Loading...
HomeMy WebLinkAbout2011.0616.TCRSEM.Minutesz:\council packets\2011\r8-18-11\110616m.docx Page 1 of 13 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE, REGULAR, AND SPECIAL SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 16, 2011 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Schlum called the Executive Session to order at 5:35 p.m. in the Town Hall Council Chambers. AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: 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, RELATING TO MEDICAL MARIJUANA DISPENSARY ZONING INFORMATION). 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. Councilmember Elkie MOVED to enter into the Executive Session at 5:35 p.m. and Vice Mayor Contino SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION Mayor Schlum adjourned the Executive Session at 6:00 p.m. REGULAR SESSION AGENDA * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:32 p.m. * INVOCATION – Pastor Tom Daly, Trinity Lutheran 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) The Mayor will read a Proclamation congratulating the City of Scottsdale on its 60th Anniversary. Mayor Schlum announced that the City of Scottsdale celebrated its 60th birthday on June 25, 2011, and said that the Town wishes to extend its congratulations to the City on its many accomplishments. He added that the City of Scottsdale has been cooperative and collaborated with the Town of Fountain Hills in many ways over the years. He said that the Town wishes to express its appreciation for the beneficial relationship that exists between their two municipalities. The Mayor z:\council packets\2011\r8-18-11\110616m.docx Page 2 of 13 proclaimed the Town's official congratulations to the City of Scottsdale on its 60th anniversary and thanked them for being a helpful and supportive neighbor. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation by the Maricopa County Sheriff's Office regarding "Rock Burglar" capture. Mayor Schlum announced that the "Rock Burglar" has been captured and said that Captain Joe Rodriguez will provide a presentation on that capture. Captain Rodriguez addressed the Council and highlighted a PowerPoint presentation on this item (copy available in the office of the Town Clerk). He noted that beginning in 2007, a series of burglaries began in the Town of Fountain Hills involving residential homes. The homes were always unoccupied with the homeowners either away for the day or on vacation. Though equipped with alarm systems, the homes were often left without the alarms being set. The homes were often marked in such a way that the suspect would be able to tell if the homeowner had returned prior to the burglary. The method of entry into the home, items stolen and the trace evidence left at the scene by the suspect were always similar. Captain Rodriguez discussed various details related to the case and explained that using the information gathered by the Computer Analysis, a team of detectives was formed to identify and apprehend the suspect. The team took a proactive approach, engaging in aggressive crime scene processing and enhanced surveillance operations. On the night of May 1, 2011, a surveillance operation by conducted by the team and a search of the Town revealed a list of homes that matched the profile of the homes where the burglar preferred to strike. He noted the steps that were taken in an effort to apprehend Neese and said that during the course of the surveillance operation, a citizen called into the Sheriff's Office 9 -1-1- call center to report a suspicious man who appeared to be hiding next door. Deputies responded and found a suspect hiding in the front yard. He was found to be in possession of tools that are consistent with those used in the series of burglaries under investigation. Captain Rodriguez reported that the suspect was identified as Robert J. Neese and advised that he was transported to the police station for processing. Approximately 325 burglaries are being attributed to the "Rock Burglar" beginning in 1993 and spanning 18 years (these crimes involved three different police jurisdictions). The property loss by the victims of his burglaries is estimated at well over $10,000,000. A test of the DNA sample collected at his arrest showed that he was in fact responsible for many more burglaries than first suspected. It was also learned that Neese was known to law enforcement by a much different name -- the "Rock Burglar." He reported that Mr. Neese has been scientifically linked to both the "Rock Burglar" crimes as well as a series of burglaries in Fountain Hills. He is currently in jail awaiti ng trial on these charges. Captain Rodriguez thanked the Council, Town staff and the Fountain Hills Times for the support they provided. Mayor Schlum agreed that it was a team effort and stated that the capture of the "Rock Burglar" is a tremendous accomplishment for the MCSO team and everyone else involved. (ii) Presentation by Mayor Schlum of the Town's Appreciation Certificates to the MCSO team for a job very well done. Mayor Schlum thanked Captain Rodriguez and called off the names of the MCSO team who were actively involved in the "Rock Burglar's" arrest. The Mayor also expressed his appreciation to Sheriff Joe Arpaio who was present in the audience. He presented each of