HomeMy WebLinkAbout2003.1009.TCWSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK-STUDY SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
[ OCTOBER 9,2003
Mayor Wally Nichols convened the work-study session at approximately 5:30 p.m.
ROLL CALL — Present for the roll call were the following members of the Fountain Hills Town Council:
Mayor Wally Nichols; Vice Mayor Rick Melendez; Councilmembers Michael Archambault, John Kavanagh,
Kathleen Nicola, Susan Ralphe, and Leesa Stevens. Also present were Tim Pickering, Town Manager; Andrew
McGuire,Town Attorney; and Bev Bender,Town Clerk.
Mayor Nichols introduced Captain John Kleinheinz, in charge of the law enforcement program in Fountain
Hills,beginning October 9,2003.
The Mayor announced that the intention of the work-study session was to discuss the Public Safety
Commission. Direction had been given to staff to develop a proposal, taking into consideration the items
discussed at the previous meeting.
Vice Mayor Melendez introduced Deputy Chief Larry Black.
Mayor Nichols then indicated that Town Manager Pickering had provided the Council with background
information and a proposed resolution in regard to the Public Safety Commission. He asked that Mr. Pickering
review that proposed resolution.
Town Manager Pickering noted that staff had crafted a draft ordinance that reflected the ideas of the Council.He
indicated that the Sheriff's Department had volunteered to do additional research in this regard, and that
research was received from several areas with public safety commissions, i.e., Dallas, Iowa City, Baltimore, etc.
iipe The Los Angeles County Sheriff's Department, however,proved to be the most helpful, as that department had a
Community Advisory Committee. Mr. Pickering noted that staff had previously provided input from three
communities in Arizona that had this type of Committee. There were two main factors that would contribute to
the success of this Committee: (1) who should serve on the Board, and (2) what would be their specific
responsibilities? Staff tried to address both issues in the draft resolution.
Regarding who should serve on the Board, Mr. Pickering noted that staff had been very specific about the types
of qualifications they wished to recruit, such as placing two members with law enforcement service background,
two members with fire and emergency medical service background, and one member with emergency
management services background. Specific duties and responsibilities were listed in Sections 6 through 9 of the
draft resolution.
Mr. Pickering reviewed the Council's request for discussion on the emergency management and emergency
management position/public safety position. The proposed job description had been included in the Town's
budget for Council review. Councilmembers Ralphe and Archambault had been consulted regarding a Fountain
Hills' individual with background in emergency management who provided additional background.
Mr. Pickering introduced Tim Newbill, the County representative for emergency management. He stated that
Mr. Newbill had put together the draft emergency management plan that would be distributed to the Council for
their consideration at their next meeting. He acknowledged that Mr. Newbill was present to answer any
questions.
Councilwoman Stevens thanked Mr. Pickering for the information but noted that she disagreed with the
direction staff had taken. She noted that at the previous meeting discussion was not allowed on the additional
person to be hired, but she indicated that discussion was key to the Commission. The basic premise of the
Commission as stated in the proposed resolution was not the direction she wished to pursue. She had in mind a
community minded group and not anyone who would make recommendations to the department, but would
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make recommendations to the Council. She supplemented that she was not interested in fostering better
communication between the Commission and the departments. She was looking for a Community group who
would be interested in all aspects of public safety and not necessarily only law enforcement or fire service. She
referred to the Emergency Management Coordinator position job description stating that she saw the position as
the Commission's staff person — which would include emergency management duties but that would also
include public safety coordination with law enforcement and fire service. This individual would ensure that the
law enforcement and fire service agencies were living up to their contracts, and would aid in negotiating the
contracts. Councilwoman Stevens stated that she did not see the Commission working on department issues.
Stevens felt that the information provided by Mr. Pickering was off track. She was looking for this group to
work on community issues and not fire truck routes or law enforcement ticket quotas.
Mr. Pickering responded that the Town Council would have to make a decision as to whether or not the
Commission would be involved in traffic issues. He noted that the issues brought up by Councilwoman Stevens
were of a different scope. He asked if the Council wished to go that direction, as that was not his understanding
from the previous meeting. He proposed to include that information if the Council wished stating that it would
then change the scope of the ordinance. Mayor Nichols noted the importance of a work-study session to flush
out that type of issue prior to finalization.
