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HomeMy WebLinkAbout2011.0407.TCREM.Minutesz:\council packets\2011\r4-21-11\110407m.docx Page 1 of 8 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 7, 2011 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Schlum called the meeting to order at 5:45 p.m. in the Town Hall Fountain Conference Room. AGENDA ITEM #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.) ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Vice Mayor Contino, Councilmember Brown, Councilmember Leger, Councilmember Hansen, Councilmember Dickey and Councilmember Elkie. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Councilmember Dickey MOVED to go into Executive Session and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Executive Session convened at 5:45 p.m. AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION Mayor Schlum adjourned the Executive Session at 6:25 p.m. REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:33 p.m. in the Town Hall Council Chambers. * INVOCATION – Ms. Leann Gratz from Church of the Ascension * ROLL CALL Present for roll call were the following members of the City Council: Mayor Schlum, Vice Mayor Contino, Councilmember Brown, Councilmember Leger, Councilmember Elkie, Councilmember Hansen 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 (i) Recognition of Public Safety Advisory Commission members' prior services to the Town of Fountain Hills: Larry Moyse and Kathy Krogstad. z:\council packets\2011\r4-21-11\110407m.docx Page 2 of 8 Mayor Schlum stated that Mr. Moyse and Ms. Krogstad were not present this evening. He said that Mr. Moyse has served as Chairman for quite some time and was instrumental in conducting the Annual Public Safety Fair and made very valuable recommendations to the Council regarding a wide variety of issues and assisted in the Block Watch Program. He added that Mr. Moyse regularly attended the meetings and his participation will be missed. The Mayor thanked Mr. Moyse for his involvement, service and the numero us hours he put in to benefit the entire community. Mayor Schlum also commended Ms. Krogstad and noted that she served as a member of the Commission since 2004. He said that she assisted in the establishment of the Town's Block Watch Program and is an advocate for crime prevention and a voice for public safety concerns. The Mayor thanked Ms. Krogstad for her involvement and service on the Commission and said that she has made a great contribution to the Town. The Mayor advised that Certificates of Appreciation will be presented to Mr. Moyse and Ms. Krogstad. (ii) Presentation by John Milne and Tim Zehring relating to Crime Free Multi-Housing. Tim Zehring addressed the Council and said that he will also represent John Milne and provide an overview of the Sterling Crime Free Program. He discussed the history of the Crime Free Program, which he founded in 1992 when he worked for the Mesa Police Department. He said that he retired after 22 years of service and noted that he was spending 70% of his patrol time in multi-family housing units, where a high percentage of crimes occur and to combat the crime, the Crime Free Multi-Housing Program was developed. He said that over 2,000 cities have realized great success with the Program. Mr. Zehring advised that in 1993 the Program partnered with the Arizona Multihousing Association and in 1994 the Arizona Legislature adopted the Crime Free Lease Addendum into A.R.S. §33-1368 (a "One strike you're out" document), which states that if any resident of a multihousing unit is involved in a crime, drugs, violence, etc., the first time it happens they would be evicted. He noted that President Clinton, in his State of the Union address, issued a challenge to Congress and the American peopl e to stop gang members and drug dealers from destroying the lives of decent tenants. Mr. Zehring discussed the 2002 U.S. Supreme Court final and unanimous decision (H.U.D. vs. Rucker), which backed the One Strike you're out" slogan; property improvements to enhance crime prevention, which sometimes are barriers to units that want to participate (costs related to security lighting, door and window locks, visibility, etc.), training that he has overseen, the fact that he received approval to approach insu rance companies because they have the ability to reward people for making improvements to their properties; the fact that he approached John Milne (Sterling Grant & Associates, insurance advisors)and other companies and explained the plight of people who own rental properties and want to improve them, but during these tight budget years they have to find a way to get money back for their improvements; insurance companies stated that they were happy to be on board with the program and provide support; Mr. Mi lne's assistance in reaching the people that had to be reached in order to accomplish the goals; the establishment of public/private partnerships by Mr. Milne; free training that is provided and classes that are given to educate property owners on things they can do to enhance safety and decrease crime, the three Cs -- competency, character and collaboration; and the Sterling Crime Free slogan -- "Improving Our Community Through Individual Responsibility." Mr. Zehring advised that the program has been extremely successful and said that they are hoping to be able to provide free training to the residents and business members in Fountain Hills. Mayor Schlum thanked Mr. Zehring for his presentation and noted his long history in crime prevention. He asked if the program is something that the property owners opt in to. Mr. Zehring replied yes, and added that the program is voluntary and when people hear about it they might resist it at first because they are afraid they have to do certain things but once they find out it is voluntary many people become involved. He noted that when he retired from Mesa in 2008 he had 1600 property managers that joined the Crime Free Program and they represented 115,000 rental units. He added that the success is being realized all