Loading...
HomeMy WebLinkAbout2005.0602.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 2, 2005 Mayor Nichols called the meeting to order at 5:30 p.m. AGENDA ITEM #1 — 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 SLARIES, 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 NO 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, COMMUNITY CENTER ADVISORY COMMISSION CANDIDATES'INTERVIEWS.) Councilman Schlum MOVED to convene the Executive Session and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(5-0). Mayor Nichols recessed the Executive Session at 6:05 p.m. AGENDA ITEM#2—RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. Following the invocation by Cantor Howard Tabaknek of Temple Beth Hagivot,roll call was taken. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilman Kehe, Councilman Schlum, and Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, and Recording Secretary Janice Baxter were also present. Councilman Kavanagh was absent. SCHEDULED PUBLIC APPEARANCE/PRESENTATION (i) Town Manager Tim Pickering introduced the Town's new Fire Chief,Scott LaGreca. MR. PICKERING stated that following an extensive nation-wide search, he was pleased to introduce Fountain Hills new Fire Chief, SCOTT LAGRECA. He explained that Rural Metro actually was the contract that hires the chiefs,but they were good enough to allow him and other members of staff,to participate in the hiring process/interviews. He said that they had over 40 applicants from as far away as Florida but they didn't have to look too far because they had a great applicant with great experience already in Fountain Hills. CHIEF LAGRECA addressed the members of the Council stated that this was obviously a bittersweet evening for him and the Council,but nonetheless, he would like to thank Mr. Pickering for providing him the opportunity to come back to Fountain Hills and serve the citizens of the community in the capacity of Fire Chief. He stated that he looked forward to all of the opportunities ahead and pledged to the Council and the community that he would do his best to ensure that the Town had the best public safety agency possible. He Le reiterated his appreciation for the appointment. Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 1 of 18 MAYOR NICHOLS said that they were proud to have the Chief back representing fire services for the Town of Fountain Hills. Mr. Pickering stated that he was also pleased to announce the hiring of another specialist for the Town, MEGAN GRIEGO, the Town's Economic Development Specialist, and noted that she would concentrate her efforts on the downtown area. He advised that she previously served as the Downtown Coordinator in Buckeye. MS GRIEGO addressed the members of the Council and stated that she lived in Avondale, approximately one-hour away. She said that she was very excited about her appointment and brought with her energy and enthusiasm for the position. She noted that she had already met a number of the downtown business owners and colleagues and looked forward to serving in her new capacity. MAYOR NICHOLS welcomed Ms. Griego to the Town of Fountain Hills and wished her success in her new position. CALL TO THE PUBLIC DR. ROD OWEN, 3501 N. Scottsdale Road, a diagnostic radiologist with Southwest Diagnostic Imaging, a group of radiologists who cover the Phoenix metropolitan area and Scottsdale, and said that there was a developing consortium of physicians and physical rehabilitation groups, that were very interested in developing a medical campus in Fountain Hills. He stated that they had been working with realtors in an effort to locate a site for the development of a medical campus that would, at the beginning, start out with primary care physicians (somewhere between two and five, with their therapists) as well as diagnostic imaging. He advised that Scottsdale Medical Imaging was a practice in Scottsdale utilized by many citizens of Fountain Hills. He reported that surveys they had conducted indicated that citizens wanted to have a facility open in the Town and said that a significant need existed and they were willing to invest appropriately to meet that need. DR. OWEN added that there was also a physical rehabilitation group that was also committed to provide significant services to the residents of Fountain Hills. He said that this loosely forming consortium of physicians were presently looking for a site on which to conduct a medical campus. He explained that they wanted to come before the Council to find out whether the Town owned any land that would be suitable for this type of project and/or whether there were properties being condemned or under consideration for future condemnation. He requested that the Town provide any assistance possible and urged them to provide input regarding the campus. He thanked the Council for the opportunity to address them. MAYOR NICHOLS thanked Dr. Owen for his presentation and said that he would instruct the Town Manager to discuss his comments with staff and get back to him at a later point in time. He added that they were very excited about having new businesses such as the one the Doctor described come to Town and said they would see whether they could meet some of their needs. SHARON REYNOLDS DILKS, Plaza Fountainside, 671 Highway 179, Sedona, AZ, addressed the Council and stated that she was one of the owners of Plaza Fountainside. She said it was her understanding that there was a shared parking agreement with the Town as far as the usable floor area of restaurant space that could be developed within the project. She advised that it stated "any expansion of the amount of square footage dedicated to restaurant use would require a re-negotiation with the Town, approved by the own C=Iiincil, and that the re-negotiation could occur at a future date after all of the projects ar _ lanne ark t-rovements are made and if they can show that unutilized parking exists." She explain.:..., at there were gently three restaurants that wanted to lease space at Plaza Fountainside and said that iirent Mallonee, with Grubb and Ellis, would also speak on this item, and provide the Council with the particulars regarding this issue. She commented on her extensive background in property management and said that she managed four shopping centers in Sedona as well as El Pedregal in Scottsdale in addition to Plaza Fountainside. She Z:\Council Packets\2005\R6-16-05Vvlinutes.doc Page 2 of 18 stated that she realized that one of the problems they had since purchasing the latter property two years ago. was that they desperately needed another anchor tenant. She noted that at the current time they had two medical doctors and in two weeks they would have a third and part of the reason they were experiencing difficulty attracting retail tenants was they did not have the necessary anchors. MS. DILKS said that the owners had done their best to contribute to the public art and special community events, but the tenants had been struggling since the center's inception, which added to the frustration of the owners. She stated that last year they met with Dana Burkhardt who assured them that they could put in a small restaurant, and then when they met with Planning & Zoning a while ago, they brought up the fact that the parking agreement existed. She requested that they expedite the process to determine what the maximum square footage was for restaurants that could go in right now. She added that they previously said that when the next project was completed you would have a better idea and she believed that they now know what was being built. She said that since they had determined what improvements they would be making at the park, she felt that the time was appropriate to ask that they look at what could be done at her location. She stated that if there were something they could do in order to obtain a variance, they would like to proceed with that. She advised that there were restaurants "ready to go" and it would be great to get them developed through the summer so they were open for the fall season. MS. DILKS commented on the beauty of Plaza Fountainside with