Councilwoman Ralphe continued that as far as the draft resolution was concerned, members of the Public Safety
Commission were to be appointed by the Town Council. The resolution indicated that the Commission would
issue an annual report to the Town Council in July. They would also be reporting to the departments'
commanders, i.e., Sheriff's or Rural Metro's commanders. It was further noted that the Commission would be
appointed by the Council but not responsive to the Council - appointed by the Council but working with and
almost for Rural Metro and the Sheriffs Department. Councilwoman Ralphe expressed concern with the
structure of the proposed resolution.
Councilwoman Nicola agreed with Councilwoman Stevens's assessment of structure, but she did not necessarily
agree with the traffic-related issues. Councilwoman Nicola agreed with Town Manager Pickering, noting that
there was a more appropriate forum for that. She noted that the Public Safety Commission was not to be a
Complaint Department. She also was concerned that the Public Safety Commission was not working directly
with the Town Manager or the Council according to the resolution. Councilwoman Nicola also noted that this
Commission could provide assistance and guidance with the formation of a Community Emergency Response
Team formation. She suggested that the Commission should report to the Council on a more frequent basis than
annually, as well as definitely work with the Public Safety Coordinator or Director whichever was put into
place.
Councilwoman Nicola also noted a typographical error in Section 1 of the proposed resolution stating that it
should read, "That the PSC is hereby formed and shall consist of five Town residents, one Fire Department
designee and one Law Enforcement designee (not Department)." She questioned if the Council wanted Section
2(a)(1)to apply to the law enforcement and fire designees,noting that not a significant number of Fountain Hills
law enforcement and police personnel resided in Fountain Hills thereby it would reduce the number of available
candidates. She suggested that the citizen members be required to be residents of the Town.
Regarding the Emergency Management Coordinator, Councilman Kavanagh shared concerns regarding routine
police work and out-of-the-ordinary disaster occurrences. He noted that he was not opposed to an Emergency
Management Coordinator in Town, but that when actual emergencies occurred, people reacted in chaos,
dismissing half the original plan. He suggested that groups should work on improved response by working on
non-emergency aspects of emergency response in terms of everyday cooperation between law enforcement,
police, and fire. His concern was that after the emergency plan was formulated and polished, all that would be
required of the Emergency Management Coordinator would be to run a drill quarterly. A full-time coordinator
may not be necessary. He had noticed the interjection of non-emergency tasks in the overall list of duties, but
noted that they appeared to be afterthoughts. He stated that he would like to see more focus on daily police and
fire operations for the Emergency Management Coordinator, i.e., budgeting, administration, and delivery of
services.
Mayor Nichols agreed with the concerns voiced by the council members and indicated that this job description
"did not look like a fulltime job on an ongoing basis". It might be a fulltime job at the beginning to set up the
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structure for emergency preparedness, but after that was done, the job content looked too light for fulltime. Even
though it was noted that the individual would assist in negotiating contracts, it was more a "tack on" at the end
of the job description. He felt that in order for the position to be a fulltime job, it would have to be broadened to
cover public safety as opposed to only emergency. He also noted that after reviewing Los Angeles' materials
dealing primarily with the Community Action Committee (CAC), that the Council should discuss both the
CACs and the Public Safety Committees. The Public Safety Committee was what the Council would be working
with, not the CAC. Los Angeles' materials showed the Public Safety Committee's purpose to be "advise the
municipality on ways in which it could enhance the safety of its residents". That would be the purpose of the
Public Safety Committee as opposed to what was outlined in the LA material CACs. Mayor Nichols felt that the
Public Safety Committee should be an advisory committee reporting through the Town Manager to the Town
Council,not directly interfacing with department heads.
Vice Mayor Melendez recommended that the Council address one issue at a time, not move back and forth
between Emergency Coordinator and Public Safety Commission. He asked that the Council first deal with the
Public Safety Commission and complete that before moving on to the next issue.
