HomeMy WebLinkAbout2007.0517.TCREM.Minutes •
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE
Coe FOUNTAIN HILLS TOWN COUNCIL
May 17,2007
CALL TO ORDER
Mayor Nichols called the meeting to order at 5:00 p.m.
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION
ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor
Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum,
Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager
Tim Pickering and Dave Latishaw were also present. (Mr. Latishaw was present for the evaluation portion of
the meeting only.)
VOTE TO GO INTO EXECUTIVE SESSION - Pursuant to §38-431.03(A) (1). For discussion of
employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a
public 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 twenty-four hours for the officer,
appointee or employee to determine whether the discussion or consideration should occur at a public meeting.
(Specifically, (a) the Town Manager's 2007 performance evaluation and(b) the review of applications received
from Planning and Zoning Commission candidates for one vacancy on the Commission.) and (ii) Pursuant to
§38-431.03(A)(4), For discussion or consultation with the attorneys of the public body in order to consider its
position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of
cenegotiations, in pending or contemplated litigation or in settlement discussions conducted in order to a void or
resolve litigation. (Specifically, a possible license agreement with MCO.)
Councilmember Archambault MOVED to convene the Executive Session and Vice Mayor McMahan
SECONDED the motion, which CARRIED UNANIMOUSLY(7-0).
Councilmember Schlum MOVED to recess the Executive Session and reconvene it after the Regular Session
and Vice Mayor McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(7-0). The meeting
was recessed at 5:55 p.m.
RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Nichols called the meeting to order at 6:31 p.m.
• INVOCATION—Pastor Ewen Holmes of the Fountain Hills Presbyterian Church
ROLL CALL—Present for roll call were the following members of the Fountain Hills Town Council: Mayor
Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember Schlum,
Councilmember Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager
Tim Pickering, and Town Clerk Bev Bender were also present.
Mayor Nichols stated that there were some people present who indicated they wanted to speak about the Senior
(bybudget under Item #9 on the regular agenda. Mayor Nichols noted that Item #9 deals with establishing the
maximum amount for the Fountain Hills budget for Fiscal Year 2007-08 (establishing the maximum amount)
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and explained that the Council must do so in accordance with State law. He advised that the Council would not
be entertaining any individual comments from citizens on the budget under that agenda item because the
Council would not be discussing budget line items. He advised that a public hearing on the budget was
scheduled for June 7th and said that at that time, citizens may fill out speaker cards, submit them to the Town ,4110
Clerk, and present their comments/requests to the Council relative to items contained in the budget. He added
that the Council had the authority to increase different line items in the budget as long as something else in the
budget was reduced in order to make up the cost difference. He said that the maximum amount the Council was
going to discuss this evening did not preclude items from being increased or decreased following the June 7th
public hearing as long as the maximum amount was not exceeded. The Council did have the flexibility to
"move things around" and he encouraged the citizens who came to speak on this item to present their remarks
under the Call to the Public agenda item. He also encouraged the citizens who wished to discuss increasing the
amount of the Senior's allocation to attend the June 7th meeting and again present their views.
• MAYOR'S REPORT
(i) None.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Department Division informational overview of services provided—Street Division/Ken Kurth.
Town Manager Tim Pickering stated that staff periodically provided overviews of the different
departments/divisions for the benefit of the Council and the citizens. He said that Streets Superintendent Ken
Kurth would provide a presentation on the Street Division.
Mr. Kurth addressed the members of the Council and highlighted a brief PowerPoint presentation outlining the
responsibilities of the Street Department. (The PowerPoint presentation on file in the Town Clerk's office.)
Mr. Kurth noted that the Street Department had ten dedicated employees who were responsible for the
maintenance and repair of over 170 miles of roads. He outlined their varied responsibilities in the areas of the
following:
• Asphalt Repair
• Asphalt Maintenance
• Right-of-Way Maintenance
• Special Projects
• Traffic Studies
• Traffic Calming
• Traffic Control for Special Events
• Traffic Signal Maintenance
• Crosswalks, Stop Bars and Turn Arrows
• Road Closures
• Emergencies
• Street Sweeping
• Storm Drain Clean-Out
• Sign Fabrication
• Sign Installation
• Custom Sign Installation
• Fleet Maintenance.
Councilmember Leger said that he frequently received telephone calls and e-mails from residents who had
concerns regarding their streets in residential areas and asked whether there was a process in place whereby a
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citizen could call and report a street issue. Mr. Kurth replied that the Public Works Department should be
contacted and they would advise Mr. Kurth of citizens' complaints and/or concerns. He added that citizens could
also utilize the Town's website to report their concerns. He noted that if an emergency situation existed, staff
immediately checks out the situation. If the concern had to do with a pothole, staff's goal was to get it fixed
within 24 hours. Downed signs were fixed or replaced within 24 hours and emergency signs were immediately
taken care of.