its significant attributes and public art but said they would continue to have a leasing problem without the addition of another restaurant that would add strength to the center. She indicated their willingness to work with the City and thanked them for their consideration. MAYOR Nichols requested that Mr. Pickering and his staff look into this matter in an expeditious manner. BRENT MALLONEE with Grubb & Ellis, speaking on behalf of Plaza Fountainside, addressed the Council and said his company has done the leasing for Ms. Dilks and the other owners of Plaza Fountainside. He commented on the high quality tenants they were seeking for this project and what they could add to the center as well as the entire Town. He advised that they were currently working with a restaurant group whose managing principal had over 20 years of management experience in the restaurant industry and represented a group of investors with a significant financial net worth. He noted that they were interested in putting in a significant amount of capital improvements into the property and were seeking to establish a first-class restaurant in Fountain Hills. He added that they were interested in providing valet parking and serving dinner only with high-end items. He said that this must be considered when determining the parking situation and stated that there was not going to be an all day traffic flow, it would be open in the evening, and thereby lessen the impact on the parking situation as well. He urged the Council to consider their request. MAYOR NICHOLS thanked the speaker for their comments. CONSENT AGENDA AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MAY 5TH AND MAY 17TH. AGENDA ITEM#2—CONSIDERATION OF RESOLUTION 2005-33,AUTHORIZING THE TOWN MANAGER TO ACT AS THE APPLICANT AGENT FOR THE TOWN OF FOUNTAIN HILLS WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR REIMBURSEMENT OF FUNDS. AGENDA ITEM#3—CONSIDERATION OF RESOLUTION 2005-38,ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 603C, Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 3 of 18 BLOCK 24 (12243 TWIN DEER RUN) AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,ARIZONA,WITH STIPULATIONS. EA05-11 (BALDWIN). AGENDA ITEM#4—CONSIDERATION OF RESOLUTION 2005-39,ABANDONING WHATEVER '141) RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 603A, BLOCK 5,LOT 7 (15516 E.SYCAMORE DRIVE)AS RECORDED IN BOOK 196 OF MAPS, PAGE 28,RECORDS OF MARICOPA COUNTY,ARIZONA. EA05-12(HARDS). AGENDA ITEM#5—CONSIDERATION OF RESOLUTION 2005-40,ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 111, BLOCK 9, LOT 8 (16257 E. HYDE PARK DRIVE) AS RECORDED IN BOOK 150 OF MAPS, PAGE 12,RECORDS OF MARICOPA COUNTY,ARIZONA. EA05-13(BENDER). AGENDA ITEM #6 — CONSIDERATION OF ORDINANCE 05-04, AMENDING THE TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-3-4, POSTING NOTICE OF MEETINGS, SUBSECTION (C) TO REFLECT THE NEW ADDRESS OF THE FOUNTAIN HILLS TOWN HALL. AGENDA ITEM #7 — CONSIDERATION OF APPROVING THE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE SCOTTSDALE CONVENTION & VISITOR BUREAU IN THE AMOUNT OF$40,000. AGENDA ITEM #8 — CONSIDERATION OF APPROVING AN AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BLACK BOX NET SERVICES FOR INSTALLATION OF WIRING IN THE CIVIC CENTER II PROJECT. AGENDA ITEM #9 — CONSIDERATION OF APPROVING A THIRD AMENDMENT TO THE HOLDER CONSTRUCTION CONTRACT FOR THE CIVIC CENTER II PROJECT FOR PROPOSED CHANGE ORDERS REVISING THE GUARANTEED MAXIMUM PRICE. AGENDA ITEM#10— CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE "TUSCANY AT CAMBRIA CONDOMINIUMS," A 2-UNIT CONDOMINIUM PROJECT, LOCATED AT 13645 E. CAMBRIA DRIVE, AKA PLAT 102, BLOCK 4, LOT 6. CASE NUMBER S2005-04. AGENDA ITEM #11 — CONSIDERATION OF RESOLUTION 2005-37, ABANDONING THE FINAL REPLAT FOR THE J & J PROPERTIES CONDOMINIUMS, A 2-UNIT CONDOMINIUM LOCATED AT 16312 E. DESERT SAGE DRIVE. UNITS A & B AND REVERTING BACK TO THE ORIGINAL FINAL PLAT 206,BLOCK 1,LOT 27. CASE#2005-05. AGENDA ITEM#12—CONSIDERATION OF THE FINAL PLAT FOR"PALATIAL ESTATES,"A 19-LOT SINGLE-FAMILY SUBDIVISION, LOCATED NORTH OF SHEA BOULEVARD BETWEEN PALISADES BOULEVARD AND FOUNTAIN HILLS BOULEVARD. Councilman McMahan MOVED and Councilman Kehe SECONDED a motion to APPROVE THE CONSENT AGENDA. A roll call vote was taken with the following results: Mayor Nichols Aye Councilman Kavanagh Absent Councilman Schlum Aye Z:\Council Packets\2005\R6-16-05\Ivlinutes.doc Page 4 of 18 Councilman Kehe Aye Councilman McMahan Aye kw Councilman Archambault Aye The motion CARRIED UNANIMOUSLY by those present(5-0) ACTION AGENDA AGENDA ITEM #13 — CONSIDERATION OF RESOLUTION 2005-34, REPEALING RESOLUTION 2004-32 AND AMENDING THE PAY RANGES FOR EMPLOYEES OF THE TOWN OF FOUNTAIN HILLS. Town Manager Tim Pickering said that JOAN MCINTOSH, the Town's Human Resources Administrator would highlight a brief presentation on this agenda item. He explained that this was something that the Town did every year and added that it was included in the upcoming budget that the Council would consider later on this evening. MS. MCINTOSH noted that the Council packets contained a copy of the proposed pay plan for the new fiscal year. She stated that last year the pay plan received a major overhaul and consequently this year there were minor changes compared to the previous fiscal year. She advised that none of the salary ranges were lowered and a majority of them were raised according to research she conducted (resource list was attached to the Council Report). She said she would be happy to answer any questions the Council might have regarding the proposed pay plan. COUNCILMAN ARCHAMBAULT thanked Ms. McIntosh for the effort she put forth but said he still had to raise the same concerns he raised last year. He stated that although the plan did not specifically address anyone's pay, because that was the Town Manager's area, it was the Council's responsibility to look at the pay ranges. He said that he for one would like to make sure that the Town of Fountain Hills was competitive with the rest of the Valley. He commented on the research conducted by Ms. McIntosh and said that prior to approving it, he would like to see what the ranges would look like if they used just the Valley. He explained that that was where they were "pulling" the employees from and stressed the importance of being competitive in this area. He added that smaller municipalities such as Winslow,Kingman, and other outlying areas were going to have pay plans that were out of balance for this particular area. MS. MCINTOSH advised that she would be happy to provide that information but expressed the opinion that doing so would skew the ranges for any surveys that municipalities would include the Town in the future because they did not do it that way. She referred to the memo and said that at the bottom of the first page she included some of the surrounding larger cities with which the Town remained competitive. She added that she gave as an example some of the hard to recruit positions that they had this past year in Building Safety and noted that many of the maximum amounts for those pay ranges were higher than they were in Scottsdale, Phoenix and Mesa, the three cities that immediately surround the Town. She stated the opinion that they were very competitive in those areas although perhaps not as competitive at the upper management level but they were not comparing "apples to apples" for those positions because the larger cities at the Assistant Director level had much larger departments to supervise and carried out more responsibilities. She reiterated that for the non-exempt positions,the Town was competitive in the Metro-Phoenix area. COUNCILMAN ARCHAMBAULT commented that he could understand what Ms. McIntosh was saying but as an employer himself he understood how competitive he had to be just in the cabinet business in trying to recruit workers to come to Fountain Hills. He added that the Town did have certain benefits to offer, namely potential employees would travel in the opposite direction of traffic in the mornings and evenings as well as other benefits. He said