Vice Mayor Melendez noted that, in his opinion, public safety should include the issue of water quality. He
noted that LEAP's co-founders came from the community-policing concept that was funded through former
President Clinton's work-in-progress with respect to law enforcement. He stated his belief that this proposed
Commission would be a combination of LEAP plus other factors. He reminded the Council that the Town of
Fountain Hills had a Traffic Standards Committee (of which he was at one time a member) that was a separate
group. Vice Mayor Melendez's bottom line was that the Public Safety Commission, if necessary, should be an
upgrade of what LEAP was—formed from citizens, some of which do and do not have fire and law enforcement
experience,but who would tend to citizens' needs. He noted that the Commission should not be a policy-making
entity but should be a standing Commission.
Councilman Archambault asked if the Council had come to the conclusion that Section 2, (b), (c), and (d)of the
proposed resolution were to be eliminated. He had understood that the Council wanted to appoint the citizens
serving on this Commission. He liked the idea and noted that it would be helpful to have an experienced Fire or
Sheriff's Department representative available on the Commission as a non-voting member as someone with
whom to bounce ideas.
Councilwoman Stevens proposed that the seven-member commission be entirely composed of community
members. She saw the fire service and law enforcement as "staff'— who would plan to attend meetings and be
available to answer questions. Councilwoman Stevens felt that the head person would coordinate what staff
members would be needed for meetings. It was her opinion that the Public Safety Commission should be open
to anyone in the community who was interested,not specifically experts. Each member should be able to receive
knowledge to make informed decisions
Councilwoman Stevens also noted that she felt the Public Safety Commission should make recommendations to
the Council for improvements to the community. It was her opinion that the commission should be wide enough
that they could be asked for their opinion and recommendation on community matters. Traffic would be part of
this subject,but not all of it.
Councilman Archambault added his agreement that more than an annual report be received. He suggested that
the Council receive the minutes of this Commission's meetings and that their meetings be televised for those
unable to attend just as was done with the other Commissions. Councilwoman Stevens and Mayor Nichols
stated that Commission meetings were not televised. Councilman Archambault stated that the Public Safety
Director should dictate when the Commission meets and publicize that meeting. The Director would then report
back to the Council with the Commission's recommendations, i.e., location of new fire station. He was of the
opinion that the Council should appoint the Commission members.
Vice Mayor Melendez requested that the Council refrain from creating another level of government. He felt that
seven members were too many, as the larger the Commission, the less strength it would hold. He also stated that
although many different walks of life should be represented on the Commission, the quality of the individual
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serving on the Commission would be the key; individuals' experience would be more important for representing
the community.
Mayor Nichols agreed with the concept of a seven-member committee. He felt that the charge of the
Commission was to enable the Council to make proper decisions on public safety issues. He did not want two Nair
members from law enforcement or two from fire, but he did want one from each of those departments and felt
that the remainder should be members-at-large. He also noted that oftentimes the number of members on a
committee is reduced by attrition; thus, seven members would not be too many.
Councilman Kavanagh noted that the discussion was slipping from a work-study session into the form of a
Council meeting. All agreed that the workshop was for an exchange of information between Council and staff,
but Councilman Kavanagh pointed out that specific requirements for membership on the Commission were
being discussed, and that issue should be done in an open meeting.
One of Councilman Kavanagh's concerns included politics. He stated that he was a defender of LEAP and had
been originally opposed to a Public Safety Commission. He noted his disappointment in LEAP in the last four to
six weeks, i.e.,misrepresentation of its position and misleading/inflammatory articles by a LEAP member in the
newspaper that had created confusion in the Town. He was concerned about the Commission dealing with
political issues and asked that staff get back to the Council on what could be done to minimize that. He also
suggested that the Council consider the exact format of the Commission, i.e., consideration of two committees -
one committee to provide citizen input, and the other to provide technical advice. Councilman Kavanagh felt
that a public input committee should be ordinary citizens,but an advice-giving committee, i.e., specific locations
for buildings, how many people on fire trucks, and the number of patrols needed, should be obtained from
someone with the proper background. He was thinking that the Council should be setting up two different
committees. The committee crafted by the proposed resolution would clearly be the second, or the technical
committee. He also thought that they should consider the present structure of the Block Watch Program and see
if they might perform the other committee's informational function through the community police officer.
