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HomeMy WebLinkAbout2005.0208.TCWSEM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL February 8,2005 Mayor Nichols called the meeting to order at 4:30 p.m. ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilman Kehe, Councilman Kavanagh, Councilman Schlum, Vice Mayor Nicola and Councilman McMahan. Town Manager Tim Pickering, Town Attorney Andrew McGuire, Assistant Attorney Dani Rosetti, Planning and Zoning Administrator Richard Turner and Town Clerk Bev Bender were also present. AGENDA ITEM #2 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A.1 FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION. DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT,WITH THE EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE, OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, TO INTERVIEW BOARD OF ADJUSTMENT APPLICANTS.) Councilman Archambault MOVED to convene the Executive Session and Councilman Schlum SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 4:55 p.m. AGENDA ITEM#3—RETURN TO THE WORK STUDY SESSION Mayor Nichols reconvened the Work Study Session at 5:00 p.m. Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilman Schlum, Councilman Kavanagh, Councilman Kehe, Vice Mayor Nicola and Councilman McMahan. Town Manager Tim Pickering, Town Attorney Andrew McGuire, Assistant Attorney Dani Rosetti and Town Clerk Bev Bender were also present. AGENDA ITEM #2 — DISCUSSION OF CHANGING THE CURRENT ELECTION CYCLE FROM THE MARCH/MAY (SPRING) TO THE SEPTEMBER/NOVEMBER(FALL) ELECTION CYCLE. Mayor Nichols stated that discussion had occurred in the past relative to this issue. He noted that staff was asked to conduct research and bring back information (relative to the pros and cons for changing the election cycle) for the Council to review and discuss. He stated that the Work Study Sessions were limited to two hours and said that the meeting would not go beyond 7:00 p.m. Town Manager Tim Pickering commented that a few questions arose the last time this issue was brought up and advised that Town Clerk Bev Bender had conducted research on this issue and would provide an overview of her findings. He noted that the reason for the discussion was the way the budget adoption falls with the election. E:\BBender\Documents\Current Minutes 2005\02-08-05 Executive and Work Study.doc Page 1 of 5 He said that they discussed this matter at the previous retreat and questioned whether the new Council or the old Council should adopt the budget. He stated that one way to solve the problem would be to change the date of the election and added that other communities were having the same discussion. In response to a question from Mayor Nichols, Town Attorney Andrew McGuire responded that the issue could be decided by the Council (election dates) and added that any changes would have to be submitted to the Justice Department for their approval. He said that the County would also have to be advised of the new dates. Councilman Schlum commented that the majority of cities/towns had the same election cycle as Fountain Hills and stated that the pros appeared to outweigh the cons in the report and asked whether there was any reason why 42 of the 89 cities/towns conducted spring elections. Town Clerk Bev Bender advised that the cities/towns' incorporation date played a major role in the election cycles. She noted that Mr. McGuire discussed this issue at a previous meeting. Mr. McGuire expressed the opinion that the matter was more an issue of"nuts and bolts"than anything else. He pointed out that a majority of the municipalities tried to hold late summer/early fall elections so that they would receive ten months of County services, which would allow them to get up and running. He added that this naturally threw them into the spring cycle, because they would not be in line for a September/November cycle. He clarified that 75 were on the spring cycle and 17 were on the fall cycle. Councilman Schlum asked whether the Town Manager had looked at other options to create continuity in the Council, whereby the elected Council would go through the budget and the retreat process all together. Mr. Pickering stated that the only other option he saw was one that was previously discussed, early adoption of the budget. He added that this could occur but the problem would be the fact that one Council adopts the budget and a new one, taking office approximately one month later, was expected to carry out what was just done. He said they felt as though they were not given a say in the matter. Councilman Schlum commented that no scenario existed where the elected Council worked on the budget. He added that they could not possibly move the budget process back to November. Mr. Pickering stated that there could be mid-year budget approval. He also informed the Council that another option would be to implement a charter change to amend the election dates. Councilman Kavanagh said he believed that the actual budget was finalized in August and Mr. Pickering responded that the budget was actually finalized at the last meeting in June (last two budgets). Councilman Kavanagh stated that then, theoretically, the new Council could change the budget if they wish to do so and Mr. Pickering concurred. He added, however,that when Councilmembers were presented a budget that they had not had much input on, but also one that they were expected to work within, it appeared somewhat unfair to have them establish the expenditures for the year at their very first meeting. Councilman Kavanagh noted that it had been his experience that 98% of the budget was pretty much "auto pilot",done by staff, and