across the country. z:\council packets\2011\r4-21-11\110407m.docx Page 3 of 8 Councilmember Dickey asked Mr. Zehring if he was familiar with the Keeping America Safe practices and noted that they recently did a presentation in the City of Scottsdale. She said that they reported, as Mr. Zehring did, that half of the calls for service come from 10% of the locations. Councilmember Dickey questioned whether Mr. Zehring was familiar with other similar programs that are in place and he said he is aware of them and does safety presentations all across the country and many of those programs are extremely worthwhile and effective. He stated that he wholeheartedly endorses their philosophies. He is not familiar with anyone connected with those programs in Arizona but has met with them and attended presentations on a regional basis. He said that he would love to meet with them. Mayor Schlum again thanked Mr. Zehring for his presentation and Mr. Milne for his attendance. CALL TO THE PUBLIC Town Clerk Bev Bender advised that one citizen wished to address the Council. Wendy Bozzi addressed the Council and said that she had handed out some material prior to the meeting for the Council's review (copy available in the office of the Town Clerk). She said that the impressive visual effect that the release of thousands of balloons being released into the sky lasts only a few minutes but the impact on wildlife and the marine conservation environment may last much longer with potentially harmful consequences. She emphasized that she is not against balloons; she is against releasing them into the atmosphere because they eventually return to earth and pose a hazard to wildlife, water and land. She provided a brief recap of her history and wildlife volunteerism. She advised that every year her organization visits schoo ls in Town and she has told hundreds upon hundreds of children about the dangers associated with releasing mylar and latex balloons into the environment. She added that they also talk about alternatives. She reported that at the high school graduation last year at the end of the ceremony hundreds of balloons were released -- only visible for a few seconds but their damage can last for years. She noted that it is illegal to litter under the Environmental Protection Act but many people are unaware of the fact that the release of balloons results in litter (balloons can take up to four years to fully degrade). She discussed additional negative impacts of the balloons on wildlife and the environment. Mayor Schlum thanked Ms. Bozzi for her presentation and advised that the Council did receive copies of her materials. He said that he is sure she will make people aware of this issue and added that she can certainly contact the members of the Council at any time. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MARCH 8 AND 17, 2011. Councilmember Brown MOVED to approve the Consent Agenda as listed and Councilmember Elkie SECONDED the motion. A roll call vote was taken as follows: Councilmember Dickey Aye Mayor Schlum Aye Councilmember Leger Aye Councilmember Hansen Aye Vice Mayor Contino Aye Councilmember Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2011\r4-21-11\110407m.docx Page 4 of 8 REGULAR AGENDA Mayor Schlum noted that Agenda Item #5 has been pulled off the agenda at the request of staff. AGENDA ITEM #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. Mayor Schlum MOVED to appoint Donna Yordy to serve on the Community Center Advisory Commission for the remainder of a two-year term beginning April 7, 2011, and ending December 31, 2012, and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #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. Mayor Schlum MOVED to appoint Ronald Ruppert to serve on the Parks and Recreation Commission for the remainder of the vacated term beginning April 7, 2011, and ending December 31, 2011, and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mayor Schlum thanked all of the applicants who applied to serve on both of the Commissions and encouraged them to look for additional opportunities to serve on in the future. AGENDA ITEM #4 - DISCUSSION WITH POSSIBLE ACTION TO APPROVE THE CENTENNIAL CIRCLE CONCEPT PLAN (BUDGT 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. Community Services Director Mark Mayer addressed the Council and noted that back in January Former Mayor Jerry Miles had appeared before them relative to the potential of renaming the courtyard area between the Library and the Community Center to the Centennial Circle. He advised that a Resolution was passed on the evening of January 20th endorsing that effort and requesting that Mr. Miles work with various groups in Town and come back with a concept plan. Mr. Miles also mentioned at that meeting that he was going to be seeking Tow n funds for the construction of memorials, which are part of the design. He stated that Mr. Miles is back this evening to make a short presentation (copy on filed in the office of the Town Clerk) to the Council regarding the design of the project and some of the associated costs. Mr. Miles addressed the Council and said that he has been working with representatives from the Town's Centennial Commission, the Library Association, the Historical Society, Fountain Hills Cultural and Civic Association, and a variety of other individuals including Councilmember Brown, who has been extremely helpful. He said that they envision a series of improvements designed to make the circle first reminiscent of what has made Arizona great and second a tourist attraction, and, more importantly, to provide an area that the Town's residents and visitors can use and gather at. He advised that they are looking at initially putting up a series of eight monuments. He said that he went over to the Veterans ' Memorial and thought it looked pretty good so he took a picture of it and went back to the photo shop and erased the military portion of it and said "that is going to be the base." He highlighted a brief presentation (copy available in the office of the Town Clerk) and showed