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HomeMy WebLinkAbout2018.0918.CCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 18, 2018 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh Mayor Kavanagh called the meeting of September 18, 2018, to order at 5:30 p.m. 2. INVOCATION — Deacon Dick Smith, Church of the Ascension Fountain Hills Mayor Kavanagh called for a Moment of Silence as no one was present to give the invocation. 3. ROLL CALL — Mayor Linda M. Kavanagh COUNCILMEMBERS PRESENT: Mayor Linda Kavanagh; Vice Mayor Dennis Brown; Councilmembers Henry Leger, Art Tolis, and Nick DePorter. COUNCILMEMBERS ABSENT: Councilmember Alan Magazine. STAFF PRESENT: Town Manager Grady Miller; Interim Town Attorney Mitesh V. Patel; Town Clerk Elizabeth A. Burke. 4. MAYOR'S REPORT None 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. The Mayor and/or Council may review recent events attended relating to Economic Development None B. Presentation of Plaque from Texas A&M re Donation of Ladder Truck to the Port Aransas Volunteer Fire Department Mr. Miller said that with the last hurricane, Port Aransas, Texas lost quite a bit of their rolling stock and through the A&M donation program, the town was able to donate an existing truck as they were about to receive their new fire truck. Fire Chief Dave Ott came forward and presented the Certificate of Appreciation to Mayor Kavanagh and photos were taken. C. Update by Cox Representative Jamie Boyett Julia Young with Cox Communications gave a PowerPoint presentation which addressed: FOUNTAIN HILLS TOWN COUNCIL REGULAR MEETING OF SEPTEMBER 18, 2018 Page 2 COX ARIZONA UPDATE INVESTING IN ARIZONA NETWORK TRANSFORMATION What it is What it delivers SMART CITIES & SMART REGIONS COX2M CAPABILITIES Fleet Management Waste Management Smart Grid, City & Campus Asset Tracking COX AUTOMOTIVE —THE 2M APPROACH Disruptive Price Point Customer Needs First Simplicity SMALL CELL DEPLOYMENT HOME AUTOMATION — DELIVERING VALUE TO OUR CUSTOMERS Know Your Home Control Your Home Affordability 24/7 Customer Support HOW IT WORKS INVESTING IN TELEMEDICINE SINCE 2015 MANHEIM IN ARIZONA SB1140 & LICENSING INFORMATION CLOSING THE DIGITAL DIVIDE PROVIDING A SAFE, TECHNOLOGY PLACE FOR THE COMMUNITY COMMUNITY INITIATIVES PARTNERING OPPORTUNITIES 6. CALL TO THE PUBLIC Pursuant to A.R.S. 38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public"unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may(i)respond to criticism, (ii) ask staff to review a matter, or (iii)ask that the matter be placed on a future Council agenda. Judy Beischel, Fountain Hills resident, with Forty & Eight and the American Legion, introduced others in the groups, noting that they were all dual members of both organizations. She said that earlier in the year she had applied for Town of the Year and the Town of Fountain Hills was awarded such recognition. She then presented a Plaque to Mayor Kavanagh and photos were taken. Pam Aguilar, Fountain Hills resident, addressed the Council in support of considering the two candidates that have been in the race since the beginning—Sharron Grzybowski and Gerry Friedel. She said that everyone that applied for the vacancy was a good person, but they should honor those that circulated petitions and had their name on the ballot. Cindy Perrin, Marcus Bulow von Dennewitz, and Lina Bellenir, Fountain Hills residents, addressed the Council in support of Gerry Friedel and petitions with 263 signatures were presented on his behalf from those supporting his appointment. FOUNTAIN HILLS TOWN COUNCIL REGULAR MEETING OF SEPTEMBER 18, 2018 Page 3 Gerry Friedel, Fountain Hills resident, said that he has been humbled through the process and would look forward to representing the citizens, if so selected. 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. APPROVAL OF Minutes of the Regular Meeting of September 4, 2018, and the Special Meeting (Executive Session) of September 5, 2018. B. CONSIDERATION OF Resolution No. 2018-51, abandonment of the 10' Public Utility and Drainage Easement at the rear of Plat 604-A, Block 4, Lot 13 (15129 E. Palomino Blvd.) as recorded in Book 165, Page 16, records of Maricopa County, Arizona, with stipulation. (EA 2018-13) C. CONSIDERATION OF Resolution No. 2018-53, abandoning whatever right, title, or interest the Town has in the certain Hillside Protection Easement located at the rear property line of Diamante del Lago, Lot 30 (17320 E. Sunscape Drive), as recorded in Book 516, Page 17, records of Maricopa County, Arizona. (EA2018-14) D. CONSIDERATION OF approving a Special Event Liquor License Application for the Juvenile Diabetes Research Foundation (Joan Kaminski) to be held in conjunction with the RoadRunner Sports Craft Classic being held on the Avenue of the Fountains, from 6:00 AM to 11:00 AM, Saturday, October 13, 2018. Councilmember Leger MOVED to approve the Consent Agenda Items 7-A through 