Vice Mayor McMahan commended Mr. Kurth and his street crew on their exemplary work that was carried out
on a daily basis.
Councilmember Archambault concurred and said that Mr. Kurth and his staff were the "guys behind the scene"
and oftentimes did not receive the recognition they deserve.
Councilmember Dickey also thanked Mr. Kurth and his staff for the great work they do and pointed out that
getting the grant for the PM-10 Sweeper was a very proactive step adding that soon these types of equipment
would be mandated. She reminded everyone that today and tomorrow were high particulate pollution warning
days.
Mayor Nichols expressed appreciation to Mr. Kurth and his staff for all they do.
CALL TO THE PUBLIC
Town Clerk Bev Bender advised that ten speaker cards were submitted from individuals who did not wish to
speak at this time but wanted to let the Council know that they had concerns regarding the budget for Senior
Services. She added that seven citizens had indicated their intent to address the Council.
Bruce Tominello, 16208 N. Sunridge Drive, said that his comments might evoke anger from the Council but his
hope is that once the anger subsides that the Council would make changes in their behavior. He said that the
Town lately seemed to have more than it's share of issues and they could not continue to move from crisis to
crisis. People were upset with many recent events and were demanding changes. Some members of the Council
also worked full-time jobs and did not have the time to really prepare and so facts were sometimes wrong and
misinformation abounds only to be corrected at subsequent meetings. He encouraged the members of the
Council to not avoid confrontation and have the courage to make the right decisions. The Council should make
the hard decisions, regardless of the outcome, rather than hire consultants to carry out that responsibility. He
said that the Mayor and the Town Manager were"where the buck stops in Town"and expressed the opinion that
the Town Manager had been given too much responsibility and too little supervision.
Joann Prather, 16236 Glenbrook Boulevard, said that the Seniors of Fountain Hills are outraged and frustrated.
They did not understand why the situation with the Directors at the Senior Center had happened or how they
could be treated so callously. There was no reason to tell the Directors that their positions were being
eliminated. The position was changing but the number of personnel was not. The Directors should have been
given the opportunity to understand and digest the changes being made. The Town Manager did not need to
force their resignation and open the job opportunity to possibly less qualified people. The Directors could have
been reassigned into the new position. She questioned getting rid of employees who had made a tremendous
difference in the services offered to the seniors and outlined their accomplishments. Ms. Prather discussed the
Center's budget, said that the increase was overstated and questioned why Town accountants had not addressed
the alleged overage before now. She said that the seniors wanted their voices to be heard, their questions
answered and action taken to reinstate the Directors that had been forced to resign. She urged the Council not to
let the Town's Senior Center become"ordinary" when they had been "extraordinary" thanks to the efforts of the
Directors.
Suzanne Kiraly, 16437 N. Aspen Drive, said that she was present this evening to address Golden Eagle
Boulevard being the designated truck route for the Eagle's Nest project. She stated that this was creating
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numerous issues for the road and the homeowners who lived along Golden Eagle and beyond. She expressed
concerns relative to the constant barrage of trucks back and forth during different construction phases and
officially requested that reconsideration be given to the Council's original decision to allow Golden Eagle and
its residents to bear the entire burden of the project. She added that it was also their request that consideration
be given once more for trucks to use Sunridge Drive in to the project and leave using Golden Eagle,resulting in
a 50% reduction in traffic along Golden Eagle Boulevard. Dump trucks, cement mixers and tractor trailers now
inch their way up the steepest hill in Town at maximum weight and said that this did not make sense. She urged
the Council to "share" the burden and not place it entirely on the residents along Golden Eagle. She added that
the residents would also like to request that Triple J Hauling (maroon truck, straight pipes)be removed from the
project or utilize a quieter truck. The noise that the truck caused going back and forth added insult to injury and
impacted the residents' quality of life. She thanked the Council for their time and Public Works Director Tom
Ward who had graciously answered her calls and e-mails over the last few months.
Mayor Nichols requested that the Town Manager look into the concerns expressed by Ms. Kiraly.
Larry Pritchard, 15225 Golden Eagle, addressed the Council and said that he and his wife lived on Golden
Eagle. He concurred with the comments of the previous speaker and added that the problem has been going on
now for a least a year. He stated that he personally supported MCO but a problem was occurring that had to be
resolved. He discussed efforts he had expended to reach a solution to the problem but said that to date nothing
had happened. The previous speaker's suggestion relative to dividing up the traffic would go far to improve the
residents' quality of life along Golden Eagle and agreed that the truck used by Triple J Hauling"literally rattles
the walls"when it went by because of the brakes used. He suggested that the loaded,heavy trucks use Sunridge,
where he had been told the pavement was heavier and the hills were not as steep.
Mayor Nichols reiterated to the Town Manager his desire to have him look into the concerns expressed by the
residents regarding the Triple J Hauling vehicle. He asked Mr. Pickering to determine whether Town
ordinances were being complied with.
