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HomeMy WebLinkAbout2012.0315.TCRM.Minutesz:\council packets\2012\r4-5-12\120315m.docx Page 1 of 9 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 15, 2012 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:33 p.m. in the Town Hall Council Chambers. * INVOCATION – Pastor Don Lawrence, Christ's Church of Fountain Hills * ROLL CALL Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Councilmember Leger, Councilmember Hansen, Councilmember Brown, Councilmember Elkie and Vice Mayor Dickey. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn J. Bender were also present. * MAYOR'S REPORT i.) NONE. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) RECOGNITION of Richard Gohl for his past service on the Board of Adjustment. Mayor Schlum stated that Mr. Gohl had served on the Board of Adjustment from February 2005 until February 2012, as a Boardmember, Vice Chairman and Chairman. He said that Mr. Gohl was a very valuable m ember of that Board and served with pride on behalf of the residents of the Town. The Mayor thanked Mr. Gohl for his service to the Town and said that he will be presented with a Certificate o f Appreciation and a Fountain pin on behalf of the Council and the entire community. ii.) The Mayor will read a PROCLAMATION declaring April 2012 as Parkinson's Awareness Month. Mayor Schlum read a Proclamation declaring April 2012 as Parkinson's Awareness Month in Fountain Hills. He said that Parkinson's disease is a progressive, neurological disorder of the central nervous system and has a unique impact on each patient. He noted that there are over one million Americans diagnosed with this disease and research is needed to help find more effective treatments to ultimately cure this disease. He said that April has been declared Parkinson's Awareness Month and stressed the importance of greater awareness and calling for more research to be conducted on this devastating disease. iii.) UPDATE by Chris Coyle, Division Manager, Republic Services of Phoenix, regarding the Town's curbside trash and recycling program and not-for-profit rewards program. Chris Coyle, Division Manager, Republic Services of Phoenix, addressed the Council and provided a brief update on the Town's curbside trash and recycling program and not-for-profit rewards program. He reported that service has been excellent and said that full service was implemented throughout the Town in July 2011and to date they have achieved a service efficiency rate of 99.96% for the 86,337 services provided through the month of February. He advised that they will continue to evaluate each and every service issue and strive for service perfection in Fountain Hills. He added that his company has remained active in the community since implementation in July z:\council packets\2012\r4-5-12\120315m.docx Page 2 of 9 (Oktoberfest sponsor, working in conjunction with the Boy Scouts during the holiday season -- advertised the Boy Scouts' efforts to pick up Christmas trees and asked for a donation to support the troops in their events). He stated that they are also planning an early implementation of the new curbside pro gram in Eagle Mountain and discussed efforts expended in this regard. He reported that they will be transitioning over to the new program in early April. Mr. Coyle discussed the not-for-profit rewards program and said that Republic Services is currently working to design a web application that will provide the ability to donate earned points to local non-profit organizations (earlier efforts were not successful in this regard and he referred to a letter displayed in the Council Chambers, copies of which were provided to the Council and a copy is on file in the office of the Town Clerk). He stated that he anticipates that the program will be launched in November of this year or earlier if possible. He thanked the Council for the opportunity to address them and indicated his willingness to respond to any questions. Mayor Schlum thanked Mr. Coyle for his presentation. In response to a question from Councilmember Elkie, Mr. Coyle advised that he does not have any additional information to offer relative to the program for non-profits that is being developed and added that the only timeline he has now is the November implementation date. Vice Mayor Dickey asked if the Council will be receiving any reports on the amount of recycling that is taking place and Mr. Coyle reported that in February there were 212 tons of curbside recycling collected and during the month of January there were 92 tons. He said that the company will continue to provide that information to the Town. Councilmember Brown asked what tonnage figure they started out with in July and August and Mr. Coyle advised that they started off at below 100 tons a month and the program has grown significantly. He noted that the program is continuing to gain momentum. He asked the Council to keep in mind that as the winter visitors leave the numbers will decrease. In response to a question from Councilmember Elkie, Mr. Coyle stated that he would be happy to remain at the meeting in case there are questions from the public regarding this item. Mr. Boe James addressed the Council and said that he is very disappointed with the report that was just given. He noted that before the contract was signed, when the question was asked whether it would be possible to utilize donated points, Mr. Coyle stood up and said "We will make it happen." He added that now, seventeen months later, there is still no program in place and Mr. Coyle is now talking about something happening in November, which