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HomeMy WebLinkAbout2002.0919.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL September 19,2002 Mayor Jon Beydler convened the regular session at 4:00 p.m. AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR: 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 HOFFMAN/ROBINSON/KNAPP VS.TOWN,ET AL. Councilwoman Nicola MOVED to convene the executive session. Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously. Mayor Beydler recessed the executive session at 6:00 p.m. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Beydler reconvened the regular session at 6:30 p.m. Following the pledge to the flag and an invocation by Pastor Mark Lansberry of The Fountains United Methodist Church,roll call was taken: ROLL CALL— Council present for roll call: Mayor Jon Beydler, Vice Mayor Leesa Fraverd, and Councilpersons Kathleen Nicola, Mike Archambault, Rick Melendez, Susan Ralphe, and John Kavanagh. Staff present: Town Attorney Andrew McGuire,Town Manager Tim Pickering, and Director of Administration/Town Clerk Cassie B.Hansen. Mayor Beydler introduced the new Town Manager, Tim Pickering and Town Attorney, Andrew McGuire. He recognized Teacher Jean Boatman for her 6th grade students winning the top 3 prizes in the freedom poster contest. Brendon Derr (1st), Rebecca Hui (2nd) and Peter Anderelli (3rd). Katelyn Sablatura won 2nd place in a drawing with a perfect score in the constitution quiz. Activities took place at Scottsdale Center on Sept. 17 to commemorate the 215th signing of the US Constitution. He also presented Ms. Boatman with a donation from Councilman Archambault's business (Wood Whims). Proclamations were read in support of U. S. Constitution week,the Fountain Hills Boys &Girls Club campaign, and McDowell Mountain Month. Mayor Beydler read the Consent Agenda (1 —9): AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 4 AND 5,2002. AGENDA ITEM #2 - CONSIDERATION OF THE FINAL PLAT FOR LAKESIDE VILLAS CONDOMINIUMS, A 12 UNIT CONDOMINIUM SUBDIVISION ON APPROXIMATELY 2.3 ACRES OF LAND LOCATED ON PARCEL 12 FINAL PLAT,LOT 3, CASE#S2002-04. AGENDA ITEM #3 - CONSIDERATION OF THE FINAL PLAT FOR DESERT VISTA PLACE CONDOMINIUMS 21-UNIT CONDOMINIUM SUBDIVISION ON APPROXIMATELY 2.75 ACRES OF LAND LOCATED ON PLAT 302,BLOCK 3,CASE#S2001-23. AGENDA ITEM #4 - CONSIDERATION OF APPROVING THE RENEWAL OF THE ANNUAL LANDSCAPE CONSTRUCTION CONTRACT WITH SAGE LANDSCAPING. AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE FOUNTAIN FESTIVAL SCHEDULED FOR FRIDAY, bilaw SATURDAY AND SUNDAY, NOVEMBER 8, 9 AND 10, 2002 FROM 10:00 A.M. TO 5:00 P.M. THE Page 1 of 12 EVENT WILL REQUIRE THE CLOSURE OF SAGUARO BOULEVARD FROM EL LAGO TO PARKVIEW AND THE AVENUE OF THE FOUNTAINS FROM SAGUARO TO LA MONTANA. AGENDA ITEM #6 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE THANKSGIVING DAY PARADE SCHEDULED TO BE HELD FROM 9:00 A.M.TO 11:00 A.M.ON THURSDAY,NOVEMBER 28,2002. AGENDA ITEM #7 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE CHAMBER OF COMMERCE FOR THE HOLIDAY STROLL SCHEDULED FOR SATURDAY, DECEMBER 7,2002 FROM 5:30 P.M.TO 7:00 P.M. AGENDA ITEM #8— CONSIDERATION OF RESOLUTION 2002-37 DECLARING AND ADOPTING THE RESULTS OF THE SPECIAL PRIMARY ELECTION HELD ON SEPTEMBER 10, 2002. THE VOTES APPROVED THE GENERAL PLAN 2002 AS THE GENERAL PLAN OF THE TOWN. AGENDA ITEM #9 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY JENNIFER GIBSON FOR THE BEACH BUM BAR AND GRILL LOCATED AT 16740 E. PALISADES BLVD. THE APPLICATION IS FOR A CLASS 12 RESTAURANT LICENSE. Councilwoman Nicola MOVED to approve the consent agenda as read and Councilman Archambault SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Fraverd Aye Councilman Kavanagh Aye Councilman Melendez Aye Councilwoman Nicola Aye Councilwoman Ralphe Aye Councilman Archambault Aye Mayor Beydler Aye The motion CARRIED unanimously. low Vice Mayor Fraverd MOVED to suspend the rules and move agenda item#18 forward between Agenda Items 11 and 12 and Councilman Kavanagh SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #10 - DISCUSSION AND POSSIBLE ACTION ON A MOTION TO HIRE A SETTLEMENT ATTORNEY FOR PURPOSES OF REVIEWING A PROPOSED SETTLEMENT AGREEMENT INVOLVING HOFFMAN/ROBINSON/KNAPP V. TOWN OF FOUNTAIN HILLS. (THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 5,2002, COUNCIL MEETING.) Town Attorney Andrew McGuire advised that the discussion held in executive session made it appropriate at this time to offer either a motion to deny or no motion at all. He confirmed that he would proceed as directed by the Council with respect to these three pending litigation matters. Councilman Kavanagh MOVED to deny and Councilman Archambault SECONDED the motion. The motion CARRIED on a vote of 6—O. Councilwoman Nicola abstained. AGENDA ITEM #11 - DISCUSSION WITH POSSIBLE ACTION ON ESTABLISHING INSURANCE REQUIREMENTS FOR THE TOWN ATTORNEY AND TOWN PROSECUTOR. (THIS ITEM WAS CONTINUED FROM THE 9/5/02 COUNCIL MEETING.) Councilwoman Nicola MOVED to direct staff to establish insurance requirements for the town attorney and prosecutor with the minimum standard of$1 million dollars for both liability insurance and error and omission insurance. Councilman Archambault SECONDED the motion. Councilman Archambault recognized that the town prosecutor currently had a policy in place in the amount of $750,000. He moved to AMEND the motion to allow the Town to continue with the town prosecutor's policy this year and require that next year the town prosecutor provide the insurance policies with the minimum standard as stated and Councilman Kavanagh SECONDED the motion. Councilwoman Nicola noted that would change the error and omission insurance requirement but she did not have a problem with that. She Page 2 of 12 requested that both the town prosecutor and the town attorney provide a certificate of insurance to the Town with the town attorney submitting his with the minimum requirement of$1 million dollars. Lir The amendment CARRIED unanimously. The amended motion CARRIED unanimously. AGENDA ITEM #18 - DISCUSSION AND POSSIBLE ACTION ON RESOLUTION 2002-36 DIRECTING CENSURE TO MAYOR JON BEYDLER FOR CONDUCT UNBECOMING THE OFFICE OF MAYOR AND DISRESPECTFUL TO THE CITIZENS OF THE TOWN OF FOUNTAIN HILLS. Vice Mayor Fraverd MOVED to approve Resolution 2002-36 and Councilman Melendez SECONDED the motion. Mayor Beydler read a prepared statement. He felt that the media's interest in his political relationship with Sheriff Joe Arpaio might compromise the integrity of the 9-11 Ceremony. That was the reason he had decided to withdraw the invitation to Sheriff Joe. He reasoned that with the benefit of hindsight and good input from the some of the council members and others in the community. He acknowledged that because of his personal closeness to this issue, he should have taken the time to consult with the other council members. He noted that while that might not have changed his personal opinion, it would have allowed the other council members to provide their rightful and appropriate input. It was this same hindsight and his experience during his first 90- days in office, especially in dealing with the dissention which had surfaced between members of this Council, that had helped him remember one of the reasons he had run for office in the first place. His goal was to put an end to divisive politics and to support good government. He agreed that to accomplish this goal he would have to change as well. He noted that he would have to act as a facilitator and a mediator in addition to providing vision and strong leadership. Mayor Beydler said he would have to act as one who was willing to assist all of the stakeholders in this diverse community to reach accord for the common good. He stated that the bottom line was that he had been reminded that achieving this goal while exercising leadership was not easy. Although some people might believe that everything was black and white, the longer he was in office the more he found each issue in this town's government was made up of a number of gray tones. Mayor Beydler said if he had lost sight of some of these shades of gray and had offended fellow members of this council, members of the 9-11 Committee or various citizens, he sincerely apologized. He stated it was his intent to execute the duties of this office with fairness, dedication to principle, and always with real compassion and caring for people. He thanked Vice Mayor Fraverd and Councilman Melendez for their good advice and their willingness to discuss this issue with directness and caring. Mayor Beydler acknowledged that he had learned a lot from their conversations. He stated for the benefit of the men and women of the Sheriff's Department and Posse that any disagreements that might exist between him and Sheriff Arpaio in no way clouded his appreciation for their hard work and dedication. He said he knew he spoke in this regard for the Council. He affirmed that from this day forward he, the Council, and the public must do everything possible to execute the privileges and responsibilities of their representative roles with greater decency, mutual respect, and focus on the real issues facing the community rather than on personal biases and private agendas. He asked that the local newspaper and the Fountain Hills' citizens model that same behavior. He said he was done and he cherished the opportunity to serve as Mayor. He promised to learn to execute his duties with greater skill and integrity. Councilman Kavanagh said uninviting Sheriff Joe to the ceremony had been a very serious thing to do and had caused not only local reaction but also reaction outside the community. He felt the fact that Councilman Melendez seconded the motion spoke to the seriousness of this issue, as did the fact that a number of people had come to this meeting. He agreed no one wanted dissension or arguments as that would obviously get in the way of effectively running the town. However, some of the things that were behind this action were also cause for dissension and divisiveness. He commented that if the Council were to have a new beginning as alluded to by Mayor Beydler, everyone must be clear on what the problems were and so there wouldn't be a repeat. Councilman Kavanagh said there were a number of reasons why he and others were upset by this action. He pointed out that Mayor Beydler's action had been unilateral and unauthorized as it had been the 9-11 Memorial Committee who had invited Sheriff Arpaio to the ceremony. He pointed out that neither the Committee or the Council had been consulted. He noted that the Council had tacitly approved the invitation to the Sheriff Arpaio. Councilman Kavanagh wanted Mayor Beydler to recognize that he had not been authorized to uninvite Sheriff Page 3 of 12 Joe. He sought to insure that if a situation came up in the future when the Mayor did consult council members and the majority did not want action, the Mayor would respect that majority. Councilman Kavanagh asked if this assumption was correct. 'fir Mayor Beydler agreed that the Council needed to work together as a team. He noted that lone ranger actions or 4 to 3 votes were not healthy actions for this town and caused dissension. He reiterated that he had learned a lot and he did appreciate the input of his fellow council members. Councilman Kavanagh asked if Mayor Beydler would have respected his fellow council members wishes if four had requested that Sheriff Joe remain a part of the ceremony. Mayor Beydler replied absolutely. Councilman Kavanagh remarked that this action had interjected politics into the event, which hurt a lot of people. He acknowledged that Mayor Beydler had addressed that issue in his statement. He felt the only thing left was to have Mayor Beydler admit that he had offended Sheriff Arpaio. Councilman Kavanagh understood that Mayor Beydler had an ongoing personal dispute with Sheriff Arpaio. He stated that it had always been the position of the Council that this dispute had nothing to do with Council actions. He confirmed that he was not asking Mayor Beydler to apology to Sheriff Arpaio