HomeMy WebLinkAbout2011.0505.TCREM.Minutesz:\council packets\2011\r5-19-11\110505m.docx Page 1 of 6
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 5, 2011
EXECUTIVE SESSION AGENDA
CALL TO ORDER
Mayor Schlum called the Executive Session to order at 5:32 p.m.in the Town Hall Fountain Conference Room.
AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S.
§38-431.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR
ATTORNEYS OF THE PUBLIC BODY (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, Development Services Director Paul Mood, Senior Planner Bob
Rodgers, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present.
Mayor Schlum MOVED to enter into the Executive Session and Councilmember Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (7-0).
AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION
Without objection, Mayor Schlum adjourned the Executive Session at 6:25 p.m.
REGULAR SESSION AGENDA
Mayor Schlum announced that the presentation by Mayor's Youth Committee member Kayla Behnke will be rescheduled
(Item # ii).
Mayor Schlum also advised that Agenda Item #4 on the Regular Agenda has been removed upon staff's request.
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Schlum called the meeting to order at 6:31 p.m. in the Town Hall Council Chambers.
* INVOCATION – Pastor Tony Pierce, First Baptist Church.
* 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
i) Proclamation ready by Mayor Jay T. Schlum declaring May 12, 2011 National Fibromyalgia Awareness
Day.
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Mayor Schlum stated that an estimated 10 million people in the United States, 6 to 8 percent of the
population of our country, and millions of people worldwide have been diagnosed with fibromyalgia, a
disease for which there is no known cause or cure. He noted that this is a chronic illness increasing in
alarming rates that causes fatigue and debilitating pain in women, men and children of all ethnicities. He
advised that it may take years to receive a diagnosis of fibromyalgia and medical professionals are often
inadequately educated on the diagnosis and treatment of this disease. He stated that increased awareness
and expanded knowledge of the realities of life with fibromyalgia will allow the community at large to
better support people who struggle with the man challenges of this chronic pain disorder. He noted that
various organizations, businesses and others around the country promote fibromyalgia awareness and
support, including improved education, diagnosis, research and treatment. He added that the community's
focus on fibromyalgia and its impact on patients' lives will help guarantee hope for a better future for those
struggling with this disease. Mayor Schlum stated that he recognizes the needs of these chronically ill
people and proclaims May 12, 2011 as Fibromyalgia Awareness Day in Fountain Hills and urged all
citizens to support the search for a cure and assist those individuals and families who deal with this
devastating disease on a daily basis.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by Barry Broome, President and CEO, Greater Phoenix Economic Council (GPEC).
Mr. Broome addressed the Council and highlighted a brief presentation on the Greater Phoenix Economic
Council --its background, accomplishments and future goals. (Copy on file in the office of the Town Clerk.)
Mr. Broome stated that the organization is supported by Maricopa County, 20 cities and towns, and more than
145 private-sector businesses. He noted that GPEC is the catalyst that strengthens the region's economic base,
ensuring it is both diversified and competitive.
Mr. Broome discussed GPEC’s prospect activity (a five-year analysis of prospect sources and international
prospects); prospects by high-wage industries; progress that has been made towards achieving goals (through
March 31, 2011); activities planned for Fiscal Year 2011-12; the importance of increasing competitiveness and
efforts in this regard; and new ways to market and communicate.
Mr. Broome thanked the Council for the opportunity to address them this evening and for their ongoing support.
Mayor Schlum thanked Mr. Broome for his presentation.
Councilmember Dickey referred to Senate Bill 1041 that was vetoed and asked if the cities were divided on that
Bill. Mr. Broome advised that there was total (unanimous) support from the cities and noted that the League of
Cities & Towns endorsed it.
Councilmember Dickey said that she heard that there might be a Special Session called to address some of the
bills that were vetoed and asked if this might be one of them. Mr. Broome replied that they certainly hope so.
He added that they were shocked by the veto and have received calls from the Governor's office that they would
sit down with them and explain what some of their issues were so they remain cautiously optimistic. He
advised that he had anticipated that there might be some recommendations to go along with the Bill but he did
not anticipate a veto.
Councilmember Dickey commented on the fact that the City of Glendale is a member of GPEC and asked if
GPEC has any role as far as what is going on with the hockey team in that city.
Mr. Broome responded "a little bit" and noted that he has supported them for a couple of reasons. He said that
he believes that people are underestimating the blow to the reputation of the market if the Coyotes leave from a
marketing perspective. He added that the second point is that the city owns the arena and it's not going
anywhere (a $25 million obligation that would be stranded). He stated that the threat to Fountain Hills is the
collapse of Mesa. If the Coyotes leave, the arena closes, Westgate fails, and, God forbid the NFL would have a
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lock out, just image that rolling through the west Valley. He said that Glendale could have a domino effect
throughout the west Valley and definitely on the rest of the region.