will be 24 months later. He offered his suggestion on how such a points program could happen (donating the points to a charitable or community organization). Mr. James emphasized the importance of standing by what someone says especially when a contract is under consideration. Mr. Coyle advised that Republic Services is disappointed as well that they do not have something in place at this time and reiterated that they hope to have the program implemented by November, if not earlier. He informed the Council that the company has expended much effort in this regard. Linda Bardow addressed the Council and concurred with the previous speaker’s remarks relative to this item. She noted that one of the organizations that is suffering as a result of not being able to claim rewards is the Kiwanis Club and asked Councilmember Elkie whether he knows how much money is being lost by that organization. She said she wanted to know how much the various organizations are losing as a result of this delay. z:\council packets\2012\r4-5-12\120315m.docx Page 3 of 9 Mayor Schlum commented that he is not sure that Councilmember Elkie would have all those numbers but said he does know that recycling and giving recycling items to the non-profits has not been prohibited and residents can continue to donate recycling goods. Councilmember Elkie responded that interestingly enough it has been the opposite of what one might expect -- the numbers have actually increased as far as donations to the Kiwanis Club. Mr. Coyle stated that a representative from Republic Services stood up at the November 2010 meeting and said that the company would make that happen and to date that has not occurred, shame on them. He said that they are working hard to make that right. Mayor Schlum encouraged the residents of the Town to continue to donate their recyclables to the non-profits. The Mayor thanked the citizens for their comments. * CALL TO THE PUBLIC Town Clerk Bev Bender advised that several citizens wished to address the Council under this agenda item. Bob Deppe addressed the Council and stated that two weeks ago he stood before the Council and asked them to enforce their Town Codes on weeds and this past week they cleaned up the lot in question. He said that he doesn't know who to thank because he has not received any correspondence from the Town despite his open complaint and added that therefore he will thank the Mayor. He advised that he should be happy but it took two and a half months of complaints before anything was finally done and it is obvious to him that Town employees did not want to address the issue and enforce the Town Codes. He encouraged the Council to begin enforcing the Codes so that other citizens do not have the same experience he had and added that if they do not intend to enforce the Codes they should announce which ones will not be enforced and change the Code to reflect same. He thanked them for the happy ending to his situation. Andi Bell addressed the Council and said that she has a few questions for the Council to consider and noted that her topic is her strong disapproval of Vice Mayor Dickey claiming freedom of speech and being defended as such in her personal e-mail upon her personal opinion (yet feeling it was important to include in this personal e-mail her Vice Mayorship position in this Town as well as all of her other titles, including Mom and Grandma). She stated the opinion that this is precedent setting and emphasized that this is not about freedom of speech -- she is speaking against freedom of position. She asked Town Attorney Andrew McGuire if this is a requirement when anyone on Council sends anything to anybody (place their Town posit ion on the communication?). She asked if there was a legal recommendation to do so and, if so, and they are being told they really have to do that , then that is a problem. She also asked if anyone on Council writes an opinion letter on anything are they including their position as Councilmember and, if so, please disclose that so people know. Ms. Bell stated that if this is okayed and not reprimanded she would like to know if this gives the Council permission to do so (i.e. if any one of the Councilmembers sends a personal letter/e-mail to Chaparral City Water, is it okay to say I'm signing as a Councilmember or should it be simply as a resident. She expressed concerns regarding potential consequences of allowing this to be okay. She further stated that the Town of Fountain Hills was called an idiot numerous times by the radio announcer and the impression of "business beware" in Fountain Hills was heard loud and clear. She reiterated that this is not about freedom of speech -- it is about freedom of position -- and she would like the Council to consider this and talk about it. Gene Slechta addressed the Council and advised that he would like to highlight an important upcoming event. He asked the citizens in the Chambers and those watching the broadcast later on Channel 11, to please mark their z:\council packets\2012\r4-5-12\120315m.docx Page 4 of 9 calendars and attend one of the two upcoming Open Houses regarding signage in the community. He reported that the planned dates are March 27th and April 11th, from 6:00 p.m. to 8:00 p.m. at the Community Center. He noted that a Committee has been meeting for eight months regarding what signage should look like in Town as they move forward. He acknowledged the Fountain Hills Times for publishing the progress reports over the last eight months and advised that the paper is now publishing a series of stories on the Committee. He advised that approximately 30 substantial