the team members with Certificates of Appreciation from the Town and photographs were taken. Those presented included: Sgt. Marty Overton, Det. Jason Bentzel, Det. Brian Mackiewicz, Det. Tim Carey, Det. Gabe Harris, Det. Robert Bierwalter, Det. Mark Dibone, Det. Erin Gregory, Dep. Rodney Oaks, Dep. Steve Graham, Dep. Jeremy Stearns, Dep. Walter Douglas, Dep. James Mcfarland, Lt. Dave Munley, Criminal Analyst Mari Rowleigh, Pilot Josh Johnson and Tactical Flight Officer Terry Heimgarlner. Mr. Chris Brant, a resident of Fountain Hills and one of the crime victims, publicly thanked this great team and said he is very proud of them. He added that their actions have provided some closure. He noted that the recent delivery of z:\council packets\2011\r8-18-11\110616m.docx Page 3 of 13 telephone directories is an indication that someone is not in residence in their home and questioned whether th eir delivery could take place sometime in December or January, when the majority of people are in Town. He added that the little pieces of rocks that landscapers leave in the driveways also show that people are not home (when they do not remove them). He further stated that sometimes people advertise homes not being occupied by leaving something on the door handles and said he doesn't know if there is anything that can be done to contact people and tell them not to do that because it is a sign for people of ill repute. Boyce Baldwin also addressed the Council and said that he wanted to sincerely thank all of the officers for their professionalism and dedication. He too was a victim and the officers had shown such compassion and caring. He said that most of all he wants to thank them for the excellent results. The Mayor also thanked Chief Deputy Sheridan and congratulated him on his new position in the Sheriff's Office. Chief Deputy Sheridan commented that some good, honest and hard police work was done in order to accomplish this arrest. Sheriff Joe Arpaio addressed the Council and said that Town Manager Rick Davis should also receive some credit and wished him good luck in his new position. He stated that he is ver y proud of all the Deputies. On a personal note he said that he took office in 1993 and that is when the "Rock Burglar" started and he said then that "one day we are going to lock this guy up" but he never thought it would be in their home Town. He advis ed that he is proud to serve the Town and added that MCSO will not charge the Town for the helicopter or the dogs that were used in the apprehension. He thanked the Council for their ongoing support and the local newspaper for their cooperation. Councilmember Hansen stated that her family was lucky enough to live in that neighborhood and the night the helicopters started flying around they were just a wash or two away. The longer they stayed the more they got her attention and it was so impressive to be able to watch this take place. (iii) Update on the Maricopa County Sheriff's Office plan for enhanced block watch activities. Mayor Schlum commented on the block watch program stating that it is in effect in Town and commended the citizen who called 9-1-1 to report someone hiding on the property where the criminal was apprehended. He urged all citizens to participate in this very worthwhile program. Captain Rodriguez again addressed the Council and provided an update on the Maricopa County Sheriff's Offi ce’s plan for enhanced block watch activities. He said that this is a prime opportunity to "ride the wave of success" and regenerate the block watch program. He said that with changes in personnel and the current economy, the program ha d been put on the back burner but the intention is to move proactively forward with this program. He commented on the merits of the program particularly in a Town like Fountain Hills and said it helps people to know their neighbors and take an active role in the policing of their own neighborhood. He noted that the program provides detailed instructions on what to do if someone witnesses something or suspects that something illegal or improper is happening in Town. He urged citizens to be diligent and call if they think they are seeing something that isn't right (he provided numbers for citizens to call). He noted that the partnerships that are formed help solve problems. He said that between now and some organizational meetings in the fall, he would like citizens to start identifying people in the neighborhoods who would like to be block watch captains so that when they do have the kick-off meetings they will be ready to go. They would like to have two annual block watch captain meetings (one in the fall and one in the spring). He provided additional information, personnel contact information stating that anything citizens need to know can be obtained through the Sheriff's O ffice window at Town Hall and noted that there are brochures available as well. He emphasized that calls are not a bother -- they are a help and essential in keeping the community safe. Mayor Schlum thanked Captain Rodriguez for his presentation. He also thanked the Town's Public Safety Advisory Committee, which has done a lot of work on the block watch program and Councilmember Elkie for bringing forward some great ideas on how best to leverage this capture to stimulate the Town's block watch program. He again expressed appreciation to everyone for a job well done. z:\council packets\2011\r8-18-11\110616m.docx Page 4 of 13 CALL TO THE PUBLIC There were no citizens wishing to speak. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MAY 10, 19 AND 23, 2011. AGENDA ITEM #2 – CONSIDERATION OF RESOLUTION 2011-24, AN INTERGOVERNMENTAL AGREEMENT (JPA11-0631) WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF PEDESTRIAN COUNTDOWN TIMERS ON VARIOUS EXISTING TRAFFIC SIGNALS ($10,000; 100% HSIP FUNDING FOR MATERIALS). AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2011-23, AN INTERGOVERNMENTAL AGREEMENT (JPA11-0621) WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF GUARDRAIL IMPACT ATTENUATORS ON SHEA BOULEVARD AND PALISADES BOULEVARD ($46,800; 100% HSIP FUNDING FOR MATERIALS). AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2011-28, APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY RELATING TO THE ON-DEMAND SHARED RIDE TRANSPORTATION SERVICES FOR FISCAL YEAR 2011. AGENDA ITEM #5 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD LANE MILES REPRESENTING FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISING EVENT (ANNUAL HISTORICAL SOCIETY FUND RAISING DINNER). EVENT TO BE HELD AT FOUNTAIN HILLS COMMUNITY CENTER, LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON AUGUST 27, 2011 FROM 5:00 P.M. TO 8:00 P.M. AGENDA ITEM #6 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD LANE MILES REPRESENTING FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISING EVENT (HISTORICAL SOCIETY DINNER MEETING). EVENT TO BE HELD AT FOUNTAIN HILLS COMMUNITY CENTER, LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON SEPTEMBER 21, 2011 FROM 5:00 P.M. TO 8:00 P.M. AGENDA ITEM #7 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD LANE MILES REPRESENTING FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISING EVENT (HISTORICAL SOCIETY DINNER MEETING). EVENT TO BE HELD AT FOUNTAIN HILLS COMMUNITY CENTER, LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON NOVEMBER 16, 2011 FROM 5:00 P.M. TO 8:00 P.M. AGENDA ITEM #8 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD LANE MILES REPRESENTING FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISING EVENT (HISTORICAL SOCIETY DINNER MEETING). EVENT TO BE HELD AT FOUNTAIN HILLS COMMUNITY CENTER, LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON JANUARY 18, 2011 FROM 5:00 P.M. TO 8:00 P.M. AGENDA ITEM #9 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD LANE MILES REPRESENTING FOUNTAIN HILLS AND LOWER VERDE z:\council packets\2011\r8-18-11\110616m.docx Page 5 of 13 VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISING EVENT (ANNUAL HALL OF FAME INDUCTION DINNER). EVENT TO BE HELD AT FOUNTAIN HILLS COMMUNITY CENTER, LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, SCHEDULED TO BE HELD ON MARCH 21, 2011 FROM 6:00 P.M. TO 10:00 P.M. AGENDA ITEM #10 - CONSIDERATION OF A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY JEROLD LANE MILES REPRESENTING FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISING EVENT (HISTORICAL SOCIETY DINNER MEETING). EVENT TO BE HELD AT FOUNTAIN HILLS COMMUNITY CENTER, LOCATED AT 13001 N. LA MONTANA DRIVE, FOUNTAIN H ILLS, AZ, SCHEDULED TO BE HELD ON MAY 16, 2011 FROM 5:00 P.M. TO 8:00 P.M. Councilmember Leger 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). REGULAR AGENDA AGENDA ITEM #11 - CONSIDERATION OF THE PUBLIC ART COMMITTEE'S REQUEST FOR PERMANENT PLACEMENT OF THE BRONZE SCULPTURE, TITLED "POWER OF THOUGHT," TO REMAIN IN THE CENTER OF THE COURTYARD AREA. Community Services Director Mark Mayer addressed the Council and stated that he has two items to discuss, both of which are related to public art (Agenda Item #11 and #12). He noted that in December he appeared before the Council with a request from the Public Art Committee for the loan of a piece of art called Power of Thought that would be placed in the center of the courtyard area. He said that it has proven to be a very popular piece (probably one of the most popular pieces). He stated that this piece was placed there temporarily while fundraising efforts took place and a permanent location for the piece was identified. He reported that the Public Art Committee has raised the necessary funds and is requesting that the permanent location for the sculpture remain in the center of the courtyard area. He advised that everyone involved, including staff, supports the proposed permanent location and work has been done to ensure that it and future artwork can be located in that area. (At this time a short break took place while staff corrected an IT issue [7:24 – 7:25 p.m.].) There were no citizens wishing to speak on either Agenda Item #11 or #12. Former Mayor Miles came forward and stated that at the next Regular meeting, the Committee hopes to present a very comprehensive plan for the development of that area. He advised that the monument the Council approved a few weeks ago is already being put in place. He discussed the Duck Parade donated bronze sculpture (and referred to a photo displayed in the Chambers). He said that the art program has become so popular that now people are beginning to call them to either donate or purchase art. One such person called and said that their grandfather