Mayor Schlum thanked Mr. Broome for the very good job he has done and stated that he appreciates his
leadership. He said that the collaboration that he sees at the meetings between GPEC, the public and the private
sector is very impressive (all working towards the same goals). He added that this is a great opportunity for
people to come together to obtain greater things. He stated that GPEC has been addressing diversity and the
economy head on. He said that he was happy to hear that more information will be made available to all elected
officials in the future, commended GPEC for all of the positive things they continue to do and thanked them for
their continuing support of Fountain Hills.
(ii) Presentation by Mayor's Youth Councilmember Kayla Behnke on her end of the year project: TopThree
Risk Behaviors Threatening Teens in Fountain Hills.
This agenda item to be rescheduled.
CALL TO THE PUBLIC
Town Clerk Bev Bender advised that two citizens wished to address the Council.
Janet Johnston addressed the Council and said she was present to speak to the Council regarding the preservation of
Fountain Hills. She stated that Fountain Hills is a very desirable place to live and added that a number of items that
greatly concern her have occurred over the past few months (regarding Town government) and, more specifically, the
potential establishment of a marijuana clinic in such a unique Town. She added that it appears to her that Fountain Hills
has set as its goal being renamed just like everywhere else -- Arizona, zip code 85268 -- as they attempt to copy and
become a typical suburb. She emphasized that Fountain Hills has a unique identity as a Town and if they establish a
marijuana clinic here, they will have dope dealers. She added just wait until the Town has its first marijuana related
fatality -- either a resident of Fountain Hills or someone who has come here to purchase marijuana at the legal clinic. She
advised that she is entreating and asking the Council to hold an emergency session to change the Zoning Ordinance in this
Town. She stated that she might be under the wrong impression but she was told that Paradise Valley and Scottsdale have
elected not to consider having a marijuana clinic in their municipalities. She noted that marijua na or synthesized
marijuana for patients at their end of life and in extreme pain is available from medical doctors. She said that she feels as
though Fountain Hills is Little Red Riding Hood and the big bad wolf has come and knocked on their door.
Mayor Schlum thanked Ms. Johnston for her comments and love for the Town. He asked if the Town Attorney could
speak to this issue because it continues to be one of great concern.
Town Attorney Andrew McGuire advised that during the Call to the Public the only thing that they can do is respond to
criticism but said that he would be happy to get in touch with Ms. Johnston and discuss the issue further.
Boe James addressed the Council and said that as a Veteran he would like to invite the entire Council and the rest of the
Town to attend the Memorial Day commemorations to be held at 9:00 a.m. on Memorial Day, the 30th of May , at
Veterans Memorial in Fountain Hills.
Mayor Schlum thanked both of the speakers for their comments.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 4, 12 AND 21, 2011.
AGENDA ITEM #2 – CONSIDERATION OF A FINAL REPLAT FOR A LOT LINE ADJUSTMENT
BETWEEN 15848 E. PALOMINO BOULEVARD AND 15860 E. PALOMINO BOULEVARD, AKA PLAT 605A,
BLOCK 2, LOTS 19 AND 20 (APN'S 176-13-345 AND 176-13-346). CASE #S2011-03.
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Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Dickey 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).
REGULAR AGENDA
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2011-15, NAMING THE SENIOR SERVICES
ACTIVITY CENTER "THE JOHN O'FLYNN SENIOR ACTIVITY CENTER" IN RECOGNITION OF HIS
MANY YEARS OF DEVOTED AND UNWAIVERING SERVICE TO THE SENIOR RESIDENTS OF THE
TOWN OF FOUNTAIN HILLS.
Senior Services Supervisor Kelly Fonville addressed the Council relative to this agenda item and said on behalf of the
Senior Services Advisory Commission she is requesting approval of Resolution 2011-15, the renaming of the Senior
Services Activity Center to "The John O'Flynn Senior Activity Center." She noted that Mr. O'Flynn was a resident of the
Town from 1984 to 2008 and throughout that period he worked toward establishing programs that would benefit the
community's senior citizens. Mr. O'Flynn was personally involved in and supported the development of the Home
Delivered Meals program. When the Town acquired Senior Services programs as a new division, Mr. O'Flynn was
appointed Chair of the Senior Services Advisory Commission and for several years continued to provide vision and
guidance to the senior programs until his passing in 2008. She said in recognition of the exceptional community service
that Mr. O'Flynn provided to the Town and its residents, it is appropriate and consistent with the Town's Naming Policy to
rename the Senior Services Activity Center as "The John O'Flynn Senior Activity Center."
Ms. Fonville explained that this item is being brought forward as funds to purchase the plaque are in the current budget
year and the necessary two-year waiting period since John O'Flynn's passing under the existing Naming Policy has been
met. She added that this item has been approved by both the Senior Services Advisory Commission and the Community
Center Advisory Commission. She noted that the intent is to have a five inch by twenty inch plaque placed outside the
Activity Center office. She added that the request is similar to Resolution 2006-12 dedicating the Community Center
reception desk as "The Evelyn and Ken Breting Reception Center." She clarified that this is not renaming t he Community
Center -- the plaque honoring John O'Flynn would be placed outside the Activity Center office just under the Senior
Services department sign. She noted that the plaque will match the existing signage in the Community Center and she
received a price quote of $130.00 excluding tax. She said this item is on page 231 of the budget under Senior Services
Administration Office Supplies. She advised that staff's recommendation is to approve this resolution and indicated her
willingness to respond to any questions.