Councilwoman Nicola disagreed with the concept of two committees and stated that might lead to more
confusion. Nicola agreed with Councilwoman Stevens' last comment in that seven members should be on the
commission, and noted that since it was a body appointed by the Council, they should follow the same regimen
followed for all other commissions, i.e., opening them up to the public, reviewing qualifications, and
appointment of the individuals with the best qualifications for the purpose. Councilwoman Nicola stated that the
Town of Fountain Hills had a wealth of retired law enforcement and fire personnel experience, and she
suggested that there would be no problem filling the quality needs of the Commission. She reiterated that the
Council should form the best-quality Public Safety Commission possible—one commission.
Councilman Kavanagh noted that if Councilwoman Nicola felt that if background were required in specific
areas, they were then in agreement. He asked if she wanted to tap the experience in the community.
Councilwoman Nicola clarified saying that in any Commission appointed the Council did not designate that they
were looking for specific background experience. She suggested that the Commission be opened up to the
community at large and have interested individuals complete an application where qualifications are listed. The
best candidates should be chosen based on background and experience, but sometimes people would be
appointed with no background or experience. She noted that two individuals from two categories and one
individual from another category might not be possible. She suggested that the Council eliminate the
qualifications and open it up to the best people in order to appropriately stagger the experience levels. She felt
that no members of the community should be kept from applying, as some individuals might have indirect
experience in the fields needed.
Councilman Kavanagh clarified that he was not proposing two commissions, that he was suggesting that the
existing Block Watch structure would fulfill the function of the community input commission. Mayor Nichols
asked Town Manager Pickering how he planned to have the Neighborhood Block Watch Program fit into the
Public Safety Commission;Mr. Pickering responded that he had not addressed that issue.
Councilman Archambault agreed that he did not see the need for two commissions. He stated that his objective
was to tap all the residents of the Town. He felt the Planning and Zoning Commission was a good example.
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That Commission has been formed with individuals from all walks of life who made decisions that affected lives
each day. He pointed out that ordinances and codes had been changed with recommendations from those
individuals, and he saw only utilizing experienced applicants as a fallacy. He noted that the Commission would
generate its own thought process that would develop good conversation, dialog, and resolutions brought to the
Council for consideration. Therefore, he stated there was no need for Section 2(b), (c)and(d).
Vice Mayor Melendez indicated that he had previously accepted the amendment when making the resolution
and thought that when he accepted it, it was going to go in a different direction, the augmentation of the LEAP
group with added fire and services separate from the emergency services. Referring to Resolution No. 2003-16,
Section 5, "That the Town Manager is hereby authorized and directed to take all steps necessary to provide the
Town Council with a plan for formation of a citizens Public Safety Commission." Melendez asked Attorney
McGuire if the Council had to form a Public Safety Commission. Attorney McGuire indicated that the Council
did not have to form a Commission based upon the language of Section 5 if it was the Council's determination
that the Commission not be formed. There would be no violation of the Resolution, and he did not see the
Resolution as a binding commitment on the Council as it was subject to amendment.
Councilwoman Stevens noted that quite a bit of input had been given the Town Manager on the proposed
Commission and requested that the Council move on to the discussion of the Coordinator position. She felt that
the two issues needed to work together. Mayor Nichols asked if there were other council members who had
further comment on the Commission and called upon Councilman Archambault.
Councilman Archambault acknowledged that the Council had created a pact with the citizens when it passed
Resolution No. 2003-16 to form a Public Safety Commission and to appoint a Town Marshall/Public
Safety/Emergency Preparedness Director. He was of the opinion that the Council needed to follow through with
their promises. Councilwoman Nicola also felt that as one of the few cities and towns in Arizona that contracts
for both law enforcement and fire services, the Town of Fountain Hills did a good thing for the community by
passing this section of the resolution and she supported forward moving in that context.
Vice Mayor Melendez stated that his question to the attorney was not to disengage the discussion from the
amendment accepted at that meeting but only to obtain a better clarification. He felt that an Emergency Service
Director should not be part of the Public Safety Commission. It should be a clean unit, dedicated and enhanced
to do the things that LEAP had done in its original formation. Vice Mayor Melendez noted that in his opinion
LEAP had, however, moved in different directions and politicized. He felt that the basic philosophy of LEAP
went back to the community-oriented policing concept.