the Council manipulated the remaining 2%. He added that this was the political part of the budget process. He said that it was not that difficult to make budget adjustments in June and stated that "new Council" was not really "new Council"in that it typically consisted of"half old" Council. He commented that he had never heard complaints about "things being forced down their throats" and a lot of items were phased in over various years. He emphasized the importance of achieving maximum voter turnout and said in reviewing the statistics; he was not sure which cycle would accomplish this goal because of the variables involved. He pointed out that just about every municipality surrounding Fountain Hills conducts March/May elections and people were alerted that it was election time. He said if they changed the cycle, the Town would lose that advantage. In response to a question from the Mayor relative to voter turnout,Ms. Bender reported that her research showed that,for example,El Mirage was very happy with the"switch"to the new election cycle and the results. E:\BBender\Documents\Current Minutes 2005\02-08-05 Executive and Work Study.doc Page 2 of 5 Councilman Kehe expressed the opinion that there were other ways to address voter turnout and noted that the Strategic Plan might impact this area, since it was citizen based. He discussed his concerns and said that he believed a Town election was significant in and of itself and if the elections were combined with County or State elections, town issues could be lost in the shuffle. He added that the lowest level of government that was closest to the citizens should be emphasized. He said he was also concerned that elections on other levels were partisan and Fountain Hills' elections were non-partisan. He also commented on the challenges associated with running for office (number of signatures on nomination petitions, etc.) and said he was not sure how this would be impacted. Ms. Bender responded that the number of signatures required would be based on the number of ballots cast. Councilman Kavanagh commented that from a voter turnout perspective, he was not sure which election cycle would be better. He said that the medical field had a very wise saying in terms as to when doctors did not know what to do and that was, "first,do no harm." He added that perhaps they should just "lay back" and wait on this issue. Mayor Nichols stated that he was interested in seeing what happened with "mail only" ballots. He pointed out that the Town of Surprise was going to an all mail ballot election. He said he was not sure whether this would result in higher turnout than going to the polls. He added that he did not feel there was an overwhelming "thrust" among the members of the Council or the people to make a change. He stated that the issue did not appear to have gotten the Council very excited about change. Councilman Schlum expressed the opinion that the ultimate goal was to get more people out to vote and it seemed as though Presidential elections, etc. drew more voters to the polls. He added that the costs appeared to reduce when consolidation occurred and it made sense for the budget discussions. He did agree with Councilman Kavanagh's comments and said"don't fix it if it is not broken". Councilman Archambault reminded the Council that the whole reason this issue came up during budget lbw discussions when a large number of Councilmembers voiced their opinions about the process and some of the problems. He emphasized that all he wanted to do was solve a problem and said they could not "stick their heads into the sand". He stated that they ran into the same problems when he was elected and added that it was a daunting task to go through the budget process and face the realities they had to face within a short period of time. He stressed the importance of continuity throughout the budget year and said if they could get a Council elected so that they were seated in November, they would have an opportunity to "get their feet wet" before becoming involved in the process. He stated the opinion that this was a solution to an underlying problem and should be addressed. Mayor Nichols commented that during the last election, he witnessed a great deal of"pre-work" performed by the Town Manager and staff with candidates beforehand. He expressed the opinion that the Councilmembers who were elected came on board better prepped than any other Council in the past. Mr. Pickering thanked Mayor Nichols for his comments. Councilman Schlum agreed that it was daunting to be elected to the Council and have to jump in and tackle budget issues. He stated the opinion that prior to the new Council coming on, the current Council could have recommended and adopted a budget. Mr. Pickering said that this was another issue that was raised; whether the out-going Council should adopt the budget. Councilman Schlum commented that Mr. Pickering was asked whether there was an alternative way to work with the budget, short of changing the election cycle. He added the opinion that more time would be helpful for the new members of the Council. E:\BBender\Documents\Current Minutes 2005\02-08-05 Executive and Work Study.doc Page 3 of 5 Mr. Pickering asked whether it would be helpful for the Council to have staff look at each of the cities/towns that "switched" election cycles and review their voting records (turnout). He said he believed this would be a good way to determine whether it was going to affect turnout or not. Councilman Kavanagh stated that they would also have to look at the other issues that were on the ballot to arrive at real numbers. Mr. Pickering agreed that there were many