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HomeMy WebLinkAbout1992.0414.TCWSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 14, 1992 A public work study session of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m., Tuesday, April 14, 1992, in the Council Chambers of the Town Hall Offices located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. Present were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Charlie Fox, Wally Hudson, Bill O'Brien and Mike Minarsich. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, and Town Clerk Cassie Hansen. Mayor Cutillo explained that discussion had been requested on all items listed with an asterisk (*) . There would be no separate discussion on unmarked items unless a Councilmember or member of the public so requested, in which event the item would be reconsidered as a discussion item and addressed in its normal sequence on the agenda. (41609 Councilman Hudson spoke briefly concerning Certificates of Insurance relative to Special Events. He stated that it had been difficult to make clear to applicants what staff required for protection of the Town for Special Events using Town property. Councilman Hudson said the application itself was specific and requested that the Town be named as an additional insured. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE SILVER COLLECTOR CAR AUCTION TO BE HELD IN FOUNTAIN PARK ON FRIDAY AND SATURDAY, MAY 2 AND 3, 1992, FROM 8:00 A.M. TO 8:00 P.M. THE CHAMBER IS REQUESTING CLOSURE OF SAGUARO BOULEVARD FOR THE EVENT. Councilman Hudson stated that the insurance carrier, T.H.E., was not rated by any service because they were a new company. He added that they had lost money in the last three years. Councilman Hudson said that he felt it would be necessary for the Town to specify which companies would be permitted to be on a certificate. He said he would work with the Town Clerk and the Town Attorney on tightening the standard. Mayor Cutillo asked if the state had specific requirements and Councilman Hudson replied that they did. Councilman Hudson stated that he believed the insurance company named was a poor risk, however, the Minutes of the Work/Study Session of the Town Council 04/14/92 Page 1 of 5 Town was adequately covered this time. Ms. Hansen stated that the original Special Event Request Application named the Chamber of Commerce as the sponsor 4101) but that had been changed to the Silver Collector Car Auction. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE MAYOR'S YOUTH COUNCIL FOR A ROCK IN THE PARK, A CONCERT FEATURING FOUR BANDS IN FOUNTAIN PARK ON SATURDAY, MAY 23, 1992 FROM 12:00 NOON TO 5:00 P.M. THE EVENT IS BEING CO-SPONSORED BY THE KIWANIS CLUBS, THE MARSHAL'S RESERVES AND THE MARICOPA COUNTY SHERIFF'S OFFICE. Councilman Hudson stated that there would not be a certificate of insurance since it was sponsored by the Town. He added that the Kiwanis Club would need to provide the Town with a certificate. AGENDA ITEM #4 - TOWN MANAGER'S REPORT. #4.A.1. - Prolect update - Consideration of changing the position of Town Marshal from a part-time to a full-time position. Mr. Nordin stated that for almost two years the staff had tried to make a part-time Marshal's position work but that he did not believe it was working. Mr. Nordin said that if the Town planned to provide the kind of service to the community that was required, the Council needed to give serious consideration to authorizing a full-time Marshal. Mr. Nordin stated he felt the Reserve Program was a great benefit for the Town. He added that it further served as a defense against what the Sheriff's office may 11;)do with their contract price in the near future. Mr. Nordin stated that there was not another police department that would be willing or able to provide police protection for our community. He said it was good public policy to be prepared for Maricopa County Sheriff's Department contract to increase in price. Mr. Nordin said he felt that a full-time Marshal was necessary to develop and promote the type of Reserve Program the Town wanted. Mayor Cutillo asked what the expected budget would be. He replied that staff support would be provided with existing employees. Mr. Nordin stated that the earliest start date would be July 1, 1992. Councilman Hudson reviewed what the job duties would entail for a full- time Marshal and stated that he did not agree with what had been stated. He stated that just one full-time Marshal could not do all that had been described along with the paperwork. Councilman Fox gave a brief synopsis of the history of the formation of the department and part-time Marshal position. Councilman Fox stated that state law required that law enforcement must be provided to the community. He stated that if there was a department head, it would give the Town Manager more time. He said the Maricopa County Sheriff's Office would serve as a branch of the Marshal's Department coordinating with the Marshal. Councilman Fox said that there were two separate police efforts in the Town and the one with part time people had the most activity. Councilman Minarsich asked why there had only been eighteen of the fifty-three complaint calls for 1992 closed. Mr. Nordin replied that the part time Marshal had many other duties to take care of besides complaint calls. Councilman Minarsich stated that he did not agree with Minutes of the Work/Study Session of the Town Council 04/14/92 Page 2 of 5 Loythe proposal to police the job sites on a daily basis. Ms. Hansen said that when she addressed the Licensed Contractors, they stated that if the Business License Ordinance was going to be in place, it better be enforced. Councilman Minarsich stated that he felt that when the Marshal was hired, he should have clerical staff support. Mr. Nordin stated that the Town's current staff would try to initially provide support. Councilman Fox said he agreed with both Councilman Minarsich and Mr. Nordin. He said he believed the full-time Marshal would need