for anything to do with the investigation. He felt it was appropriate for Mayor Beydler to apologize to Sheriff Arpaio for uninviting him to the 9-11 Memorial Ceremony or at least make a statement of regret that his actions caused the Sheriff and his personnel not to attend. Mayor Beydler responded he had addressed that issue in his statement. He affirmed that his statement covered his regret that the situation had taken place. He noted that Sheriff Arpaio had been encouraged to attend the event. It had been the Sheriffs choice not to be there and the Sheriffs choice not to allow his deputies to participate. Mayor Beydler explained he could not go down that road for many reasons. One reason was that his legal counsel had suggested that could not happen. He reiterated that he had addressed this issue already. Councilman Kavanagh restated that a great insult was rendered to an elected official serving this community who was also a resident of this Town. He commented that he had listened very closely to Mayor Beydler's statement and apologies were made to a lot of people but Sheriff Joe Arpaio had been omitted, perhaps on purpose. Mayor Beydler responded that was correct. He asked that it be understood that there were unfavorable events that took place to a citizen and their family in this community. There were people that were hurt and children that were affected. He remarked that the bottom line was that as the Mayor of Fountain Hills he was still a citizen and enjoyed the same protections as anyone else did. He pointed out that just because he was the Mayor that did not make him any less or make his family subject to unauthorized abuses of power. Councilman Kavanagh said he had endeavored to separate the Mayor's dispute and activities around it from this issue and he wanted to continue to do so. He said Sheriff Arpaio and his investigators were not on trial. If the Mayor believed that there was something wrong with the way the investigation was conducted, then that was something that should be agendized for discussion. Until that was done, he asked that Mayor Beydler return to the present incident. Councilman Kavanagh stated the problem was that Mayor Beydler had utilized the 9-11 ceremony as part of the ongoing dispute with Sheriff Arpaio. He restated that he was not asking the Mayor to apologize for any statement made about the Sheriffs investigation. He considered that to be a private and non- town matter unless the Mayor chose to make it a town matter by agendizing it and discussing it. He reiterated that he was seeking an apology or at the very least a statement of regret as part of the Mayor's statement that the Mayor's actions caused Sheriff Arpaio not to appear. Mayor Beydler pointed out that based upon the results of the 9-11 Ceremony, the objectives that he had been attempting to secure in fact had come true. There hadn't been media frenzy and there weren't any political statements made by anyone on either side of the issue. It was a beautiful, professional, and dignified event. He asked that everyone understand he had done this to achieve peace and tranquility, to give the community a chance to grieve, and to respect the event. He felt that had been accomplished and he did not have any apologies for that. He said it was clear it was inappropriate for one of them to be on that platform that evening given the animosity that the media and issue had created and as the Mayor of Fountain Hills he had certainly intended to be the one in there. Councilman Kavanagh asked Mayor Beydler if he was suggesting that had Sheriff Joe Arpaio attended the ceremony that he would have used time from his keynote address to politically attack him. Mayor Beydler Page 4 of 12 responded absolutely not. If the Sheriff had attended, the other media represenftatives would have certainly been present attempting to make something out of what they shouldn't. Mayor Beydler stated he would have welcomed the Sheriff's attendance that night. He noted that he sat next to Sheriff Arpaio at the Constitution Commemoration event where the Sheriff had been the keynote speaker and it was fine. Councilman Kavanagh Nir asked if there had been media frenzy at that event. Mayor Beydler responded he did not see any media frenzy but he did not know if the media knew that they would be sitting together that evening. Councilman Kavanagh proposed that there wouldn't have been media frenzy and the additional TV cameras would not have disrupted the Town's memorial. In fact it might have added to it. He felt that Mayor Beydler had offered was a lame excuse and it added to the insult. Vice Mayor Fraverd said she agreed with Councilman Kavanagh's last statement. She did not think having Sheriff Arpaio at the 9-11 program would have created media frenzy. She said it was terrific as it was and would have been terrific with his attendance. She noted that the Mayor had not wanted to create media frenzy but the whole week around the 9-11 ceremony was media frenzy. She was not sure that the hour of calm during the event made up for the week before and now the week after. Vice Mayor Fraverd acknowledged that it was with a feeling of both sadness and relief that she had asked for this resolution be placed on the agenda. She felt her energies should be directed towards resolving current issues that face the town, looking at future issues and trying to come up with a plan to resolve those, and not dealing with these types of things. Vice Mayor Fraverd stated this created awkwardness on the dais and in the audience and no one needed that. She said her relief overshadowed her sadness. Vice Mayor Fraverd explained her reasoning for putting this item on the agenda. She publicly apologized to everyone as to how the Sheriff Arpaio situation was handled. She felt badly that she had not been consulted, and that she had not been able to take a proactive stance on the issue because she found out about it after it had happened. She stated that she wanted to publicly distance herself from some of the Mayor's past actions. Vice Mayor Fraverd