was going to be celebrating his 90th birthday and they wished to purchase a piece of art and donate it to the Town in his honor. A piece was selected; z:\council packets\2011\r8-18-11\110616m.docx Page 6 of 13 Duck Parade that was done by the same artist that did Quackers and it will be located right under the dedication plaque in the Community Center. It will bear a plaque honoring Bob McAvoy who will turn 90 this month. He thanked the Council for continuing to support the Town's acquisition of public art. Vice Mayor Contino MOVED to approve the Public Art Committee's request for permanent placement of the bronze sculpture entitled "Power of Thought" in the center of the courtyard area and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). MAYOR SCHLUM REOPENED THE CALL TO THE PUBLIC Lina Bellenir addressed the Council and thanked everyone for the opportunity to address them. She advised that several weeks ago a letter to the editor was authored by a Ms. Maryann Michaels. The letter said that she and her husband were advocates and organizers of the recall effort of Councilmembers Dickey and Leger. Subsequently, she spoke with both Councilmembers in an attempt to set the record straight. Councilmember Leger appeared to be somewhat interested but Councilmember Dickey refused to believe what she told her. When asked if she knew Ms. Michaels, she stated no. She informed Councilmember Dickey that she was going to demand a public apology for a lie that was stated in the newspaper. She said that as the conversation continued, Councilmember Dickey expressed her dislike of being called a "Gang of Four" member and as they concluded their conversation she stated that she would revisit Ms. Berliner’s husband's letter to the editor and get back to her. She also strangely stated that she would inform Ms. Michaels of Ms. Berliner’s requested apology. Ms. Bellenir said that she also called the Fountain Hills Times and informed them of Ms. Michaels' letter and the error in it. She discussed the need to confirm statements that are arbitrarily written in letters t o the editor. If the facts had been checked, she and her husband's names would never have been printed and she is confident that they will establish a satisfactory process in the future. Ms. Bellenir advised Councilmember Dickey that her friend's letter thrust her and her husband into the recall controversy and she resents it. However, they stand by the process of recall because it is a Statutory right of the citizens of this Sta te and must be protected. They believe in the process of recall -- after all, the process gave them Mayor Wally Nichols. She publicly thanked Councilmember Dickey for getting back to her but added that nothing was resolved and in Councilmember Dickey’s mind nothing changed. She noted that they are private individuals and as elected officials, if they can't stand the heat then they should get out of the kitchen. She publicly informed Ms. Michaels that she expects an extraction and an apology and said that to impugn and slander their names and character is a crime. She said that Councilmember Dickey's response is false and self-serving and never addressed the question of personal choice, which is what she and three other members of the Council continually take away from the residents. Their voting bloc continues to manufacture controversies (Councilmember Dickey caused the open meeting law controversy by making a groundless accusation against another Councilmember). The Attorney General's Office noted that and she voted against having the Attorney General's Office continue to investigate by agreeing to attend a class, which she does not know ever happened. Ms. Bellenir further stated that Councilmember Dickey's letter states that the Mayor takes the lead in answering emails. When she asked the Mayor about this, he provided a different response. She would like to know what the correct protocol is. As a former elected Councilwoman herself, she has heard and seen a lot of stuff but this was more than she could handle. The disdain being labeled a “Gang of Four” member does not correlate with actions because the response did not copy the entire Council (only three members of Council were copied) and to her that continues to perpetuate the horrible expression of "Gang of Four." Mayor Schlum thanked Ms. Bellenir for her comments and she thanked the Council for their time. AGENDA ITEM #12 – CONSIDERATION OF THE PUBLIC ART COMMITTEE'S REQUEST TO ACCEPT A DONATED BRONZE SCULPTURE TITLED "DUCK PARADE," FOR PLACEMENT IN THE COMMUNITY CENTER. (For discussion see Agenda Item #11 above.) z:\council packets\2011\r8-18-11\110616m.docx Page 7 of 13 Vice Mayor Contino MOVED to approve the Public Art Committee's request to accept a donated bronze sculpture entitled "Duck Parade," for placement in the Community Center and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #13 - PUBLIC HEARING OF A SPECIAL USE PERMIT FOR AT&T WIRELESS COMMUNICATIONS TO ALLOW THE RECONSTRUCTION OF A 43'6" CHURCH TOWER TO A 53'6"TALL TOWER IN ORDER TO ENCLOSE CELLULAR ANTENNAS AT 13001 N. FOUNTAIN HILLS BLVD., LOCATED IN THE R-4 ZONING DISTRICT. CASE #SU2011-01. Mayor Schlum declared the public hearing open at 7:30 p.m. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and highlighted a brief presentation (copy is available in the office of the Town Clerk). He provided the proposed location for the tower and s aid that the property is currently occupied by the Presbyterian Church. He advised that approval of the Special Use Permit will result in the reconstruction of the existing tower to 53'6" in height and allow the installation of cellular antennas within th e new structure. In order to grant the Special Use Permit certain criteria must be met and he outlined the criteria. He noted that a waiver is required and staff believes that the proposal is appropriate for the location. He noted that a 100 -foot fall down distance is required and in this case that would be 53'6" and added that the cl osest property line is 147'5" and, therefore, this would not pose any threat to neighboring properties if it should fall (if the tower falls there is a chance it could affec t the existing church building on-site or the landscaped areas). Staff's opinion is that the proposal does not require a waiver of the setback standards and, therefore, feels that this criterion has been met. He added that the ordinance requires 300' from a residential district but noted that this property is within a residential district and, therefore, a waiver would be required for this proposal. The nearest residential neighbor is located 155'9" feet to the north and staff believes that the tower location and design, including the additional height, would not have any detrimental effect on any of the properties. Staff believes the topography and the landscaping are sufficient and allowing the height to increase rather than building a second tower is appropriate in this instance. He noted that the ordinance encourages stealth designs whenever possible and staff believes the proposed design is appropriate for this location. He said that there is good access as well to both t he tower and the equipment. He added that the applicant has indicated that there are no opportunities for co -location in the immediate vicinity. Mr. Rodgers advised that the Planning & Zoning Commission voted to recommend that the Council approve the request for a Special Use Permit with appropriate waivers and subject to stipulations included in the staff report and staff concurs with this recommendation. He advised that the applicants are present to respond to any questions. Mayor Schlum thanked Mr. Rodgers for his presentation. There were no citizens wishing to speak on this agenda item. The Mayor declared the public hearing closed at 7:37 p.m. AGENDA ITEM #14 - CONSIDERATION OF A SPECIAL USE PERMIT FOR AT&T WIRELESS COMMUNICATIONS TO ALLOW THE RECONSTRUCTION OF A 43'6" CHURCH TOWER TO A 53'6" TALL TOWER IN ORDER TO ENCLOSE CELLULAR ANTENNAS AT 13001 N. FOUNTAIN HILLS BLVD., LOCATED IN THE R-4 ZONING DISTRICT. CASE #SU2011-01. (For discussion, see Agenda Item #13 above.) Councilmember Elkie commented that the Council recently approved another cell tower (over by the Alamo) and asked whether that one was for AT&T as well. Mr. Rodgers stated that it was and added that another application from T -Mobile may be coming forward as well as one for Cricket. z:\council packets\2011\r8-18-11\110616m.docx Page 8 of 13 Councilmember Brown asked whether any complaints or concerns have been expressed by members of the public. Mr. Rodgers advised that he has received two telephone calls from residents who received the notification letters and both simply wanted a better explanation of what was going to occur if approved. Vice Mayor Contino MOVED to approve the Special Use Permits as outlined in the applicant's narrative and described in the staff report subject to the stipulations contained in the staff report and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 11-09, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 5, MUNICIPAL COURT, BY CREATING A NEW ARTICLE 5 -8, ADMINISTRATIVE COSTS, RELATED TO CHARGING ADMINISTRATIVE COSTS ASSOCIATED WITH CERTAIN VIOLATIONS. Presiding Judge Mitch Eisenberg addressed the Council regarding this agenda item and explained that the Arizona Supreme Court allows individual courts to recover certain costs through the imposition of cour t fees, so long as the fees are related to recovering the cost of a court related product or service and do not exceed the cost of that product or servic e. He noted that one such cost and service is the manpower associated with the investigation/arrest of a person suspected of driving under the influence. He stated that the average time expended by the Maricopa County Sheriff's Department for a DUI investigation/arrest is four (4) hours and said that by taking the average time for a DUI investigation and multiplying that with the average hourly pay of an MCSO Deputy, a specific cost can be determined. He further stated that this amount would then be imposed and recovered as part of a sentence for a conviction associated with a DUI and once received, the fee would go directly to the Town's General Fund. He requested that the Council approve the proposed ordinance and thanked them for the opportunity to address them this evening. Mayor Schlum thanked Judge Eisenberg for his presentation. Councilmember Elkie MOVED to approve Ordinance 11-09, amending the Town of Fountain Hills Town Code, Chapter 5 Municipal Court, by