HomeMy WebLinkAbout2006.1114.TCWSM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK STUDY SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
November 14, 2006
AGENDA ITEM #1— CALL TO ORDER AND ROLL CALL
Mayor Nichols called the meeting to order at 5:40 p.m.
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice
Mayor Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember
Archambault and Councilmember Dickey. Town Manager Tim Pickering, Town Attorney Andrew McGuire and
Town Clerk Bev Bender were also present.
AGENDA ITEM #2 — DISCUSSION OF CHANGING THE CURRENT ELECTION CYCLE FROM
MARCHIMAY (SPRING) TO THE SEPTEMBER/NOVEMBER (FALL) ELECTION CYCLE.
Town Manager Tim Pickering informed the Council that Town Clerk Bev Bender has put together information
relative to this agenda item. He noted that Ms. Bender served as the Town's Chief Election Official and would
highlight a brief presentation on this subject. He noted that this issue previously came before the Council and
staff was asked to review it and provide additional information for the Council to review.
Ms. Bender addressed the Council and stated that they had before them a comprehensive list of pros and cons
relative to changing from a Spring (March/May) election cycle to a Fall (September/November) election cycle
and the indirect impacts of doing so. Such a change would benefit the Town by (i) providing for
Councilmember continuity throughout the fiscal year budget process and (ii) providing for a reduction in
election costs on a consolidated ballot. She noted that Town Attorney Andrew McGuire had provided a memo
to the Council regarding the legal aspects of such a change but noted that there are some other considerations.
The following facts were presented:
Maricopa County, State and Federal Elections were held on the Fall election cycle in even years and so were the
Fountain Hills' Unified School District elections. The Fountain Hills Sanitary District held elections during the
Fall but in odd years and the Town of Fountain Hills held elections in Spring in even years.
Cities' and towns' original incorporation dates played a major role in determining their initial city or town
election cycle. Maricopa County currently was unable to conduct an all mail election. If that were a future
consideration, the Town would be unable to conduct an all mail election due to the consolidated ballot held in
September and November elections. The Town's budget process begins in January/February of each year with
the Council Retreat. However, extensive Town information is provided to the Council Candidates during an
election year, which the current seated Councilmembers review, discuss and revise during public process until
the approval of the final budget. In the past, Mayoral and Council Candidates offered suggestions and opinions
during the public meetings held throughout the budget process. The Town's current Spring election cycle has
newly elected officials taking office at the first Council meeting in June after the conclusion of public budget
discussions. Newly elected Councilmembers were then asked to approve a budget at their first Council meeting
prepared by staff under the direction of previously seated Councilmembers. If the election cycle were changed
to the Fall election cycle, newly elected officials would take office in January and would have taken part in the
Council Retreat, which provided direction for the new fiscal year budget.
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Ms. Bender further stated that a comparison chart was provided that illustrates the various election deadlines
associated with each election cycle, based on the 2006 elections. Various deadlines for the Spring elections
span November through May and the Fall elections cover May through November.
Ms. Bender outlined the pros of changing the election cycle to September/November as follows:
• The Council that began the budget process would follow the entire process through from beginning to
end. There would be no loss of Councilmember continuity and participation during the budget adoption
process;
• As campaigning for Countywide, Statewide and Federal elections is significant, an increased voter
turnout is anticipated since elections are issue driven and impacted by the public's interest on ballot
issues and the candidates.
• The Town's highest percentage of voter turnout was in May 2003 at 43% (recall election). The 2002-04
November General Election percentage of voter turnout was 56% and 77% respectively.
• There would be a reduction in election costs to the Town. A consolidated election cost at this time is
$.15 per active registered voter for the Primary Election ballot and $.31 per active voter for the General
Election ballot. The cost of early ballots is included in the price per voter. The independent election
cost is $.78 per active registered voter. In a consolidated election, there is NO charge for the
mailing/processing of early ballots; however, there is a $1.47 per early ballot mailing/processing charge
in an independent election. A comparison of the cost of the Town's independent March 2006 Primary
Election vs. the projected cost of a consolidated election, indicated there would have been a savings of
approximately $12,000.
