HomeMy WebLinkAbout2003.0619.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
IIkw JUNE 19,2003
AGENDA ITEM #1 - PURSUANT TO A.R.S. 38-431.03.A.4, 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 THE BROWN AND BAIN LITIGATION); (ii) PURSUANT TO
A.R.S. 38-431-03.A.7, FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED
REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND
INSTRUCT ITS REPRESENTATIVES REGARDING THE NEGOTIATIONS FOR THE PURCHASE,
SALE OR LEASE OF REAL PROPERTY(SPECIFICALLY, THE TOWN HALL LEASE.)
Councilwoman Nicola MOVED to convene the Executive Session and Councilman Archambault SECONDED the
motion,which CARRIED UNANIMOUSLY. Mayor Nichols recessed the executive session at 6:28 p.m.
AGENDA ITEM#2- RETURN TO REGULAR SESSION.
Mayor Nichols called the meeting to order at 6:30 p.m. and led the Pledge to the Flag. Following the Pledge,Pastor
Cory Bramlett,First Baptist Church,gave the invocation.
ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Councilman
Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Councilman Melendez,
Councilwoman Nicola, Vice Mayor Ralphe. Town Attorney Andrew McGuire, Town Manager Tim Pickering,
Public Works Director Tom Ward, Parks & Recreation/Community Center Director Mark Mayer, Senior Planner
kow Denise Ruhling, Senior Planner Dana Burkhardt,and Bevelyn Bender,Town Clerk, were also present.
The Mayor reviewed the process the public would follow prior to speaking to an agenda item.
RECOGNITION ITEMS: Presentation of the "Physical Activity Leadership Awards" on behalf of Governor
Napolitano and the Governor's Council on Health, Physical Fitness and Sports.
Mayor Nichols stated that this evening he would like to recognize a special group and two citizens of the
community who had made significant contributions in the areas of physical activity. He said they were being
recognized for their active concern for the health and well being of Fountain Hills' residents and because they had
encouraged citizens to be more active so that they could lead healthier, happier and more productive lives.
The Mayor said on behalf of Governor Janet Napolitano and the Governor's Council on Health, Physical Fitness
and Sports, it was his pleasure to present the Mayor's Physical Activity Leadership Awards to Fountain Hills
Walking Club, Gary Oakeson, President John Tolorich, a 5th grade teacher at Four Peaks Elementary School; and
Kenny Krell, from Three Disciplines Racing. He presented the awards to those individuals and commended them
on their outstanding accomplishments,
CONSENT AGENDA:
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 4 AND
JUNE 5,2003.
AGENDA ITEM#2— CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
JAMES J. AND JAMES R. ROONEY FOR THE SILVER STEIN LOCATED AT 17030 EAST
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ENTERPRISE DRIVE. THE APPLICATION IS FOR A NEW CLASS 12 (RESTAURANT) LICENSE
FOR THE NEW OWNERS OF THE SILVER STEIN.
AGENDA ITEM #3 - CONSIDERATION OF A TEMPORARY USE PERMIT TO ALLOW OUTDOOR
Lir RETAIL SALES (AKA FARMER'S MARKET) ON A PORTION OF LOT 1 AND LOT 2 OF THE PLAZA
FOUNTAINSIDE FINAL PLAT TO BE HELD EVERY TUESDAY OF THE WEEK BEGINNING JUNE
24,2003,FOR ONE CALENDAR YEAR PERIOD,CASE#TU2003-04.
AGENDA ITEM #4 - CONSIDERATION OF FINAL PLAT APPROVAL 16524 LASER DRIVE, AKA
PLAT 412A,BLOCK 5,LOTS 7 AND 8(A LOT JOIN PROJECT). CASE NUMBER S2003-06.
Councilman Melendez MOVED to approve the Consent Agenda as read (Items 1 through 4) and Councilwoman
Nicola SECONDED the motion. A roll call vote was taken with the following results:
Councilwoman Stevens Aye
Councilman Melendez Aye
Councilman Kavanagh Aye
Councilwoman Nicola Aye
Mayor Nichols Aye
Vice Mayor Ralphe Aye
Councilman Archambault Aye
The motion CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM#5 - CONSIDERATION OF AWARDING THE REQUEST FOR PROPOSAL(RFP)FOR
AVENUE OF THE FOUNTAINS.
Town Manager Tim Pickering stated that Planner Denise Ruhling would provide a brief overview and discuss
Staffs recommendations relative to this project. Ms. Ruhling expressed appreciation to everyone who participated
in this process for the countless hours they devoted to this project. She noted that on February 20th, the Council
Ihir approved the processing of a Request for Proposals (RFP) to solicit bids to produce a Concept Plan for the Avenue
of the Fountains. She reported that approximately 30 RFP's were sent out to different companies and 11 proposals
were received and distributed to the members of the Review Team, composed of Denise Ruhling, Tom Ward, Greg
Bielli (MCO); Judi Yates (Downtown Consensus Representative) and Lowell Janson (Plat 208 Representative).
She explained that the members of the team were asked to review the proposals and select the top five (5)
respondents. She added that the team met on May 21st and narrowed the proposals down to the following three:
Abell & Associates ($37,350); Design Workshop/Spectrum Planning ($30,400); and e-Group ($13,000). She
advised that the Team held interviews on June 3rd with representatives of the top three proposals and based upon
the written proposals and the information provided during the interviews, the Team recommended that the award be
presented to Design Workshop/Spectrum Planning.
Ms. Ruffling further explained that the Team did not recommend that the award go to the lowest bidder based on the
fact that the e-Group's bid was 42% lower than the next lowest bidder and the team expressed concerns over the
low bid and the possibility of change orders that would increase the cost of the process; the Team expressed
concerns regarding performance of the bidder on previous projects within the Town of Fountain Hills; and the
bidder's presentation during the interview process was found to be lacking compared to the presentations provided
by the other two presenters. In addition, she noted that during the interview, the bidder did not appear "open" to
input on concepts and it appeared to the members of the Team that many ideas were already conceived and the
bidder would pursue proceeding in the direction already chosen.
Ms. Ruffling stated that Design Workshop/Spectrum Planning was very open to input and provided information on
their intent to use every available option to ensure that the concept plan reflected the overall desires of the
community.
Discussion ensued relative to the composition of the Design Workshop/Spectrum Planning organization and prior
projects and experience; the fact that the organization specialized in "Place Branding," the development of strategic
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plans to weave a community's unique values for each cornerstone into physical and market communications that
represented the community; the fact that although the budgeted amount for the Development of the Concept Plan
was set at $25,000, Staff had contacted Ms. Ghetti in accounting to verify that the additional funding to cover the
total amount of $30,4000 might be taken from the construction budget; and Staffs opinion that the combination
offered by Design Workshop and Spectrum Brand Planning would be a great asset to the development of Avenue of
the Fountains.
Councilman Stevens MOVED and Councilman Kavanagh SECONDED a motion to award the Request for
Proposal (RFP) for Avenue of the Fountains to Design Workshop/Spectrum Planning, as recommended by Staff
and the members of the Review Team.
In response to a question from Councilman Melendez, Ms. Ruhling advised that none of the representatives from
Design Workshop/Spectrum Planning were able to be present this evening for a variety of reasons. Councilman
Melendez commented on the favorable results of research he conducted on the company and said that he supported
the award of the bid to this organization.
Ms. Ruhling advised that Staff would meet with representatives of Design Workshop/Spectrum Planning and begin
to schedule public input/workshop sessions relative to this project. She noted that Staff would keep the Council
informed of the status of their efforts.
MOTION CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #6 - CONSIDERATION OF AN ALTERNATIVE HILLSIDE DEVELOPMENT
AGREEMENT FOR TREVINO BUSINESS CENTER, LOCATED AT A NINE BUILDING, 34,408
SQUARE FOOT PROFESSIONAL OFFICE COMPLEX ON AN UNPLATTED PARCEL OF LAND
LOCATED WEST OF SAGUARO BOULEVARD, NORTH OF TREVINO DRIVE AND EAST OF
BURKEMO DRIVE.
Mr. Pickering advised that Dana Burkhardt would provide a brief overview of this agenda item as well as Staffs
recommendations. Mr. Burkhardt referred to handouts distributed to the members of the Council and noted that the
Town had a consistent policy of approving these types of alternative hillside development agreements for
commercial development. He noted that the primary purpose of this agreement was to allow the development of
the property utilizing an alternative land preservation methodology. He noted that the proposed alternative hillside
preservation agreement would provide a contiguous open space buffer between the commercial and residential
properties, rather than isolated pockets of hillside protection easements throughout the site. He added that the
agreement also proposed considerations for off-site improvements, such as the sidewalk locations and proposed
Trevino Drive right-of-way improvements.
Mr. Burkhardt stated that next week at the Planning and Zoning Commission meeting the preliminary plat would be
reviewed and said he hoped they would forward a recommendation on to the Council for approval on July 1st.
Discussion ensued relative to the site plan and actual location, the fact that the project consisted of a 9-building
professional office complex, proposed preservation and hillside protection areas, the fact that the applicant was
proposing to provide an adequate landscape buffer between the future industrial development and the adjacent
residences, the fact that the proposed agreement provided a payment in lieu of the required preservation in the
amount of$21,926 and also required the developer to re-vegetate the previously disturbed area within the proposed
HPE, and the fact that the payment in lieu provided for the transfer of hillside protection from this property to the
McDowell Mountain Preserve purchased by the Town.
Mr. Burkhardt emphasized that the Town of Fountain Hills' General Plan encouraged open space/landscape buffers
between commercial and residential zoning districts, as well as the preservation of contiguous natural areas. He
discussed Staffs belief that the contiguous hillside protection easement buffer met the intention of the Town's
ikiir General Plan and said that Staff recommended approval of the Alternative Hillside Preservation Agreement for the
"Trevino Business Center."