Mayor Nichols noted that on Page 5 of the Community Advisory Committee Handbook, Paragraph 3, stated:
"At the core of every successful advisory committee is a basic exchange of information. As long as community
concerns are being listened to and addressed,the committee is successful."He reiterated that it was important to
have a vehicle for community concerns to be heard regarding public safety. He felt the Council was indicating
that a vehicle was needed whereby the public could address a Commission with their concerns. The Commission
would then address these issues with the Town Manager, and then, if appropriate, the Town Manager would
then address the Town Council.
Councilman Kavanagh asked that staff be directed to copy some of the aspects of the Ad Hoc State Trust
Commission, as it was very balanced commission which in a very short period of time gave a representative
opinion to the Council of most groups in the Town.
Councilman Archambault agreed with Mayor Nichols, on Page 4, under Public Safety Committee, noting that
was his vision of what the Commission should be. He noted that on Page 5, the core success was a basic
exchange of information with the community.
Councilwoman Stevens asked Attorney McGuire how much detail he would like the Council to provide and
asked if staff had enough direction. Attorney McGuire indicated that he did not have any clear indication of the
Council's consensus regarding the draft resolution, noting the purpose of the discussion was to shape the
resolution so that it could be voted upon in a public meeting without massive amendments. Town Manager
Pickering indicated that he too felt that overall he did not have a clear indication of the Council's consensus
regarding the draft resolution.
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Councilwoman Stevens summarized her opinion: one Commission; seven individuals; formed similarly to
Planning & Zoning Commission or the Parks and Recreation Commission; same support, reporting, and
selection. She did not see any reason to reinvent the wheel. She felt that all commissions set up in that manner
worked very well for the Town of Fountain Hills. She noted, however, that one of the reasons those NJ
commissions function so well is that they had a staff member that firmly led them by providing agendas,
support, and information so that the commission can then make recommendations. She reiterated that all
projects would eventually be brought to the Council for voting. Mr. Pickering gave an example of an issue that
would not come to the Town Council, i.e., complaints of speeding. That issue would come either to the Town
Manager's office or would be forwarded on to the Sheriffs Department. It would not be an agenda item for the
Town Council. Action would be taken to solve the problem without the attention of the Council.
Councilwoman Stevens noted that she understood that the Commission would not be addressing speeding
problems as that would be the responsibility of the Town Manager to talk to the appropriate staff member. She
saw the Commission as advisors for decisions that the Town Council would be making. Mr. Pickering indicated
that was not his understanding from the last meeting. He had heard that the Commission needed to be a
sounding board for the public citizens to provide input in a safe place.
Councilwoman Nicola agreed with the flow of the discussion and that if at "Call to the Public", a citizen
indicated a speeding issue,the chairperson could then reflect that issue in the minutes and explain that it was not
an appropriate discussion, but that the concern would be passed along to the Town Manager. Through the
education process regarding the Commission, it could then be publicly understood that they were not a sounding
board for complaints. She noted that she was not sure that LEAP or a Block Watch committee was an
appropriate forum for complaints such as these either.
In the proposed resolution, Councilwoman Nicola agreed with the first two paragraphs and asked that the word
"Departments" be changed to "Council" in Paragraph 3. She suggested that an additional sentence could be
inserted regarding what items should be directed to the Town Manager. In Paragraph 4, second line, Nicola also
suggested changing the wording to reflect that communication would take place between the Town's citizens
and the "Town Government".
Mr. Pickering suggested that the Committee handle only those issues as directed or assigned by the Council and
then have them report back to the Council with their recommendations. Councilman Kavanagh interjected that
direction could also come from the Town Manager or staff.
Councilman Kavanagh asked that a rough resolution be given to the Council by staff, i.e., how many people on
the Committee,qualifications, and specific designated balance.
Councilwoman Ralphe suggested that the Council have the structure of the other Commissions in front of them
when they debated the formation of this Commission.
Councilwoman Nicola clarified that this was to be a "Commission" and urged focus on maintaining it as a
standing "Commission". She suggested that a special committee for a certain purpose (such as an ad-hoc
committee) might be appropriate. She asked how agenda items for the Commission would be determined. Mr.