• Maricopa County personnel may provide on -site early voting assistance to citizens (33 days prior to an
election) if a location within Fountain Hills was designated an early voting satellite location. Fountain
Hills' voters would be able to utilize all Maricopa County -wide early voting satellite locations.
• There would only be two Town elections held every two years unless special elections were held as
State Statute mandates elections are to be held on only four consolidated dates.
Ms. Bender also outlined the cons of changing the election cycle to September/November as follows:
• Opens Town politics to possible partisanship influences, as Town elections would occur with the
partisan Primary and General elections.
• Recruiting poll workers has always been a reoccurring challenge. However, for the Fall election cycle,
election officials need to have their polling staff assigned prior to the Labor Day holiday for the
September/November elections and vacations become an issue as most people have not yet returned.
• There is less flexibility in ballot layout. Town issues would compete with other County, State, School
and Federal issues and candidates for placement on the consolidated ballot and for the attention of the
voter.
• Ballot space restrictions would allow for only taglines on Town issues rather than full ballot text,
depending upon the volume of offices and issues being voted on.
• The length of a consolidated ballot during a Countywide, Statewide or Federal (Governor/Presidential)
election year may dissuade voters from completing the ballot. County election officials anticipate that a
minimum of two ballots will be needed for future General Elections as the English and Spanish ballot
text must be combined on the same ballot.
• House Bill 2576 (approved in the 2006 Arizona Legislative Session) requires that all bond elections be
held on the November consolidated election date.
• Senate Bill 1557 (approved in the 2006 Arizona Legislature Session) indirectly impacts city and town
elections by possibly delaying results of city and town candidates and issues when consolidated on a
Countywide or Statewide ballot, as the County election official must do a manual hand count of at least
two percent (2%) of the precincts or two (2) precincts, whichever is greater. That is if any Fountain
Hills' precincts were chosen. This requirement does not apply to independent city and town
elections at this time.
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• The Maricopa County Elections Division may take longer to provide the election results to the Town in
consolidated Countywide, Statewide or Federal elections as multiple jurisdictional election results are
processed. Therefore, results may not be available as quickly as in a stand-alone "Town" election.
Final results would be provided to municipalities upon completion of all ballot tabulations. During a
consolidated General election, there is a possibility that the receipt of municipalities' "official" election
results could be delayed, depending upon the volume of ballots to be processed, up to twenty (20) days
as provided for under State law.
• There is less flexibility with the breakdown of election result reports received from the County in
consolidated elections.
• Early voting satellite locations and Election Day voting locations are determined by Maricopa County
Elections. Unless the Fountain Hills' Town Hall was specifically designated as an early voting satellite
location, Fountain Hills' citizens would have to travel outside of Town to cast an early ballot. However,
requesting an early mail ballot would remain an option for voters.
• There is the possibility of additional political signage, in support of local, County, State and Federal
candidates and ballot measures.
• Potential conflict with other taxing districts wishing to enact taxes at the same time as the Town.
Ms. Bender stated that there are also indirect impacts to consider as follows:
• The Council would have to determine how Councilmembers' terms as well as the Vice Mayor Rotation
should be altered for the transition year.
• A change in the election cycle would require an ordinance amending a section in the Town Code
(Elected Officers), (Assumption of Duties) and would require adding a new section regarding election
dates.
• Candidates and political committees supporting or opposing propositions could incur increased costs for
campaigning (supply and demand).
• An increase in voter turnout would increase the number of signatures required on petitions to place an
initiative, referendum and recall on the ballot as well as the number of signatures required on
nomination petitions to become a Mayoral or Council candidate.
• Senate Bill 1041 which requires cities with a population of 175,000 or over to hold their regular
candidate elections on the Fall consolidated ballot. Chandler, Mesa and Scottsdale are three cities that
recently were moved from the Spring election cycle (even years) to the Fall election cycle (even years)
and are now consolidated on Maricopa County's Fall ballot (even years). In the future, as the various
cities' populations increase, additional cities will be required to change to the Fall election cycle.