stated that a number of things had gone on in the past couple of months that were announcements to the media. People had questioned her and she had to explain that those were the Mayor's ideas and she has not been consulted nor did she necessarily support those ideas. She remarked that the Mayor lkiw certainly had the media's ear and perhaps that was more appropriate than the Vice Mayor's ear. Although she had been asked about the censure item. Vice Mayor Fraverd noted that she did not have the opportunity to explain that she was not involved unless she wrote a letter to the Times. That was unfortunate. When asked why she was not involved, her response has been that the Council was not a team. She felt that was the worst thing. Vice Mayor Fraverd commented that Mayor Beydler did not like it when she refers to him as the team leader. She was not sure why as she saw him as the leader of this team. She publicly asked that the Council come together as a team with the Mayor as the team leader since each council member had an equal voice and vote. Vice Mayor Fraverd felt that was the Mayor's role. She said she has told him that privately, semi- privately, and now publicly. She admitted to receiving mixed reviews from Mayor Beydler on that subject. With regard to the Mayor's speech, Vice Mayor Fraverd thought he was moving in that direction yet slower than she had hoped. She stated that while she appreciated him taking that step and she looked forward to seeing some action that would lead her to believe that he would follow through. She commented that she thought the Mayor had also taken that step in the executive session held earlier. She found that to be positive. Vice Mayor Fraverd acknowledged meeting with the town manager and Mayor Beydler with regard to this agenda item. The meeting had started with a lobbying attempt by the Mayor to ask her to remove it from the agenda. She felt the meeting was the beginning of better communication and had led to some good give and take. She affirmed that was the type of follow through that she was hoping to see. At this meeting Vice Mayor Fraverd had asked Mayor Beydler to apologize to the Council, the 9-11 Memorial Committee, Sheriff Joe, and the citizens for his actions with an admission that the situation should have been handled differently. She had asked Mayor Beydler to formulate a plan as to how he was going to bring the Council together as a team. Vice Mayor Fraverd noted that he had been receptive to most of her requests. Over the course of that hour and a half meeting, a number of things were said. It was not all about the dynamics of the council's direction. Some of the time was spent on the dynamics of this agenda item. She affirmed that she had left that meeting feeling Page 5 of 12 pretty good and with the feeling that there was hope after all. The following day she had checked into some of the things said by Mayor Beydler and found out (and was somewhat crushed) that some of the statements represented to her by the Mayor had not been accurate. She confirmed that she had gone into that meeting tiL thinking that they were looking at some truth and honesty and with an eye on moving forward. She conveyed that when she found out that some of the information wasn't accurate, it made her rethink that whole discussion and question what she thought. She was sorry to say that the Mayor had not been truthful with her on some things. She questioned how to go forward based on that. She confirmed that, for her,tonight was the end of this as there were other things to do and she did not intend to address this issue again. Vice Mayor Fraverd hoped that the Mayor would take this in the spirit that it was meant, so there could some closure to this matter, and so the town could move forward. Mayor Beydler replied that in the spirit of cooperation he would not respond to some of the statements made. Councilman Melendez said while visiting two citizens in the hospital he had been asked how things were going in Town. He had responded fine. What else could he say? He pointed out that everything was not fine. He acknowledged that this was a fractured Council. He believed that was because of two issues: the bitter political campaign that started in November of last year and ended on June 6, 2002, and the fire district litigation. High emotions have continued to fester in the community. While having division in government was not unusual, the friction surrounding this Council was keeping them from doing their jobs,confusing and demoralizing staff, and lowering the citizens' respect for the Council. He stated he did not know if the political wounds would ever heal. He publicly asked that three members from the previous Council and the three new members who were sworn into office on June 6, 2002 to make the personal commitment and effort to set aside vindictiveness, personal agendas, and be genuine in the manner in which they dedicate themselves to represent the community. He acknowledged that if that did not happen, then everyone on the dais was wasting their time and the public's time in the effort to make Fountain Hills a better place to live. He reminded everyone of the wording contained in the Oath of Office that each of the council members had taken. The council member will faithfully and impartially discharge the duties of their office according to the best of their abilities. Councilman Melendez stated his reasons for supporting this item. He felt Mayor Beydler's offense was serious because Sheriff Arpaio was the chief elected law enforcement officer for Maricopa County and a Fountain Hills' resident who has a high percentage of constituent approval. Councilman Melendez said his second reason was procedural. He quoted from the job description of the town manager's Executive Assistant, which states, "this person shall coordinate the business, ceremonial, and conference activities for the town manager, mayor and town council". He felt that in this case the Mayor had not given proper instruction to the executive assistant (to talk with the other council