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In response to a question from Councilwoman Nicola, Tom Ward responded that Staff believed it would be best if
the sidewalk was constructed on Saguaro Boulevard and noted that the Master Plan contained plans for sidewalks
on both sides of Saguaro Boulevard. This action will help achieve that goal. He added that plans called for
increasing the width of the sidewalk on Saguaro to six feet. Mr. Burkhardt noted that issues such as this would be
further addressed when the actual plat was reviewed.
Councilman Archambault asked whether the agreement could include a clause that stated that any development that
was begun must be completed within a one-year time frame.
Town Attorney Andrew McGuire noted that the work would be tied to specific permit expiration dates.
Councilman Archambault commented that this did not mean that the work would actually get done and discussed
projects he had seen in the City of Scottsdale that were never finished. He stressed the importance of receiving
assurances from the developer that projects would not be started unless they were sure they would be completed.
Mr. McGuire questioned the enforcement ability the Town would have in such cases.
The Mayor asked if there were any citizens present who wished to speak on this item and the following citizen
came forward.
Stan Klesky, 15643 E. Grassland Drive
Mr. Klesky suggested that the Council consider including a "liquidated damages clause" in the agreement in order
to provide added protection to the Town of Fountain Hills.
Mr. McGuire explained the concept of liquidated damages and when such clauses come into play. He stated the
opinion that it would not apply in situations such as this.
Councilwoman Stevens MOVED that the Council approve the Alternative Hillside Development Agreement for
Trevino Business Center, and Councilman Kavanagh SECONDED the motion. MOTION CARRIED
UNANIMOUSLY.(7 TO 0)
Lor
AGENDA ITEM#7 - DISCUSSION WITH DIRECTION TO STAFF REGARDING THE INITIATION OF
AMENDMENTS TO THE SIGN ORDINANCE.
Mayor Nichols explained that the Council would not be approving this agenda item this evening, but rather would
be providing Staff with direction that would then be presented to the members of the Planning and Zoning
Commission. He added that the input would then be used to develop a proposal that would later be further
considered and reviewed by the members of the Town Council.
Denise Ruhling referred to a report contained in the Council's packets and noted the issue of A-Frame signs was
one of two remaining outstanding issues at this time. She said that Staff previously recommended that A-Frame
signs be prohibited but stated that this recommendation did not meet with Council's approval and therefore Staff
was directed to develop guidelines that allowed the regulated use of A-Frame signs. She explained that Staff had
included recommended regulations in their report for Council's review and consideration. She reported that the
regulations limited the number of signs to one per business, required a permit, and outlined placement and design
requirements.
Ms. Ruhling referred to a sample A-Frame sign displayed in the Council Chambers and reported that Staff had
recommended that the maximum size of an A-Frame sign be 32 inches wide and 36 inches tall. She added that all
signs would have to be professionally manufactured, maintained in good repair, and no attachments to the signs
would be permitted. She noted that all signs should be removed from the site upon close of each business day or
sunset, whichever occurred first. Ms. Ruhling stated that for pedestrian safety, and in order to meet Americans
With Disabilities (ADA)regulations, all businesses would be required to maintain a pedestrian walkway minimum
of four (4) feet of unobstructed sidewalk clearance from the outer edge of the sign and outer edge of the sidewalk
and said that landscaping could not be modified or damaged to accommodate an A-Frame sign. Ms. Ruhling
referred to the proposed guidelines for A-Frame signs, as follows:
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* Number of Signs Permitted: One per business.
* Permitted Locations: Signs may be placed in any commercial area(except on Shea Boulevard). Signs may
not be located within right-of-ways or on Town property. Signs located off premise (property owned by
entity other than the applicant) require a notarized letter of authorization and placement from property
owner. A-Frame signs are not allowed on Shea Boulevard.
* Signs shall not be located within 300 linear feet, along the same roadway, as measured along the public
right-of-way line(s)of another sign bearing the same or substantially the same message.
* Signs shall not be located more than one mile, as measured along the public street right-of-way lines, of the
destination to which such sign is directing traffic.
* Clear Vision Area: No sign shall be located as to pose a traffic vision hazard (i.e. located within the sight
triangle as defined in the Town of Fountain Hills Subdivision Ordinance Section III,Exhibit 16).
* Size: No sign may be greater than 32 inches wide and 36 inches tall.
* Maintenance and Appearance: All signs shall be in good repair and neatly painted. No attachments to
signs are permitted.
* Landscaping: Alteration of landscaping in any manner is strictly prohibited.
* Display Times: A-Frame signs shall not be displayed during non-business hours or between sunset and
sunrise.
* Permit Number Display: All A-Frame signs must be permitted and display the required permit sticker in
the upper right hand corner of the sign.
* Placement Design: A map showing placement of sign must be provided at time of application and strictly
adhered to.
* Required Documents: If a sign is to be located off-premise, a notarized letter of authorization of placement
must be obtained from the property owner and submitted at time of application to the Town.
Ms. Ruhling discussed using permits and that the signs would have to be professionally made (definition of
"professionally made"yet to be determined); the fact that fee amounts had not yet been determined;businesses that
operated from a home or residential complex were not permitted to use A-Frame signs except for real estate A-
Frame signs, which fall under different regulations, and the fact that in no case shall A-Frame signs be allowed on
Shea Boulevard.
Ms. Ruhling noted that the second outstanding issue dealt with neon signs and reported that at the time of adoption,
the Town Council directed Staff to eliminate neon signs as an allowed use. She requested that the Town Council
revisit the idea of neon as an allowed use and added that the original proposal was to allow neon as follows: a) As
part of a wall sign; and b)for window signage a maximum size of four(4)square feet.
Ms. Ruhling reported that Staff had proposed that neon as part of a wall sign be eliminated but that neon be allowed
as stated in (b) above, thus allowing businesses the flexibility to use neon in window signage. She added that the
majority of the businesses that had contacted Staff had indicated that the only neon they were asking for was to be
used as an open sign. She said that while it was true that Staff would not be regulating the content,the size allowed
was not conducive to being used as a main part of their advertising.
Councilman Kavanagh stated the opinion that the Council should discuss neon signs separately from A-Frames
signs since they were two separate issues. He noted that the Council previously voted on a motion to continue the
ban on neon signs and asked whether a new motion was in order to reverse that action, made by a member of the
Council who voted affirmatively for that motion.
Mr. McGuire explained that the item before the Council was not a motion to reconsider the previous action but
rather Council direction to Staff to initiate a zoning ordinance amendment. He said that Staff would bring this
matter back to the Planning and Zoning Commission, it would go through the public hearing process, and then the
issue would come back before the Council for further consideration and final action.
Councilman Kavanagh said that he, along with the majority of the members of the past two Town Councils and
beyond, had always supported a ban on neon signs because they believed they had the ability to get "out of control"
and degrade the Town. He commented on the fact that a wide range of neon existed in the Town and said that some
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of it was very disturbing. He added, however, that a number of store owners had spoken to him and convinced him
that a need existed to communicate to customers that their places of business were "Open" and said that this could
be accomplished through the use of a small "Open" neon sign.
Councilman Kavanagh stated that he had discussed an ordinance that would allow the placement of small neon
signs saying "Open," with or without the small frame around the wording, with the Town Attorney who expressed a
certain amount of concern regarding proceeding in this manner. He reported that the concern involved the fact that
telling people what they can write (limiting the wording to "Open") might constitute a First Amendment violation.
He added that during further conversations with Mr. McGuire, he stated that if the ordinance limited the size of the
sign to four square feet or less, containing the wording "Open" only, and that was challenged in court in terms of
First Amendment rights, would the effect be that the court would determine that the four square foot sign could
contain any language the owner of the sign wanted to put on it or would the ordinance be eliminated and neon signs
would, in effect, "go away." He said that Mr. McGuire's opinion was that the law would be invalid and there would
be no neon, so the risk of opening the door to all sorts of neon signs "disappeared."
Councilman Kavanagh commented that based upon the small square footage of the neon signs being recommended
and on the need for businesses to advertise the fact that they were open for business, he would support allowing one
four square feet or less "Open" neon sign per store. He added that if this was challenged by a store owner who
wanted to put other wording on the sign, in addition to the word "Open," that all neon be banned, which was
actually his preference,but he recognized the need for businesses to display their"open" status.
Councilwoman Nicola said that she was neither frightened or offended by neon and asked Staff to clarify the intent
of the third proposed guideline: "Signs shall not be located within 300 linear feet, along the same roadway, as
measured along the public right-of-way line(s), of another sign bearing the same or substantially the same
message."
Ms. Ruhling explained that there were two purposes for that statement, first, if the Council decided to allow more
than one A-Frame sign per business, that they would not be allowed to be within 300 feet of each other in order to
provide sufficient spacing and second, to prevent the placement of A-Frame signs directly adjacent to signs for the
same business in order to avoid the appearance of sign "clutter." Mr. Pickering said that the language could be
clarified to reflect this purpose.
Councilman Archambault agreed that the language in that particular guideline should be clarified and added that if
it was the intent of Staff, the language should be revised to read that A-Frame signs could not be located within 300
feet of a business. Ms. Ruhling clarified that the intent was not to have a freestanding sign and then an A-Frame
sign or a wall sign and then an A-Frame sign. She added that a business might be located on the back of the lot,
away from the main road, and the owner would want to locate the A-Frame sign up front for visibility purposes and
said that would be fine. She clarified that the guideline was for businesses that might be located right in back of the
sidewalk and wanted to place the A-Frame sign right outside the sidewalk, directly underneath their wall sign. Ms.
Ruhling also agreed that the language should be clarified to explain this intent.
Vice Mayor Ralphe requested that Staff look into three different components, and said the first one applied both to
A-Frames and directional signs, as in real estate and open houses. She asked that a definition of "professionally
made" be determined. She expressed the opinion that "stenciled letters" were not professional looking. She said
that her other ideas applied strictly to the A-Frame signs and asked whether a duration time for the permit had been
determined, i.e. whether it would be renewed on an annual basis or within some other time period. She advised that
a suggestion was received from a citizen/business owner relative to charging a small fee for the sign permits and
she requested that Staff pursue this possibility as well.