Jim Judge, 11009 N. Regency, said that he had provided the Council with copies of his comments and added '
tad
that he had been asked by a very large group of senior citizens in the community to help facilitate a meeting,put
together the items contained in the comment sheet and be their spokesman. He read a couple of excerpts from
the document and stated that the Town Manager did not have the proper authority to make any departmental
reorganization or personnel changes, let alone the firing of two of the most valued employees in the Town. He
failed to obtain permission from the Town Council as required in the Town Code prior to taking such
unwarranted action. He noted that the seniors in Fountain Hills represented 40% of the population (age 55 and
above). He said that the seniors questioned the Town Manager's attitude toward the Senior Services Center and
his judgment in firing the Directors. He added that the message to the seniors was that they did not count
anymore and he urged the Council not to let this happen.
Bruce Florence, 14629 N. Winston Lane, addressed the Council and stated the opinion that the Senior Center
should be rewarded for its accomplishments rather than punished. He said that the Council had the opportunity
this evening to bring the community together again. He discussed the budget process and specifically the cuts in
the Senior Center's budget for next year and said he was extremely disappointed and worried. He discussed the
growth of the Center, the excellent services provided and the Center's accomplishments. He said that if the
Council adopted Item #9 this evening without changes, there would be no way to increase the budget and the
line items for Senior Services after that vote. He read from the Budget, Page 14, "Once the tentative budget is
adopted, line items can only be decreased prior to the budget's adoption." He urged the Council to remove that
sentence from the proposed budget this evening and allow extra time for the Council, staff and the community to
interact in an effort to reach a consensus.
Mayor Nichols thanked Mr. Florence for his comments and clarified that, as mentioned earlier, the Council
would have the opportunity on June 7th to increase and/or decrease line items. They could move things around
in the budget and add programs. In order to do so, monies would have to be taken away from other parts of the
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budget but the Council did have the authority to do so. He again encouraged the citizens to attend the June 7th
meeting when budget line items would be discussed in detail so that they could present their opinions and
(awerequests at that time. He emphasized that the Council had flexibility in the budget and setting the maximum this
evening did not have any impact on the ability to change the budget.
Mayor Nichols added that from his perspective, the seniors were a very important part of the Town and the
Council wanted to make sure that they were treated properly and they would take the steps to achieve that goal.
He said that he has discussed with Mr. Pickering scheduling a meeting where everyone could get together to
discuss the citizens' various concerns in an effort to reach a solution that would be amenable to everyone. He
added that it was important to get all parties together to discuss the issue and all of the facts. He emphasized
that he and his wife were very dedicated to the Seniors of Fountain Hills and said that they would not be
"shortchanged."
Gloria Zalig, 16415 N. Palo Verde Lane, said that she was there to plead for help for the seniors. She said that
she was glad to hear that the citizens would have another opportunity, at the June 7th meeting, to present their
remarks on this important issue. She added that she constantly takes advantages of the services provided at the
Senior Center. She stated that she believed that the Mayor was sincere when he said he wanted to help the
seniors and perhaps he had not gotten all of the facts before but she was sure he would be getting them now.
She thanked the Council for pursuing this important matter, said that everyone wanted Stephanie and Karen to
come back and requested that the Council seriously look into bringing these two valuable people back and
compensating them for the monies they had lost.
Dan Cougenenour, 13847 N. Hamilton Drive, a member of the Senior Services Advisory Commission, said that
his focus this evening dealt with enhancing communications and increasing cooperation. He thanked the Mayor
for volunteering to get the proper people together to discuss this issue and suggested that perhaps in the future
they would not need to take such action if they took advantage of the duties and responsibilities of the Fountain
Hills Senior Services Advisory Commission. He commented that the Commission had been remiss in the past
and was not assertive about their powers and duties and could have been more proactive. He briefly discussed
the Commission's powers and duties and said that they had not been as involved as they should have been but
they would no longer be complacent. He said they had a great Senior Center and that the staffing had been
excellent. He added that the Commission could play an integral role in working with Council and Town
management and asked that they be included in the process.
Larry Haddy, Stephanie Haddy's husband, addressed the Council and requested that the Council do what it had
to do — go back to square one and have staff do what they were commanded to do by the rules and laws that
were in place. He noted that the change had already taken place and Mr. Pickering was not asking the Council
to approve it because it had already been done. He urged the Council to read the letters written by Mr. Mayer.