changes have been documented as consensus recommendations from the Committee and emphasized that sign regulations are or should be of interest to everyone in the community because they impact everyone in the Town. He pointed out that the Zoning Ordinance for the Town of Fountain Hills says th at, "Sign Regulations are intended to encourage attractive signage for businesses and services optimizing the availability of information while promoting the general welfare by creating a more aesthetically appealing community." He added that signs impact business and sales tax revenue for sure but they also impact the visual perception of the Town and ultimately have an impact on property values. He strongly encouraged all members of the community to attend the Open Houses and learn what is being proposed and stated that the Committee wants to receive their feedback. He noted that following the Open Houses, final recommendations will come back before the Planning & Zoning Commission and the Town Council and reiterated that feedback from the Open Houses will be included in packets provided to the Commission and the Council. Boe James readdressed the Council and invited everyone to attend the St. Patrick's Day festivities on this Saturday, March 17th at the Fountain. He noted that the Beer Garden will be run by the VFW and the AMVETS together. He added that the Art on the Avenue and Farmer's Market will take place that same day. In response to a question from Vice Mayor Dickey, Mr. James advised that the Fountain will go green at Noon and the festivities in the park will run from 10:00 a.m. until 6:00 p.m. Linda Bardow readdressed the Council and stated that she has participated in the Citizens Academy put on by the Town and thought that it was a great course. She encouraged anyone who is interested in finding out more about the Town to look into this great program. She commented on the "whole KFYI snafu" and said she thinks it is perfectly fine to boycott anything you want to but what she thinks is unfortunate is that Vice Mayor Dickey used her title and they latched on to that for days and days. She said that the one comment that really bothered her was when they called the Vice Mayor the "Night Manager of Fountain Hills" and expressed the opinion that it made Fountain Hills look like a nothing little town and that is not the image they want right now. She added that she is not sure that most people are aware of how little revenue the Town gets and where it comes from and explained that it only comes from sales tax and the State and they really need all the businesses that they can get. She said that she hopes calmer, clearer minds will prevail in the future and anyone can write any letter they want to but leaving off titles would be a good idea for the Town's benefit. Mayor Schlum thanked all of the speakers for their comments. The Mayor reminded the citizens that the Fountain will turn green beginning at Noon on Saturday and encouraged everyone to attend all that will be going on that day. He also announced that this is the first meeting being attended by the new Town Manager Ken Buchanan and welcomed Mr. Buchanan to his new position. He stated that the Town is very happy to have him as their newest member of the team. Mr. Buchanan thanked the Mayor and said that he is very happy to be serving in the position of Town Manager. Mayor Schlum also recognized former Interim Town Manager Julie Ghetti for the tremendous job she performed in that position. He said that the Town is indebted to her and greatly appreciates the work she has done. z:\council packets\2012\r4-5-12\120315m.docx Page 5 of 9 CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM FEBRUARY 21 AND MARCH 1, 2012. AGENDA ITEM #2 – CONSIDERATION OF APPROVING A WINE FESTIVAL LICENSE/WINE FAIR LICENSE SUBMITTED BY DENNIS M. MINCHELLA, REPRESENTING THE KOKOPELLI WINERY, FOR PARTICIPATION IN THE THUNDERBIRD ARTIST'S ANNUAL FOUNTAIN HILLS FINE ART AND WINE AFFAIRE TO BE HELD ON AVENUE OF THE FOUNTAINS, WHICH IS SCHEDULED FOR MARCH 23, 24 AND 25, 2012, FROM 10:00 A.M. TO 6:00 P.M. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A WINE FESTIVAL LICENSE/WINE FAIR LICENSE SUBMITTED BY KAREN ANN ZEMPER, REPRESENTING THE ZEMPER RESERVE, LLC, DBA STUDIO VINO, FOR PARTICIPATION IN THE THUNDERBIRD ARTIST'S ANNUAL FOUNTAIN HILLS FINE ART AND WINE AFFAIRE TO BE HELD ON AVENUE OF THE FOUNTAINS, WHICH IS SCHEDULED FOR MARCH 23, 24 AND 25,2012, FROM 10:00 A.M. TO 6:00 P.M. Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Dickey Aye Mayor Schlum Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Councilmember Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #4 – CONSIDERATION OF APPOINTING TWO CITIZENS TO THE BOARD OF ADJUSTMENT FOR THE PERIOD BEGINNING MARCH 15, 2012 THROUGH JANUARY 31, 2013. Mayor Schlum MOVED to appoint Nick Sehman and Gary Glunz to the Board of Adjustment for the period beginning March 15, 2012, through January 31, 2013, and Vice Mayor Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mayor Schlum thanked Mr. Sehman and Mr. Glunz for their willingness to serve on the Board. AGENDA ITEM #5 – CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH J2 ENGINEERING DESIGN, LLC, FOR THE AVENUE MEDIAN IMPROVEMENTS IN THE AMOUNT OF $174,989.98. Development Services Director Paul Mood addressed the Council relative to this agenda item and briefly highlighted the Staff Report on this issue (Copy is available on line and in the office of the Town Clerk). Mr. Mood advised that the Avenue of the Fountains and median were constructed in the early 1970s and the electrical z:\council