Mr. Pickering addressed the issue of defining the term "professionally made" and indicated Staffs intent to do so.
He said he was not sure whether "renewal" periods were actually discussed but noted that this item as well as the
charging of a fee for sign permits would be actively pursued and recommendations would be forwarded to the
Ly Council for their review.
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Councilman Melendez commented that his goal as a member of the Council was to ultimately eliminate all A-
Frame signs in the Town of Fountain Hills and to move instead to a "monument sign" concept that had been used
very successfully and effectively in other areas. He added that in the meantime he realized the importance of
providing businesses a method of announcing that they were in fact there and open for business. He said in the
long run, the Town Manager should work towards what he believed was a better, more aesthetically pleasing
method of accomplishing this same goal. He also emphasized the importance of enforcement in this area and
directed Staff to move strongly and consistently in this direction as well.
Councilwoman Nicola commended Staff and the public on the time and effort they had put into this issue and
expressed the opinion that the A-Frame signs should remain the same size they are now.
Councilman Kavanagh reiterated his opposition to A-Frame signs and said he believed the purpose was to provide
businesses with additional advertising methods. He added that he agreed increasing the signs by an additional 6
inches was unwarranted and unnecessary and supported the current size if there were to be A-Frames at all. He also
spoke in opposition to granting permits based on the work associated with the process and recommended that illegal
signs be removed and the owners be charged $25.00 fines. He added that the requirement that a notarized letter
from the property owner to allow the sign served no real purpose and should not be put in place. He said that if the
property owners objected to the placement of the A-Frame signs, they would contact the Sheriffs Office and the
sign would be removed. He commented on the fact that 300 linear foot requirement, which included the store sign
itself and not just another A-Frame sign, would basically "push" the A-Frame signs 300 feet away from the store,
which did not make a lot of sense to him. He stated the opinion that the store owners wanted to have the signs close
to their places of business and added that requirement would cause a certain amount of confusion among people
trying to find the business to which the sign was referring.
Additional discussion ensued relative to the fact that the purpose of the A-Frame signs was to direct traffic to stores
that were not necessarily enjoying the benefits of "street frontage" rather than be on site and served as additional
signage; the fact that all businesses in the Town that do not front Shea Boulevard, Palisades Boulevard, Fountain
Hills Boulevard or Saguaro Boulevard (including frontage Road) would be allowed to display one A-Frame sign
isaw with a valid permit; a ban on placing the signs in the right-of-way because of associated liability issues; the
importance of developing strict, appropriate code enforcement regulations and applying them and the fact that
complaints against the signs would be reported to Code Enforcement rather than the Sheriffs Office.
In response to comments from Councilman Melendez, Ms. Ruhling advised that there were two types of real estate
signs associated with this issue, first, the "Open House" directional signs and second, signs directing people to real
estate offices. She said that the signs directing people to an office would be covered under the same regulations
being proposed above. She added that "Open House" directional signs would fall under that separate category.
Councilman Melendez commented on the fact that he had received letters from businesses located south of Shea
that had no identification in place to announce their presence. He discussed the resulting negative impacts on these
businesses and said that although he and the members of the Council could sympathize with their plight, the
ordinances were in place covering this issue and nothing could be done relative to placing signage directly on Shea
Boulevard.
Councilman Archambault commented on the fact that although five signs per business were originally approved,
that number has been changed to three and Staff had recommended that the number be reduced to one.
Vice Mayor Ralphe concurred with statements made by Councilman Melendez relative to the fact that monument
signs were preferable to A-Frame and other types of signs and requested that whatever was adopted now in terms of
signage and permitting be adopted on a "temporary basis" and that effort be expended in the future to pursue some
type of policy that encouraged the use of monument signs. She questioned the time frame it would take to pursue
and possibly implement such a process.
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Tom Ward responded to Vice Mayor Ralphe's comments and said that it took two years to complete the last
monument project (town directional signs). He asked that the Council consider Town directional signs as
monument signs and expressed the opinion that they work better from a "sight" and "construction" standpoint.
Vice Mayor Ralphe amended her suggestion to incorporate Mr. Ward's input relative to Town directional signs
versus monument signs and asked Staff to pursue this issue when and as time and funding permits.
Councilman Archambault concurred with the comments presented by Councilman Melendez and Vice Mayor
Ralphe regarding this matter and urged Staff to determine a method of eliminating A-Frame signs and work
towards the suggestions offered by these two members of the Council. He added that if it took two to three years to
accomplish this goal,that would be fine,but Staff needed to work in this direction.
Councilman Kavanagh said that he too concurred with the previous Councilmembers' remarks and added that the
policy that was being considered at this time should be labeled "temporary" in order to avoid future
"grandfathering" of A-Frame signs.
Discussion ensued relative to sign positioning and distance/clear vision stipulations; Councilwoman Steven's
opinion that the signs did not need to be any larger and that they should also apply to real estate and "Open House"
signs, and the importance of providing assistance to businesses in Town.
Mayor Nichols commented on the fact that 85% of the monies that were generated to manage the Town come from
sales tax and stressed the importance of supporting the Town's businesses and helping them to increase their
revenues. He added that he supported pursuing the monument sign concept as well and phasing such a policy in
when time and money permitted. He agreed that A-Frame signs were too large and should be smaller.
In response to a comments and questions from Council, Mr. McGuire expressed that staff would forward Council
directions to the Planning and Zoning Commission regarding amendments to the Sign Ordinance.
Councilman Melendez stated that he agreed that real estate signs should also conform to the regulations governing
the rest of the signs. Mayor Nichols concurred with this statement as well and said they should be professionally
made. He added, however, that from a "number" standpoint, he thought that real estate businesses needed to have
more than just one sign in place in order to provide adequate directions to people trying to locate homes and offices.
Councilman Kavanagh said that he would be interested in hearing the consensus of the Council that had been
reached so far regarding the various issues that had been discussed.
Mr. Pickering commented that he had made the following notes based on input received from the various members
of the Council:
* Signs to be reduced in size(6"); and
* Monument signs ultimately be the "end result" of this process.
Mr. Pickering added that the above two items represented the only clear-cut issues that received Council consensus
although individuals presented a variety of thoughts and comments.
Councilman Melendez pointed out that the Council had also emphasized the need to develop, implement and
enforce code regulations relative to signage and commented on the fact that the current ordinance was not easily
enforceable and/or clear-cut. Mr. Pickering indicated his intention to pursue this matter as well but said he listed
only those items that a majority of the Council appeared to support. He added that Staff would appreciate more
specific direction relative to each of the issues that had been brought forward by Staff.
In response to comments from Councilwoman Stevens, Mr. Pickering asked whether certain members of the
Council were talking about limiting the number of"Open House" signs to one. Councilwoman Steven said that she
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did not support limiting "Open House" signs to one but believed that they should conform to most of the guidelines
discussed this evening with the exception of the number. She added that their placement should be similar to A-
Frame signs, they should be professionally made, and distance requirements should be the same. She stated the
opinion that the current number, five "Open House" signs, was appropriate and should remain unchanged.
Vice Mayor Ralphe commented that she concurred that the same rules should apply to real estate signs but
disagreed with the number of those signs.
Mr. Pickering indicated that it appeared a consensus of the Council also supported Councilwoman Stevens'
comments as listed above.
Mayor Nichols asked whether any citizens were present who wished to speak at this time.
Lowell Janson, 17324 East Zaharias
Mr. Janson said he was a resident of Fountain Hills and a business owner. He stated that one of the problems
associated with the neon situation was the fact that although the four square foot size was appropriate, the number
of signs allowed should be increased from one to two. He stressed the importance of allowing two "Open" signs,
one in the front and one in the rear in order to enhance visibility and agreed that a permit system would be
appropriate and help control this area. He suggested that the Council consider changing the wording from
"professionally made" as far as the signage to "professionally made appearance" or "appearing professionally
made" since there were many talented, competent people who could make their own attractive signs. Mr. Janson
also agreed that A-Frame signs should be uniformly enforced but expressed the opinion that all businesses,
including Real Estate companies and their"Open House" signs, should be allowed a maximum of three signs.
Vladimir Hulpach
Mr. Hulpach,representing the Chamber of Commerce, said that at a previous meeting he spoke regarding this issue
tolow as well and would not repeat his remarks at this time. He added, however, that on May 1st the Council voted to
continue the ban on neon signs in their entirety within the Town of Fountain Hills. He said that he appreciated the
willingness of the Council to reverse that position and agreed that possibly "two exposures" should be considered.
He also pointed out that if the Council approved the A-Frame signs tonight and directed Staff to pursue the
development of a "monument sign" proposal for the time being, the businesses using those signs would have
anywhere up to three years to use the A-Frames until that policy was finally in place. He added, however, that if it
took the Council three years to decide upon the neon signage ruling, all new businesses in the Town would be
prohibited from putting up any neon signage according to the regulations. He urged the Council to consider this
important issue and support businesses in the Town that now and in the future would rely on the neon signage.
Mayor Nichols commented that he supported neon and strict enforcement of Town codes. He asked Mr. Pickering
what he needed in order to move along on this matter.
Mr. Pickering advised that Staff would present the draft to the members of the Planning and Zoning Commission,
along with changes recommended by the Council and previously discussed, including changing the real estate sign
section,developing tougher enforcement regulations, and developing wording relative to monument signage.
Mayor Nichols also asked that the issue of neon be included as well as a definition for "professionally made" or
"professionally appearing" signs.