He requested that Stephanie and Karen be present at the meeting to discuss this issue and said that Stephanie had
e-mailed Mr. Mayer and indicated her willingness to stay on as long as she was needed but he responded that
her help was no longer needed and she could leave tomorrow. He emphasized that procedures were in place that
should be followed. The obligation of the Town Manager was to seek the assistance and approval of the
Council before any changes were made and said that the Council should also talk to members of the Senior
Services Advisory Commission to obtain their input before changes were made. He added that the Mayor put
on the board the figure of$257,000 to show what an extreme amount of expenditures were made. He said that
this figure was generated by Mr. Mayer and if the Council were to look at the actual figures, through March
2007 (9/12ths of the month) the figure was $130,000 and he asked how in the last three months so much more
had been spent($127,000).
Mayor Nichols said that the Council would look at the numbers, thanked all of the speakers for their input this
evening and encouraged everyone to attend the June 7th meeting and provide additional input.
L
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CONSENT AGENDA
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM APRIL 26 AND MAY 1 AND MAY 3,2007.
AGENDA ITEM #2 — CONSIDERATION OF APPROVING A PERMANENT EXTENSION OF
PREMISE APPLICATION FOR MATILDE SALAZAR (TERRA NOSTRA ITALIAN CAFE),
LOCATED AT 16740 EAST PALISADES BOULEVARD,FOUNTAIN HILLS.
AGENDA ITEM #3 — CONSIDERATION OF APPROVING RESOLUTION 2007-16, APPROVING A
MULTI-YEAR INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY TO
PROVIDE SPECIAL TRANSPORTATION SERVICES (STS) IN AN AMOUNT NOT TO EXCEED
$90,000.
Councilmember Leger MOVED to approve the consent agenda items as listed and Councilmember
Archambault SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Dickey Aye
Mayor Nichols Aye
Councilmember Leger Aye
Councilmember Schlum Aye
Councilmember Kehe Aye
Vice Mayor McMahan Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY(7-0).
REGULAR AGENDA
AGENDA ITEM #4 — PRESENTATION BY KEN FAIRCHILD, A REGISTERED ELECTRICAL
ENGINEER WITH OLSSON ASSOCIATES, WITH POSSIBLE DIRECTION TO STAFF
REGARDING PHASE FREE SOFT START AND SURE PROTECTION FOR FOUNTAIN LAKE
SLUMPS BEING PROPOSED BY VENDOR PHASE FREE.
Mr. Pickering advised that a letter was received from the vendor, Phase Free, today requesting that this item be
tabled in order to allow them to be present for the discussion.
Councilmember Dickey MOVED to table Agenda Item #4 and Vice Mayor McMahan SECONDED the
motion, which CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM #5 — PRESENTATION WITH POSSIBLE DIRECTION TO STAFF REGARDING
THE ACTION PLAN FOR THE CROSSING AT AVENUE OF THE FOUNTAINS AND SAGUARO.
Mr. Pickering stated that the Council had asked staff to review the intersection of Avenue of the Fountain and
Saguaro and bring back an Action Plan that would improve pedestrian crossing conditions at that location. He
said that the Town's engineers had looked at the situation and were prepared to address the issue at this time.
Public Works Director Tom Ward advised that since the April 4th meeting when staff was directed to look into
this matter, staff had reviewed the previous 2006 traffic date and supplemented the existing data with new
findings from April of 2007. Based on this review and a preliminary warrant analysis by staff, the intersection
qualified for a three way stop or a temporary three way stop with a traffic signal to follow. He stated that staff
recommends that they begin with a three way stop. He noted that typically after a three way stop had been
operational for approximately nine months, the operation would be reviewed. Nine months would provide time
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for winter visitors/traffic to return and use the intersection and for staff to observe normal traffic movements and
pedestrian traffic at peak flow.
Mr.Ward added that some of the issues that would be reviewed in nine months would be conflicts in traffic and
pedestrian movements, speeds along Saguaro Boulevard,traffic movements that might encourage drivers to take
different streets to avoid the three way stop, accident data, complaints that might be registered with the Town as
well as other factors that might arise during the nine-month period.
Mr.Ward advised that in order to install the stop signs, a Traffic Intersection Action Plan would be prepared and
said that the following steps would be performed:
• Provide new and concise intersection data to validate the preliminary Warrant Analysis
• Prepare an intersection map depicting all three proposed crosswalks, stop sign locations, handicap
access and any new handicap ramps, crosswalk striping, traffic lane lines, turning lanes, stop bars,
medians on both Saguaro Boulevard and Avenue of the Fountains, pre-warning devices and any other
necessary signage.
• Once approved, prepare work orders for any concrete and asphalt construction utilizing the Town's
Annual Contract to eliminate the bidding process. The temporary yellow flashing lights would be
removed as recommended, and a temporary single red flashing light would be installed for 90 days. In
addition, "Traffic Control Change Ahead" signage would also be installed. The signage would be
placed both north and south from where the new top signs were placed on Saguaro Boulevard.
Notification/signage would also occur for Avenue of the Fountains traffic.
• Install necessary signage and striping.
• Monitor the intersection for nine months and report back to the Town Manager and Council with
(by updates.