Ms. Bender advised that in summary, this is a policy decision to be determined by the Council. Staff
respectfully requests that the Council carefully assess the pros, the cons and contemplate the indirect impacts of
changing to a Fall election cycle. If the Council was looking to provide for Councilmember continuity through
the fiscal year budget process and provide for the reduction in election costs through a consolidated ballot, Staff
recommended that the Council favorably consider changing to the September/November election cycle.
Councilmember Archambault raised the issue of less flexibility on the ballot layout and noted that there were
quite a lot of issues on November ballots but in the Primary, where they would conduct basic Councilmember
elections, they were generally just looking at candidates. He said that the only trouble he would envision would
be in a runoff election and asked if that was correct.
Ms. Bender concurred with Councilmember Archambault's comments and said that there would be more space
on the Primary ballot and that was where the Town would place their candidates (September) with a runoff, if
required, held in November. She confirmed that property tax elections could only be held in May.
Councilmember Archambault also pointed out that if they chose odd year elections, they would not save on
election costs but would have less of a ballot. He said that his goal is to get everyone on board with the budget
process.
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Mr. Pickering commented that there was less voter turnout in odd numbered years.
Councilmember McMahan asked if the County officials anticipated ballots would be extensive and she
responded yes, particularly for General elections (due to English/Spanish translation requirements).
Councilmember Dickey stated that if turnout was going to be an issue, they should probably stick with the even -
numbered years.
Discussion ensued relative to the on -going problem associated with recruiting poll workers; the fact that they are
required to have someone who speaks Spanish present at the polling sites; the fact that Proposition 205 that
would have required all mail -in ballots was not passed by the voters; the goal of getting the budget in tact and
increasing voter turnout as much as possible, and the possibility (if the Town went to the November General
election cycle) of being "over -shadowed" and losing the small town election attention.
Councilmember Leger expressed the opinion that having a "spotlight" on local elections was extremely
important and added value to the process. It also emphasized Fountain Hills' small town character. One of his
largest concerns about the list was that he had always thought that a local election being non -partisan was a very
positive thing. It brought people into the race that might not otherwise participate. He expressed concerns that
if they get into the National and State environment, the races would become partisan and adversely affect citizen
candidates. He added that if they did get involved in Fall elections, it was very possible that early voting would
not occur in Fountain Hills should the Town not be selected as a satellite voting site. He said that there were a
lot of positives about staying local. He added that having just gone through the process, he felt that he was well
prepared as a Councilmember to make budget decisions. Staff had done a good job of bringing him up to speed
and he would hope that anyone elected to those positions would have the background necessary to take on this
challenge. He said that the only thing to his disadvantage was the "group dynamics" and added that it took a
while to get into that particular play. If they brought someone into the Retreat in January, which was a
significant time to start looking at priorities that would have an impact on the budget, he thought that someone
would be at more of a disadvantage as a new Candidate versus someone who had six months "in the trenches"
prior to the Retreat.
Councilmember Dickey commented that unfortunately partisanship was already starting to happen and stated the
opinion that she did not believe it would change that much. She had ran for School Board twice, in the Fall, and
had not seen a significant difference at that time but acknowledged that it has come more into play everywhere.
She would not oppose the November election based on that aspect. Her biggest problem with this was that she
had a friend who was running for Mayor in Peoria who had been twelve (12) votes behind for a week now and
she had no idea what the outcome would be. She said that delayed results was a big issue and as long as people
could bring their vote by mail ballots into the polling places on election day, the wait could be something they
would have to cope with.
In response to a question from Councilmember Archambault, Mr. Pickering advised that if a November runoff
election were held, those elected would not be seated until January.
Mr. McGuire explained that the wait would be more of a function of convenience than actual law. In order to
get the election completed, the votes canvassed and the members sworn in, all of that timeframe "trickles" into
the holiday season and was typically when Councils took time off. So as a matter of function, the actual date of
assuming office was pushed to January for a smooth transition. He added that he did not believe there was legal
impediment to seating members in December if that was something the Council would prefer.
In response to a question from Councilmember Leger, Mr. McGuire advised that if the Town of Fountain Hills
decided to go to all mail ballot elections they had the ability to do so. He noted that the City of Surprise moved
to all mail ballot elections a couple of elections ago. He reiterated that all mail elections could not take place in
the Fall.