that he reviewed the hourly wages and 48% had no increase at all or had such a minute increase that it didn't really amount to anything, as opposed to the salary ranges where 7 out of 25 had no increases or had such a minute increase that it didn't make any difference and that was only 25%. He Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 5 of 18 stated that with the smaller salary ranges, they were looking for a broader work base. He said that he wou:':9 like to see what the range was for the Valley area because he thought it was "off." Iiii) COUNCILMAN KEHE advised that generally salary was one of the main features in working f community and added that pay was what puts food on the table. He stated that he understood that they very competitive with the larger cities except for upper management and yet the Town had experienced s recent changes in positions in at least mid-management. He said that he wanted to make sure that the Town was competitive in two ways, (1) in salary, and (2) benefits. He commented that they had not discussed benefits and requested that Ms. McIntosh elaborate on this area. MS. MCINTOSH informed the Council that the Town of Fountain Hills has a very attractive benefit package and pointed out that the Town currently pays 100% of the premiums for employees for health and dental insurance and 50% of the coverage for any dependent coverage the employee might have. She said that they also offer a life insurance policy equal to one times employees' salaries (premiums paid at 100%) as well as long-term disability insurance that the Town also pays 100% of the premiums on. She added that they also have supplemental life insurance and advised that if employees chose to select that, the premiums were paid out of their own check. She noted that the Town's retirement plan was very generous and popular with employees and stated that they did not contribute to Social Security but instead had a mandatory 401A retirement plan where the employees contribute 11% of their gross pay, pre-tax dollars, and the Town matched it dollar for dollar (providing employees with 100% return on their money). She pointed out that after five years of service, employees were 100% vested in the Town's contributions. She said that if they compared that to other municipalities, along with the other benefits, it was easy to see that the Town had a very good benefit package and one that attracted employees. MAYOR NICHOLS commented that during the year Ms. McIntosh did a mock comparison of the positions and asked whether any of the market rates indicated that the salaries should have gone down. Ms. McIntosh ‘,....) indicated that they did not and added that they had 57 titles within the Town and there were 8 titles that went down in the salary range but salaries were not reduced. She added that out of the 57 titles, 39 of them increased. COUNCILMAN ARCHAMBAULT asked how old the data was and Ms. McIntosh advised that the resources she listed on the first page of the memo showed that there were six different resources. She said that when she goes onto an employer's website, for example Scottsdale's, and looked at their salary ranges, that information was current. She noted that the January 2005 League of Arizona Cities & Towns' salary survey, which was one of the major resources she uses, contains salary ranges as of October 2004. She said that as of July Pt some of the salary ranges might change as Fountain Hills' ranges did and they would have to catch up to them next year. She added that in order to stay competitive with that they kept in mind that even though there was a minimum to the salary range, they did not have to hire at the minimum. They reviewed the applicants' qualifications, years of experience,etc. when deciding upon a salary level. COUNCILMAN ARCHAMBAULT questioned whether this basis was used for every Town employee and Ms. McIntosh stated that the Council in the past had handled the glary ranges for positions such as the Town Attorney,the Town Magistrates,etc. (contract employees). MAYOR NICHOLS commented that the sources were exactly the same and the survey put out by the Arizona League of Cities &Towns was the basis for those salaries as well. COUNCILMAN ARCHAMBAULT asked whether the basis for the Town's population was considered or the Valley. MAYOR NICHOLS responded that they based decisions on the size of the Town. There being no additional comments,the Mayor called for a motion. '410111) Z\Council Packets\2005\R6-16-05\Minutes.doc Page 6 of 18 Councilman Schlum MOVED to approve Resolution 2005-34, repealing Resolution 2004-32 and amending the pay ranges for employees for the Town of Fountain Hills. Councilman McMahan SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED BY MAJORITY VOTE by those present (4-1) with COUNCILMAN ARCHAMBAULT voting no. AGENDA ITEM #14 — CONSIDERATION OF INITIATING A TEXT AMENDMENT TO THE ZONING ORDINANCE TO MODIFY THE MAXIMUM 200-FOOT BUILDING LENGTH LIMITATION IN MULTI-FAMILY ZONING DISTRICTS. Mr. Pickering advised that RICHARD TURNER, the Town's Planning & Zoning Administrator would provide an overview of this issue. He noted that this was strictly about a text amendment, not about a particular zoning case in front of the Town. MR. TURNER stated that on April 7th, the Town Council acted to continue the consideration of a Special Use Permit application for a nursing care facility "until such time as staff brought back the results of their analysis of whether or not an amendment to the Zoning Code was appropriate for Council discussion and consideration." He explained that the request included a building that exceeded the 200-foot maximum building length limit in multi-family buildings. He said that during the Call to the Public, the applicant's representative asked for a continuance on the hearing for the Special Use Permit and asked the Town to look into amending the Zoning Ordinance to clarify the 200-foot building length limit and that was the reason the Council continued the request. He noted that the current Zoning Ordinance limits any building in multi- family zoning to 200-feet in length per an amendment to the Ordinance that took place on July 20,2005. MR. TURNER pointed out that staff had listed some of the longer buildings in Town on a chart attached to the Staff Report and noted that a couple of the buildings were non-residential buildings in multi-family zoning. He said that staff checked with six other jurisdictions to find out whether they limited building length in multiple-family zoning and none of the ones contacted had that particular limitation in place. He informed the Council that there were reasons for placing a 200-foot limit on multiple-family buildings in multiple-family zoning — firefighting was easier, access was easier and the bulk of the buildings were reduced. He added, however, that a 200-foot limit on other types of non-residential buildings in multi-family zoning did not make as much sense. He said that here they were talking about special design considerations for buildings such as churches that might have large congregations and needed large sanctuaries. He added that school buildings that might have functions that required auditoriums also fell into this category because the buildings were longer than 200 feet and nursing homes as well. MR. TURNER stated that staff recommended that the Council initiate an amendment to the Zoning Ordinance to remove the non-residential buildings from the 200-foot length limit. He said that the suggested language for doing so was included in the Staff Report. MAYOR NICHOLS commented that he would entertain a motion to approve a Text Amendment to the Zoning Ordinance. Councilman McMahan MOVED to initiate a Text Amendment to the Zoning Ordinance to modify the maximum 200-foot building length limitation in multi-family zoning districts. Councilman McMahan SECONDED the motion for discussion purposes. COUNCILMAN KEHE stated that there were a number of buildings already located in residential areas that wr were over the 200-foot limit and emphasized that this was just a text amendment, a change to the