and new calculations would have to be made to assure ADA compliance if the bulbs were replaced.
Councilmember Brown asked for the life expectancy of the LED bulbs and Mr. Columbo said that typically they were
expected to work for 75,000 hours or 10 to 20 years. Town Manager Miller pointed out that these lights run seven
days a week, 52 weeks a year and there were also environmental conditions such as heat to be factored in to the
calculation. Councilmember Brown explained that in his business office he installed LED lighting (28 bulbs) and in
nine years none had been replaced to date. Councilmember Brown felt the LED lighting used in the park was a good
idea and he did not see anything wrong with the current lighting, which helped people feel safe. Councilmember
Brown suggested that when the lights did go out, then there could be a conversation to replace them. Councilmember
Brown noted the lights came on at 4:30 a.m. and he added now people use the walking park more than ever before and
added it looked pretty.
Councilmember Hansen felt that Council had accomplished the task in response to citizen's concerns and noted
Council and staff had gone over and beyond to address their issues.
Mayor Kavanagh asked for speaker cards and Town Clerk Bender answered there were eight cards received with four
that did not want to speak and all four noted they requested Council correct the lights in the park. Those cards were
from: Lance A. McAllister, Rachel Dunagan, John Mason, and Phil Chadwick.
Ted Blank, a Fountain Hills resident, represented a group of homeowners who walked the park frequently after dark
and he displayed photos of bollards that were located in different locations in Fountain Hills and pointed out the
attached louvers in those areas. Mr. Blank then showed photos of the park lighting without louvers. Mr. Blank
explained that their group surveyed park walkers and that 350 said they wanted louvers placed on the bollards.
Donna Brinkmeyer, a Fountain Hills resident, questioned if the bollards produced uplight and glare; she had found
there was no lighting coming out of the top of the fixtures and commented that the issue was the lights reflecting off
the aluminum surfaces below. Ms. Brinkmeyer questioned why these particular lights were purchased and felt it was
due to the misleading specifications on the aluminum bollards. She also expressed that the Town should replace the
lighting because of the 400 people surveyed who expressed the need for the lighting issue to be addressed and also felt
the Town should receive the product that was paid for.
Amberleigh Dabrowski, a Fountain Hills resident, pointed out that when the current lighting was approved it was ADA
compliant with minimal lighting to allow for the dark skies and she understood the Town received what they custom
ordered. Ms. Dabrowski suggested roughing out the cement as an alternative to help with light reflection and agreed
the lighting was safer for everyone and did not want the Council to pay for replacement lighting, which would be
fiscally irresponsible.
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Tina Gleisner, a Fountain Hills resident, expressed she moved to Fountain Hills for the dark skies and minimal lighting
Ms. Gleisner pointed out that Fountain Hills was a retirement community with highly skilled people living here with
free time who could help the Town with issues such as this, but felt there was an adversarial relationship between
citizens and the Town. Ms. Gleisner also noted that the Town did not have enough staff resources and had to contract
out for help when Council could engage Town people to do research in the community. She also felt the Town could
sell the current fixtures and bulbs.
Mayor Kavanagh asked for any further Council questions or comments.
Councilmember Magazine thanked the speakers for their work and expressed that a lot of research had been done by
the Town's citizens to help Council and that he did not see the adversarial relationship mentioned. Councilmember
Magazine stated he also saw the lights as being too bright and would like to see them dimmer, but the Town did not
have the funds since the least expensive solution would cost upwards of $100,000, He wondered then what other Town
projects would not be addressed that would benefit the Town. Councilmember Magazine stated there needed to be a
priority and replacing the lights did not meet this need and stated he could not support spending the money.
Councilmember Leger expressed his struggle with the information given from the consultant and the citizen's input
and asked Mr. Columbo about the uplighting and Mr. Columbo stated there was no direct uplighting; reflective
lighting was not considered uplighting. Councilmember Leger asked if Mr. Columbo about the measurements of the
lighting and if they included above the fixture and Mr. Columbo answered a total of 256 horizontal and vertical
measurements were taken.
Councilmember Brown expressed his appreciation to Mr. Columbo for all his work. Councilmember Brown discussed
the struggle that no matter what Council decided pertaining to this issue another group of citizens would be unhappy
and it was hard to make the all citizens happy. Councilmember Brown added that he weighted both sides of the issue
along with the help from citizen's input. He suggested that when the lights go out perhaps the bulbs could be changed
to a softer light but he could not support any more staff time or funding.
Councilmember Brown made the MOTION to not support any more staff time or money to change the bollard lighting
in Fountain Park and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-
0), by those present.
AGENDA ITEM #10 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Mayor Kavanagh noted there were no Council items directed to the Town Manager.
AGENDA ITEM #11 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Mayor Kavanagh pointed out that a reception was held prior to the Council meeting for the Polish and German
exchange students, dignitaries and chaperones who accompanied them. She thanked Elizabeth Horchem, wife of the
Consul of Poland, for organizing, purchasing and setting up all the refreshments. Mayor Kavanagh noted that some of
the students were in attendance at the beginning of the Council meeting from Zamosc, Poland and Dierdorf, Germany.
Mayor Kavanagh expressed that in order to help with expenses for the student exchange program the Fountain Hill's
Sister Cities Commission had held a fundraiser at the Community Center. Mayor Kavanagh thanked all the volunteers
who made the fundraiser a success. She added that the Polish and German exchange students visited Town Hall and
met staff who explained their jobs. Mayor Kavanagh stated the group was accompanied for their two week visit by the
two Vice Presidents of Zamosc, Poland, the chaperones from Germany and the Consul of Poland, Bogumil Horchem.
Mayor Kavanagh thanked Sister Cities High School Coordinator Jennifer Ray and all the host families.
Mayor Kavanagh announced that "Direct PT", Dr. Norma Ford opened her office with a ribbon cutting and expressed
that it was a pleasure to welcome her to Fountain Hills.
Mayor Kavanagh thanked Town staff for their outstanding job presenting to the Fountain Hill's Leadership Academy
along with a special "thanks" to Town Manager Miller for allowing staff to take time out of the busy day to speak to
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the academy students. She explained that the Leadership Academy students were resident's of Fountain Hills who
wanted to learn about Town government and she congratulated them for taking the initiative.
Mayor Kavanagh mentioned "The Movie in the Park" that was again a big success with families and kids filling the
park to watch "Zootopia". She "thanked" Town staff for their participation in its success and expressed her
appreciation to all the sponsors' who helped fund the two movies shown in Town each year.
Mayor Kavanagh stated that the Fountain Hills Public Art Committee dedicated a new bronze, titled "FDR", which
was placed in the area known as "Fount Rushmore" along with the other presidents. Mayor Kavanagh hoped this area
would become a tourist attraction for visitors who take photos with their favorite president.
AGENDA ITEM #12 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (6-0), by those present. The Regular Session adjourned at 8:06 p.m.
TOWN OF FOUNTAIN HILLS
:A
ATTEST AND
PREPARED BY:
Bevelyn J. Bender, Town Clerk
CERTIFICATION
Linda M. Kavanagh, Mayor
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 20th day of October, 2016. 1 further certify
that the meeting was duly called and that a quorum was present.
DATED this 3rd day of November, 2016.
Bevelyn J. Bender, Town Clerk
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