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Additional discussion ensued relative to the fact that all mail ballots have increased voter turnout; the driving
force to get new Councilmembers on board to address budget issues as soon as possible; the possibility of
looking at the Town's budget process to help bring people (candidates and Council) up to speed; the fact that
after the annual Retreat, there was not a lot of budget discussion that took place between staff and Council until
they started looking at a draft budget, and the importance of focusing on local elections/issues and great
opportunity to focus and heighten voter awareness with a Spring election cycle rather than moving to a Fall
ballot particularly in view of all of the propositions and issues that might be included on a General election
ballot.
Councilmember Archambault said that although the last election went very smoothly, when he took office four
and a half years ago, there was a lot of turmoil and uncertainty even in looking at the budget since the Town was
in a crisis at that time. He said he asked Mr. Pickering whether the budget process could be moved back -- begin
in November -- and unfortunately, due to timing requirements for Ms. Ghetti to work out her projections, and he
had learned that the process could not be moved back. He added that he then started thinking about moving the
elections to the Fall. He discussed issues the Council had with that suggestion, including the fact that new
Councilmembers would have to live with a budget that was already in place but said that he did not view that as
a problem.
Councilmember Archambault stated that the only Town issue that would go on a November ballot would be a
runoff election if one was required and said that he did not think this is a big issue. He said that he heard
complaints this year from voters who were tired of going to the polls and expressed the opinion that if the Spring
elections were eliminated, more voters would go to the polls because there would be other important issues such
as voting for State Representatives, etc. on the ballot as well. Voter turnout would increase and he did not
believe they would lose the "home town feeling" or get into partisan politics if they changed to a Fall election
cycle.
Councilmember Leger commented that as far as the partisan aspect, he was not implying that the candidates
would get into that area, he was simply saying that when you look at Fall elections every two years, State and
Federal elections, the climate was partisan politics. The culture that surrounded those elections was partisan.
He stated the opinion that had an adverse affect on a small community that had a non -partisan culture
surrounding their elections.
Mayor Nichols noted that that did not happen with the School Board elections and said that served as a
testimony to the fact that you can maintain a local presence and a small town atmosphere. He said he believed
that they could continue to maintain the small town atmosphere if they chose to conduct elections in September
and November. Time and time again he had heard newly elected Councilmembers say that they wish they had
more time to study the budget and the Fall elections would solve this problem. The Mayor said he wanted to
ensure that the Council felt comfortable participating in the budget process and if it helped them by allowing
them more time in office before delving into the budget process, then he supported moving to the Fall election
cycle.
Additional discussion ensued relative to the School Board's over -ride election and the fact that many citizens
complained that the issue got lost in the massive ballot; Councilmember Leger's opinion that adding candidates
to the ballot would only enhance that problem; the fact that the Council decided upon the budget at the first
meeting in June; the fact that the issue was not when the budget was passed but rather the timing of setting the
direction of the budget; the importance of allowing staff time to conduct cost research; the fact that the budget
was presented in May and that was when the Council typically debated and prioritized the items that were going
to be in the budget; the new Councilmembers were presented the budget and required to carry out the priorities
that had been set; the fact that the Town was very fortunate to have the current political climate that exists, and
the importance of "setting the direction'.' of the budget.
Councilmember McMahan commented that when he ran as a candidate Mr. Pickering had done an excellent job
of bringing him up to date on the budget and he had no problems adjusting to it at all. He said that he agreed
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with Councilmember Leger and Councilmember Schlum that they should leave the election dates as they
currently stand. He expressed concern that Town issues would get buried among national and State issues.
Vice Mayor Kehe expressed the opinion that local government was the government that is closest to the people
and so he believed they should highlight local elections rather than mix them in with County, State and national
elections. He said that to do so would diminish the local elections. He discussed the 2008 election and stated
that it would be huge and he would not want Fountain Hills' issues mixed in with everything else that was going
to come forth. He noted that 39 towns and cities still conduct Spring elections and said there must be reasons
why they continued that process. He found that the "working budget" came to the Council and the Candidates
about the same time so there was every opportunity for a candidate or newly elected Councilmember to study
the budget and develop positions.