Councilman Archambault concurred with Councilman Kavanagh's remarks relative to fees and the fact that such a
policy would generate more work and effort than necessary. He added that the fees should be eliminated and fines
should be put in place and strictly enforced.
f
L
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In response to a question from Councilman Kavanagh relative to whether a Council consensus had been reached on
where signs would be allowed, Mr. Pickering indicated that he needed additional direction from the Council
relative to this issue.
f`, Discussion ensued relative to this issue with Councilwoman Stevens, Mayor Nichols, and Councilwoman Nicola
indicating their support. The Mayor read into the record the first statement of the policy which clarified what the
Council was discussing: "All businesses which do not front Shea Boulevard, Palisades Boulevard, Fountain Hills
Boulevard or Saguaro Boulevard(including frontage road) will be allowed to display A-Frame signs with a valid
permit."
In response to a question from Councilwoman Stevens,Mr. Pickering stated the opinion that the issuance of permits
was an important component of the process and added that Staff recommended the implementation of fees. He
gave a brief overview of the proposed permit process.
Councilwoman Nicola spoke in support of a permit system and stated the opinion that such a system would be
helpful from an enforcement point of view.
In response to a question from Councilman Kavanagh relative to charging a$25 fine for each violation and issuing
a summons when the person came in, thereby eliminating the need to issue permits, Mr. McGuire stated that this
was the process currently in place and it had not worked. Councilman Kavanagh noted that enforcement was
lacking and added that if stringent enforcement took place,the process might be successful.
Mayor Nichols stated the opinion that the reason they were considering amending the Sign Ordinance was that they
did not like the signs that were currently being displayed, they were not professionally made, and were not
consistent. He expressed the opinion that the purpose of the proposed guidelines was to achieve some aesthetically
pleasing consistency and added that he believed the permit process would be helpful in achieving this goal.
Mr. Pickering indicated that Staff had sufficient direction from Council and would proceed with their suggestions.
AGENDA ITEM #8 - CONSIDERATION OF APPROVING AN AMENDMENT TO THE ANNUAL
RURAL METRO AGREEMENT FOR FIRE AND EMERGENCY SERVICES.
Mr. Pickering addressed the Council relative to this agenda item and stated that the contract provided for all fire
suppression, hazardous material incident control, advanced life support and fire prevention, including fire and life
safety in all schools as well as fire code administration, including new construction code compliance. He stated
that Rural Metro had done an excellent job for the community and Staff had recommended approval of the
amendment to the existing Rural Metro Agreement. He noted that the agreement amendment also allowed Fountain
Hills to continue to be connected to Scottsdale's automatic aid system and commented on the positive impacts of
the services received by Fountain Hills as a result of the system.
Mr. Pickering informed the Council that according to monthly reports provided by Rural Metro, service calls
focused on two major areas, snake removals and lockouts, which involved children being locked in cars and their
safe and timely removal and E.M.S. (Emergency Medical Service) calls for emergency service involving the
dispatch of an ambulance. Mr. Pickering discussed costs and said that the cost of the FY 2003-2004 contract was
$2,283,480 or only $7,808 more than the previous fiscal year. He explained that the minimal increase was the
result of a reduction in administrative overhead, which would have no affect on life safety or emergency medical
services. He noted that Staff had not filled the Assistant Chiefs position and eliminated the secretarial position,
resulting in a savings of$105,975.
Mr. Pickering reported that the existing contract allowed the Town to extend the contract for one year commencing
July 1, 2003, through June 30, 2004, and said that due to the possible establishment of a fire district, Rural Metro,
as well as Town Staff, was cautious about extending the contract beyond this point. He added that the contract
might be terminated without cause or for lack of funding with 90 days notice and for cause with a 30-day notice.
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Mr. Pickering stated that the Town would furnish buildings and equipment, and building maintenance for such
things as HVAC, parking and landscaping. He added that Rural Metro would provide utilities, daily maintenance,
telephone service, and perform vehicle maintenance. He noted that Rural Metro would maintain all Town owned
fire and emergency medical apparatus and equipment with the Town paying Rural Metro 10% per item on repairs.
Mr. Pickering stated that he recommended a motion to approve the amendment extending Rural Metro's agreement
and noted that the Town Attorney had reviewed the contract and amendment.
In response to a question from Councilman Archambault, Mr. Pickering explained that the responsibilities
previously carried out by the secretary had been re-distributed to the Fire Chief, two other individuals serving as
Fire Marshals, and any other members of Staff who were in a position to "pitch in " and help out in this time of
need. He added that although a void existed in the absence of filling this position, necessary monies were being
saved and everyone was willing to do what they could to help out until the financial situation improved to the point
where this position might once again be filled. He added that the Assistant Fire Marshal's position had also not
been filled in an effort to curtail costs and said that this might be part of the reason why Rural Metro was amenable
to these changes.
In response to questions from Councilman Archambault relative to "credits," Mr. Pickering explained that there
was some "give and take" in terms of the contract that the Town had with Rural Metro.
Fire Chief Mark Zimmerman addressed the Council relative to this issue and explained that a person had been
moved into the position of Assistant Fire Marshal and the duties had been carried out 40 hours, five days a week.
He added that the firefighter position had been "backfilled" by another firefighter. He noted that a Deputy Fire
Marshal was basically "moved up" to fill that position for the year. He explained that the Assistant Chief/Fire
Marshal was one position, so the same number of personnel were available to respond to fires.
Mr. Pickering noted that the Town of Fountain Hills did not control what Rural Metro paid individuals. He added
that the Town also did not have any control over that particular area in the Sheriffs Department. He stated the
ihow opinion that based on previous experience and knowledge of this area, the Town of Fountain Hills was receiving
extremely cost effective fire service. He explained that Rural Metro had the ability to offset some of their costs
with their ambulance service,which meant the insurance company typically paid the bills. He said that he would be
hesitant to attempt further negotiations with Rural Metro based on the fact that the Town currently received
excellent value for dollars spent.
Councilman Archambault commented on the fact that last year Rural Metro requested a 5% increase in the contract
amount of salaries and benefits from the Town of Fountain Hills. He questioned where in the report it was reflected
that the salaries and benefits were actually paid out. Mr. Pickering responded that that was last year and no
increase was requested for this year. He noted that they were discussing a one-year rather than three-year contract
extension and said that limited negotiation power goes along with such a limited time contract.
Additional discussion ensued relative to the fact that the Town of Fountain Hills did not become involved in Rural
Metro's personnel issues; the addendum, and the fact that it stated that the "Town Manager or his designee" would
meet with the Fire Chief on a quarterly basis to review reports, and discuss performance and Councilwoman
Nicola's suggestion that a report be provided by the Town Manager to the Council in a public forum regarding this
issue; the fact that an annual equipment inventory was carried out; required reports and the importance of enhanced
communication between the Town Manager and the Council relative to various issues (incidents responded to,
average response times, fire loss/potential report, response exceptions, training hours, building and site inspections,
building and site plan reviews and public education activity).
Councilwoman Nicola commented that last fall the Council noted in a report that a significant amount of time was
spent performing plan review,going out to sites to check on residential/commercial sprinklers,etc. She noted that a
permit process was in place through the Building Safety Department whereby someone who wanted to build a
building paid for plan review, but no such process was in place to recuperate any of the monies spent in this
particular area relative to the time that Rural Metro put out. She added that since no dedicated funding existed for
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this area, it might be advantageous for Staff to pursue a process whereby some of the costs could be passed along to
end users.
Councilwoman Nicola also discussed ambulances and noted that last year's contract stated that the Town would
receive a $10,000 credit off the contract for the lease of the ambulance and said that she had not seen the credit
reflected in the paperwork. She asked that she be shown the actual credit as well as documentation reflecting that
Rural Metro paid for the insurance for the ambulance rather than the Town of Fountain Hills.
Mr. Pickering stated that Staff would verify the reduction in the cost of the contract and provide the Council with
that information as well as verification of the insurance.
Councilman Kavanagh noted that many of the questions being posed to the Town Manager at this time should have
been forwarded to him prior to the meeting in order to provide Mr. Pickering an opportunity to research the
information and have the data available. He added that some pre-planning in the future would benefit Mr.
Pickering and provide the Council with accurate,up-to-date responses to their questions.
Additional discussion ensued relative to the importance of prompt response times and the fact that a map of
response time areas referred to in the agreement had not been attached to the documentation; Mr. Pickering's
intention to forward the requested document to the members of the Council; a request from Councilman
Archambault that the Council be provided copies of the Annual Report(due September 1) and Rural Metro's three-
year operational plans as outlined in the agreement and Mr. Pickering stated that he would also look into this matter
and secure and distribute the requested information; a request from Councilman Archambault for the names of the
individuals carrying out the positions of firefighters listed on Page 28 of the agreement under "Appendix E -
Manpower" and the fact that the names/personnel change on a frequent basis; and the fact that the contract differs
from the Sheriffs contract in that Rural Metro was a privately held company and might not release certain
information.
Councilman Archambault stressed the importance of holding Rural Metro to the terms of their contract with the
kiw Town of Fountain Hills. Mr. Pickering responded that the 5% increase requested by Rural Metro, in Staffs
opinion, was reasonable and appropriate. He reiterated his opinion that the Town was receiving excellent, high-
quality service from Rural Metro and cautioned against "over-managing" the contract with Rural Metro,
particularly when the Town was negotiating a limited one-year contract with the provider.
Councilwoman Nicola stated the opinion that the point that Councilman Archambault had attempted to make was
that the Town Manager administratively receive a report from Rural Metro reflecting the levels of experience,
staffing and achievements accomplished by those individuals on a quarterly basis and that the Town Manager pass
that information on to the members of the Council.
Mr. Pickering said that it was possible, according to the current contract, to provide the Council with the
information requested, as outlined by Councilwoman Nicola. He added that he would be happy to provide the
Council with a report relative to how they were doing on a quarterly basis and would do so in the future.
Councilwoman Nicola MOVED to approve the amendment to the annual Rural Metro Agreement for fire and
emergency services and Councilwoman Stevens SECONDED the motion.