creating a new Article 5-8, Administrative Costs, related to charging administrative costs associated with certain violations and Councilmember Dickey SECONDED the motion. Councilmember Dickey asked if the monies that will go into the General Fund, have been taken into consideration as far as the budget. Deputy Town Manager/Finance Direction Julie Ghetti advised that they have not. She noted that staff has only included monies that they are sure the Town will receive. In response to a question from Councilmember Dickey as to whether there will be any ramifications since the Council has already adopted the tentative budget, Judge Eisenberg stated that there are not that many DUI's in Fountain Hills so even if they were to recover the $100 on each conviction, they would only be talking about $10,000 or $15,000 a year. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 - CONSIDERATION OF THE PURCHASE AGREEMENT WITH BERGE FORD (STATE CONTRACT VENDOR) FOR A 2011 F-150 FORD TRUCK, IN THE AMOUNT OF $28,929.10 FOR USE BY THE FIRE CHIEF. Fire Chief Scott LaGreca addressed the Council relative to this agenda item and advised that the ex isting Fire Chief's vehicle is a 2000 Ford Explorer and it is due to be replaced per the vehicle replacement policy (10 years). He said that the vehicle should have been previously replaced but he omitted it because he thought they could get by. He asked the Council to forgive this error. He noted that the current vehicle will need a new engine by the end of the year and the cost of that would be $5,000 and the better financial move would be to replace the vehicle rather than the engine. He said that if approved the Explorer will be replaced with an F-150 pick-up truck and equipped as a command vehicle to match the z:\council packets\2011\r8-18-11\110616m.docx Page 9 of 13 Assistant Chief's vehicle. He added that the vehicle will not be a 4x4 and will be funded through the Vehicle Replacement Fund. He advised that in 2011-12, the Fire Department already has a line item included in the budget to purchase and refurbish their squad truck and, if this rolls into next year, that will impact that line item and he will have to come back again in July or August and again ask the Council's forgiveness. He thanked the Council for considering this purchase and said although he is somewhat on the frugal side he has learned a lesson and it will not happen again. There were no citizens wishing to speak on this agenda item. Vice Mayor Contino MOVED to approve the purchase agreement with Berge Ford in the amount of $28,929.10 for a 2011 F-150 truck for use by the Fire Chief and Councilmember Brown SECONDED the motion. Councilmember Leger asked Ms. Ghetti asked how the cost of the truck will be funded and Ms. Ghetti advised that it will be funded through the Town's Vehicle Replacement Fund. She explained that every year staff allocates a portion of depreciation for every vehicle the Town owns to each department in the General Fund and then transfers that over to the Vehicle Replacement Fund. She said that although the Chief said that it wasn't budgeted for, it really was because his department was charged for a piece of that vehicle and it has been accumulating funds every yea r (so the money does not have to come out of the General Fund). In response to a question from Councilmember Leger, Ms. Ghetti stated she believes the balance in the Vehicle Replacement Fund is currently $600,000 to $700,000, and confirmed that the funding could only be used for vehicles. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #17 - CONSIDERATION OF RESOLUTION 2011-25, RENEWING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE TOWN OF FOUNTAIN HILLS FOR LIBRARY SERVICES FOR FIVE YEARS COMMENCING FY 11-12. Deputy Town Manager/Finance Director Julie Ghetti addressed the Council relative to this agenda item and stated that in 2001 voters approved a General Obligation Bond issue to build the Library. At that time , the Town entered into an Intergovernmental Agreement with the Maricopa County Library District to operate the library. She noted that it was a ten year agreement and that agreement expired in April of 2011 so the proposal before the Council now is to re new the agreement for five years (the maximum amount the County will enter into at this point in time). Mayor Schlum thanked Ms. Ghetti for her presentation. There were no citizens wishing to speak on this agenda item. Councilmember Dickey MOVED to approve Resolution 2011-25, renewing an Intergovernmental Agreement between the Maricopa County Library District and the Town of Fountain Hills for library services for five years commencing FY 11-12 and Councilmember Elkie SECONDED the motion. Councilmember Dickey asked if any changes had occurred in the agreement and whether the agreement will protect the Town against any changes that had been talked about previously in the Legislature. Ms. Ghetti stated that she has not heard anything in the upcoming Session but she has also not received any assurance that changes will not come back up again. She explained that the issue mentioned by Councilmember Dickey is among the larger cities and noted that as a Town, if the formula is changed, their Library District would get less money and so the County would not be able to fund the Town's