There were no citizens wishing to speak on this agenda item.
Mayor Schlum thanked Ms. Fonville for her presentation and for sharing the information on this issue.
Councilmember Hansen MOVED to approve Resolution 2011-15 and Councilmember Leger SECONDED the motion.
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Councilmember Elkie asked if anyone has been in touch with Mr. O'Flynn's family and Ms. Fonville advised that she has
been in communication with Betty and if there is anything the Council would like communicated to her she woul d be
happy to do so.
Mayor Schlum advised that this is a great opportunity to again express the Town's thanks to Mr. O'Flynn and his family
and added that Betty continues to contribute to the community. He said that he looks forward to celebrating the plaque
being placed and reiterated that they will not be renaming the Community Center but it is a great way to lift up the family
and again thank them for all they have done in Fountain Hills.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #4 – CONSIDERATION OF A CONTRACT WITH ENERGY CONTROLS I (ECI) FOR THE
PURCHASE AND INSTALLATION OF THE ENERGY MANAGEMENT SYSTEM IN THE AMOUNTOF
$84,881.91.
This item was removed from the agenda upon the request of staff.
AGENDA ITEM #5 - CONSIDERATION OF A 2-YEAR EXTENSION OF THE APPROVED UTILITY
DISTURBANCE PERMIT FOR "LA BELLA VITA AT FIREROCK," FORMERLY "THE RETREAT AT
FIREROCK."
Mayor Schlum advised that there will be one report for Agenda Items 5 and 6.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and stated that the Concept Plan and final
plat for “La Bella Vita at Firerock” were originally approved in 2006. The Utility Disturbance Permit was originally
approved in 2008. He explained that due to economic conditions the project has not yet begun construction and during
this time the applicant has requested and has received annual extensions of approvals from the Town. Last year all three
approvals were grouped together and given the same expiration date, May 15, 2011, in order to facilitate processing future
extension requests or other permit processes. During the interim, the applicant has been working with the Firerock HOA
to get their architectural designs in order. The request this evening is to extend the approvals for the Utility Disturbance
Permit and the requirements to record the final plat for two years -- until May 15, 2013. The Planning and Zoning
Commission approved the extension of the Concept Plan and has forwarded to Council their recommendation that the
Utility Disturbance Permit and final plat recording extensions also be granted. He added that staff also recommends
approval of the extensions as presented and Mr. Rodgers indicated his willingness to respond to questions from the
Council. He noted that the applicants are also present should the Council wish to pose questions to them.
There were no citizens wishing to speak on either item.
The Mayor advised that the Council would do separate motions on each item.
Councilmember Leger MOVED to approve the 2-year extension of the Utility Disturbance Permit for “La Bella Vita at
Firerock” at Parcel "B" of Firerock. Said extension to expire on May 15, 2013 and Councilmember Dickey SECONDED
the motion.
Councilmember Brown indicated a potential conflict of interest and said that he would not discuss and/or vote on either
Agenda item #5 or #6.
Councilmember Leger stated that he recalls having this discussion in August of 2006 when the Council voted
unanimously to approve this project and much consideration went into it and changes were made. He asked if anything
has changed since that time.
Mr. Rodgers advised that nothing has changed.
The motion CARRIED UNANIMOUSLY by those voting (6-0) with Councilmember Brown abstaining.
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AGENDA ITEM #6 - CONSIDERATION OF A 2-YEAR EXTENSION OF TIME TO RECORD THE FINAL
PLAT FOR "LA BELLA VITA AT FIREROCK," FORMERLY "THE RETREAT AT FIREROCK."
(See discussion under agenda item #5.)
Councilmember Leger MOVED to approve the 2-year extension of the time to record the Final Plat for “La Bella Vita at
Firerock” at Parcel "B" of Firerock. Said extension to expire on May 15, 2013 and Councilmember Elkie SECONDED
the motion, which CARRIED UNANIMOUSLY by those voting (6-0) with Councilmember Brown abstaining.
AGENDA ITEM #7 - 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) directin g
staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #8 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE TOWN MANAGER.
Town Manager Rick Davis noted that Shea Boulevard is under construction right now and reminded everyone to exercise
caution and patience around that area. He said that the construction begins with the development of the medians and then
the other roadway improvements will continue on from there. He advised that they are looking at a mid to end of July
termination of the project and staff is very excited about the improvements.
Councilmember Elkie said he wanted to take this opportunity to thank the men and women serving in the country's
militaries, specifically Seal Team 6.
AGENDA ITEM #9 - ADJOURNMENT
Vice Mayor Contino MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:25 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
Sessions held by the Town Council of Fountain Hills in the Town Hall Fountain Conference Room and the Town Hall
Council Chambers on the 5th day of May 2011. I further certify that the meeting was duly called and that a quorum was
present.
DATED this 19th day of May 2011.
_____________________________
Bevelyn J. Bender, Town Clerk