Bob Travis, 14218 N. Chinook Plaza
Mr. Travis asked whether the monthly Rural Metro reports were considered public records and Mr. McGuire
responded that some of the information included in the reports, particularly information related to personnel were
not. He added the opinion that the major incident reports that were issued were in fact public record.
Mr. Travis also commented on the 1% sales tax that was initiated by the Council to fund fire service and asked
whether the amount was sufficient to pay for the costs of these critical services and if so, he wanted to know why
Lir reductions this year were being made in services this year. He read a statement into the record as follows:
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"By eliminating the Assistant Fire Chief the citizens will be losing one emergency medical technician and also one
firefighter each day which will have an affect on the life, safety and medical services for major incidents in
Fountain Hills. I am asking the Council to ask Rural Metro Corporation to allow the Town firefighters, at the next
Council meeting, to be able to voice their opinions without worrying about retribution for speaking up. We
constantly read on certain web sites and in the newspaper how our firefighters are always being left out in their
opinions and the old Fire Board didn't listen to them, no one was listening to them, and I think they should be
heard. They had always told the Fire Board in the past that they needed more manpower and vehicles in Fountain
Hills. They requested four personnel for each fire truck to respond on calls to be safe in Fountain Hills. Today the
Town only has two firefighters between 9 and 5 responding on a ladder truck from the fire station south of Shea to
protect that end of Fountain Hills. Remember,four minutes should be the response to the scene to save a life. 1
would also like the Council to get input from retired Fire Chiefs that have also given input in newspaper articles
that live in our community. For the last three years no additional manpower has been added to our growing Town.
The old Fire District was going to add two firefighters every day three years ago before they were taken over. How
do the professionals feel? I believe that by eliminating the Assistant Fire Chief without at least adding a
Firefighter EMT was definitely reducing the services to Fountain Hills' residents. Tonight the Governor of our
State declared a State of Emergency because of the summer's extreme wild fire dangers."
Mayor Nichols informed Mr. Travis that his time was up and thanked him for his input.
Councilman Archambault commented that he would not support the motion. He added that he could approve
spending this much money on fire service but said that he did not believe that the contract was complete, i.e.
Appendix A was missing and the boundary lines might change. He stated that the Town needed to start planning
ahead and that Rural Metro was not helping the Town to accomplish this goal. He noted that he was simply asking
that Rural Metro live up to the terms of the contract and said that he believed the Town should go on a month-to-
month basis with them until the contract was completed and they lived up to the terms of the contract.
In response to a question from Councilman Melendez, Mr. Pickering advised that he would provide the members of
the Council with copies of Appendix A by the next day and added that it could be attached to the contract.
MOTION CARRIED BY MAJORITY VOTE(6 to 1)with Councilman Archambault voting Nay.
(Mayor Nichols declared a brief recess at 8:37 p.m. and the meeting reconvened at 8:45 p.m.)
AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE ANNUAL MARICOPA COUNTY
SHERIFF'S AGREEMENT FOR LAW ENFORCEMENT SERVICES.
Mr. Pickering addressed the Council relative to this agenda item and briefly reviewed a Council report relative to
this issue. He noted that the agreement represented an increase in services from the current level. He pointed out
that when budget cuts took place, the Council reduced the level to a ratio of 2.66 beats and said that this increased
the contract to 3.5 beats due to the reduction in the Marshal forces. He noted that Staff had reviewed the Queen
Creek, Cave Creek,and Carefree agreements to ensure that the Town received the best possible deal.
Mr. Pickering explained that the proposed agreement provided for all law enforcement services including traffic
enforcement, crime prevention, patrol activities, youth education services, court services, neighborhood block
watch coordination, responding to barking dog complaints, handling walk-up window operations, detective
services, transporting prisoners, and call receiving and dispatching. He stated that it was anticipated with the
agreement that traffic enforcement and court case filings would increase due to additional manpower.
Mr. Pickering noted that staffing levels would increase to four deputies per shift, which would increase the Town's
coverage to 1.33 officers per 1,000 residents. He added that Maricopa County would provide all necessary training
as required by the State. He advised that according to monthly reports for the six-month period from November
2002 to April 2003 provided by the Sheriffs office, the four most frequent Fountain Hills calls for service were
Liv alarm calls, welfare checks, suspicious persons, and civil matters. He added that other types of typical calls
included handling traffic accidents,motorist assists, and burglaries.
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Mr. Pickering also outlined associated costs and reported that the cost of the Fiscal Year 2003-04 agreement was
$1,598,388 that covered all law enforcement activity except animal control and property maintenance code
enforcement as compared to the current fiscal year law enforcement budget equaling $2.6 million. He noted that
with the addition of fire service and the defeat of Proposition 400, the reduction in service cost for this activity was
much needed. He reported that both he and the Town Attorney, in order to insure proper insurance coverage and
indemnify the Town, had extensively revised the existing contract. He added that the agreement automatically
renewed if the renewal rate increase is less than 3% and noted that either party, with a 90-day notice, could
terminate the agreement without cause.
Mr. Pickering stated that it was his recommendation that the Council vote to approve the Maricopa County Law
Enforcement Agreement as presented.
Councilman Melendez referred to Page 63 of the Budget, specifically jail and prisoner fees in the amount of
$38,000, and said it was his understanding that the Town no longer used Scottsdale's overnight system and
questioned why this figure was included in the budget. He commented that the Sheriffs Department would be
taking over law enforcement and there was a holding cell for prisoners, and asked why the prisoners could not be
sent directly to the Madison Street facility rather than being sent to Scottsdale. He said that he checked with the
City of Scottsdale's Police Department and found out that the Town only used that system four or five times during
the last year.
Mr. Pickering indicated his intention to research this issue and report his findings. He said he believed that the
amount reflected costs for prisoners'fees(prisoners kept off site)but stated that he would verify the information.
Councilwoman Nicola explained that the reason the Town utilized Scottsdale's facility was that when people were
convicted of first offense DUI's, they were required to spend 24 hours in jail and those fees were in fact collected
from them so the Town did not have to pay this cost.
Additional discussion ensued relative to this issue and Councilman Melendez indicated his preference that the City
Attorney look into whether the Town could circumvent the current system and transport the prisoners to the
Madison Street jail instead.
Captain Scott Penrose,Maricopa County Sheriff's Office
Captain Penrose addressed the Council regarding this issue and said that he wanted to clarify that a large portion of
the $38,000 represented actual booking and housing costs for people who were incarcerated, either picked up on a
warrant or arrested on a domestic violence charge from the Town of Fountain Hills and taken to the Madison Street
facility. He noted that every town and city within Maricopa County paid those fees in order to maintain the jail
system. He said that when someone is "booked" that is different from when they are "sentenced" for a 24 or 48-
hour period into a facility such as the one in Scottsdale. He stated that he believed that decision was made by the
Town Magistrate and suggested that the Town Manager and/or Town Attorney review this issue with the
Magistrate.
Discussion ensued relative to the increase in staffing levels; the fact that one beat represented 720-man hours per
month and 3.5 beats represented 2520 hours; the fact that 29.5 sworn officers were proposed, which worked out to
2880 man hours per month or four beats; and the fact that a Sergeant was on duty at all times supervising the
members of the posse.
In response to a question from Councilman Archambault, Mr. Pickering stated that the Town had heard from the
Justice Department but to date documentation had not been received. He stated that he and the Town Attorney
participated in a conference call with a Justice Department contact last Thursday and were advised that if the Town
sent letters to "withdraw" due to its financial hardship, the Town would not owe any money to the Federal
Government and would not have to adhere to any required level of officers. He said that the letter was sent out and
they were awaiting word back from the Justice Department at this time that they had closed the accounts. He
indicated his intention to keep the Council informed on the status of this issue. He stated that they had been assured
that the accounts would be closed.
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Councilman Archambault asked what would happen if this did not occur and Mr. Pickering said that the budget that
he had proposed that the Council adopt took this into consideration and added that he would not suggest that
anything be changed. He stated that basically they were increasing the contract cost, that was all they were doing,
and said in the worse case scenario, the Town would have to lower the contract cost and then hire more people. He
added that although he did not anticipate this would happen,they did have the ability to do this.
Additional discussion ensued relative to the 35-member posse team and its operations, the possibility of"marking"
the vehicles of all posse members; two-year personnel commitments; the positive benefits of the increased presence
of law enforcement personnel; concerns expressed by Vice Mayor Ralphe relative to the automatic renewal of the
agreement if the cost increase was less than 3% and the Town Attorney's opinion that Clause 3 of the Agreement
provided sufficient protection for the Town in this area; the importance of soliciting citizen input and preparing and
distributing quarterly performance reports to the Council and the need to constantly review, evaluate and hopefully
improve performance in law enforcement operations within the Town of Fountain Hills.
Phil Gaziano
Mr. Gaziano, Chair of LEAP, discussed the organization and purpose of LEAP and its commitment to community
based policing. He stated that this organization had in the past, and would in the future, work with the community
and the Sheriffs Department in order to improve the quality of life and enhance safety for all citizens of Fountain
Hills. He said that since the Town no longer supported community based policing in its present form, the
organization had concerns relative to grants it had received in the past. He discussed cooperative efforts and
achievements that had been accomplished. He also commented on funds received from the public and noted that
they had always been used for the benefit of the entire community. Mr. Gaziano stated that the group attempted to
bring together the various forces and factions in order to resolve problems and added that they looked forward to
working together in a cooperative positive manner in the future.
Councilman Kavanagh noted that budget issues would not affect LEAP in any way, that their efforts were very
much appreciated, and that it was anticipated that the members would continue to carry out the important work they
performed.
Councilwoman Nicola referred a question to the Town Attorney and noted that when they voted on Councilman
Melendez's resolution to make the Sheriffs Office the Town's sole provider of law enforcement, an amendment was
added to that that called for the addition of an Emergency Management Coordinator's position and for the creation
of a Public Safety Commission. She asked why they would want two Commissions looking into police
enforcement issues and questioned whether that was a lawful action and where they should go from here.