packets\2012\r4-5-12\120315m.docx Page 6 of 9 systems, irrigation systems, fountains and general landscaping are in need of extensive rehabilitation and/or reconstruction. He reported that the proposed design contract is broken down into the master plan, design and construction/post design phases. He highlighted what would take place during the master plan phase, including public hearings and getting together with all of the stakeholders. He said that the master plan portion of the contract will be just under $20,000 and pointed out that the Town Manager has the authority to sign that contract (if under $20,000) and everything will come before Council so they know just what is going on. He stated that after the master plan stage, J2 cannot proceed to the design phase without written approval from the Town so if the Council wishes, work can stop after the master plan phase. He pointed out that the project straddles two fiscal years. He added that the proposed project for redesign of the Avenue has been budgeted in the Capital Improvement Program (CIP) for $1.8 million ($1 million from the Downtown Fund and $100,000 from the CIP Fund). He noted that the proposal was previously presented in more detail at previous Work Study Sessions. Mr. Mood stated that there are two ways that a municipality can select an architect/engineer for professional services and noted that Arizona Revised Statutes (ARS) allows cities and towns to go out for a Request for Qualifications and explained that process, which could take anywhere from two to three months. He added that ARS also allows cities and towns to direct select services (an architect for a contract up to $250,000 and an engineering firm up to $500,000). He informed the Council that staff worked with J2 Engineering & Environmental Design and put together a scope of work. He noted that they toured the area, brought out their electrical subcontractor and then a fee was negotiated for the work. He stated that the firm has performed work on numerous parks in the Valley and has extensive experience in the areas of expertise that the Town is currently seeking. He reported that they started out in about the $200,000 range and negotiated down to the $175,000 range (working on scope and their hourly rate). He said that staff recommends approval and indicated his willingness to respond to any questions. Mayor Schlum thanked Mr. Mood for his presentation. There were no citizens wishing to speak on this agenda item. Councilmember Brown commented on the fact that the project will be spread out over two fiscal years and asked Mr. Mood to provide the Council with a schedule for the different phases. Mr. Mood advised that staff anticipates that the master plan phase will take approximately three months and if they move immediately into design, staff estimates that it will take five to six months for design. He said that that gets them to the end of 2012 and staff would like to bid the project out in January 2013 (after the holiday season). He reported that bids will probably be received by the end of January or early February and then they could roll into construction after the February Art Fair. He stated that at this point they anticipate a four, five or six -month period of construction so that would bring them into July/August. He pointed out that there are a lot of unknowns out there so staff is leaving themselves a little "wiggle room" and hope to be done by the November Art Fair in 2013. Councilmember Brown stated that the schedule is an aggressive one and he is pleased with the proposal. Councilmember Leger referred to the master plan phase ($19,727.06) and said that it appears this phase will pretty much take them through to the end of this fiscal year and Mr. Mood concurred. Councilmember Leger further stated that looking at the draft CIP, there is $100,000 in there for design and in FY 2012/13 another $150,000. He said with that being the case he would feel more comfortable in amending the motion and at this particular time, in this particular fiscal year, just going for the $19,727.06. He added that $174,000 is larger than what was presented in the design draft scenario. He said he realizes no motion has come forward yet and stated that he will reserve that judgment but he is thinking along those lines. He explained that the z:\council packets\2012\r4-5-12\120315m.docx Page 7 of 9 reason he is putting this out there is because he wanted to find out if this would create an issue as far as moving this project forward. Mr. Mood replied that if he is hearing Councilmember Leger correctly, if the Council approved the full $174,000 contract this evening, the company physically could not do that amount of work in three months. He said that the draft CIP is slightly old and when it is revised staff is going to show pretty much just the master plan phase in this year and the remainder of the design in the next fiscal year plus construction. He asked if Councilmember Leger was thinking about just approving the $19,727.06 tonight and Councilmember Leger confirmed that he was going in that direction. Mr. Mood stated that the Council definitely could do that but they are working with a pretty tight schedule and once they get done with that portion they would have to come back to the Council again for approval of the design phase and, depending on when the meeting falls, (in July for example when typically no Council meetings are held) they could lose a whole month's worth of time. He added that staff would like to roll right into the design with Council's approval and present that at a Work Study Session. Councilmember Leger commented that