Pickering reiterated that those topics would be initiated by the Council versus being brought to the Commission
for action by the public.
Councilwoman Stevens suggested that the coordinator should drive the agenda and lead the Commission. The
other commissioners would have the ability to ask to have items placed on the agenda by obtaining permission
from a staff person to ensure it was appropriate. That coordinator would work hand-in-hand with the
Commission, providing information and staffing. She added the need for the Commission, staff, and Council to
coordinate.
Councilman Archambault agreed with Councilwoman Stevens. There were many driving forces for the
Commission that in his opinion would be headed by the Public Safety Director. A staff position should then
delegate and regulate how often the Commission met and determine what issues would be addressed.
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Vice Mayor Melendez noted that this person might be a female. He asked for clarification of the exact job title
as he has heard Public Safety Director or Coordinator. Councilwoman Stevens stated that it was "Coordinator".
Vice Mayor Melendez asked if the Emergency Services Coordinator would be the lead staff person for the
Public Safety Commission. Mayor Nichols said that was where the discussion was now headed.
Mayor Nichols asked for discussion of exactly what the position should do and should be called. Councilwoman
Stevens suggested the title "Public Safety Coordinator" with emergency management under that. Mayor
Nichols agreed with that title. Councilwoman Nicola proposed that the last line of Section 7 of the draft
resolution, "The Departments' commanders, or their authorized designees, shall be encouraged to attend the
meetings, but attendance is not required." be deleted, as it would cause position overlap. Councilman
Archambault agreed that the sentence should be deleted.
Mayor Nichols noted a potential conflict between Sections 1 and 7. Councilwoman Nicola clarified a
Commission would be made up of seven citizens with voting rights and the captain and chief would be present
at the meetings as advisors and no voting rights. Mayor Nichols stated that the language would need to be
revised between those two sections.
Mr. Pickering explained that "directors" ran "departments" in the organization of the Town. In his opinion, the
Fire and Sheriff Departments report directly to him. Mayor Nichols clarified that Mr. Pickering had authority,
responsibility, and accountability for fire and law enforcement, which would remain intact, however, this would
be a Public Service Coordinator, which would be a broader function than was reflected in the documentation
being reviewed.
Councilwoman Nicola noted that the April resolution threw out Town Marshall/Public Safety/Emergency
Preparedness Director, but that direction was given for the Town Manager to provide the Council with research
and recommendation. The Town Manager did come back and recommend a"Coordinator"position. She agreed
with that title unless "code enforcement" was to be placed under the auspices of this person, as there would be
no one else to direct. Directors would require a different salary range and level of qualification. While she felt
there were missing items under duties and responsibilities in the draft currently being reviewed, it was her
opinion that because there was a fire chief and captain for law enforcement, the Town needed someone to
coordinate with them. She added that any direction would come from the Town Manager.
Councilwoman Stevens did not oppose that idea, but she questioned if the chief and captain should both report
to the coordinator. She stated that the coordinator would still report to the Town Manager and would decide
which items were placed on the Commission's agenda. Councilwoman Stevens' issues were with ensuring
compliance of"contracts" and "negotiations" of said contracts. She suggested that the person could assist the
Town Manager with that charge. It would be the Town Manager who assigned him/her responsibilities
depending upon the Manager's comfort level. Councilwoman Stevens saw this position as someone who would
assist the Town Manager and handle the easier duties allowing the Town Manager to take on some of the more
difficult or political areas.
Mayor Nichols suggested that the Council was looking for a"Coordinator"as opposed to a"Director".
Vice Mayor Melendez felt that the ultimate responsibility of fire and law enforcement belonged to the Town
Manager and questioned whether or not Council wanted to place another management level in between.
Mr. Pickering indicated that he administered contracts and that the captain and chief both reported directly to
him. He acknowledged that he could use assistance and would never turn that away. He added that the position
discussed was a mid-level position. If the position were a "Director" position and those entities reported to
him/her,Mr. Pickering noted the need to hire a person at a higher income level. He felt, however,that he did not
need a person of that caliber, only someone to assist him with negotiations, coordination, information, and
statistics.