7-D; SECONDED by Vice Mayor Brown; passed unanimously with a Roll Call vote: Mayor Kavanagh Aye Vice Mayor Brown Aye Councilmember Leger Aye Councilmember Tolis Aye Councilmember DePorter Aye 8. REGULAR AGENDA A. CONSIDERATION OF renaming Plaza "D" on Avenue of the Fountains as Wally Nichols Plaza. Community Services Director Rachael Goodwin said that in the past the Council had talked about identifying six plazas along the Avenue of the Fountains. They recently dedicated a portion to former Mayor Sharon Morgan. Tonight they were proposing that Plaza D be renamed the Wally Nichols Plaza in honor of past Mayor Nichols who served as Mayor from 2003 to 2008 and was also a public servant in so many capacities. FOUNTAIN HILLS TOWN COUNCIL REGULAR MEETING OF SEPTEMBER 18, 2018 Page 4 Jay Schlum, Fountain Hills resident and past Mayor, and Rick Melendez, Fountain Hills resident and past Councilmember, both spoke in support of renaming Plaza D in honor of Mayor Nichols. Mayor Nichols' family was recognized at this time. Councilmember Leger said that he served with Mayor Nichols and he had come on the Council at a tempestuous time and brought stability and civility when it was needed. He tackled strategic and long-term planning and he felt that the commission was needed to keep it alive. He said that he initiated "Coffees with Wally" at Town Hall and he and his wife, Sheila, had an awesome experience interfacing with the residents. He said that internally he championed staff development and led with integrity and respect for those encountered throughout town. Councilmember Leger said that he was a difference maker and had a positive impact in the many service organizations in which he was involved, and he supports this dedication in his honor. Mayor Kavanagh said that she did not serve with Wally, but the first time she met him was when they opened the Boys and Girls Club. She said that was her first encounter with him as a person that cared about the children and from that day on he continued to work hard for them. Councilmember Leger MOVED to rename Plaza D on the Avenue of the Fountains as Wally Nichols Plaza; SECONDED by Vice Mayor Brown; passed unanimously. B. CONSIDERATION OF appointing one (1) citizen to the Sister Cities Advisory Commission for a three (3) year term beginning September 18, 2018, and ending on June 18, 2021. Mayor Kavanagh MOVED to nominate Lisa Ristuccia to the Sister Cities Advisory Commission for a three year term beginning September 18, 2018, and ending on June 18, 2021; SECONDED by Councilmember Leger; passed unanimously. C. CONSIDERATION OF Resolution 2018-29, approving an Intergovernmental Agreement between Maricopa County and Town of Fountain Hills for exchange of services, in the amount of $200,000 annually for 5 years, for an aggregate amount not to exceed $1,000,000. Mr. Miller said that there may be occasions where the Town may have the need to mobilize for Maricopa County, and in turn, the County may need to mobilize for the Town. Public Works Director Justin Weldy said that this was part of an ongoing conversation that started a year ago, while they were discussing the replacement of two cattle guards. They discovered that in the event that they had a situation where they would need each other's services, they did not have an agreement. His counterpart with the County took this to the Board and they agreed. FOUNTAIN HILLS TOWN COUNCIL REGULAR MEETING OF SEPTEMBER 18, 2018 Page 5 Mr. Weldy explained that there are already established costs associated with the different activities. When services are rendered, the receiving entity will be billed according to those established fees. The Intergovernmental Agreement is for up to $200,000 a year, but will only be spent if services are rendered and invoiced. Vice Mayor Brown MOVED to adopt Resolution 2018-29; SECONDED by Councilmember Leger; passed unanimously. D. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Ashbrook & Cloudburst Wash Floodplain Delineation Study. Town Engineer Randy Harrel said that the Flood Control District and Town have been pursuing this study and they were here tonight to discuss the findings. He then introduced Felicia Terry of the Flood Control District and Ted Lehman, P.E., from JE Fuller. Mr. Lehman then gave a PowerPoint presentation which addressed: ASHBROOK & CLOUDBURST WASH FLOODPLAIN DELINEATION STUDY MAPS: ASHBROOK AND CLOUDBURST ASHBROOK WASH SEGMENT SAGUARO AND BAYFIELD CLOUDBURST WASH Mr. Harrel said that there was no cost to the Town for the study itself. They will be responsible to make payment to FEMA for the actual delineation. They budgeted $10,000, but it should be less than that amount. Additionally, he said that another cost they will have is related to the restroom control building where the basement line is below the floodplain. It is an allowed use for storage and parking, but the Town will be responsible to prepare an Elevation