it appears to him that staff would be coming back before the Council in either case and Mr. Mood agreed. Councilmember Leger further stated that he would feel more comfortable coming back to this Council or perhaps a new Council to move the project forward. Mayor Schlum advised that this is an option that the Council could consider as well. He asked if that would be a monumental change to the contract and Mr. Mood said that he would have to ask the Town Attorney but he believes it would just be an amended motion. Town Attorney Andrew McGuire said that they could certainly take the motion and if Councilmember Leger is trying to meet his requirements without changing the contract too much it should be pretty easy because the prior written authorization is already mentioned in the contract (either by the motion itself or if they would like some contact language added that would say "written authorization after approval by Town Council"). He added that either one is fine as long as staff understands that written authorization means following Council approval. Councilmember Hansen indicated support for Councilmember Leger's suggestion and noted that last fall when the Council started talking about this she said she thought they should wait to see what the results of t he bond election would be (for the streets) and now that they know what that is, perhaps they need to prioritize. She added that they know from Mr. Mood's reports that a lot of the Town's infrastructure and buildings are in need of maintenance and repair. She stated that she could go along with the assessment to see exactly what they have -- and what are the major problems and the minor problems and what would have to be dealt with right away. She said she thinks it would be prudent to wait and see what they really need and then wait for the next step to decide how much of that they want to deal with now. Mayor Schlum asked Mr. Mood if the initial portion would cover what Councilmember Hansen is talking about and Mr. Mood confirmed that it would. In response to a question from Councilmember Leger, Mr. McGurie stated that they can move forward in one of two ways -- change the figure in the motion to have it be for tasks one and two or as it currently is it can't proceed to step two (the $174,000 figure) without prior written authorization from the City Council. He added they could just say "prior written authorization pending approval by the Town Council." He said that would give the Council the brakes and they don't have to go out and enter into a new contract, it is in place and if they put the brakes on it it's done at the $20,000 and if you don't put the brakes on it you can authorize the next step. z:\council packets\2012\r4-5-12\120315m.docx Page 8 of 9 Councilmember Leger MOVED to consider a Professional Services Agreement with J2 Engineering and Environmental Design, LLC, for the Avenue Median Improvements in the amount of $19,727.06 and Councilmember Hansen SECONDED the motion. Councilmember Elkie said that if he understands correctly they are amending the contract and asked if this includes the written authorization or are they wiping out the contract entirely and taking out those portions. Mr. McGuire responded that they would be taking out those portions and the contract would cover the first portion of the master plan only. He added that the construction documents portion would not be included nor would the post design services. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN BUCHANAN. 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: Mayor Schlum stated that staff will follow up with Republic Services and have them appear back before the Council hopefully earlier than November with another update. AGENDA ITEM #7 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN. Mr. Buchanan stated that he is seeing a very involved and active community and added that the on-going events he has attended have been very well put together. He said that he is very pleased with what he is seeing as far as the level of staff in Town Hall and how active they are in the various programs they are involved in. He stated that he has a little concern regarding coverage and covering all of the levels of service that staff has been requested to provide but noted that that is a sign of the times and something that all municipalities are facing. He informed the Council that he is putting together a list of all the things that he would like to review both with staff and the Council in the future in order to get up to speed (what does the Council w ant to do with the Strategic Plan and with the budget, etc.). Mr. Buchanan stated that he is happy to be in Fountain Hills and reported that if they can get the house sold he and his family will be here in April and he won't have to deal with the drive any longer. He said that he is looking forward to working with staff and looking at some of the projects that are in the works and making sure they are completed. Mayor Schlum thanked Mr. Buchanan for his remarks and again welcomed him to the Town of Fountain Hills. AGENDA ITEM #9 – ADJOURNMENT. Councilmember Brown MOVED that the Council adjourn the meeting and Vice Mayor Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:23 p.m. z:\council packets\2012\r4-5-12\120315m.docx Page 9 of 9 TOWN OF FOUNTAIN HILLS By_____________________________ Mayor Jay T. Schlum ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of March, 2012. I further certify that the meeting was duly called and that a quorum was present. Dated this 5th day of April, 2012. _____________________________ Bevelyn J. Bender, Town Clerk