photographs depicting the proposal. He noted that they are proposing that a series of eight monuments be placed around the area, five of which would be based on the five Cs -- Cattle, Copper, Citrus, Cotton and Climate -- and they have been working on that with a company called PMI Photo Metals. They envision for each one of them a photograph representative of that particular area and text that will describe the importance of each one. He added that the Museum is preparing the conceptual photograph of a timeline monument. He said that the Centennial Circle is being sponsored by Chamber of Commerce, the Library Association is sponsoring all of the five Cs, and the Historical Society is sponsoring the Arizona Timeline. There will also be one that contain s the State Centennial z:\council packets\2011\r4-21-11\110407m.docx Page 5 of 8 Seal. He noted that the last one that they are working on is what they hope will be a memorial to the joint cooperation over the last many, many years between Fort McDowell and the community. He stated that they met with a representative of the reservation a few days ago and he liked the idea and said he would take it to the Tribal Council, which meets on April 12th. He said that informally they met with President Pattea and he said he thought it would be a good idea. Mr. Miles discussed the fact that each of the monuments will be similar in size and shape as those in the Veter ans' Memorial and the fact that the sculpture Power of Thought is being paid for by contributions from over 43 local groups and individuals who have pledged or given $500 or more, plus numerous small contributions. Mr. Miles advised that he is present tonight to request $9,000 from the Town to get started on this private/public partnership. He said discussions are taking place regarding groundcover and access (particularly ADA access), park benches, greenery and other improvements. He stated that they will be bringing those before the Council in stages over the next few weeks/few months with the idea that by the time the Centennial comes around they may not have it all put together but they will have a pretty good idea of where it is going. He added that the costs will probably have to extend over two or three budgets because of the current financial situation. He pointed out that the piece of property in front of the Community Center has just sat there since the buildings were put up and said that it is time to make use of it and they think this is a good place to start. He respectfully reiterated the group's request for $9,000 to get started and said that the moment that does get started he will place the order for all of the other artwork that they saw. He added that with any luck they will have the memorials up by the end of May. He indicated his willingness to respond to questions from the Council and thanked them for their consideration. Vice Mayor Contino stated that Mr. Miles mentioned that Councilmember Brown had done a lot of work on this and asked who is going to be building the monuments. Mr. Miles responded that it is his understanding that Councilmember Brown is going to be acting as general contractor on the project and said that is a matter between the Town, Councilmember Brown and whoever else is involved. Councilmember Brown clarified that all he is going to be doing is putting the proposals together and giving them to Mr. Mayer -- he is just helping to ensure that the Town gets the work done for the least amount of money and as quickly as possible. There were no citizens wishing to speak on this agenda item. Mayor Schlum thanked Mr. Miles for the presentation and everyone else who is working on this very important project. Mr. Miles noted that Mr. Mayer has been extremely helpful throughout this process. Councilmember Dickey MOVED to approve the Centennial Circle concept plan and to authorize the transfer of $9,000 from the Manager's Contingency Fund to the Facilities - Community Center budget for the 2010-11 fiscal year to construct monuments and Councilmember Brown SECONDED the motion. Councilmember Hansen asked if the Council needed to make it clear that even though they are approving the concept plan that does not represent a commitment of dollars at this time. Mayor Schlum said he thought that should be pretty well understood and funding would have to carry over into multiple budgets should the Town continue to fund it. Councilmember Hansen said it is kind of a flexible thing at this point and not paved in stone. The Mayor commented that this is a concept plan and there is not a lot of detail at this point. The idea of the concept with the circle being the Centennial Circle, encompassing the monuments and other things as well, he thinks they are in favor of but as far as funding it, that will be determined as they go. z:\council packets\2011\r4-21-11\110407m.docx Page 6 of 8 Councilmember Dickey asked whether the Council will see the actual text for the monuments before they are actually made and Mr. Miles replied that the language will be e-mailed to the Council this evening. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #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. NOTE: AGENDA ITEM #5 WAS PULLED FROM THE AGENDA AT THE REQUEST OF STAFF. AGENDA ITEM #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. Street Superintendent Ken Kurth addressed the Council relative to this agenda item and noted that the contracts before the Council tonight are for crack sealing, surface sealing, slurry sealing, pavement striping and markings in Zone 5 of the Town's Pavement Management program. He noted that staff has reviewed numerous County and State contracts and believe that the proposal being recommended represents the best available price. He noted that by piggybacking off of these contracts the Town can take advantages of services previously bid for much larger volumes of work. He noted that the contracts were bid prior to the recent spike in oil prices (and the prices have been locked in). He said that staff believes they could not have received better