members), which had been a serious mistake. He said his seconding of the motion was not in offense to the Mayor as he was just sticking to the facts. Councilwoman Ralphe expressed that she was uncomfortable when considering censure of Mayor Beydler or any of her colleges. Councilwoman Ralphe stated political infighting was not in the public's best interests. She preferred to work on representing the public on various issues and projects; therefore she stated she would abstain from the vote. Councilman Archambault said he was pleased with Mayor Beydler's apology but he was reminded that it took two to tango. He felt that Sheriff Arpaio had helped instigate some of these instances. He noted that Sheriff Arpaio was not present to apologize to this town. He stated that this item was a disgrace and a disservice to this town. He asked how many times would Fountain Hills be placed in the spotlight of embarrassment. Councilman Archambault commented that council members had used town reports for their own personal gain and they continued to fight with other council members. He acknowledged that damage had been done to Mayor Beydler by sending six sheriff deputies to his business when one would have been enough. He did not think this discussion should be taking place. Councilman Archambault said he would not participate in this censorship vote. He affirmed that he was not relinquishing his vote but he was refusing to cast it. He personally accepted Mayor Beydler's apology for those stakeholders he represents. Councilman Archambault asked L, Sheriff Joe for some type of apology so that both he and the Mayor could move forward. Page 6 of 12 Councilwoman Nicola made public apologies to Mayor Beydler and his family, Sheriff Joe Arpaio, to the all the men and women in brown who were not allowed to participate in the ceremony. She extended her apologies to the fire fighters that were hired last year that weren't available to participate. She stated there were a lot of apologies that needed to be made by this town. Councilwoman Nicola moved to AMEND the motion to delete Section 1 from Resolution 2002-36. She wanted to adopt a resolution that apologizes to Sheriff Joe. acknowledges that the action was not the right thing to do, and mandates this would not happen again. The amendment DIED due to the lack of a second. Mayor Beydler said he would not respond to the attacks. He stated that Vice Mayor Fraverd did not follow through on her commitment and he would remember how she responded this evening. It was unfortunate that the Council had this acrimony. Mayor Beydler voiced that he would also abstain. He asked Town Attorney Andrew McGuire what the impact would be if there were four abstentions. Mr. McGuire replied that if there were three affirmative votes, the motion would not pass. Councilman Melendez commented that he felt his earlier remarks had not been taken to heart and he found that disappointing. He noted that the community was facing major issues. He expressed it was frustrating for him to not be able to have a dialogue that was intelligent, sincere, and responsive to the citizens. He stated he was deeply disappointed in this division. He restated his request that the Council come together for the future work and benefit of the community. Mayor Beydler asked for a show of hands of those in the audience who wished to speak. He announced that there were ten who indicated their desire to speak. Councilman Kavanagh called for a point of order. He stated that the Council has never had a selection process for public speaking before. As far as he was concerned as long as there was a resident who wanted to voice their opinion there was a microphone and a Council that would listen to that resident. Mayor Beydler said he appreciated that fact but only ten people had raised their hand. Councilman Kavanagh responded that more might come forward later. ftv Mayor Beydler called for public input and asked that the 3-minute rule be enforced. Residents who spoke in favor of the resolution: Cynthia Bonomolo, Cholla Dr. Robert Howes, Mustang Drive Leo Zabella, 16894 Sterling Way Shawn Dow, Buffalo Drive Dale Noss, 14603 Fairlyn Mark Van Boekel, Cabrio Dr. Tim Loving,Pinto Drive Ron Bruno,Tepee Phil Gaziano, Sierra Madre Residents who opposed the resolution: Michael Fleck Rocky Dziepak, 16316 Jacklin Bob Travis, Chinook He stated he had served the town in an official capacity for many years and he had not been asked to participate in the ceremony. He felt that was wrong. Commander Scott Penrose,MCSO He explained that deputies were assigned to attend the 9-11 Ceremony and did not show up by their own choosing. He responded to Councilman Archambault's request for an apology from Sheriff Arpaio by stating that the Sheriff's Department had been doing their job and the report stood on its own merits. He confirmed he had read the Sheriffs speech for the ceremony and it had been directed towards the heroes of 9-11. He clarified that posse members may speak at a council meeting as residents but are instructed not to come in uniform or represent themselves as members of the Sheriffs office. Page 7 of 12 Councilman Kavanagh clarified that this resolution was not a political payback. He noted the Council had attempted to make this as non-political as possible and to characterize it as such was simply distracting people from the real problem, which was that the Mayor's action had politicized the non-political and solemn 9-11 event. The 9-11 Committee had voted to have Sheriff Arpaio present and the Council tacitly approved it at a Council meeting. The Mayor had uninvited Sheriff Arpaio without consulting either the committee or this Council. The Mayor made the decision, which he had no authority to do. Councilman Kavanagh stated that Mayor Beydler came to the 9-11 Committee and told them that he had done that and that was not right. Had Mayor Beydler gone to the 9-11 Committee and to the Council and explained his position this would not be agendized. This was done unilaterally and the Mayor had shown disrespect to the 