wording only, and did not apply to any particular case at this time. Z:\Council Packets\2005\R6-16-05\Mi nutes.doc Page 7 of 18 MS. BAXTER advised that four citizens had submitted requests to speak on this item and the Mayor asked them to come forward and present their remarks as their names were called. Elizabeth&Robert Alonzo, 16715 E. El Lago Boulevard Ms. Alonzo introduced her husband and herself to the Council and said that they were full-time residents of Fountain Hills and lived on the corner of El Lago Boulevard and Rio Verde Drive. She stated that they wished to voice their opposition to the construction of a nursing home, a commercial business, in a residential neighborhood of luxury condominiums. She advised that they came to Fountain Hills to enjoy the peace and tranquility it offered and to enjoy the Arizona desert lifestyle. She said that all of this would change in their community if such a project were approved. She requested that the Council consider how a business of this size would impact the entire community. J. Connelly, 16715 E. El Lago Mr. Connelly decided not to speak at this time. Robert Jeffre, 16616 E. Gunsight Drive Mr. Jeffrey said that the condominium he lived in year round was located right behind where the nursing home would be located. He noted that the entire area was residential. He explained that there were approximately 8 other families who were concerned about the project but stated that they had left and were at their summer homes. He informed the Council that they were very opposed to the development of a nursing home at this location and urged the Council to deny the request. Art Ursu,Fountain Hills Senior Care Mr. Ursu decided not to speak at this time. MAYOR NICHOLS reminded the people who spoke that the Council was not voting to approve the building; this was merely a text amendment to the Zoning Ordinance and had nothing to do with approval of a Special Use Permit for the nursing home. COUNCILMAN KEHE asked Town Council Andrew McGuire a hypothetical question regarding a piece of property in a multi-family district and said that if a church wanted to build on the property (with a building design in excess of 200 feet) and the 200-foot application was not changed, what happened to the church. MR. MCGUIRE responded that the question was one that unfortunately they could not get a clear answer t without having a specific application to refer to. He noted that churches carved out an entirely different are.: that would not be applied to a regular use area such as a nursing home or apartment complex. He said that in evaluating the church building they would have to take into consideration the Religious & Institutionalized Person Act. He noted that the application of that Act had been somewhat sporadic, but in the 9th Circuit where Arizona resides, it had been fairly strict in its application that if the design of the building was such that it was a key component or a necessary element of that particular congregation's worship, that the 200- foot rule probably could not be enforced. He added that if it were something that did not involve a basic principle of their religion, they probably could enforce it. He explained that the Act applies to expansions of religious schools in sites,expansion of main congregation halls (in some instances)and it had been applied to prevent a municipality from regulating a certain type of spire,cross or other height regulated items. COUNCILMAN KEHE asked whether it was true that Planning had interpreted this in different ways over the years and Mr. McGuire said he could not say whether there were different interpretations over the years but he could state that they had identified a number of different uses that would be in violation of this particular provision throughout the Town. Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 8 of 18 COUNCILMAN ARCHAMBAULT commented that most of the ones he was looking at were built prior to the change in the ordinance and Mr. McGuire said he believed that most of them were but he could not say Lor with any certainty that all of them were. He added that the change in building length came about because of the multi-family project at Fountain Hills Boulevard and Palisades Boulevard. He noted that the project was built over the span of approximately a year and a half. COUNCILMAN ARCHAMBAULT asked how this pertained to schools (although no additional schools were planned). He said that if this became an issue, he would like to know how that would affect the schools. Mr. McGuire responded that for the first part of the question they would have to presume that they were in a multi-family district, which might or might not be the case, but most of the school sites in Town were R1-43 or one of the other single-family categories. He pointed out that schools enjoyed a great deal of latitude under Title 15 in which they had exemptions from a number of the Town's building standards and requirements. He said that it was an odd quirk of Arizona law that you could build something in another community and has the exemption of legislative power when doing so. He added that school districts had some very specific carve outs and they were somewhat regulated in the Town's regulatory ability over them. He expressed the opinion that a 200-foot long school building would not be an issue. COUNCILMAN ARCHAMBAULT stated that he was on the Council when they voted to put this in place and said he remembered having discussions with Councilmembers and their purpose was they recognized that they had large multi-family lots and they were trying to break them up for aesthetic purposes. He advised that he would oppose the motion. COUNCILMAN SCHLUM requested that staff clarify the intent of this agenda item as well as what it would entail. MR. TURNER responded that this was the first step in the process of review and hearing for a proposed text amendment. He said that if the Town Council were to act tonight to initiate the change, staff would advertise,post, and notice a future public hearing in front of the Planning &Zoning Commission. He further stated that the members of the Commission would make a recommendation on the proposal to the Town Council and they would hold another public hearing on the matter prior to rendering a final decision on the text amendment. COUNCILMAN KEHE said that (hypothetically) if this passes, would it automatically allow structures over 200-feet and what would be the process that would go beyond that. MR. TURNER advised that the only thing the Council was doing this evening was authorizing future public hearings on this question and tonight's approval did nothing to change the Zoning Ordinance. COUNCILMAN KEHE stated that if they went through the process and the ordinance changed, with the maximum building length only applying to multi-family dwellings, if someone came along with a project that was not a multi-family dwelling, was there any way that the project could be approved and, if so, what were the steps for the approval. MR. TURNER advised that the applicant could go to the Board of Adjustment and if they could prove that a hardship existed, they could obtain a variance and put in a building longer than 200 feet. If it was part of a Planned Unit Development (PUD), they could also get a longer building. He concurred that there was a route to follow that would make possible private property rights. COUNCILMAN MCMAHAN said that he has had discussions with staff regarding this issue and he learned that if it went through, in multi-family zoning districts buildings that were for multi-family use would be subject to the maximum building length. He added that commercial structures with a special use of some sort in that same district would not have the limitations of 200 feet. MR. TURNER commented that the intent of the change was to specifically identify multiple-family kw structures/buildings being subject to the 200-foot limitation and other types of buildings in multiple-family zoning were not subject to the 200-foot limitation. Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 9 of 18 COUNCILMAN MCMAHON said that as it currently stands, any structures that would go in this multi- family zoning right now would be restricted to the 200 feet. Mr. Turner confirmed this statement and added except for the items listed by Mr. McGuire. He added that in special zones, a Special Use Permit would be required for multiple-family. MAYOR NICHOLS called for a vote on the motion. A roll call vote was taken with the following results: Councilman Archambault Nay Councilman Schlum Aye Councilman Kehe Aye Councilman Kavanagh Absent Councilman McMahan Aye Mayor Nichols Nay The motion CARRIED by majority vote (3-2)of those present. AGENDA ITEM #15 — CONSIDERATION OF RESOLUTION 2005-32, APPROVING A MUTUAL AID AGREEMENT WITH THE CITY OF SCOTTSDALE REGARDING FIRE AND EMERGENCY SERVICES. Mr. Pickering advised that staff had been working with the City of Scottsdale to ensure that the Town had a mutual aid agreement and said that this was brought about because of the change with Scottsdale's former fire department and their decision to change to a municipal fire department. He stressed the importance of ensuring that both towns had an agreement with each other to provide fire and emergency medical service if needed. He explained that the Town's emergency medical services were changing a great deal, the fire services because they were in a municipal department and they were still contracted. He reported that the agreement had been worked out and already approved by the City of Scottsdale in May. He noted that the next agenda item was a very similar agreement with the Rio Verde Fire District. MAYOR NICHOLS asked for a motion to approve the adoption of Resolution 2005-32. Councilman Archambault MOVED to approve Resolution 2005-32 and Councilman McMahan SECONDED the motion. COUNCILMAN ARCHAMBAULT commented that the agreement was strictly for fire services and the Council would be discussing the.ambulance services at a later date with Southwest Ambulance and Rural Metro. Mr. Pickering stated that the agreement was for emergency services and it was with the City of Scottsdale. He added that the only service they provided (the City itself) was the Fire Department. He said that the ambulance department in Scottsdale was provided by Southwest Ambulance, the Town's same ambulance carriers, and noted that that agreement with the same company was not as important as it was when their Fire Department and the Town's Fire Department were different. MR. MCGUIRE stated that ambulance service was going to be covered in a de facto mutual aid situation such as what the Town had when they had Rural Metro as the fire preventor in Scottsdale. Because it was the same entity that provided service in Fountain Hills and Scottsdale, they would use private resources to back each other up in whatever way they needed to in order to make sure that they met their contractual obligations. He added that Rural Metro was the parent company over Southwest Ambulance and Scottsdale, even if they wanted to, could not provide any kind of an obligation to back up the Town with respect to ambulance services. He said that this probably would not change as long as the CC&Ns were held by one company and there was one backup for mutual aid between the two communities. *I) Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 10 of 18 COUNCILMAN ARCHAMBAULT noted that the Town's contract was with Rural Metro and it would be incumbent upon Rural Metro to make sure they had the "move up" as the contract stated and Mr. McGuire agreed. COUNCILMAN pointed out that the contract for mutual aid that they were voting on tonight was for the City of Scottsdale for fire services. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY by those present(5-0). AGENDA ITEM #16 — CONSIDERATION OF RESOLUTION 2005-22, APPROVING A MUTUAL AID AGREEMENT WITH RIO VERDE REGARDING FIRE AND EMERGENCY SERVICES. Mr. Pickering advised that this was a very similar agreement and explained that the Rio Verde Fire District had assets that the Town might be able to use as far as emergency services. He noted that the Town also had equipment that they could use in Rio Verde but emphasized that they would not be sending all of their equipment, it was limited to a certain amount, as discussed between the two Fire Chiefs. He commented on the good working relationship the Town has with Rio Verde and stated that staff recommended approval of the agreement. Councilman Archambault MOVED to approve Resolution 2005-22 and Councilman McMahan SECONDED the motion. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY by those present(5-0). kw AGENDA ITEM #17 — DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO ADJUST THE 2005-06 BUDGET TO INTEGRATE SENIOR SERVICES, INC. OF FOUNTAIN HILLS INTO THE TOWN'S OPERATION. Mr. Pickering stated that MARK MAYER, the Town's Director of Parks & Recreation, would provide an overview of this agenda item. MR. MAYER said that as the Council was likely aware, at the staff level they had been discussing the possibility of having Senior Services come under the general umbrella of the Town. He stated that the discussions took place with both members of the staff and representatives from the Senior Services Board. He noted that staff believed there was some economy that they could provide to their group that would assist them in providing continuing services to seniors. He added that they as the Town could bring some resources that they either currently did not have or were paying for, such as IT assistance, legal coverage,etc. He explained that the discussion had culminated recently in a unanimous decision by their Board to officially request that Senior Services come under the Town's umbrella. He said that their current governing board would like to continue to serve in an advisory capacity, similar to other boards and commissions. MR. MAYER advised that this evening staff was seeking Council's endorsement to continue those discussions that they believed were going to take a little more time in order to work out some of the final details associated with the operation. In addition, they were seeking recognition on the part of the Council that if the decision were made to move ahead, there would be an impact to both the revenue and expenditure side of the departments to accommodate that move. He stated that information regarding this and the budget they had provided was included in the staff report. COUNCILMAN MCMAHAN commented that their original proposal included $70,000 as a subsidy for Senior Services and asked whether that would be incorporated into this budget. MR. MAYER responded that staff was basically requesting that as they make the transition they would be seeking dollars that they Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 11 of 18 could put back on the expenditure side against the revenue side. He noted that this would negate the need to provide them with the full $70,000 because the Town would be assuming those responsibilities and they woul iclude that under the umbrella for the budget. COt LMAN ARCHAMBAULT said if they moved forward with this, showing that they had $70,000 budgeted for Senior Services and showing now that there would be approximately $100,000 more, how could they adjust for that since the budget could not be increased. MR. PICKERING stated that the Town's revenues in actuality would go up that$100,000 because of the fees that were currently collected by Senior Services. He commented that the money would remain the same and agreed that they could not increase their maximum but what they would do is decrease the grant amount, $1.5 million, which they put in there by the $100,000 so the ending amount of the grant would be $1.4 million. COUNCILMAN KEHE commented on the fact that the past history of Senior Services included significant volunteer work and ;aid without that volunteer work, expenses associated with integration into the Town conceivably could balloon. He stated that he was concerned, although he supported this, that they expend every effort to continue the philosophy of volunteer service. MR.PICKERING concurred that the Town had a