Mr. Ward stated that if the Council decided to install a three way stop, staff anticipated these action steps could
be accomplished in the next 120 to 180 days. The Town did have funds in Fiscal Year 2007-08 to accomplish
this task. From a season standpoint, this was an ideal time to make traffic control changes since they
experienced the least amount of traffic during the summer. He added that the Council's direction to staff was to
improve pedestrian safety at the Avenue of the Fountains/Saguaro intersection. Step six in the Action Plan gave
staff the opportunity to analyze data and determine if the three way stop was sufficiently providing the
conditions for which it was intended. If the three way stop solved the concerns for pedestrian crossing, staff
recommended no further action. A traffic signal could actually deteriorate the situation as the speed of vehicles
passing through the intersection would increase.
Mr.Ward noted that in case further action was required after step 6,staff had researched the timeframe to design
and install a traffic signal. A signal would take approximately four months to design and twelve months to
construct. The design could be accomplished in the FY 07-08 budget (approximately $45,000). The Town
would hire a consultant to design and supervise construction of the intersection. He indicated his willingness to
respond to questions from the Council.
Councilmember Leger MOVED to approve staff's recommendation and Councilmember Kehe SECONDED
the motion.
Councilmember Kehe said that the report indicated that handicap ramps would be placed in the top and middle
portion of the crosswalk but asked whether there would be ramps in the lower bottom portion of the crosswalk.
Mr. Ward responded that there would be ramps there as well (on the southeast and southwest corner) and a
(by handicap ramp would have to be put in to gain access to the Fountain. There was an existing handicap ramp on
the northwest corner and it traveled up and back onto the sidewalk.
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Vice Mayor McMahan asked whether it was necessary to do away with the u-turn and Mr.Ward replied that yes
it was for safety purposes. The Vice Mayor requested that input from people/businesses in that area be obtained
and Mr. Ward stated that staff would be happy to talk with them about the situation. He said that if the u-turn
was not closed off,cars would conflict with pedestrian movements.
Councilmember Schlum commented that the installation of a three way stop was a perfect way to provide a
much safer intersection at a reasonable cost. He said that they would then have the opportunity to study the
situation and determine whether other action was needed. He added that the stopping of traffic would actually
benefit the businesses in the area and commended staff for their efforts in this area.
Mayor Nichols noted that there would be plenty of parking on the south side and citizens would be able to park
there and then safely walk to the businesses. The Mayor asked Mr. Ward whether staff had considered
designating the area between El Lago and Palisades as a Business District and lowering the speed to 25 M.P.H.
in that area. Mr. Ward responded that staff had considered that and believed that to be one of the major things
they would want to do while the stop signs were up during the nine month period.
Discussion ensued relative to the fact that the necessary fund ($29,940) was already in the budget; the fact that
the $45,00 was proposed in the budget for design (07-08); the "up signs" that indicate people were approaching
an intersection and the fact that the "Stop Ahead" signs would be installed previous to that; the fact that a vote
of the Council would be needed in order to change a speed limit; the fact that cuts in the median encourages
people to cross in the middle of the block and the importance of reducing the speed down to 25 m.p.h. or
eliminating the cuts and having the people walk down to the El Lago light or the other crossing; confusion that
occurred at three and four-way stops for both drivers and pedestrians and poor decisions are sometimes made;
Councilmember Leger's statement that although he was skeptical he was willing to move forward, and
Councilmember Dickey's suggestion regarding a pedestrian signal light and the fact that this area would be
monitored over the 90-day period.
Mayor Nichols thanked Mr.Ward for his presentation and called for a vote on the motion.
The motion CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM#6— CONSIDERATION OF AWARDING THE YOUTH SERVICES CONTRACT TO
THE BOYS AND GIRLS CLUB OF GREATER SCOTTSDALE.
Mr. Pickering advised that Requests for Proposals were sent out by staff for various services and this one was to
provide youth services (providing a Teen Center, leadership classes, young male avoiding alcohol classes,
fitness,computer skills, etc.). The Request was sent out on January 2nd and staff received one proposal from the
Boys and Girls Club in Fountain Hills; staff interviewed the applicant with assistance from residents. He said
that staff was recommending that the Town enter into a three-year contract with the Boys and Girls Club of
Greater Scottsdale to provide youth services to the community. He noted that the cost would be $100,000 for
each of FY 2007-08, FY 2008-09 and FY 2009-10 and said that was approximately what the Town had paid in
the past under the former system. He indicated his willingness to respond to questions from the Council.
Vice Mayor McMahan MOVED to award a three-year contract for Youth Services to the Boys and Girls Club
of Greater Scottsdale and Councilmember Schlum SECONDED the motion.
There being no discussion among the Council and no citizens wishing to speak on this item, the Mayor called
for a vote on the motion.
The motion CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM#7—CONSIDERATION OF AWARDING THE YOUTH ARTS CONTRACT TO THE
FOUNTAIN HILLS COMMUNITY THEATER.