Councilman Archambault indicated that when the resolution was originally passed, it required a Public Safety
Director. It was his opinion that a "Director" was needed to oversee public safety (fire, emergency,
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preparedness, policing, ambulance services). He suggested that the Council needed to have someone oversee
those contracts and report to the Town Manager. He stated that Fountain Hills was unique in that no other city or
town in the state contracted out for their fire and police services. Councilman Archambault noted that was why
Section 4 of the resolution was added. "
Vice Mayor Melendez addressed the issue of a group of individuals aggressively collecting signatures for the
formation of a fire district. He asked Town Manager Pickering if the Town had its own fire district, what
function the Commission would serve. Mr. Pickering indicated and discussed his hesitancy to hire an individual
of the caliber being discussed with the possibility of a new fire district being formed.
Councilwoman Nicola suggested that if the Fire District returned, the Council could amend the scope of the
Public Safety Commission's duties; however, the Council should never close their eyes to what the fire
department or what any future district might be doing. It was crucial for the ongoing success of public safety in
Fountain Hills that the Town maintain some line of communication. She suggested that there would be enough
workload for a Public Safety "Coordinator". He or she would be able to interact with the departments,
Commission and bring information back to the Council in an advisory role. She suggested that in the interim,
Mr. Pickering could use assistance in monitoring contracts.
Councilwoman Ralphe was concerned about the position and the possibility of a new fire district. She expressed
that all essential Town services, police, fire, water, and sewer, should be under the Town's umbrella. She asked
whether or not the Council was premature in its discussion of the position until after the Fire District decision
had been made.
Councilman Kavanagh asked Mr. Pickering for his timeframe for the position. Mr. Pickering was awaiting the
timeframe on the Public Safety Commission before determining his timeline for advertisements, etc.
Councilman Kavanagh suggested that the position could be altered easily but doubted that it would be a full-
time position if this position just oversaw the law enforcement contract. He suggested that the Council would
have a good idea in January whether or not there would be a new Fire District. .41)
Councilwoman Nicola noted that many municipalities had full-time grant writing personnel and that grant
writing could be written into the job description. It was up to the Town Manager's discretion to add duties to
this position. It was her opinion that the position would not interact that much with the Fire Department, and
that the loss of a Fire Department would not affect the position or the Commission to that great degree.
Mayor Nichols indicated that Councilpersons Ralphe and Kavanagh made good points and suggested that the
Council could wait three or four months for more solid information as to how well the process was going.
Councilman Archambault noted that budget and contract talks would be forthcoming. The Council needed to
plan for the present and adjust for a possible transitional future. He suggested continuing with discussions on the
Commission and Coordinator. He felt the Coordinator position was a full-time job. Mayor Nichols agreed with
Councilman Archambault that it would be easy to adjust the Commission and the coordinator position but not
after making a commitment for someone to come to Fountain Hills as a Public Safety Director.
Mr. Pickering noted that all qualifications for this position must be discussed. He agreed with the statement that
a Coordinator position could be adjusted as needed, but a Director could not be so easily adjusted and someone
would be mislead. That concerned him because of his recruitment involvement.
Councilwoman Nicola stated she understood that if the Fire District returned and the elected officials were
coordinating fire service, the Town still owned the fire stations and the equipment, and this suggested to her the
need for a Public Safety Coordinator to coordinate those issues between the Town and the District. Town
Attorney McGuire confirmed that the Town did own the assets, so a decision might need to be made regarding
those assets and the"coordinator"would be involved.
Councilwoman Stevens asked if the Council was trying to make a decision between a "Coordinator" and a
"Director"this evening. Mr. Pickering indicated in his mind the decision had already been made by the amount
of budgeted funds and the duties. Creating a "Director" position would be a mistake because of the possible
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shift in responsibilities. Councilwoman Stevens then suggested that the Council move ahead with the
"Coordinator"position,perhaps as a part-time position. That would be the Town Manager's call.
Vice Mayor Melendez stated that when he presented Resolution 2003-16, he had accepted the amendments by
former Mayor Beydler and Councilwoman Nicola. The Council now needed to honor those amendments. He
suggested that due to the political campaign timetable some of the present Council members might not be
present in March or May. He felt that a policy needed to be formulated.