Certificate for that building. Mr. Miller noted that this agenda item was for reporting purposes only; no action was required on the part of the Council. Mr. Harrel added that the presentation also satisfied the requirements of FEMA. E. CONSIDERATION OF appointing Pierce Coleman to serve as the law firm and Town Attorney providing legal representation to the Town of Fountain Hills and directing the Town Manager to execute a contract with the law firm in an amount not to exceed $180,000 annually. Mayor Kavanagh said that on behalf of the Council, she wanted to thank Mitesh Patel for being the Town's Interim Town Attorney, noting that he has done an outstanding job. She added a big thank-you to him for working with their new attorney as they come on board. Mr. Patel said that it has been their pleasure and they will assist in any way they can with the transition. Mr. Miller gave a brief history, stating that back at the Council Retreat in February they decided to go out for a Request for Proposals (RFP) for a Town Attorney, which they did at the end of May. A subcommittee consisting of the Mayor, Vice FOUNTAIN HILLS TOWN COUNCIL REGULAR MEETING OF SEPTEMBER 18, 2018 Page 6 Mayor Brown and Councilmember Tolis, was established and they reviewed three RFP's that were submitted. It was determined that the Council would move forward with two firms and two weeks ago the full Council interviewed the principals of those two firms. He said that Council then further discussed the applications earlier this evening and it is being proposed that the Town Manager be directed to execute a contract with Pierce Coleman in the amount of $180,000 and for them to serve as the Town's Attorney. He said that it would be a fixed cost of$180,000, payable in monthly increments. Councilmember Leger MOVED to direct the Town Manager to execute a contract with Pierce Coleman in the amount of $180,000 and have them serve as the Town's Attorney; SECONDED by Vice Mayor Brown; passed unanimously. 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER. Item(s) listed below are related only to the propriety of (i) placing such item (s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: None. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. A. REPORT by Town Manager re 2018 Monsoon season and damage sustained by the Town. Mr. Miller reported that this past summer was one of the more active seasons they have had in a long time. He said that the town sustained about $80,000 in property damage, mostly in the parks and rights-of-way with trees down, as well as some canopies. He said that the good news is that they have $5,000 deductibles, so they are covered, but altogether their deductible will be around $10,000. He said that the Town also received claims from a number of residents that brought concerns forward due to the excess rain and staff has been assisting them with the insurer. He said that their review at this point is that there is nothing on the part of Town with roads or drainage, but that is something the insurer will be evaluating along with the drainage plans and infrastructure. Mr. Miller said that one thing they lost was one of the huge eucalyptus trees on the Avenue of the Fountains. He said that they were lucky that it did not hit a building, human or vehicles, but he is concerned about the impact the other two may have if they were to fall. His recommendation to Council is to spend roughly $13,000 to remove the other two eucalyptus trees. He said that they are old trees that are not native to Arizona so they have shallow root systems. He added that there was an arborist five years ago that did a report indicating that they were not healthy and should be removed. He said that unless someone had a concern with their removal, he would be working with staff to have that done. Mayor Kavanagh asked what the cost was to remove the first one that fell. Public Works Director Justin Weldy said that it was cleaned up by Town staff and the Fire FOUNTAIN HILLS TOWN COUNCIL REGULAR MEETING OF SEPTEMBER 18, 2018 Page 7 Department and was only a few hundred dollars to dispose of the 600 pound root ball, but they did not specifically calculate those costs. Mr. Miller said that the Parks Supervisor and Community Services Director have some ideas of native trees or trees that are deep-rooted that would be attractive. 11. ADJOURNMENT Vice Mayor Brown MOVED to adjourn; SECONDED by Councilmember DePorter; passed unanimously. The Regular Meeting of the Fountain Hills Town Council held September 18, 2018, adjourned at 6:52 p.m. TOWN OF FOUNTAIN HILLS " A- 4 in a M. Ka agh, Mayo ATTEST AND PREPARED BY: _ . z_ 40' �- iz et`4. s urke, own -r CERTIFICATION 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 18th day of September, 2018. I further certify that the meeting was duly called and that a quorum was present. DATED this 2"d day of October, 2018. / A l j7.7 _ Vii_ .iizabe A. Burke, Tow C erk