9-11 Committee and the Council. Councilman Kavanagh said that was a theme that has been the undercurrent for much of the dissension in this Town since the Mayor has taken office. He acknowledged that no one was more involved in disputes on this Council than he was during the mountain issue. He admitted that for all the disputes that took place during that time, when the next agenda item was brought forward that previous Council had sat down and worked together because everyone was sincere. He felt the problem was that there wasn't any sincerity here. He had originally thought that the Mayor was sincere when he made his statement. When looking closer, and a few questions were asked, things began to crumble and that ended with a unilateral unauthorized attempt to limit debate and to impose a 3-minutes rule that had never been imposed by the Mayor before. Councilman Kavanagh felt this Council was back to ground zero. Councilman Archambault responded to public comment. He refuted that he did not imply nor did he want to say that the Posse and the Sheriffs' deputies deserved to give the town an apology. He said they deserved an apology for what their leader did. He commented that this whole incident would have been avoided if the media hound had not gone to the media after the Maricopa County Attorney's office had said the case against Mayor Beydler was dismissed. Sheriff Arpaio had proceeded with a televised interview the night of a Fountain Hills' Council meeting, which brought disgrace and caused a knee jerk reaction. He remarked that while he did not approve of the reaction he did accept the apology made by Mayor Beydler. Councilman Archambault restated that Sheriff Joe owed the Town an apology for helping to cause the knee jerk reaction. He proceeded to talk about ethics. He asked if it was ethical of Sheriff Joe to talk to the media and slam the Mayor. He did not think so. Councilman Archambault stated he did not think that what the Mayor did was ethical either. However, Councilman Archambault said he would not waste his time and vote on judging an action to censure the Mayor. Councilman Archambault reiterated that he would abstain from the vote. Vice Mayor Fraverd acknowledged that Mayor Beydler was furious with her. Mayor Beydler nodded in agreement. Vice Mayor Fraverd remarked that in the meeting the Mayor and the town manager the Mayor had asked her if this was going to be a declaration of war. She said that was not her intention. She pointed out that in politics as in life, choices were made with consequences for each of those choices. Vice Mayor Fraverd reiterated that a positive step had been made yesterday and that was something she could build on. She acknowledged that whether or not Mayor Beydler chose to turn against her was up to him. Vice Mayor Fraverd restated that Mayor Beydler was not truly honest with her and that meant everything to her when trying to find some common ground. She did not know how to move forward with a less than honest discussion. She expected to move forward on this and she hoped it was with cooperation and sincerity to do the best for the Town. Councilman Kavanagh restated that this issue was not about a personal attack on the Mayor. This was because the Mayor exercised his official power in a unilateral and unauthorized manner. This was because the Mayor had used his official position as a weapon in a personal dispute, because his actions insulted this Council, the 9- 11 Committee and the Town, and, worst of all, it politicized the 9-11 event. The other reason the Council needed to take this stand was that people all over the valley think the Town of Fountain Hills insulted the Sheriff, uninvited him, and used 9-11 as the political tool. He stated the record must be set straight. This was not a Town action but an individual's unauthorized action. Councilman Kavanagh stated he would vote for the censure resolution. Mayor Beydler said he had worked this evening to communicate in a peaceful and open fashion and he was not sure where Vice Mayor Fraverd was coming from. He said there hadn't been any discussion of any kind that she was referring to. He stated the town manager had also been in that meeting and he was sure that the town manager was rather taken back by what had happened this evening. Mayor Beydler wanted to set the record Page 8 of 12 straight. He noted that Interim Town Marshal Tate had brought a note to him earlier. He wanted the public to know on what he was basing his responses and why he was responding to the public's criticism this evening as he did. He said these individuals had made a mistake in dropping a note, which said, "Posse at meeting tonight, 2 to 3 to speak, no uniforms, Fountain Hills residents do not ID as Posse member". He asked Interim Marshal Todd Tate if this was the note he had been handed. Interim Marshal Tate responded yes. Mayor Beydler remarked that he assumed that there was a reason for some people to be present under cover and who did not to be identified as they were trying to build support for their perspective. Interim Town Marshal Tate addressed this issue. He clarified that his job at Council meetings was to maintain the peace and security. He explained the note had been given to the Council with the intent of providing a "heads up"as there might be a large public gathering and some heated discussion. Councilman Kavanagh asked Interim Town Marshal Tate when he found the note. Interim Town Marshal Tate replied just before the meeting began. Councilman Kavanagh asked to whom did he give the note. Interim Town Marshal Tate indicated there had not been a lot of time before the meeting. He saw a group of council members by the door and he approached them. He had taken Mayor Beydler aside as he had not wanted to create a spectacle. Interim Town Marshal Tate said he then revealed the note he had found admitting that he did not know what it meant. He commented he had only wanted the Mayor to be aware that there would be people coming up to speak. He remarked that if he had time to gather all the council