factors that needed to be evaluated but said if the turnout was consistently higher in all of the cities/towns, and then it would be safe to assume that the change in the election cycles had something to do with it. Councilman Kehe expressed the opinion that there was merit in having the opportunity to make decisions regarding issues they for which they would ultimately be responsible and held accountable for. He added that providing good preparation and promoting individual candidate involvement would assist with budget process. Vice Mayor Nicola concurred with Councilman Kehe's comments and said they were talking about changing an election cycle and not a fiscal year. She stated that they were still going to have those new Council members every other year while the fiscal year begins on July 1st. She noted the"lag time"would still exist. Councilman Kavanagh expressed the opinion that El Mirage had good reasons upon which to base the change and stressed the importance of being cognizant of the fact that Scottsdale, Mesa, Gilbert, Paradise Valley, Tempe, Cave Creek, Carefree, and Chandler (all of the Town's neighbors) had the same election schedule as Fountain Hills. He added that they had not seen a need to change and that spoke more than El Mirage making the change. Councilman Archambault stated that he would like to see additional information regarding the cities/towns that had switched election cycles and their reason for doing so. He added that he would also like to know how the change affected voter turnout. He said he would also like to see if they could take the "off years" (not a presidential election,just a County election) and review voter turnout statistics for those periods. He reiterated the importance of continuity. Councilman Kavanagh expressed the opinion that they wee more likely talking about a September election. Mr. Pickering commented that they would also have to face the issue of people being out of Town if they switched from March to September. He added that this was a constant issue for the Town that was dealt with during each town election. Mayor Nichols requested that staff provide (at a later time) the fiscal years of the cities/towns in Maricopa County that conducted March elections. He said he would like to know whether their fiscal years were different than the Town's. Councilman McMahan questioned whether the Town was always locked into a July 31St/June 30th Fiscal Year and asked whether this was in accordance with law. Mr. McGuire responded that he did not know whether general law towns had any authority to get off of the State's cycle. He pointed out that the State followed a July/June cycle and added that he was not sure whether it was a charter provision or not. Councilman Kavanagh discussed adjusting the terms of the Councilmembers should they proceed in this manner and said that given the choice of extending some terms versus shortening the terms, he believed the terms would have to be shortened. Mayor Nichols stated that the issue would be addressed if they decided to change election cycles. Mr. McGuire pointed out that shortened terms of the seated Council would place them on the odd cycle rather than onto the even cycle and they would miss the boat on the higher voter turnout. He added that they would E:\BBender\Documents\Current Minutes 2005\02-08-05 Executive and Work Study.doc Page 4 of 5 miss the Presidential Preference election. He reminded the Council that all of the proposed changes would have affects. (11100 Mayor Nichols expressed the opinion that in order to make such a change the Council would have to have some overwhelming rationale to make the change. He added that he did not believe that they had seen the overwhelming rationale this evening. He said that the Town Manager should research additional information in an effort to assist the Council in rendering a decision. He commented that if they as the Council elected to make the change,they must have justification for the change. Councilman Kavanagh stated that based upon the questions that were asked, they were talking about an extensive amount of research and said he was not convinced that the matter was important enough at this time to warrant that research. He added that he was perfectly willing to let the issue end right now. Mayor Nichols asked for additional input. Councilman McMahan, Councilman Schlum, Vice Mayor Nicola, and Councilman Kehe individdually7 indicated that they supported Councilman Kavanagh's viewpoint. Mayor Nichols advised that based on Council input,the Town's election cycles would remain as is at the current time. He emphasized the importance of remaining cognizant of Councilman Archambault's concern and said they needed to continue to conduct the pre-work with Council candidates. He said he believed that everyone who got elected to Council the last time around attended the Work Study Session in January and were brought into the process. Councilman McMahan commented that Town staff and Mr. Pickering did an outstanding job providing candidates with all of the information they needed. 3. ADJOURNMENT. VICE MAYOR NICOLA MOVED that the Council dj• rn and COUNCILMAN SCHLUM SECONDED the motion,which CARRIED UNANIMOUS T - 1-eting adjourned at 6:35 p.m. TOW OF O' AIN HILLS / By 'v Wally N' o s,Ma ATTEST AND PREPARED BY: Bevelyn J. Bende/Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive/Work Study Session held by the Town Council of Fountain Hills on the 8th day of February 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of March 2005. Bevelyn J. Bender,Town Clerk E:\BBender\Documents\Current Minutes 2005\02-08-05 Executive and Work Study.doc Page 5 of 5 j