his own support staff in time, but would prefer to see existing staff put to use initially. Councilman Clark stated that the local ordinances were not being enforced properly with part-time staff. He added that he felt the Marshal's Department should attack the violations and not wait for complaint calls. Councilman O'Brien suggested the Marshal should be given a priority list. Vice Mayor Tibbetts said that all the discussion was proof that there was a strong need for the full-time position and a person who could produce action. She stated she supported the proposal and the suggested prioritization of duties. Mr. Nordin stated that a full-time Marshal would also be in charge of organizing the existing reserve program and enforcing the ordinances. Lt. Feller said the department needed a full-time person in charge. He stated that one forty-hour person would not solve all the ordinance enforcement problems, however, it would be a good beginning and certainly better than a twenty-hour person. Mayor Cutillo said he agreed that one full-time Marshal would not deter Maricopa County from raising the contract price for law enforcement services. He added that he also agreed that there was more than one good reason to have a full-time Marshal. Councilman Fox stated that the two part-time Marshals that the Town had had both indicated that they were interested in the full-time position. Councilman O'Brien asked if the Reserve Program had reached the goals that had been originally set. Mr. Nordin stated that it had not and that there was still a need for a coherent set of regulations for direction. AGENDA ITEM #5 - CONSIDERATION OF ORDINANCE 92-02, REGULATING NOISE LEVELS IN THE TOWN OF FOUNTAIN HILLS. Mr. Nordin said he planned that discussions on the topic would take place at least two Council meetings before a decision was made. Mayor Cutillo stated that there was no problem with waiting to discuss the issue, however, it had been an agenda item and persons were there in the audience that wished to address it. Councilman Minarsich said that the Ordinance would not please everyone, however, he felt that the concerned individuals should all meet and discuss it. Mayor Cutillo stated that he would be tolerant of a higher decibel limit in a commercial area than at a club that was nestled in a residential area. Mr. Nordin stated that the ordinance was intended to require a special event permit for outdoor music and set the appropriate decibel levels for each event. He added that if there were two or more complaint calls during the event regarding the volume, the special event permit would be pulled. Ms. Lawlor said she lived within one hundred fifty feet of the tennis club and that it was not the volume but the late hours that was the problem. Mr. Syracu stated that current zoning addressed outdoor activities in commercial areas, however, it did not address Minutes of the Work/Study Session of the Town Council 04/14/92 Page 3 of 5 clubs nestled in residential areas. He said when Mr. Martinson was granted the permitted usage of the land, outside entertainment was never a topic of discussion. Mr. Jeppson stated that there was a special use permit issued for the parcel in May 1987. Mr. Farrell stated that what staff had hoped to do with the situation, was to establish terms of acceptable noise levels and times of an event. Mr. Woodley stated that when the outdoor music was playing, at approximately 11:30 p.m., he called Marshal Dean who had stated the Marshal's Department was not on duty, call the Sheriff. He added that when he called the Sheriff, they said it was covered by State Code, however, the case was still at the Prosecutor's. Mr. Farrell stated that there was a difference between noise disturbance at a place for public entertainment and someone making noise from their residence. Vice Mayor Tibbetts stated that she was aware of municipal noise ordinances that were effected by the zoning in an area. Mr. Carl said he lived at the corner of La Pasada Drive and Del Cambre and the music was loud enough that it was disturbing to him, from inside his home. He suggested that when there was a reported violation, the event would be over by the time someone qualified to record the decibel level arrived, as the Ordinance required. Mr. Carl stated he had a proposed amendment to the Ordinance. Mr. Farrell stated that the object was to create something that would work between the zoning ordinance and the state statute. Mr. Nordin stated that a permitting process would allow the Town Marshal and Reserves to be notified of events in advance so they could schedule to patrol at those times. Mr. Putterman stated that the Ordinance had no provision for shutting down repeated offenses. Mr. Farrell said that most cities and towns had abandoned their noise ordinances because they were unenforceable. Councilman Clark stated that he felt violators should not be given a permit for their next event. Mr. Farrell said that a permit or renewal could be denied on a reasonable basis. Councilman Fox stated that he agreed thatNM) there were two concerns, time and volume. He added that the Marshal's Department could be scheduled and they could monitor and be pro-active. Mayor Cutillo asked Mr. Farrell if the session could be adjourned before the noise level test in the parking lot. Mr. Farrell replied affirmatively. AGENDA ITEM #6 - ADJOURNMENT. Mayor Cutillo adjourned the Town Council Work/Study session at approximately 8:52 p.m. Minutes of the Work/Study Session of the Town Council 04/14/92 Page 4 of 5 L TOWN OF OUNT. HILLS By: � . -2 John 4 llo, Mayor ATTEST: \6 . 1 Cassie B. Hansen, Town Clerk PREPARED BY: ' La i L. Bratcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work/Study Session held by the Town Council of Fountain Hills on Cloor the 14th day of April 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this day of May 1992. • itil-A•va•L-) Cassie B. Hansen, Town Clerk L Minutes of the Work/Study Session of the Town Council 04/14/92 Page 5 of 5