Mayor Nichols commented that this issue was not part of the agenda. Discussion ensued relative to this issue and
Councilman Kavanagh said he would like the role of LEAP placed on the agenda of a future meeting for
discussion.
John Turner, 17135 Calaveras
Mr. Turner addressed the Council and questioned whether funding for the Neighborhood Watch Program had been
included in the budget. Mr. Pickering responded that a Sheriffs Deputy would assume that responsibility and it
was part of their proposal. Mr. Pickering stated that he would pursue identifying funds for Neighborhood Watch
signs.
Discussion ensued relative to the importance of this program and assuming a proactive approach in order to provide
neighborhoods the best possible protection; animal control issues, and the fact that Staff anticipated that the Town
would enter into an Intergovernmental Agreement with the County to provide this service (shared officer with
another community).
Councilman Melendez MOVED to approve the annual Maricopa County Sheriffs Agreement for law enforcement
services and Councilman Kavanagh SECONDED the motion. MOTION CARRIED UNANIMOUSLY(7 to 0).
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AGENDA ITEM#10 - CONSIDERATION OF RESOLUTION 2003-37 REGARDING THE DISPOSITION
OF UNNECESSARY LAW ENFORCEMENT EQUIPMENT.
Mr. Pickering addressed the Council regarding this agenda item and stated that Councilwoman Nicola, with the
assistance of the Town Attorney Andrew McGuire, had prepared this proposal whereby the proceeds obtained
through the sale of unnecessary law enforcement equipment(vehicles and other equipment that might be authorized
for sale) would go into a capital reserve account dedicated to provide for future capital needs. He added that this
could mean either a start-up fund, should contracting for law enforcement be problematic in the future, or provide a
police station for the Town's contracted officers should they move to the Town center modules. He noted that the
point was to use the funds for capital police expenditures rather than putting them into the General Fund, as the
monies were not targeted as a revenue source.
Councilwoman Nicola provided additional justification for this proposal and noted that over the last 13 years, the
Town had expended millions of dollars supporting the Marshal's department. She noted that the various sources for
that funding and said that the Town was currently looking into selling 15 vehicles, some still in good condition, and
expressed the opinion that sometime in the future, the Town might have to look at expending capital for police,
such as a town center in the future, a police station, etc. She added the opinion that it was logical that monies that
could be obtained from the sale of this equipment be used to fund projects such as that in the future. She explained
that her point was that the monies were coming from capital expenses and should only be used for capital expenses
in the future(not operating expenses).
In response to a question from Councilman Archambault, Mr. McGuire stated that the proposal contained specific
language pertaining to the fact that funds generated would be set aside for future capital needs and law enforcement
equipment for the Fountain Hills Police Department.
Councilman Archambault MOVED to approve Resolution 2003-37 and Councilman Melendez SECONDED the
motion.
Councilman Melendez stated the opinion that the proposal was a reasonable resolution and added that someday he
believed the Town of Fountain Hills would have its own Police Department and it was wise to set aside some
funding for purposes such as those listed in the report and by Councilwoman Nicola. He said that he would like the
record to reflect that if this did occur and the Town did get its own Police Department, that the name "Marshal"
never be used again and that the name "Police"be the only term that is used.
Councilwoman Stevens asked Mr. Pickering if he had any idea the amount of money that might be generated from
the current sale and he estimated that the amount would be below $50,000. He added that the vehicles would be
inventoried and values would be placed on them.
Phil Gaziano
Mr. Gaziano, spoke on behalf of LEAP, and stated the opinion that if the assets were sold, part of those monies
generated should be used to bridge the gap in the quality of life and standard of living that was going to happen in
Fountain Hills as far as the amount of patrols and police presence on the streets. He spoke in support of increasing
the number of posse members. He stressed the importance of enhanced, not decreased, police presence in Fountain
Hills in order to maintain and enhance safety and the citizens'quality of life.
John Turner
Mr. Turner, representing the Fountain Hills Block Watch Alliance, spoke in support of the resolution and agreed
that the monies should stay in Fountain Hills. He also suggested that fundraisers be planned in the future and the
monies raised as a result of those activities be added to the account that is set up for the purposes outlined.
Robert Wagner
Mr. Wagner, Commander of the Fountain Hills Posse, stated that Sheriff Joe Arpaio had asked the Posse to increase
Le their patrols, which they had done. He reported that they were now patrolling three times a day, not only in
Fountain Hills but in Rio Verde and Tonto Verde as well, and noted that the members were putting in up to 15
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hours a day. He informed the Council that the posse was in desperate need of at least two late-model cars and
radios as well in order to keep up with demands and provide the best possible service. He requested that they be
allowed the opportunity to purchase the cars and radios at a very reasonable cost, and said it would be very much
appreciated. He thanked the Council for considering their request. He noted that even if the Council donated the
cars to the posse, they would still have to spend approximately $1,000 on each vehicle to perform necessary work
and place their logos on them.
Councilman Kavanagh stated that he would like to amend the motion and change the last section.
Councilman Kavanagh MOVED to amend the motion to change the last section, which restricted the usage to the
creation of the Town's own Police Department at some point in the future.
He added that the intent could remain for police only and for capital expenses only, but should be allowed to be
spent sooner so that if the Council or Staff so decided,the monies could be used for more immediate needs.
Councilwoman Stevens SECONDED the motion.
Councilwoman Nicola noted that the intent was to generate "seed" money and indicated that she would not support
the proposed amendment.
Councilman Archambault agreed with Councilwoman Nicola's comment and said that he would like the funds to
remain in place and be increased so that one day they could be used to build a Police Department facility for the
Town.
Councilwoman Stevens spoke in support of the amendment and said that the monies could be used at the current
time and would be used wisely.
Mayor Nichols asked for a vote on the amendment.
Lie
A roll call vote was taken and reflected the following results:
Mayor Nichols Nay
Councilman Kavanagh Aye
Councilwoman Stevens Aye
Councilman Archambault Nay
Vice Mayor Ralphe Nay
Councilwoman Nicola Nay
Councilman Melendez Nay
MOTION FAILED BY MAJORITY VOTE(5 to 2).
The Mayor then asked the Council to vote on the main motion.
A roll call vote was taken and reflected the following results:
Councilwoman Stevens Nay
Councilwoman Nicola Aye
Councilman Melendez Aye
Vice Mayor Ralphe Aye
Mayor Nichols Aye
Councilman Kavanagh Nay
Councilman Archambault Aye
MOTION PASSED BY MAJORITY VOTE(5 TO 2).
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AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2003-27, ADOPTING THE 2003-04
BUDGET.
Mayor Nichols stated that before discussion took place on this item, Councilman Melendez had asked if he could
make a brief comment. Councilman Melendez took the opportunity to correct a statement that had appeared in the
morning newspaper. His statement should have been, "He believed it was the responsibility of both the private
sector and government to support community service organizations". He had offered the courtesy to the reporter
who had agreed that Councilman Melendez could make this statement.
Mr. Pickering reviewed his staff report and discussed the proposed changes to the budget. He said that staff was
"looking for a number" with regard to funding the community groups and once that was in hand, he would make
the appropriate adjustments to the budget.
Councilwoman Stevens stated that if Mr. Pickering were "looking for a number," she would start things out and see
where they wound up. She said that two years ago, the past Council made a commitment to the Boys & Girls Club
for $250,000 and of that, they had given them $70,000 towards their capital projects and re-pledged that
commitment at the beginning of last June. She added that a total of $180,000 was left. She proposed that the
Council grant them $60,000 this year toward that capital improvement and also suggested that she would be
supportive of allocating $60,000 next year and hoped the next Council would support the last $60,000 so that they
could finally honor their commitment. She noted that she would like to start with that, $60,000 for their capital
projects. For Senior Services operating capital and the community theater, she asked that they give Senior Services
$20,000, the Boys & Girls Club operating, $30,000 and the Community Theater, $10,000. She expressed the
opinion that the monies should get them through the first six months and encouraged them, with the help of the
Town, to contact the Fort McDowell Indian Community to see if they could get some additional funds from Prop.
202. She asked Mr. Pickering if he needed this in the form of a motion and Mr. Pickering indicated that that would
be very helpful.
Councilwoman Stevens MOVED that they allocate capital for the Boys & Girls Club in the amount of$60,000;
$20,000 for the Senior Services; $30,000 for the Boys &Girls Club operating costs and$10,000 for the Community
Theater. She noted that the Town provided facilities to the Seniors (valued at $55,000 per year) and the
Community Theater(valued at$83,000).
Mayor Nichols stated that the MOTION FAILED for lack of a second.
The Mayor then asked for another proposal.
Councilman Melendez discussed a two-hour meeting the Council attended with members of Parks and Recreation
and said he came out of that meeting with some new ideas. He stated that he wanted to share one of them that
would be part of his motion that he felt the vitality of the downtown needed to be re-energized. He noted that one
of the budgeted items for the 04-05 budget was a center, similar to an amphitheater, where concerts could be held
which would allow people to come into Fountain Hills, buy food at the restaurants, and shop at the stores. He said
that was something he took out of last night's meeting and made the following motion:
Councilman Melendez MOVED to support the Fountain Hills community groups as follows: The Boys & Girls
Club, $130,000, Senior Services $40,000, the community theater $15,000, tourism $12,000 and the Girl Scouts &
miscellaneous $10,000, for a total of$207,000 and that this amount be moved over from the Parks & Recreation's
budget request for three picnic ramadas. He added that the second part of the motion was that the Parks &
Recreation budget be revised to reflect the installation of one ramada this fiscal year and that the performance pad
be made available this year with a budget request of$183,558 to be moved from the 2004-05 budget to this year's
budget of 2003-04. He added that the funding for the Parks and Recreation issues be moved over from impact fees
and that$100,000 from the General Fund budget that had been saved also be used for these purposes.
car Councilman Kavanagh requested that they just deal with the community groups first and Councilman Melendez
agreed. Following a brief clarification, Councilman Kavanagh SECONDED THE MOTION.