The Vice Mayor added that former Councilmember Kavanagh's position was that the people who were
impacted by the budget should make the decisions and he said that he agreed with him. They had the potential
every two years for four changes on the Council and so if a "lame duck" Council made a decision on the budget,
they had to live with it. He stated the opinion that the new Council should make that decision. He said that
there were better ways to deal with voter apathy, such as enhancing voter participation. He stated that the
overriding principle that he was concerned with was that local elections should be highlighted. He added that
even if they changed to Fall elections, members would be elected in September or November, take office in
January and would still have to take a position on budget direction in February, so the same type of situation
would exist.
Councilmember Archambault stated the opinion that going to odd -year elections could solve a lot of the issues
that had been raised. He added that there was a big difference if they go to a Fall election and seat the
Councilmembers early in the budgeting process because there was a buy in and a discussion period. Candidates
elected in the Spring did not have that opportunity. He said that they could maintain the "small town feel" if
they moved to odd years, which several municipalities have done, and it would give the Town a chance to "get
their feet wet" and they wouldn't be "spring -boarded" on top of national and mid-term elections. He added that
they would lose the election cost savings but he believed that they would still get the same amount of people out
to the polls as they would with a May election.
Councilmember Dickey said that she would be amenable to maintaining the March/May election cycle or
changing the election dates to odd years in the Fall. She noted that this would not address the voter turnout issue
but if they decided to do an all mail ballot election, they could do that during the odd -numbered Fall election
years and perhaps they would save money. She stated that if they continue to hold Spring elections, they should
consider conducting all mail ballot elections to increase voter turnout. She said that by the time she had to vote
on the budget she felt that she owed a great deal of respect to the process that had already occurred before her.
To get very involved in the budget process as a candidate is commendable but not always possible.
Vice Mayor Kehe commented that there are those who would say when newly elected Councilmembers take
their seats, they do not have to take a back seat to anyone.
Councilmember Leger noted that currently the Town holds both a Primary and if needed a General Election and
questioned whether that process was mandated. He asked if it would be possible to change the process and hold
a single election and elect the top vote getters rather than go through a two-step process.
Town Attorney Andrew McGuire replied that his question was one that was recently circulated on a "list serve"
utilized by all of the attorneys in the State. Of the 30 or so responses to the question only one city was
considering going to such a method and none of the survey participants were utilizing that system. He said that
he could explore whether that was a legal option for the Town to consider. Tempe had done extensive research
on the issue and that information could be obtained.
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Councilmember Leger stated that if they did conduct a single election, candidates would know the results early
on and could become engaged earlier in the process. He added that there might also be some cost savings
realized. He said that he would like this matter to be researched.
Mayor Nichols pointed out that when considering an all mail ballot election for Fountain Hills, they must first
consider the fact that the voters of Maricopa County significantly defeated the issue during the November
election.
Additional discussion ensued relative to all mail ballot elections; Mr. McGuire's belief that turnout for turnout
sake was not necessarily a better election, a more informed turnout was a better election, and the fact that
citizens have fraud concerns regarding all mail ballot elections.
Mayor Nichols stated that he was not hearing an overwhelming consensus or mandate from the Council to
change from the current election cycle. He added that Mr. Pickering and Ms. Bender did a good job putting all
of the facts together but he believed he was hearing that the issue should sit for a while and not be acted upon at
this time.
Councilmember Leger requested that staff be directed to further research the option of holding only one election
rather than a Primary and if necessary a General Election in the Town. Additional discussion ensued relative to
this issue and Mr. McGuire advised that he would follow up on that matter with the new City Attorney in Tempe
and report his findings to the Council.
AGENDA ITEM #3 - ADJOURNMENT
Councilmember McMahan MOVED to adjourn and C
which CARRIED UNANIMOUSLY (7-0). The meetin
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CERTIFICATION
HILLS
er Archambault SECONDED the motion,
at 6:46 p.m.
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 14th day of November 2006. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 7`1' day of December 2006.
/&Vv,
Bevelyn J. Be er own Clerk
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