library and chances are that they would look to the Town to fund it (about $900,000 a year). She said that she doesn't know that the IGA protects the Town from that happening. Councilmember Dickey stated that this may be something to keep in mind in the future. The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2011\r8-18-11\110616m.docx Page 10 of 13 AGENDA ITEM #18 - PUBLIC HEARING REGARDING THE TAX LEVY AND RESOLUTION 2011-20, ADOPTING THE TENTATIVE BUDGET AS THE 2011-12 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Mayor Schlum declared the public hearing open at 7:46 p.m. Town Manager Rick Davis advised that staff had some information to present to the Council to recap what the budget process looked like and also some additional data. Ms. Ghetti addressed the Council and provided a brief recap of the budget process over the last several months (copy is available in the office of the Town Clerk). She discussed budget concerns and issues that had to be addressed; the Census; proposed budget solutions; the meetings that were held, maximum expenditures and revenue options; expenditure options, all fund resources and all fund expenditures, the FY 2011-12 General Fund Operating Budget Plan; Streets operating budget; the Downtown excise tax and operating budget; proposed capital projects; decreasing staffing levels and the financial future of the Town (anything they do must be sustainable). Ms. Ghetti indicated her willingness to respond to questions from the Council. Mayor Schlum thanked Ms. Ghetti for her presentation. There were no citizens wishing to speak on this agenda item. Mayor Schlum declared the public hearing closed at 7:57 p.m. AGENDA ITEM #19 - 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 #20 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. Councilmember Dickey stated that the comments previously offered by Mr. Brant regarding enhanced safety should be followed up on by staff. She added that this would be a good discussion for block watch. Councilmember Dickey noted that a man she used to know at The Capitol Times when she worked there is now with the Arizona Municipal Risk Retention Pool, which just put out their annual report. She said that he had called her a couple of months ago and met with her, the Town Manager, Ms. Ghetti, and the Mayor, and that she now has copies of the report if anyone is interested in receiving a copy. She noted that the Town is being featured and there is a nice article in there too . She thanked the Mayor, Town Manager and Ms. Ghetti for their input. AGENDA ITEM #9 - ADJOURNMENT Councilmember Dickey MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 7:57 p.m. SPECIAL SESSION * CALL TO ORDER AND ROLL CALL Mayor Schlum called the Special Session to order at 7:57 p.m. z:\council packets\2011\r8-18-11\110616m.docx Page 11 of 13 Mayor Schlum noted that the next regularly scheduled Town Council meeting will take place on August 4, 2011, and dispensed with the formal roll call, noting that all Councilmembers were still present. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. AGENDA ITEM #1 - CONSIDERATION OF RESOLUTION 2011-20, ADOPTING THE TENTATIVE BUDGET AS THE 2011-12 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. The Mayor stated that Ms. Ghetti has just provided a presentation on this item and asked if there was anyone who wished to speak. There were no citizens wishing to speak on this agenda item. Councilmember Elkie MOVED to approve Resolution 2011-20, adopting the tentative budget as the 2011-12 fiscal year budget for the Town of Fountain Hills and Councilmember Brown SECONDED the motion. Councilmember Hansen said that since the Council received the final budget on Tuesday she has not had a chance to compare the two and asked Ms. Ghetti if the footnotes they had talked about (to explain expenditures/significant changes) had been included. Ms. Ghetti advised that this is still a work in progress -- most of the work has been done and it will be completed by the end of July. Councilmember Hansen requested that staff compile a list of all the changes that have been made (a summary) and Ms. Ghetti said that staff would be more than happy to do that. Councilmember Elkie commented that this has been a very interesting process for him (as a first -year Councilmember and member of the Executive Budget Committee) and very educational and informative. He said that in the presentation he didn't see anything about paying off Town Hall and the resulting savings and stated that this is an important thing for the residents to know. He further stated that the Committee had two things to look at -- revenue and cuts -- and stressed the importance of sustainability. He said that he is pleased with what has been done -- no taxes have been raised and the Council was presented with options (he suggested that Town Hall conduct a "mortgage burning ceremony"). Ms. Ghetti discussed paying off Town Hall and noted that as a result the Town will realize a savings of $300,000 over the life of the bonds. She said that by using reserves to pay off the debt for the building the Town benefitted greatly and it frees up $300,000 that they have to make as an annual debt service payment. She noted that the Town has not had to dip into reserves over the past three years