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Councilman Archambault asked where the monies would come from ($207,000). Councilman Melendez referred
him to Page 1 of the Parks and Recreation budget and the monies set aside for the three small picnic ramadas in the
amount of$209,000. Mr. Pickering responded to Councilman Kavanagh's comments reiterating that Staff was just
looking for a number at this time and he would prefer make the adjustments necessary. He stated the opinion that
klay he could get close to that figure. Mr. Pickering also commented on the tourism issue and said he had met with the
Indian Community. They had asked that the Town submit a proposal for tourism. He said he felt comfortable that
there was a strong possibility that there would be tourism funding. He said the one thing he would ask was that if
Prop. 202 funding was provided within a reasonable time, the beginning of the year, that these dollars not also be
provided by the Town in order to avoid duplication of funding.
Councilman Kavanagh asked if they needed a new motion and Mr. Pickering said he thought the Council would
need to amend it to include the wording about Prop. 202.
Councilman Kavanagh said he would amend the motion but the Mayor commented that first he had to recognize
Councilwoman Nicola.
Councilwoman Nicola said she would like to make an amendment if she could where Councilman Melendez had
stipulated$10,000 for the miscellaneous expenses.
Councilwoman Nicola MOVED that Staff be directed to take advantage of the LTAF funds, which could double
the$10,000 amount referred to by Councilman Melendez. She explained that it would take the $10,000 away from
the Street Department but noted that State Statute provided the monies for matching funds so therefore they could
match the grant and double the benefits to the groups. She asked the Council to consider an amendment that they
put forth those LTAF funds as they had in the past.
The Mayor asked if they had a second to the amendment.
Mr. Pickering said he wanted to comment on the amendment. He said it was not his intent to dissuade the Council,
Ly but there were a large number of street repairs that were going to be needed. He stressed the importance of keeping
money available to complete the needed repairs. He said they weren't talking a lot of money,perhaps $8,000 or so,
but said they needed even more money in the Street Department budget (not less) and he would not recommend
taking any money out of that budget.
Councilwoman Nicola clarified that the money (accounting had thought the amount of LTAF funds would be
approximately $10,000) would come out of the Street Department budget because legally it had to, but it would be
replaced. It would allow those smaller groups, the Boy Scouts, the Girl Scouts, etc. that had utilized those
programs in the past to obtain those small grants and match them themselves and then they would be able to do
more with the added funds. She noted that the Town Manager could move the figures around. Councilwoman
Nicola requested that the Council offer these groups this benefit. Mr. Pickering reiterated that he was not trying to
dissuade the Council but he didn't feel comfortable not having any of that research in front of him.
The Mayor stated that he had a motion and asked if there was a second to the motion.
Councilman Kavanagh asked if the motion was contingent upon whether the suggestion could be legally
accomplished. Mr. Pickering clarified his concerns. He wanted confirmation that proceeding in that manner was
the smart thing to do. He said he didn't know if it was based on possibly getting grants and questioned whether the
monies would be put back into the Street Department's budget. He noted that answers would have to be researched.
Councilman Kavanagh stated that what Councilwoman Nicola was essentially saying was they should take the
$10,000 in this motion that was going to go in the General Fund and instead add it to the street funds so that they
could then double it through LTAF funds. He added that they would not cut the Street Department's budget, but
rather would "pump" the $10 grand into the street department so the funds could double. He questioned whether
kow his clarification was correct and Councilwoman Nicola stated that it was.
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Mr. Pickering stated he was unfamiliar with this program and reiterated that he still did not feel comfortable with
proceeding in this manner.
The Mayor said he had a motion on the floor and he was asking for a second. He requested that the Council hold
Lor off on further discussion until he had a second or the motion died. Councilman Kavanagh again asked if the
amendment was contingent on if it was possible to do what Councilwoman Nicola suggested. Councilwoman
Nicola said yes. It was possible to do. Councilman Kavanagh SECONDED THE MOTION.
Councilman Archambault asked if they were talking about adding $10,000 to the street fund to get a matching
grant. Councilwoman Nicola said no. She expressed that the lottery was complicated and provided a brief
explanation as to how the funds were allocated and distributed and their uses. She said the Town had done a lot of
good things in the past with the funds and although they required some administrative work, they were worth it.
She requested that if Councilman Melendez's motion passed, that in consideration of him offering up this $10,000
to the smaller groups,that they use this vehicle to allow the various groups to maximize it to their own benefit.
Councilman Kavanagh said he thought they were going to bring it to LTAF and the government was going to match
the amount and distribute the$20,000. He said he didn't remember that the groups had to match the money.
Mr. Pickering questioned where the Town would get the extra money. Mayor Nichols said it was part of the
motion,part of the $207,000. The Mayor said they had an amendment that had been seconded and called for a vote
on the amendment.
A roll call vote was taken with the following results:
Councilman Melendez Aye
Councilman Stevens Nay
Vice Mayor Ralphe Nay
Councilman Archambault Nay
Councilman Kavanagh Aye
Councilwoman Nicola Aye
Mayor Nichols Aye
The amendment passed BY MAJORITY VOTE(4 to 3). Discussion resumed on the main motion.
Councilwoman Stevens commented that she had meant to "take the Tourism Council in the next bite" and hadn't
meant to eliminate them. She said this was tough but they were doing it this year, they did it a little bit last year,
and did it "big time" the year before. She asked what the long-term plan was for paying for the community benefit
groups and did the Town intend to continually support them. She stated the opinion that Town's budget would not
support that. She acknowledged that the voters had said the Town had to stretch the money and that the Town had
made commitments that needed to be honored. She acknowledged there were a numerous groups in the community
that would like money. She felt the Town should support Town departmental programs and noted there was only
so much that the Town could do. The Town needed to start saving and watching the bottom line. She felt a policy
was needed with regard to funding community groups. Councilman Melendez encouraged community groups to
continue to reach out to organizations and foundations for funding. He agreed that the Town needed to develop a
system that would bring Fountain Hills back into fiscal strength. He discussed the possibility Prop. 202 funding.
He relayed a conversation he had held with Sheriff Arpaio. The result of that conversation was that Sheriff Arpaio
was committed to helping Fountain Hills with the Prop. 202 funding process. Sheriff Arpaio had requested
assistance from the Town Manager to arrange a meeting with the Indian Nation and appropriate council members.
He suggested that the Town continue to put pressure on Sheriff Arpaio for his assistance.
Mayor Nichols agreed with Councilwoman Stevens that the Town's funds needed to be conserved and that the
Town needed to identify separate long-term consistent funding sources for the community benefits. He felt that the
funding source had been identified but it would take between six and twelve months for the process to be complete.
He acknowledged he had a meeting in July with the Fort McDowell tribe and he was working on setting something
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up with the Pima tribe. He felt the current motion was an interim action and did not see this coming back in the
future due to this outside funding source. He supported this motion and pointed out that the Town did not
completely support these community groups, only a portion.
,,, Councilman Archambault said that he was still not convinced where the monies were coming from and if the
motion was that when they receive the Prop. 202 funds, that they be distributed to these groups, he could support
that, but added that that was not what he was hearing. He said he believed he was hearing that they were going to
pull monies from development funds to fund maybe one ramada or maybe none at all. He added that the point was
they were there to represent all of the citizens and everyone contributed to the overall quality of the town. He said
he agreed with Councilwoman Stevens and added that "being the boss" meant you can't always say the nice
pleasant things that people want to hear. He emphasized the importance of making sure that the ship they were
steering went in the direction it needed to go. He commented on staff cuts that were made in response to what the
citizen had asked the Council to do. He stated that the Town could not continue to keep funding these kinds of
items, important as they were, during tight budget years like this. He commented on the fact that employees were
working harder and putting in longer hours and overtime because of the budget cuts. He had come to this meeting
expecting to see that money had been saved and money could be given out because of the savings. He agreed the
Prop. 202 funds needed to be looked at for a future funding source. He was still confused as there had been any cut
answer given on where the money was coming from.
The Mayor said that this represented an interim measure and he supported the motion. He also commented on the
monies that had been saved ($100,000 in the Rural Metro contract, savings in the law enforcement area, a
difference of approximately $45,000), etc. He said he was sure they would be able to identify another $50,000 if
they looked closely enough and the monies would not affect the budget or the balance forward ($500,000).
Councilman Archambault asked for confirmation.
Mr. Pickering stated that the Mayor was correct but said he had asked for two things on the motion: One, not to
clarify where the monies would come from (from the ramadas, from here to put there) because he intended to
perform research and determine where the monies could come from. He said he also requested that an amendment
be added to the motion relative to Prop. 202 and the fact that if Prop. 202 funding was received by January 1, 2004,
that the Town not provide any funding.
Councilwoman Nicola said her understanding was that all of the Prop. 202 funds would go through the Town
anyway and that the Indian Communities were not going to directly distribute grant monies for items such as
tourism, it all had to go through the Council. Mr. Pickering said that this was correct and added that his point was
simply that he didn't want the groups to get"overfunded"with monies from Prop. 202 and the Town as well.
Councilman Kavanagh agreed that the voters did send a message to reduce spending and the Town had done so,
with the leanest budget in place now that he had seen in a long time. He spoke in strong regard for the work the
various community groups carried out in and for the Town of Fountain Hills and the benefits that the Town
received. He added that he did not believe that the voters said "no youth center and no more goodies for the
seniors." He expressed confidence in the Town Manager's ability to identify funds to accomplish everyone's goals.
Vice Mayor Ralphe said that she supported the motion for the$207,000 as an interim measure. She added that as a
basic philosophy, she thought that government and taxpayer dollars ought to be focused strongly on basic
government services such as police, fire, streets, etc. But said in addition to that, the Town had community groups
that really enhanced the Town's quality of life and performed an excellent job. She discussed the importance of
developing a long-term policy governing this issue and commented on the possibility of using impact fees for
capital projects and improvements. She said she supported the motion but, as an interim measure and wanted staff
to work toward the development of a permanent policy.