pricing if they were to bid them out under current market conditions and recommends approval. He added that they have $515,000 budgeted in the Capital Projects funds and these four contracts will total under $400,000. Mr. Kurth indicated his willingness to respond to questions. He advised that the presentation covers agenda items #6 through #9 and the Mayor said they will make separate motions on each so if there are any questions they will be asked as they vote on each item. Mayor Schlum thanked Mr. Kurth for his presentation. Councilmember Dickey MOVED to approve Professional Services Agreement C2011-125 between Cactus Asphalt and the Town of Fountain Hills in an amount not to exceed $115,000 and Councilmember Brown SECONDED the motion. There were no citizens wishing to speak on agenda items #6 through #9. Councilmember Elkie commented that he believes he heard Mr. Kurth say that the monies for this have already been budgeted (CIP) and Mr. Kurth confirmed that fact. Councilmember Leger stated that looking at the Capital Improvement Projects this af ternoon and this particular project, although there are four agenda items, this is all under one budget item in the plan (S6008) and he thinks it is important for people to know that the total amount budgeted is $515,000 and when he adds up all of these contracts they total $396,000. He commended staff on the savings that will be realized as a result of their efforts. Councilmember Elkie asked whether legal counsel had reviewed and recommended approval on all of the contracts. Town Attorney Andrew McGuire advised that staff has prepared all of the piggyback agreements and reviewed them. The Mayor noted that there are more details in the Council's packets. He said that he had asked staff prior to the meeting why piggybacking was the preferred option and he believes he obtained a good explanation. He asked if the contract itself is similar to that in place for other cities. Mr. McGuire advised that the exact contracts were used. z:\council packets\2011\r4-21-11\110407m.docx Page 7 of 8 The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #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. For discussion see notes under Agenda Item #6. Councilmember Leger MOVED to approve a Professional Services Agreement, C2011-126, between Cactus Asphalt and the Town of Fountain Hills in an amount not to exceed $110,000 and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #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. For discussion see notes under Agenda Item #6. Councilmember Leger MOVED to approve Professional Services Agreement C2011-127 between Southwest Slurry Seal, Inc. and the Town of Fountain Hills not to exceed $155,000.00 and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #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. For discussion see notes under Agenda Item #6. Councilmember Elkie MOVED to approve Professional Services Agreement C2011-128 between Pavement Marking, Inc. and the Town of Fountain Hills in an amount not to exceed $16,000 and Councilmember Brown SECONDED the motion. Councilmember Hansen asked if the Town's staff has the oversight on the contracts and Mr. Kurth replied that staff monitors the progress and ensures that the projects are accomplished on schedule. In response to a request from Councilmember Elkie, Mr. Kurth explained the process that was followed by staff in order to piggyback on the various contracts. He confirmed that the contracts are available for staff's review and added that most of the vendors will point staff towards what they need. Councilmember Elkie thanked staff for bringing these projects in under budget. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #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. Mayor Schlum noted that the Council received information regarding the balloons (as presented by a citizen during the meeting). z:\council packets\2011\r4-21-11\110407m.docx Page 8 of 8 Councilmember Dickey asked the Town Manager to look at the Town's applications as far as events and see if there is any way they can look at the balloon release situation. Mayor Schlum commented that the speaker will also talk to the High School and perhaps something can be done in that respect. AGENDA ITEM #11 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. Town Manager Rick Davis reported that he attended along with Boys & Girls Club Director Rich Schultz a presentation on helping Arizona's youths succeed. He noted that the three hour long presentation took place in Tempe and focused on the importance of after school programs in curbing at risk behaviors. He added that they shared statistical information with regard to the impact that positive adult relationships have in helping kids avoid at risk behaviors. He said that they also talked about programs that seemed to be interesting and fun but don't have any impacts as far as helping youths avoid those at risk behaviors. He added that today he had the opportunity to meet with officials from Fort McDowell, the Town of Queen Creek, and the City of Mesa to talk about traffic circulation. He advised that this is a spinoff of the collaboration summit where they talked about the need to address long term traffic circulation in the eastern part of the Valley. He said that they will also have discussions with MAG next Wednesday to possibly start the ball rolling on getting a series of projects noticed so they can appear on the TIP later on so long term planning for those projects can begin. He noted that traffic circulation is a regional issue. AGENDA ITEM #12 - ADJOURNMENT Councilmember Leger MOVED to adjourn the meeting and Vice Mayor Contino SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:18 p.m. TOWN OF FOUNTAIN HILLS By __________________________ Jay T. Schlum, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town 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 7th day of April 2011. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st day of April 2011. _____________________________ Bevelyn J. Bender, Town Clerk