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Councilmember Dickey recused herself from discussion of this agenda item.
L. Mr.Pickering stated that this was another example of the Town's decision to contract from services in a manner
that differed from previous actions. He said that this particular contract had to do with the Youth Arts and noted
that staff was specifically looking for theatrical productions of a variety that appear at the Amphitheater as well
as youth school workshops for voice and dance, summer theater camps, production of five theater shows and
progress reports. He added that one thing he failed to mention on the previous contract was the fact that the
contracts would provide a greater understanding of the dollars spent and where the services actually went
because quarterly reports would be submitted. He said that the contract amount was more than the Town paid in
the past but noted that in the detailed budget provided to the Council they would see that $50,000 of the main
cost went for the productions at the Amphitheater and commented on the various costs associated with such
productions. Mr. Pickering said that one application was received in response to the Request and staff was
recommending that they enter into a three year contract with the Fountain Hills Community Theater, Inc., to
provide arts to the community. He added that the cost would be$155,000 for each of FY 2007-08, FY 2008-09
and FY 2009-10.
Vice Mayor McMahan MOVED to approve awarding a three-year contract for Youth Arts to the Fountain Hills
Community Theater, Inc and Councilmember Leger SECONDED the motion.
Councilmember Archambault noted that there would be three performances in one weekend in April and one in
October at $25,000 each and said that it would cost the Town $14,000 to do the Movie in the Park and they
often found sponsors for the movies. He asked whether they could try to find sponsors for the performances so
that the Town did not have to front the full cost.
Mr. Pickering responded that staff could certainly pursue finding sponsors for the performances but pointed out
that if the Town entered into this contact, they were contracting for the service and might not be able to secure
sponsorships. He commented on the fact that the costs associated with live performances covered a variety of
things while the Movies in the Park entailed the only the renting of a screen and showing a movie. He suggested
that if the Council had concerns relative to the cost,they could decide to just do one performance.
Councilmember Archambault said he was heading in that direction and suggested to the Council that they
approve one performance and see how well it was attended like they did with the Movie in the Park event.
Councilmember Archambault MOVED to amend the motion to decrease the number of performances from
three to one. (Councilmember Archambault stated that he would leave the decision of which performance
should occur but stated the opinion that the October one might draw more people since many of the winter
visitors had returned to Town by that time and the weather was nice.) Councilmember Leger SECONDED the
amendment to the motion
In response to a question from Councilmember Kehe, Councilmember Archambault said that this would amount
to a$25,000 decrease in the cost.
Councilmember Leger stated that based on Councilmember Kehe's question, he would like to offer an
amendment to clarify the motion.
Councilmember Leger suggested the following language to clarify the amendment to the motion: The Council
was amending the contract agreement to reduce the number of amphitheater performances to one weekend
production in Fountain Park thereby reducing the contract amount to $130,000. (He said that he would leave it
up to the experts to determine whether the production should take place in April or October.)
(610, Councilmember Archambault concurred with the clarification suggested by Councilmember Leger.
Mayor Nichols called for a vote on the amendment.
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The motion CARRIED by majority vote (5-1) with Councilmember Dickey abstaining and Vice Mayor
McMahan voting Nay.
Councilmember Archambault noted that the Town was providing money for the workshops, etc. and asked
whether the attendees would be subsidizing the cost. Val Stasik, the Executive Director of the Community
Theater, responded that tuition was charged and they did have some scholarships as well. She noted that they
were talking about a three-year contract and they were providing a service that they loved to provide, but she
could not foresee the economics of the future. She added that the performances did not represent a "money
making"program for the Theater but the contract did keep the program alive regardless of economics.
Mayor Nichols called for a vote on the main motion.
The motion CARRIED UNANIMOUSLY by those voting(6-0).
AGENDA ITEM#8— CONSIDERATION OF AWARDING THE SOCIAL SERVICES CONTRACT TO
THE EXTENDED HANDS FOOD BANK.
Mr. Pickering advised that the process utilized for this agenda item was similar to the previous two contracts.
He noted that the applicants all presented very professional proposals and responded quickly to questions posed
by staff. He said that they learned a lot about the Food Bank as a result of the process. Staff was requesting that
low income Fountain Hills residents be provided, when they request, food assistance as well as utility bill
assistance, etc. He noted that quarterly reports containing measurements would be submitted to the Town for
review. He stated that the Extended Hands Food Bank did a wonderful job with their proposal and staff
recommended awarding the Social Services contract to the Extended Hands Food Bank.
Councilmember Kehe MOVED to award the Social Services contract to the Extended Hands Food Bank and
Councilmember Dickey SECONDED the motion.