fantastic volunteer base with Senior Services and expressed the opinion that that had much to do with the staff that was current at that operation. He said that they would continue to maintain that staff and hopefully maintain that situation. He added that they wanted to ensure that the volunteers were well respected and recognized and that they continued to help the Town provide the needed vital services. He pointed out that this was something that staff would have to continually monitor and if they see the program began to "dip", they needed to put forth the effort to make sure that the volunteer;: were retained. COUNCILMAN KEHE asked whether, in addition to volunteers, certain revenues would still be available, such as the United Way, etc. Mr. Pickering responded that one thing staff was going to do was maintain the 501(3) C designation so that they could continue to collect those types of monies. He added that there would be Friends of the Senior Services that would be maintained and donations could still be collected. COUNCILMAN KEHE questioned whether the financial contributors to Senior Services would continue to contribute once the entity became a governmental function and Mr. Pickering concurred that that was one of the concerns they had going into this and emphasized that the programs needed the Town's help and could not function without it. He referred to the Meals on Wheels program and said that the number of hours involved was tremendous. He added that although government would be taking it over, without citizen help it would be difficult to provide services at the current level. COUNCILMAN SCHLUM commented that the draft budget with the lines out of it appeared to indicate that the additional support would go away from community organizations and noted that Mr. Pickering was stating that perhaps that could continue through a 501(3) C. Mr. Pickering agreed that said that staff did not want to depend on that, they wanted to do a "what if they don't" analysis. He added that with the 501(C) 3 they hoped that the donations would continue because the programs were extremely valuable to the entire community. COUNCILMAN SCHLUM said that if in fact they had a budget (the Town was only going to pay up to a certain amount for certain services) were they not in the same position as the Senior Center services wise as far as the allocation of funds for specific services. He added that the expenditures should not be more than what had been budgeted. Mr. Pickering responded that it should not and explained that staff kept a close handle on that although at times line items did go over. He noted that as the Town Manager he had the authority to shift monies within any divisional budget they had. He pointed out that this was their first year and he would not want to tell the Council that this was exactly what they were going to spend because they Z:\Council Packets\2005\R6-1 6-05\Minutes.doc Page 12 of 18 did not know that for sure as there might be some unknown unanticipated expenses that developed. He said that staff felt comfortable with the estimates and they would carefully monitor this area. COUNCILMAN ARCHAMBAULT stated that he sometimes tended to be an optimist and said he believed that the civic groups that donated to Senior Services in the past would continue to do so in the same spirit as the businesses that stepped forward to fund the Eggstravaganza, the Halloween festival, and other similar events. He added that he was glad to see that they were keeping the 501(C) 3 designation in place. He also emphasized that this was "consumer driven" and just like everything else, as they got into this, the revenues were going to increase. He said that they did a balancing act, some programs participated but did not fully pay for themselves, but others received a little extra. He stated that he was confident that this would go off without a hitch. COUNCILMAN KEHE reiterated the importance of maintaining the volunteer program. MAYOR NICHOLS expressed the opinion that the Town had two major areas of responsibility to the community: 1)to the youth of the community, and 2) to the seniors in the community. He added that credit must be given to those who got Senior Services up and going and made it, and Meals on Wheels, such a success. He said that he believed this was the right thing for the Town to do, ensure that they had continuity as they went forward so that the responsibility for this would lie on the Council and the Town rather than just the largesse of volunteers. He added that the Town would take over the responsibility of ensuring that this would be a continuing program into the future and if additional space was needed in the future, they would not have to go out "hat in hand" in order to obtain it as it became the responsibility of the Council to ensure that adequate space was provided in the future. COUNCILMAN KEHE concurred with the Mayor's remarks and emphasized the importance, utilizing the 501(C)3, to mirror other communities and continue to raise certain funds from the private sector and timpe organizations that towns did not seem to do as well. He said he hoped that they could bridge this and have a good working relationship with Senior Services. COUNCILMAN ARCHAMBAULT also stressed the importance of seeking grants. There were no citizens wishing to speak on this item. Councilman Archambault MOVED to instruct staff to adjust the 2005-06 budget to integrate Senior Services, Inc. of Fountain Hills into the Town's operation and that Senior Services be brought under the umbrella of the Town. Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(5-0). AGENDA ITEM #18 — PUBLIC HEARING REGARDING RESOLUTION 2005-35, ADOPTING THE TENTATIVE BUDGET AS THE 2005-06 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. Mayor Nichols declared the public hearing open at 7:35 p.m. Mr. Pickering advised that the budget had been presented to the Council on two separate occasions, one at a previous meeting as well as at a Work Study as well as individually with Councilmembers to respond to any questions they might have. He added that the budget had been available for review by the public at Town Hall and noted that it was also placed on the Town's website for the benefit of citizens who wished to download it and review it at their leisure. He noted that this was a balanced budget and said that for the first time they had been able to make great capital investments and were able to put money away for future needs. ce He added that they should hear comments from the public and staff will be happy to respond to any questions that may arise. He added that they provided the Council with an update on code enforcement. Z:\Council Packets\2005\R6-16-05\.Minutes.doc Page 13 of 18 Frank Ferrara Mr. Frank Ferrara, representing the Chamber of Commerce and its Tourism Bureau, thanked the Council for the support they provided in the past and said he hoped that the support continued in the future. MAYOR NICHOLS thanked Mr. Ferrara for his comment. There being no additional citizens wishing to speak, the Mayor declared the public hearing closed at 7:40 p.m. AGENDA ITEM #19 — CONSIDERATION OF RESOLUTION 2005-35, ADOPTING THE TENTATIVE BUDGET AS THE 2005-06 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. MAYOR NICHOLS said that as they entered into discussions on the budget, there was one comment about which he would like to ask Mr. Pickering. He noted that there had been many concerns expressed by residents of the Westridge development located off of Palisades about a deceleration lane in order to negate the safety hazards in that area. He stated that he thought they had $30,000 in the budget to construct the deceleration lane but said it was not there. There is only $5,000 budgeted for this. The Mayor said this concerned him and asked whether the full $30,000 could be allocated for the deceleration lane. MR PICKERING advised that staff was aware of the residents' concerns and agreed with the importance of ensuring that the area was a safe one and that a turn lane was added. He explained that the situation was not that the funds