when the economy was so bad and can now put the reserves to good use. She thanked Councilmember Elkie for bringing this important issue up. In response to a question from Councilmember Elkie, Ms, Ghetti explained the way the Town has been able to accumulate reserves (using savings to pay off debts). Councilmember Elkie reiterated his suggestion that they conduct a "mortgage burning ceremony" to celebrate this accomplishment. Councilmember Hansen commented that on Tuesday night they talked about meetings that have been held, the open houses and the fact that the turnout really was not that great. She added that they talked about perhaps looking at some alternative ways to reach out next year. She said that maybe they could get some help from the Strategic Planning Advisory Commission (SPAC) in an effort to engage people more at the front end instead of the back. She advised that there was also some confusion about the studies that have been done regarding economic development (she thought there had been a gap study done and one was done in 2007). She said it might be interesting to have a future discussion on the retail marketing analysis. Mayor Schlum stated the opinion that it would be good to have discussion on how to improve the process and enhance public engagement. He agreed that the SPAC might be extremely helpful in achieving this. He said that they should invite the Tea Party and everyone to get engaged and play a roll. He noted that times are tough and it is important for z:\council packets\2011\r8-18-11\110616m.docx Page 12 of 13 people on the Federal level to know that things are being taken care of on a local level. He stressed the importance of volunteerism and groups such as the Citizens Academy that helps more and more people become involved in the budget and other processes. He said that he has seen Finance staff, all of the Directors and all of the staff at Town Hall face challenges in a most remarkable manner. He added that staff should feel secure and appreciated -- the Town has done more with less staff and they should all be proud of that. He also thanked the volunteers for their tremendous efforts. He noted that the economy is improving and there is talk of a "double dip" and they are hopeful that will not occur. He thanked the members of the Town Council for being great partners and everyone for their input and hard work. Councilmember Hansen noted that the Volunteer Coordinator has put together some good ideas that perhaps will save money in the future and boost volunteerism in the Town; she suggested that those ideas be explored. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE CONSTRUCTION SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BARBAGALLO ELECTRIC, LLC, FOR THE INSTALLATION OF DIESEL FUELED STANDBY GENERATORS AT FIRE STATIONS NO. 1 AND NO. 2 IN THE AMOUNT OF $21,890. Director of Development Services Paul Mood addressed the Council relative to this agenda item. He said that in 2009, the Fire Department applied for a Firefighter Assistance Grant through FEMA that was awarded in 2010. The grant was to purchase two emergency generators, one for Fire Station No. 1 and the other for Fire Station No. 2. Fire Station No. 1 currently has a backup generator but its only of a size that if power does go out it will power the bay doors and some emergency lighting so there would not be air conditioning and other electrical services. Fire Station No. 2 does not have a backup generator. Council approved the purchase of the generators previously and the proposed contract spans two fiscal years and will be for the installation of the generators. There is some equipment they need to purchase that has a two to three-week lead time so tonight staff is requesting that the Council approve the construction services contract so that the orders can be placed the first of July. The grant has been extended through August so time is of the essence. Four bids were received for this installation and two were from local contractors. The low bid before the Council this evening is from a local contractor. Mayor Schlum thanked Mr. Mood for his presentation. Councilmember Elkie MOVED to approve the construction services agreement between the Town of Fountain Hills and Barbagallo Electric, LLC. for the installation of diesel fueled standby generators at Fire Stations No. 1 and No. 2 in the amount of $21,890 and Councilmember Leger SECONDED t he motion. There were no citizens wishing to speak on this agenda item. In response to a question from the Mayor, Mr. Mood advised that this is a 90% grant with a 10% Town match for the generators. The Town is paying for the installation and the overall project is for approximately $90,000. The motion CARRIED UNANIMOUSLY (7-0). Mayor Schlum stressed the importance of everyone watching their children around water. AGENDA ITEM #3 - ADJOURNMENT Councilmember Elkie MOVED to adjourn the Special Session at 8:22 p.m. and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2011\r8-18-11\110616m.docx Page 13 of 13 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 , Regular and Special Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 16th day of June 2011. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of August, 2011. _____________________________ Bevelyn J. Bender, Town Clerk