Councilmember Leger said that he noticed that in the two previous contracts, the contract amount was fixed for
each of three fiscal years and this particular contract increased each year. He requested input relative to this
issue. Mr. Pickering explained that when staff talked with the applicant, they (Food Bank) were unsure of how
much of an increase they were going to see in their program, which was fairly new. They were worried that the
costs associated with obtaining the food, lease of their facility, and gasoline for their trucks, etc., and therefore,
they would not be able to provide services. That was the reason for the annual increases. Their costs were
different from the other organizations, more "elastic," and had more of a possibility for increasing. Their
greatest cost was their trucking and gasoline costs as fuel prices continue to increase.
Councilmember Leger commented that when the costs are averaged out, the amounts were still very reasonable
although they were variable.
Councilmember Schlum asked how the funds would be paid out and Mr. Pickering said that after the
organization submitted their quarterly report, staff would produce a check. He added that if for some reason the
organization was not meeting the goals or submitting required reports, etc. the contracts could be cancelled.
Mr. Pickering confirmed for the Mayor that the Food Bank would also assist qualified residents with rent
payments.
There were no citizens wishing to speak on this item and the Mayor called for the vote.
The motion CARRIED UNANIMOUSLY(7-0).
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Mr. Pickering advised that the Council that one contract remained outstanding at this time,the Tourism contract;
staff was working on the measurements to ensure that they were accurate and up to date. He added that the
(tav contract would come before the Council in the near future.
AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2007-22, ADOPTING THE MAXIMUM
AMOUNT FOR THE TOWN OF FOUNTAIN HILLS FISCAL YEAR 2007-08 TENTATIVE BUDGET
WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH
STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE
BUDGET DOCUMENT AND INITIATE ANY SUGGESTED CHANGES PRIOR TO ADOPTION.
Mr. Pickering stated that the Council was given an overview on May 1st on what was included in the budget and
now that the Council has had time to go through it, staff was requesting that the Council set the maximum. State
law required that this be done and the maximum was basically set on the revenue that was anticipated to come
in. This allowed the official process to occur and once the official maximum was set, then that amount was
advertised and staff invited citizens to a public hearing. He confirmed that the Council could not increase the
amount above the set maximum. However, as Mayor Nichols had previously stated, the Council could change
line item amounts within the General Fund (for example, move monies from law enforcement budget to the
parks budget, etc.). He added that the Council could not increase the amount above the set maximum but they
did have flexibility in how they allocated the maximum amount.
Mayor Nichols suggested that when staff produced the budgets in the future that they change the language,
which stated the budget could only go down; Mr. Pickering said that he had already taken steps to change the
language. The Mayor added that the Council would have the flexibility on June 7th to listen to items brought
forth by citizens and, if deemed appropriate, move funds from one area to another in order to accommodate
citizens' requests/needs.
Mr. Pickering agreed and said that a budget was more art than science; it was a projection, an anticipation, a
Le, plan. It did not mean that the listed amount was exactly what they were going to spend because they might not
even generate that amount of money. This year, for example, the Town received $1 million less than what was
planned on because of construction so adjustments had to be made. This budget was staff's best plan for the
year and can be changed by the Council.
Mayor Nichols requested that the Council refrain from making any individual line item comments at this time
and do that instead at the public hearing on June 7`h.
Councilmember Archambault MOVED to approve Resolution 2007-22 adopting the maximum amount for the
Town of Fountain Hills Fiscal Year budget for 2007-08. Councilmember Schlum SECONDED the motion.
Councilmember Kehe commented that what troubled him about this was that in order to raise one item in a
category they had to lower something else. He asked for discussion to take place relative to adding$25,000 to
the 07-08 maximum with the obvious unspoken intent of dealing with one of the concerns related to the Town's
Senior Services. He requested guidance in this area and said the Town had a growing Senior Services program
that needed to be taken into account.
Councilmember Kehe MOVED that the maximum budget amount be increased by $25,000 for a total of
$30,935,381 and Councilmember McMahan SECONDED the motion.
Mr. Pickering commented that one of the actions that the Council did tonight by lowering the amount that they
were going to spend on Youth Arts opened up $25,000 that allocated for that purpose so in essence the Council
could use the $25,000 for the Seniors without having to increase the maximum. He explained that the reason
why he would hesitate to increase the maximum amount was because it was based on revenue projections and if
they increased the maximum above what they thought they were going to generate, then they would get into
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deficit spending. He pointed out that that the Council did not want to do that but rather they should make the
tough decisions to decide exactly how they wanted to see the monies spent.
Councilmember Kehe stated that Mr. Pickering was saying that staff did not know what the future would bring
and what other types of cuts would have to be made and his thoughts on this was that by adding the$25,000,the
Council would be sending a message to the senior community that there would be some money to deal with the
issue of an increasing population.