members together before the meeting, he would have done so. Councilman Kavanagh suggested that if in the future such notes were found, that the notes be given to the town manager. He felt that this situation had interjected more controversy into the law enforcement issue and he was not pleased. Stan West, resident He stated he was a resident and member of the Sheriffs Posse. He affirmed that the Posse had not been asked to appear and speak at this Council meeting by the Sheriffs office. Thornton Majors, 10401 N. Saguaro Blvd. He called for the vote. Deputy Sgt. Paul Chicora,MCSO He spoke in defense of Sheriff Arpaio. He said the Sheriff has only brought information forward to Maricopa County residents that they asked for. That was all that he has provided. A roll call vote was taken with the following results: Councilman Melendez Aye Councilwoman Nicola Abstained Councilwoman Ralphe Abstained Councilman Archambault Abstained Mayor Beydler Abstained Vice Mayor Fraverd Aye Councilman Kavanagh Aye The motion FAILED. Councilwoman Nicola noted she had abstained in the vote on Agenda Item#10. AGENDA ITEM #12 - DISCUSSION AND POSSIBLE ACTION REGARDING EAGLE MOUNTAIN PARCEL 10/11 TRACT G. CASE NUMBER S2001-27. Community Development Director Jesse Drake stated that the applicant had requested that this item again be continued to the October 3, 2002, Council meeting. She explained that the applicant had not yet met with the neighborhood association nor had the new town attorney reviewed the material. Vice Mayor Fraverd MOVED to continue this item until October 3, 2002 and Councilwoman Ralphe SECONDED the motion. The motion CARRIED unanimously. Page 9 of 12 AGENDA ITEM #13 - CONSIDERATION OF A SIX MONTH EXTENSION ON THE SPECIAL USE PERMIT FOR "TOWN CENTER CROSSING CONDOMINIUMS"; LOCATED ON LOT 8 OF THE TOWN CENTER I FINAL PLAT; CASE#SU2001-14. Senior Planner Dana Burkhardt discussed the request for an extension of the special use permit. He stated that illor staff recommended approval noting that the final plat would come before the Council within the next month or so. Councilman Kavanagh MOVED to approve the special use permit extension as presented and Councilman Archambault SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #14 - PUBLIC HEARING ON A SPECIAL USE PERMIT TO ALLOW GOLF BALL NET FENCING AT 10474 NICKLAUS DRIVE, AKA PLAT 401B, BLOCK 6, LOT 2, CASE NUMBER SU2002-07. Mayor Beydler recessed the regular session and opened the public hearing at 8:30 p.m. Planner Denise Ruhling reviewed the details of this special use permit application. The special use permit would allow construction of a golf net fence for the protection of the applicant's home from golf balls. She indicated that there had not been any public opposition to this application. Councilman Kavanagh asked if staff had received any complaints regarding the aesthetics of previously approved golf ball net fencing applications. Planner Ruffling responded no. Councilman Melendez asked if landscaping would serve the purpose of protecting the home. Planner Ruhling responded she always encouraged landscaping when possible. However, oleanders, which would be the best product to put in this location, would require 3 — 4 years of growth in order to be of any significant height to stop the golf balls from flying into this homeowner's backyard. Mayor Beydler closed the public hearing the 8:37 p.m. AGENDA ITEM #15 - CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW GOLF BALL NET FENCING AT 10474 NICKLAUS DRIVE, AKA PLAT 401B, BLOCK 6, LOT 2, CASE NUMBER SU2002-07. Councilman Archambault MOVED to approve the special use permit as presented and Councilman Kavanagh SECONDED the motion. Vice Mayor Fraverd agreed landscaping was the preferred method to control this situation whenever possible. She encouraged the property owner to plant some additional shrubs so that the netting was not quite so visible. Mayor Beydler asked if the "irons only" policy was being enforced. Planner Ruhling could not answer that question. Councilman Kavanagh acknowledged that the new golf courses were designed with the technology available today for balls and clubs. However, this course was designed 25 years ago and that was why there was a problem. Councilman Kavanagh proposed that the applicant also landscape the fencing poles, as they were more visible than the netting. The motion CARRIED unanimously. AGENDA ITEM #16 - PUBLIC HEARING ON ORDINANCE 02-15 AMENDING CHAPTER 5, SECTION 5.11.B.4 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW THE HEIGHT OF CUT OR FILL AREAS TO EXCEED TEN FEET IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS, IF THE AREA IS COMPLETELY CONCEALED BENEATH THE FOOTPRINT OF THE MAIN RESIDENCE, AND THE AREA DOES NOT EXCEED FIVE PERCENT(5%)OF THE FOOTPRINT OF THE MAIN RESIDENCE,CASE NUMBER Z2002-08. Mayor Beydler recessed the regular session and opened the public hearing at 8:40 p.m. Page 10 of 12 Community Development Director Jesse Drake reviewed the proposed text change. She stated that the Planning and Zoning Commission recommended approval on a vote of 4— 1. Staff also recommended approval. Those who spoke in favor of the text change: NOw Dave Montgomery,Newmarket Court and engineer Tony Woodrell, 16230 N. Edgewater and homebuilder Phil Gaziano, Sierra Madre Those who opposed the text change: Lori Noss,Fairlyn Dr. (Committee to Preserve the Environment) Mark Van Boekel, Cabrio Dr. Edwin Keye, 16620 N. Agate Knoll Place Fountain Hills Senior Civil Engineer Jim Leubner gave staffs perspective on the purpose of the amendment with examples of how this would help a developer build a house so that it would not create any visible impact to the surroundings. He reminded the Council that staff was just beginning the mountain plats and most lots would be difficult lots. He affirmed that the Town's staff was quite capable and that there was certain development issues that staff did not need to bother the Council with. He recommended approval of this text change. Councilman Kavanagh questioned if this text change would