Additional discussion ensued relative to Mr. Pickering's requests and he reiterated his request for an amendment to
the motion to read that funding would be provided by the Town if Prop. 202 funds were not received by January 1,
(06, 2004.
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Councilman Kavanagh asked Mr. McGuire if the Town were to begin to dispense the funds on a proportionate
basis, and if for example one third of those funds were dispensed and then Prop. 202 monies came forward, could
the grant funding be structured in such a way that the funds would then be funded to the groups and the Town could
receive credit for what they had already given the groups.
Mr. McGuire said they could not answer questions like that because they didn't really know what 202 was going to
do.
Councilman Kavanagh suggested that the motion be amended to state that the Town would expect reimbursement
of any Town funds distributed to the groups prior to the disbursement of Prop. 202 funds once Prop. 202 monies
had been received.
The Mayor said that he would like the Council to vote on the main motion originally offered by Councilman
Melendez. He asked if anyone would like to make an amendment to the original motion.
Councilman Archambault MOVED that the Town not distribute any monies until it could be determined whether
the Town would receive Prop. 202 funds, no later than January 1s`. The Mayor announced that the amendment
FAILED FOR LACK OF A SECOND.
At this point in the meeting, the Mayor allowed speakers from the audience to present their comments (John
O'Flynn, Senior Services; Rich Schultz, Boys & Girls Club; and Roxanne Boryczki, Tourism Council). They
reiterated the need for their funding requests for their various organizations. Mr. Keye, Agate Knoll, also spoke
and asked for an accounting of where the funds would come from.
In response to a question from Councilman Archambault relative to whether the Town Manager could "find"
$207,000, Mr. Pickering noted that $160,000 had already been identified and he would have to go through the
budget closely to locate additional funding areas. He clarified that there was no excess "fluff" included in the
budget. He said his goal was not to utilize the impact fees.
Additional discussion ensued relative to "locating" the funds and the fact that development fees were not "off
limits"and may in fact have to be used.
Councilwoman Stevens noted that in his staff report, the Town Manager had indicated that funding from the Fire
Department as well as the elimination of$87,000 for the Emergency Manager Coordinator's position might have to
be used to fund the items. She expressed concerns regarding this and said that she was not willing to eliminate the
$87,000 from the law enforcement budget.
Councilwoman Nicola concurred with Councilwoman Stevens' comments and said that the position was an
extremely important one. She added that it was not designated "officially" because the law enforcement budget was
still somewhat fluid,but she anticipated that the position would be funded and filled this year. She said that that the
Town had over-anticipated revenues and under-anticipated expenses and should avoid duplicating that mistake.
She stated the opinion that the Council should stop talking about Proposition 202 monies until they knew exactly
what it was they were talking about.
Councilman Kavanagh stated that regardless of where the Town Manager "searched" for the funds, the bottom line
was that development fees would have to be spent. He reiterated the opinion that no real problem existed in
locating the necessary funding
Vice Mayor Ralphe questioned whether there was $40,000 that the Council had not been taking into consideration
and noted that at one time the administration budget contained monies for an undesignated staff person. She said it
was now her understanding that this was no longer true and that the funds were no longer in there and requested
confirmation of this fact from the Town Manager. She added that beyond that, in that line item, $15,000 had been
transferred into the Downtown Economic Development area. She stated that the Town Manager had advised her
today that there was still $40,000 in that line item for the undesignated person that was not going to be hired and
asked the Town Manager whether those funds could be shifted over and used.
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Mr. Pickering stated that approximately half of those funds had already been spent on administrative costs for
animal control operations. He reiterated his intention, once the Council had provided him with a final number, to
very closely go through the entire budget and identify funding from all areas that could be used for the purposes
outlined by the members of the Council. He emphasized that he would try and stay away from the development fees
because of his strong belief that they should not be used.
Mayor Nichols commented that although the Town Manager might not support using development fees, they might
have to be used to achieve the stated goals. He stated that was the call of the Council and not the Town Manager.
He stressed the importance of utilizing those funds in order to avoid having to give them back to the developers. He
added that the time might be appropriate, in view of the Town's extremely tight budget, to utilize some of those
funds.
Councilman Melendez said that he was comfortable at the beginning of the meeting when he made his motion and
was even more comfortable now that amendments were being considered and accepted. He called for the question.
The Town Clerk to restated the motion at the request of the Mayor.
Councilwoman Nicola asked whether there was going to be any designation with the $130,000 as far as operating
versus capital and stated the opinion that it might be prudent to put something in about that so the funds did not all
go to operating or all to capital costs. Mr. Pickering advised that$80,000 had been designated for capital costs and
$50,000 for operating costs.
Councilman Archambault asked whether he had heard correctly that the Town Manager did not intend to cut any
staff members and discussion occurred relative to the fact that the question had been called by Councilman
Melendez. Mr. McGuire called a point of order noting that a call for the question to limit debate required a 3/a vote
of the Council.
The Mayor asked all those in favor of calling the question to do so by saying Aye. A 3/4 majority was not achieved.
Councilman Archambault commented that he would like assurance from the Town Manager that staff positions,
including the Safety Director, would not be eliminated in order to achieve funding goals.
Mr. Pickering responded that he could not provide the Council with such an assurance since part of the funds that
were being considered would come from the Police Department and those changes. He added that if a majority of
the Council wanted development fees to be used instead, he would be happy to follow that direction and initiate
whatever action they directed him to take. He asked that the direction be put in the form of a motion and added that
then there would be no question about where the monies would come from.
Councilman Melendez said that with all due respect to the Town Manager, he thought he and other members of the
Council had made it very clear that they could use impact fees and said he did not understand why Mr. Pickering
was opposed to using those fees to support some of the funding proposals.
Mr. Pickering responded that he would carry out whatever direction the majority of the Council wished.
Mayor Nichols MOVED that Staff be directed to identify monies for the purposes stated for the community service
groups without affecting staff levels contained in the budget, possibly using impact fees if necessary, and that the
position of the Emergency Manager Coordinator,contained in the resolution,be retained as well.
Councilwoman Nicola SECONDED the amendment and a member requested that the question be called.
The Council voted UNANIMOUSLY in support of calling the question.
A roll call vote on the amendment was taken with the following results:
Councilwoman Nicola Aye
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Councilman Archambault Aye
Councilman Kavanagh Aye
Councilwoman Stevens Nay
Mayor Nichols Aye
Councilman Melendez Aye
Vice Mayor Ralphe Nay
The motion CARRIED BY MAJORITY VOTE (5 to 2) with Councilwoman Stevens and Vice Mayor Ralphe
voting Nay.
Mayor Nichols stated that the Council should now vote on the main motion.
MOTION CARRIED BY MAJORITY VOTE(6 to 1) with Councilwoman Stevens casting the Nay vote.
Mayor Nichols then requested that the Council vote on Resolution 2003-27, adopting the 2003-04 Budget.
Councilman Nicola MOVED to approve Resolution 2003-27, adopting the 2003-04 Budget and Councilman
Archambault SECONDED the motion. MOTION CARRIED UNANIMOUSLY(7 to 0).
AGENDA ITEM #12 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY
PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR
FUTURE MEETINGS.
Councilwoman Nicola MOVED that this agenda item be continued to a future meeting.
Councilman Kavanagh stated that he would like to take this opportunity to offer suggestions for future agenda
items. He recommended that at the next meeting or the one following that meeting, the Council discuss the future
of citizen input on law enforcement issues specifically the role of LEAP.
Councilwoman Nicola suggested that the issue be addressed at a Work Study Session and Councilman Archambault
said that forum would work as well.
Mayor Nichols stated that he had a motion on the floor to continue Agenda Item#12 and asked whether there was a
second to that motion.
Councilwoman Stevens SECONDED the motion. MOTION CARRIED BY MAJORITY VOTE (6 to 1) with
Councilman Archambault voting Nay.
AGENDA ITEM#13- CALL TO THE PUBLIC:
Lyle Aklestad, 17219 Wren
Mr. Aklestad requested clarification from the Council on an issue and explained that on May 1, 2003, he applied for
a Special Use Permit on his property and his request was denied by the Council with a vote of 4 to 3. He stated that
since that time he had spoken with the previous Mayor and several Councilmembers and indicated his willingness
to purchase 12 feet of land in order to help achieve approval to expand his garage. He reported that the previous
Mayor turned the issue over to Randy Harrel to review, a letter was sent to the Council with a copy to the Town
Manager and Town Attorney regarding the matter, and at that point, the issue was dropped. He said he had called
and spoken with several members of the Council and the Town Manager who indicated that the matter was
basically "in hands." He commented that he was not trying to "pester" the Council or staff but believed that his
request and his situation should be dealt with in a courteous, professional manner and requested that he receive a
response to his proposal to purchase the land.
Le Mayor Nichols indicated that the issue would be looked into and Staff would contact Mr. Aklestad within a
reasonable amount of time.
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AGENDA ITEM#14- SUMMARY OF COUNCIL REQUESTS REVIEWED BY THE TOWN MANAGER.
Mr. Pickering indicated his intention to E-Mail the Council a list of requests that were provided during the meeting.
The Council concurred with this arrangement.
Ik
AGENDA ITEM#15-ADJOURNMENT
Councilman Archambault MOVED that the Council adjourn and Councilwoman Nicola SECONDED the motion,
which CARRIED UNANIMOUSLY. The meeting adjourned at 11:07 p.m.
TOWN OF OUN IN HILLS
By:
a y N. ols, ayor
ATTEST AND
PREPARED BY:
Bevelyn J. B `d Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held b
the Town Council of Fountain Hills on the 19th day of June 2003. I further certify that the meeting was duly called
and that a quorum was present.
DATED this 1st day of July 2003.
*/L'AMYri
Bevelyn J. Bengr,town Lierk
L
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