Councilman Kavanagh asked staff to provide: (1) job descriptions with and without law enforcement
responsibilities, and (2) a determination as to whether it was a full or part-time position. He also wanted Mr.
Pickering's opinion as to whether the Town could get a quality part-time law enforcement coordinator.
Councilwoman Nicola asked staff to provide a third, more generalized job description that stated neither police
nor fire, only public safety service. Mr. Pickering noted that would be a difficult job description to write, as
public safety was police and fire. He stated that he could clarify that if the Council wanted to contact him
individually.
Councilwoman Nicola reviewed the current Emergency Management Coordinator job description and did not
see specific duties and responsibilities applicable to fire and suggested that they only had to strike "Fire
Department"liaison and the job description was written. She also noted other issues that had not been discussed
such as FEMA's CERT Program. Mayor Nichols indicated that the job description that Councilwoman Nicola
was reviewing (August 12) had been revised. Councilwoman Nicola and Mr. Pickering noted that no major
revisions had been made to the current job description she was reviewing.
Councilman Archambault suggested that the Public Safety Coordinator could deal with the IGAs with other
towns and cities. It might become a full-time position. Mayor Nichols indicated that it would be the Town
Manager's decision for the individual to be either full- or part-time depending upon the duties assigned. Mr.
Pickering stated that when this issue was brought back to the Council he would provide his recommendation as
to if this position should be full or part time.
Councilwoman Stevens asked if another work-study session was planned to review the rewrite. Mr. Pickering
noted that another work-study session could be held to revise the subject, or it could be placed on a future
agenda in italics and discussed at that time. He stated that would be up to the Council.
Vice Mayor Melendez asked if that would involve public discussion. The question was answered in the
affirmative. Mr. Pickering suggested the alternative of delaying discussion until January when more information
was received regarding the future of the Fire District. Mayor Nichols asked for a consensus of the council
members as to whether or not they wanted the subject brought to the full Council meeting. Councilwoman
Nicola suggested placing the issue on the agenda for no later than the first meeting in December. Councilman
Archambault supported bringing the issue to a Council meeting. Mayor Nichols agreed with bringing this to a
Council meeting and observed Councilwoman Stevens and Vice Mayor Melendez's agreement that it should be
brought to the Council and asked that it be brought forward for discussion and recommendation.
Councilman Archambault asked that information on an emergency plan be discussed. Attorney McGuire noted
the Council could discuss the coordinator position but pointed out that the plan was set as a consent agenda item
for the next Council meeting. A discussion of the emergency plan was not planned for this agenda item.
Councilwoman Nicola noted her intent to pull the subject off the agenda in order to hold discussion at that
meeting. She requested that Mr. Newbill be invited back to the Council meeting for that discussion. She asked
what the topic was for the next work-study session.
Mr. Pickering asked if the Council wished to bring the Five-Year Financial Plan to the next work-study session
to discuss revenue enhancements. Mayor Nichols agreed that it would be a good topic for the work-study
session. He stated the process for strategic planning could also be a future topic. Councilwoman Nicola
suggested the formation of an Economic Development Commission for the Town of Fountain Hills as a future
work-study topic.
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Mayor Nichols confirmed that the November 12 work-study session would focus on the financial plan (from 5
p.m. to 7 p.m.). On December 9 (5 p.m. to 7 p.m.), the focus would be the strategic plan process, and on January
13 (5 p.m. to 7 p.m.), an Economic Development Commission would be discussed.
Councilman Archambault acknowledged County staff for attending the meeting. He then MOVED that the
work-study session be adjourned at 7:12 p.m. Vice Mayor Melendez SECONDED the motion, and it PASSED
UNANIMOUSLY.
TOWN OF FOUNTAIN HILLS
By:
W. J. Nic ols,Mayor
ATTEST AND !D�
PREPARED BY: /'[
Bevelyn J. B deTown Clerk
CERTIFICATION:
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work-Study Session
held by the Town Council of Fountain Hills on the 9th day of October 2003. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 6th day of November 2003.
By:
Bevelyn J. B er own Clerk
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