allow the developer to increase the development envelope. Director Drake responded that the disturbance area could increase but it was more likely that the disturbance area would be reduced. By not having the footprint of the house spread out due to the need to realign retaining walls and the exterior of the house since a little knoll could be buried under the house or a crevice covered then the disturbance could actually be reduced. She clarified that staff was bringing this text change forward not to make it easier for the homebuilder but to reduce the disturbance. Vice Mayor Fraverd noted that this proposed text change would not allow for additional lot cover. Director Drake confirmed that this text amendment did not change any coverage, building height, or height of retaining walls. If the area were visible anywhere on the exterior of the house, it would not be allowed and the application would have to come forward just as any other cut and fill waiver. Councilwoman Ralphe asked if it was likely that the extra 5% would turn out to be a chunk out of a mountain ridge. Would the town lose some mountain ridge in this process? Director Drake stated she could not envision that happening but could not guarantee it would not happen since staff did not know where these little knolls and other areas were going to be. She reviewed the types of applications where this text change would be utilized. Director Drake affirmed that if the disturbance exceeded 5%,the application would come before the Council. Vice Mayor Fraverd responded to Councilwoman Ralphe's concern. She said that if someone were to cut off a little more than 10 feet from the top of a ridge, they could still build a house there but the house would be raised with fill added underneath it. She felt that higher and more visible rooflines could be expected. In some cases, cutting that foot or two off would set the house down where it needed to be. Councilwoman Ralphe said she visualized that this text change could mean "less mountain" in various places. She presented calculations that she had made to illustrate her concerns. These calculations were based upon the construction of a 5,000 sq. ft. home built in the McDowell Mountains. The consequences (5,000 sq. ft. x 5%) could be that 250 sq. ft. of a mountain ridge would be blown up. She remarked that the Council had approved 415 homes to be built in the McDowell Mountains. Therefore, if the 415 lots were multiplied by the 250 sq. ft. factor, there was a potential for approximately 103.000 sq. ft. of mountain land to be lost. Councilwoman Ralphe stated her calculations indicated that would be equivalent to 64.8 - 1,600 sq. ft. homes. She reminded everyone that once the edge of a mountain was removed, it was not replaceable. Councilwoman Ralphe felt there would be abuse if this proposed text change were approved. She did not think that allowing bigger homes on the mountain lots would suit the best interests of the community. Mayor Beydler closed the public hearing the 9:20 p.m. AGENDA ITEM #17 - CONSIDERATION OF ORDINANCE 02-15 AMENDING CHAPTER 5, SECTION 5.11.B.4 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO Page 11 of 12 ALLOW THE HEIGHT OF CUT OR FILL AREAS TO EXCEED TEN FEET IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS, IF THE AREA IS COMPLETELY CONCEALED BENEATH THE FOOTPRINT OF THE MAIN RESIDENCE, AND THE AREA DOES NOT EXCEED FIVE immoy PERCENT(5%)OF THE FOOTPRINT OF THE MAIN RESIDENCE,CASE NUMBER Z2002-08. Vice Mayor Fraverd MOVED to approve Ordinance 02-15 as presented and Councilman Archambault SECONDED the motion. Vice Mayor Fraverd commented that the Developer Advisory Committee's had two goals. One goal was to facilitate the permit process and the other was to clarify, update, and modify some of the town's ordinances. She stated that she would be contacting Mr. Keye to discuss his concerns with regard to the Committee. Councilman Archambault discussed that this text change would help fit the house to the land. Councilwoman Ralphe remarked that this was a potential problem and she was not in favor of the proposed text change. Councilman Kavanagh pointed out that if there was abuse, the Council could revisit the issue. He expressed concern that there might be the potential for a legal challenge of the Town's hillside ordinance and other restrictive regulations. Up to now there had not been a legal challenge since Town had been pretty reasonable with those owners/builders of smaller homes who were scrimping to build the house and who might not have the extra cash to go to a lawyer. When talking about owners who were spending approximately $500,000 for their lots and who wanted to put 15,000 sq. ft. homes on it, a legal challenge would be chump change for them. Those owners might do just that to spite this Town. To the extent that small irritations could be removed for these owners and it did not appear to environmentally unfriendly, this was a prudent step in order to be fair and to avoid a court challenge. The motion CARRIED on a vote of 6— 1. Councilwoman Ralphe cast the nay vote. AGENDA ITEM#19- CALL TO THE PUBLIC AND ADJOURNMENT. Cynthia Bonomolo, Cholla Dr. She was upset because she was the only one held to the 3-minute rule. She felt everyone needed to separate his or her personal issues from Town issues. She asked the Council to get along. ikiw Councilman Melendez welcomed both Mr. Tim Pickering and Mr. Andrew McGuire. Councilwoman Nicola MOVED to adjourn the meeting and Councilman Archambault SECONDED the motion, which CARRIED unanimously. Mayor Beydler adjourned the meeting 9:20 p.m. TOWN OF FOUNTAIN LS By: Jo eydle ,Mayo ATTEST: 4444-t- �- Cassie B. Hansen, Director of Administration/Town Clerk PREPARED B Y: ,6i �r J Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Meeting held by the Town Council of Fountain Hills on the 19th day of September 2002. I further certify that the meeting was duly called and that a quorum was present. DATED this 3`d day of October 2002. %f} Cassie B. Hansen, Director of Administration/Town Clerk Page 12 of 12