were not in the budget, but rather staff had looked at how long it would actually take to construct the lane. He commented on the large number of utility lines that exist at that location and stated that they would have to survey and expand the easement and move those utility lines. He noted that by the time they went through that process, as well as drew up the plans, staff anticipated that it would be approximately one year from now. He stated that staff made a conscious decision to put that item in the Capital Improvement Plan for next year. He added, however, that they did have some flexibility and if for some reason they were able to more the project along more quickly,the project could begin before the end of the fiscal year. He emphasized that the project was going to be done; it was just a matter of how long it took to pull all of the necessary plans together. COUNCILMAN MCMAHAN stressed the importance of moving as expeditiously as possible on this project. MAYOR NICHOLS added that Councilman Kavanagh asked him to bring up the issue of the Public Information Officer in the budget. He said that Councilman Kavanagh would like to Council to consider changing that position to not make it a Public Information Officer, but rather upgrade it to the higher-level position of Assistant Town Manager. He said that his reasoning was that the worst years this Town had were the years when they had four temporary Town Managers and stated that there was no backup for Mr. Nordin. He explained that part of the program for succession planning was to hire someone who would carry out all of the duties currently slated for the Public Information Officer but the person would also possess the skill level necessary to assume the responsibilities of the Assistant Town Manager at the same time. He added that this would provide protection should Mr. Pickering decide to accept a position someplace else. He commented on the fact that Town Managers did move around and if they limited themselves to staying in the same town, it was difficult to gain significant increases in a career. He commented that he would not be surprised if three or four years down the road the Town was looking for a new Town Manager because of a voluntary move and noted that that was possible. COUNCILMAN MCMAHAN advised that he supported Councilman Kavanagh's position and said that the viti) Assistant Town Manager should possess some press writing skills and added that Mr. Pickering was very good in this area. Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 14 of 18 COUNCILMAN ARCHAMBAULT asked Mr. Pickering whether that was a "doable situation" and said his point was that they would need to find someone with the necessary skill level to carry out both Public Information and Assistant Town Manager responsibilities. Mr. Pickering responded that it would be a difficult position to recruit for but added that if they got someone at that level they were going to have the experience necessary to complete the communication plans and things like that contained in the existing job description. He advised that the current need was in the communications area and emphasized the importance of having someone properly carry out that important responsibility. He agreed that if he left or was sick, the Town would not have anyone to fill his shoes and this posed a risk. COUNCILMAN ARCHAMBAULT asked Mr. Pickering if he would be comfortable if the Council hired someone to fill the joint responsibility position and he responded that he would be. COUNCILMAN KEHE, speaking to Mr. Pickering, said that one year ago when he first sat on the Council, the position of an Assistant Town Manager was proposed. He said that at that time he asked Mr. Pickering specifically to outline what he perceived as the duties of an Assistant Town Manager. He stated that there were approximately 15 to 20 duties raised. He added that at the Council Retreat he brought up the possibility of an Assistant Town Manager and he thought he was going to get "the bum's rush," as his suggestion did not receive any support at the retreat. He said that at the retreat they did come up with goals, one of which was to establish a Public Information Program as well as a Grant Writing Program. He noted that the objectives were to provide accurate and timely information to keep the public well informed and to approve an appropriate structure and recommendation to establish a Grant Writing Program. He commented that without the services of a Grant Writer, the Town could not obtain available funding. He said that what bothered him about this was that he thought public information and grant writing were going to be buried and added that he could not conceive of the training and experience of a potential Town Manager in the event that something happened to Mr. Pickering. He noted that the Town Manager's skills differ greatly than those used in public information and grant writing. He added that it seemed to him if they hired an Assistant Town Manager,they were going to have to pay that person at a much higher level than a Public Information Officer Val." and Grant Writer. He commented that he was willing to support this if he could obtain assurance that they were not going to go against their own goals and emphasized that that was the purpose of conducting retreats. MR. PICKERING responded that he had the same concern and said it was a matter of finding someone with the skill set that could manage the communication aspect, the public information aspect, and grant writing, while still performing at a higher level and taking on significant responsibilities. He advised that they would go through the process and if they found someone with that particular skill set they should hire that person and if they didn't, he would probably come back to the Council and recommend that they just move ahead with more of a communications person. He stated that he had tried to hire that type of person before and it was difficult. He added that he would keep the Council updated on his recruitment efforts. MAYOR NICHOLS stated the opinion that they should shoot for the higher level but agreed with Mr. Pickering's comment that if they did not find it, they did not force the issue. MR. PICKERING commented that he too wanted to focus on communications and expressed the opinion that it was crucial. COUNCILMAN KEHE noted that an informed public was very important in a democratic process and stated that they needed a person with definite skills in that arena. He added that the Town did not have someone with the time, expertise, and skills to apply for grant money and emphasized the importance of proceeding in that direction as well. COUNCILMAN ARCHAMBAULT said that Mr. Pickering brought up a very good point and he thought he heard some hesitation in Councilman Kehe's voice as to whether they would be able to find such a person. He stated that he too would express the concerns of the Council and urged Mr. Pickering not to lose sight of the public information/communication/grant writing needs. Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 15 of 18 MAYOR NICHOLS commented that the Council wanted to give Mr. Pickering the tools to get the job done and as much flexibility as possible. COUNCILMAN ARCHAMBAULT urged the Council not to wait too long to accomplish this goal and if they did not find someone in the near future, they should look to hiring a Public Information Officer. COUNCILMAN SCHLUM asked where the role of the Strategic Plan implementation would lie and Mr. Pickering responded that it would likely fall on this person as well. He added the opinion that there would be two main responsibilities that came out of the Strategic Plan, 1) implementing the Town's capital plan if the residents approved; and 2) continually informing the residents about the plan and keeping it in the forefront. He agreed that communication would be very important because once the residents had identified the things that they wanted;they would want to see action take place. He commented that he could not say that the new person would be a"superman"and perform all of the different functions but he did know what the focus was, namely communication. MAYOR NICHOLS asked whether Mr. Pickering wished to discuss his study of Code Enforcement at this time. MR. PICKERING advised that the Council, at the last meeting about the budget, gave specific direction to the staff to conduct an overview of the Code Enforcement services and asked whether it would be helpful to add another Code Enforcement Officer. He noted that Richard Turner conducted the study and they found out that they now cover approximately 1,000 cases. The addition of another officer would allow them to increase their caseload by approximately 500. He said that they needed the most concentration on weekends and said sometimes the schedules could be balanced to provide weekend coverage, but this was not always the case. He added that the addition of another office would allow them to cover the weekends in addition to increasing their caseload. He noted that they would be able to be more proactive rather than reactive and reported that in order to be fully proactive they would need to hire three additional officers. He expressed the opinion that this would be a good interim step and commented that over the next 10 to 15 years they were going to see a transition where they go from a heavy building department to a need for maintenance. He said that he envisioned transferring some of the building department employees over to more of a Code Enforcement role in the future. He reported that the dollar amounts for the position were included in the budget and it was possible to proceed with the hiring of an additional officer. MAYOR NICHOLS stated that it was the consensus of the Council that staff proceed with the hiring of an additional Code Enforcement Officer. The Mayor thanked staff for their research and report. Councilman Archambault MOVED to approve Resolution 2005-35, adopting the Tentative Budget as the 2005-05 fiscal year budget for the Town of Fountain Hills. Councilman McMahan SECONDED the motion, which carried unanimously by those present(5-0). AGENDA ITEM #20 — DISCUSSION OF THE COUNCILMEMBER REPLACEMENT/APPOINTMENT PROCEDURE AND THE ROTATION OF THE VICE MAYOR POSITION WITH POSSIBLE DIRECTION TO STAFF. Mayor Nichols stated that he would like to begin with the Vice Mayor rotation and recommended that the next person in line to be Vice Mayor, Councilman Schlum, be assigned the balance of former Vice Mayor Nicola's term. Councilman Archambault stated that this would be very appropriate and agreed with the Mayor's comments. He stressed the importance of having a Vice Mayor In place when the Mayor was out of Town or unavailable. Z:\Council Packets\2005\R6-I6-05\Minutes.doc Page 16 of 18 Councilman Kehe MOVED that the actual induction take place at the next meeting on June 1e. Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY (5-0). Mayor Nichols said that they would now discuss the Councilmember replacement/appointment procedure. Mr. Pickering provided a brief overview of this agenda item and noted that the Council had great flexibility as far as what they could do to select a new Councilmember. He noted that they were not subject to a timeframe and they could fill the appointment in whatever fashion they chose. He said that there were obviously several different options, some of which had occurred in the past. He commented that this was a very unfortunate process that they had to go through and one they did not expect. He noted that staff was there to carry out the desire of the Council in this regard and added that they would carry out any procedure selected by the Council from among the various options. COUNCILMAN KEHE expressed the opinion that there was no need to rush on this matter and said he believed they would appreciate time for mourning out of respect to Vice Mayor Nicola. He added that they were an at-large body so it was not like a district that was being left without representation. He agreed that it was appropriate for them to establish a process this evening, but said that the actual implementation of the process should be postponed. He noted that if they found a definite need existed,they could always expedite the process. COUNCILMAN MCMAHAN recommended that sometime in July they advertise the position, receive resumes,conduct interviews, and schedule appointments as they do with other boards and commissions. The Mayor explained that the resumes would be reviewed in Executive Session and brought forward recommendations for those to be interviewed. He added that the chosen person would be seated sometime in September. COUNCILMAN SCHLUM commented that he appreciated Councilman Schlum's comments and agreed that there was no rush to fill the position. Bruce Tominello,16208 Sunrise Drive Mr.Tominello decided not to speak at this time. Janice Lee, 15318 E. Hillside Drive Ms. Lee addressed the Council and said that she previously brought forward a suggestion as to how to appoint commissioners. She stated that tonight, after listening to some of the discussion, she decided to re- present her suggestions. She noted her previous experience as Mayor and Vice Mayor in Los Angeles County. She extended her sympathies to the Council and to the family members of Vice Mayor Nicola. She added that despite the sensitivity of this time, the Council must recognize its responsibility to the community to be transparent and make the invitation open for those who wished to step forward and volunteer for this under-paid, over-worked position. She stated that it was important to remember that as leaders of the community, their responsibilities were tremendous but they also must be apparent to all members of the community so that they understood the Council's rationale for selecting someone to assume the role. She once again suggested, with all due respect, that the process be one in which they advertise, allow people to come forward and submit their resumes and then agendize, at a public meeting, so that all of those who applied could come before them and the citizens and they could hear the quality and talent they could bring to the position. She added that the voting should be public and said that this was the democratic way and she supported governments that serve the people in open, honest ways. She urged the Council to allow the citizens to participate in the process and indicated her intention to throw her hat into the ring but said that iiime was not her reason for being there this evening. MAYOR NICHOLS thanked Ms. Lee for her comments. Z:\Council Packets\2005\R6-I6-05\Minutes.doc Page 17 of 18 MAYOR NICHOLS said that they would proceed with the general direction as provided by the Council. In response to a question from the Council, Mr. McGuire State law does not require that all personnel matters *igi) be discussed during Executive Sessions. He said that Executive Sessions were the privilege of the Council to be able to discuss certain matters behind closed doors. He added that the person being discussed also had the ability to request that the discussion be conducted in public. He stated that there were a number of different ways to handle the situation. AGENDA ITEM #21 - COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. There was no discussion. AGENDA ITEM #22 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. None. AGENDA ITEM#23-SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER Mr. Pickering advised that staff would research the parking agreement as previously discussed and talk to the Doctor about his medical campus idea. AGENDA ITEM#21 -ADJOURNMENT Councilman Archambault MOVED that the Council adjourn and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY. The meet' g adjourned at 8:12 p.m. TOWN OF FOUN AIN By /4i Wao s, ayor ATTEST AND . PRE ARED BY: / i 0//a/ las Bevelyn J. nde.Town Clerk 1`- ._ CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session held by the Town Council of Fountain Hills on the 2nd day of June 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of June 2005. 14 Bevelyn J. Ben r, wn Clerk Z:\Council Packets\2005\R6-16-05\Minutes.doc Page 18 of 18