Councilmember Archambault pointed out that the Council also did not approve doing a design for a traffic
signal at the Avenue of the Fountains. Therefore, another $45,000 in savings could be used. He stated that by
increasing the maximum, all they were doing was giving themselves false hope because if Ms. Ghetti was
projecting that they would generate "X" amount of revenue, they could put the maximum anywhere they
wanted; however, the amount of revenue generated would tell the final story. He added that the Council had
plenty of flexibility; the Town had money set aside for grants that they might not get and that money could be
used as well. He said that when they got to the individual items, especially with Senior Services,they could put
a budget in place that they could easily fund within the current budget.
Councilmember Kehe said that if that was the intent, he would yield on the issue. However, he was very much
concerned with the fact that a problem existed that must be resolved.
Councilmember Dickey commented that in some of the e-mails that the Council had received, the citizens had
expressed that the Council should be budgeting their values and she believed that the Council had gotten the
message. She said that she did not want to face whatever legal ramifications that were associated with raising
the cap if it was based on what the revenue was but she added that she was prepared to make changes in line
items and she did not believe that Senior Services would be the only area where changes were made.
Mayor Nichols agreed and said that they had enough "wiggle room" to make changes at the public hearing. He
stated that perhaps Senior Services would want to come in with a recommendation to allocate $35,000 rather
than the$25,000 they were currently talking about amongst themselves.
Councilmember Kehe WITHDREW his motion based upon what he had heard from the Council and Vice
Mayor McMahan WITHDREW his second to the motion.
Councilmember Schlum advised that the Council's commitment to all of the citizens in Town was there. It was
incumbent upon the Council and the citizens to make sure that they were aware of the correct information and
make the best decisions. Information was always changing and as situations and needs change and grow, the
Council needed to be made aware of that so they could take care of the citizens to the best of their ability. He
said that he believed that the Council agreed with Councilmember Kehe as far as the fact that the Council had a
mission to take care of the seniors in the community.
Mayor Nichols encouraged everyone to come forward at the public hearing in June with particular programs and
costs and discuss who would benefit from the programs. The Council would listen to the comments because
they wanted to maintain a superior Senior Services Center that was their objective. He added that what the
seniors were hearing was that they had a"receptive ear" on the part of the Council.
Councilmember Archambault said that when he looked at the budget every year, he looked at ensuring that
everyone received their fair share of the pie. To him, the budget was a dynamic that changes every year. He
added that the Council had always been fair in the years that he had served on the Council.
Councilmember Schlum stated that the Council was spending the peoples' money and there was always a
balance behind revenues and expenditures but the Council was always cognitive of the fact that they were
spending the citizens' money. He added that it was not a bottomless pit and fortunately the Town had a great
staff that puts together award winning budgets and the Town would continue to have a balanced budget.
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There were no citizens wishing to speak on this agenda item and the Mayor called for a vote on the motion.
(10 The motion CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM#10—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
Mr. Pickering advised that he would look into the jake braking and loud noise of the Triple J Hauling truck and
also talk with Senior Commission Dan Coughenour.
Mayor Nichols added that Mr.Pickering would also work on getting a group together to talk to the seniors.
Councilmember Dickey announced that Councilmember Archambault was a new grandfather and being from
New York, his granddaughter was appropriately named Brooklyn Elizabeth. The Council congratulated
Councilmember Archambault.
Councilmember Dickey also requested that the Council take a moment to reflect on Councilwoman Kathleen
Nicola,her warmth, her smile, her humor and contribution and service to the community. She said that this was
the eve of the day they had lost her two years ago; Fountain Hills was certainly a better place when she was
there and she was missed. She noted that her family had a website up that displayed her picture and she just
wanted to remember her this evening.
The Mayor and rest of the Council thanked Councilmember Dickey for the remembrance of Councilwoman
Nicola.
AGENDA ITEM #11 - 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) DIRECTING STAFF TO CONDUCT FURTHER
RESEARCH AND REPORT BACK TO THE COUNCIL:
A. NONE
AGENDA ITEM#12—ADJOURNMENT.
Vice Mayor McMahan MOVED that the Council adjourn and Councilmember Schlum SECONDED the
motion, which CARRIED UNANIMOUSLY(7-0). The meeting adjourned at 8:14 p.m.
Councilmember Archambault MOVED to reconvene the Executive Session and Councilmember Schlum
SECONDED the motion. The motion CARRIED UNANIMOUSLY (7-0). The Executive Session
reconvened at 8:19 p.m.
Vice Mayor McMahan MOVED to adjourn the Executive Session at 9:18 p.m. and Councilmember Kehe
SECONDED the motion. The motion CARRIED UNANIMOUSLY(7-0).
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TOWN OF FOUN • N HILLS
By / jai, j
i; fly ►4icho s, ' .yor
ATTEST AND
PREPARED BY:
Bevelyn . Be der,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and
Regular Session held by the Town Council of Fountain Hills on the 17th day of May 2007. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 7th day of June 2007.
Bevelyn J. nd ,Town Clerk
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