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HomeMy WebLinkAbout2012.0419.TCRM.Minutesz:\council packets\2012\r5-3-12\120419m.docx Page 1 of 10 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 19, 2012 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:35 p.m. in the Town Hall Council Chambers. * INVOCATION – Elder John Nichols, Four Peaks Community Church * 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 Bender were also present. * MAYOR'S REPORT i) None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS None. * CALL TO THE PUBLIC Town Clerk Bev Bender stated that one citizen wished to speak to the Council under this agenda item. Linda Bordow addressed the Council and indicated her intention to report the findings she has obtained from the two entities that wish to conduct the survey for the Town. She advised that both of the companies possess over 25 years experience in their field (surveying and polling). She stated that neither company has seen the actual survey per se (she sent them copies of the survey that was conducted in 2007) and reported that the 2007 survey cost the Town $15,620. She said that one company gave her a pretty solid figure of $10,000 to conduct the same type of survey and the other company gave her a quote of between $10,000 and $12,000. She informed the Council that the scope of work would include calling people on the telephone as well as a summary and analysis of the results; cross tabbing for various demographics, charts and graphs for key findings and an oral presentation of the results. She asked the Council to keep in mind that this would be the same type of survey as the one conducted in 2007. She said that she is looking forward to getting together with Town staff to include these two companies on the list of bidders. Ms. Bordow noted that right now $35,000 has been budgeted for this and since she was not present at the last Work Study Session that discussed the budget she is not sure whether the Council has pulled the $5,000 that was added for the road bonds. She added that she understands that there is a survey that is going around and she has gotten a copy of it to distribute to the different groups she is involved with and that particular survey questionnaire contains 11 questions. She further stated that she understands that the Town has the ability to do robo calls in-house so another way of doing that, instead of getting separate and distinct groups, would be to knock off the first two questions (Are you a resident? and Did you vote?). They could pull that information off of the Secretary of State's website, which shows who voted on the road bond issue, not how they voted but information on who did vote and z:\council packets\2012\r5-3-12\120419m.docx Page 2 of 10 their telephone numbers, and then they could do robo calls. She added that this would not cost anything; it would just be a matter of compiling the information. Ms. Bordow said that she doesn't know whether the budget has changed since she looked at it a month ago, but there was something in there at that time that indicated the Council was going to ask the senior citizens to increase the fees that they are paying to the Senior Center. She expressed the opinion that this would be a great way to offset that because if they received a much lower bid, $12,000 or even $15,000, that is more than half as much as what was allotted for in the proposed budget. Ms. Bordow further stated that as far as the road bond survey it is important for people to understand, because the way this survey was worded was that the bonds were going to cover main arteries and thoroughfares of the Town. She referred to copies of documentation she received from Paul Mood and clarified that what the $29 million was going to provide would be done in segments. She said that the first portion of the bond was mostly designed to cover Zone 7, Saguaro Boulevard, and a portion of Zone 6. She noted that it was staggered out in various bond allotments to total the $29 million but the first portion, the first piece, was $13,525,000, of which $7.5 million was for Saguaro. She added that it would cover Zone 7, Zone 6 and then a small portion of Zone 1. She pointed out that it really wasn't all the major roads; it proposed sectioning it off over time as a way to "roll this through" every ten years to get the whole Town repaved. Ms. Bordow advised that one of the questions on the bottom is "Would you approve a bond in the amount of $10,000 to $15,000?" and she thinks people would if they stripped away some of the things that were in there like the sidewalks and the roundabout. She stressed the importance of citizens knowing that the first part of that question, that bond, was not designed specifically for the worst roads in Town -- it was a systematic way of redoing the whole Town. Mayor Schlum thanked Ms. Bordow for her input. * CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MARCH 20 AND APRIL 5, 2012. AGENDA ITEM #2 – CONSIDERATION OF RESOLUTION 2012-08, CHANGING HE DESIGNATED AUTHORIZED AGENT FOR FEDERAL EMERGENCY MANAGEMENT FUNDS. AGENDA ITEM #3 - CONSIDERATION OF A REQUEST BY THE PUBLIC ART COMMITTEE TO ACCEPT A DONATED SCULPTURE TITLED "GOOD NEWS" FOR PUBLIC DISPLAY. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY JING LU, AGENT OF K&C EVERGREEN, LLC DBA HA HA CHINA, LOCATED AT 11849 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT). AGENDA ITEM #5 - CONSIDERATION OF APPROVING A REPLAT OF THE HAMILTON HOMESTEAD CONDOMINIUMS IN ORDER TO ABANDON THE TWO-UNIT CONDOMINIUM PLAT AND REVERT THE PROPERTY BACK TO ONE SINGLE LOT. PROPERTY LOCATED AT 16413 E. ASHBROOK DRIVE. AKA PLAT 111, BLOCK 8, LOT 2. CASE #S2012-01. AGENDA ITEM #6 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY MICHAEL SCHARNOW, VICE PRESIDENT OF THE KIWANIS CLUB OF FOUNTAIN HILLS, LOCATED AT THE SUNSET KIWANIS ACTIVITY CENTER, 16957 E. z:\council packets\2012\r5-3-12\120419m.docx Page 3 of 10 KIWANIS DRIVE, FOUNTAIN HILLS, AZ, FOR A SPAGHETTI WESTERN HOEDOWN, SCHEDULED FOR APRIL 28, 2012, FROM 6:00 P.M. TO 10:00 P.M. AGENDA ITEM #7 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY DEBBIE SKEHEN, PRESIDENT OF THE FOUNTAIN HILLS AND LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, LOCATED AT 12901 N. LA MONTANA DRIVE, FOUNTAIN HILLS, AZ, FOR A HISTORICAL SOCIETY FUNDRAISING EVENT SCHEDULED FOR APRIL 20, 2012 FROM 5:00 P.M. TO 8:00 P.M. Councilmember Contino MOVED to approve the Consent Agenda as listed and Vice Mayor Dickey 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 #8 – CONSIDERATION OF A LICENSE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS SANITARY DISTRICT FOR THE DISTRICT'S USE OF THE TOWN LAKE PUMP BACK SYSTEM. Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that this is a request from the Fountain Hills Sanitary District for the Council to consider their possible use of Town lake pump access located downstream on the Panorama wash. He noted that staff has been working with the Sanitary District regarding this request and has received a request from them that no action be taken by the Council regarding an Intergovernmental Agreement until further due diligence is conducted on the matter (Correspondence available on- line and in the office of the Town Clerk). Mr. Buchanan noted that there were further questi ons that need to be addressed before possible consideration in the future. In response to a question from Mayor Schlum, Town Attorney Andrew McGuire advised that the Council can decide not to take any action on this item until a subsequent request is received or they could table the item indefinitely. Mayor Schlum asked the Council if they preferred to take no action and move on to the next agenda item. Councilmember Elkie requested that Mr. Buchanan provide some history on what the pump was used for and whatever else he knows. He stated that the pump has been there for quite some time. Mr. Buchanan replied that he is really not an authority on what the pump was used for in the past or the history on this issue. He reiterated that staff was approached sometime in February and asked to begin discussing this and he came on the scene in early March and began discussions with the Sanitary District relative to the feasibility of the District re-initating the pump back system and bringing it back into operation. He discussed the credit system that z:\council packets\2012\r5-3-12\120419m.docx Page 4 of 10 the District has with their reuse program. He added that subsequently, he and the Town Attorney put togethe r a draft license for that purpose but that raised further questions from the Sanitary District's legal counsel which need to be further addressed. He stated that hopefully once they get those answers this item can be brought back before the Council. Councilmember Elkie commented that some of the issues brought up by the Sanitary District raises some concerns about potential shortages of water and made reference to the several golf courses that are in Town (concerns about having water during the months of July, August and September). He noted that a water shortage would have an impact on tourism and the economic vitality of the Town and expressed the opinion that it may be appropriate to have this as an agendized item at the next Council meeting. He added that perhaps they could invite Ron Huber to attend and provide additional information. Councilmember Hansen advised that at one point water was going out onto the Reservation so the Town was required to install the pump to keep that from happening. Councilmember Elkie asked if they know whether the water that was being pumped (and he understands that there was a hole in the liner) was reclaimed water and Councilmember Hansen responded that she believes that is one of the questions that has been raised. Councilmember Elkie stressed the importance of assisting the Sanitary District in any way they can to make sure that the Town has water -- especially for the golf courses. He said that if the golf courses were left unwatered that could have a serious impact on tourism. Mayor Schlum agreed and said there could be increased costs in the event they had to utilize potable water. The Mayor said that they will talk with the Town Manager about this item and more discussion among the Council will take place as well. Councilmember Leger stated that at the last meeting under Call to the Public, comments were made that led him to believe that Town staff had "dropped the ball" on this issue. He added that in looking at his Council packet this week he noticed that the Town Manager had in fact been in contact with the District and discussed this prior to the comments that were made during the Call to the Public on April 5th. He said that for the record he would like the Town Manager to provide a chronology of events and include history and where we go from here. He noted that based on the information he has read, it does not seem as though staff had "dropped the ball." Mr. Buchanan informed the Council that initial discussions on this issue began in January with staff and then again in February with visits to the site and additional discussion with representatives. He reported that in early March staff met with representatives again to further discuss the issue and the following week another site visit took place to help Mr. Buchanan better understand the situation for himself. He noted that staff was working under the impression that there was going to be an Intergovernmental Agreement (IGA) or a license proposed and staff was going to bring that before the Council for their consideration. He added that staff has been involved with this issue over the last three and a half months. Councilmember Contino stated that he has been in contact with a lot of the residents and said that the pump had been out of service for a good six to eight-months and maybe longer. He noted that water had been draining in the back so it's probably closer to a year that this pump has not worked. He expressed the opinion that whoever was the Town Manager at that time "dropped the ball." He emphasized that he does not blame this on the new Town Manager -- it is just that the neighbors came to him and brought him water samples -- so this has been going on a long time and the residents said that the Town ignored this on-going problem. z:\council packets\2012\r5-3-12\120419m.docx Page 5 of 10 Mr. Buchanan advised that he believes the pump has actually been out of service for quite a few years and Councilmember Contino stated that that could be but it was brought to his attention about a year ago. Vice Mayor Dickey said that she would like to provide staff an opportunity to reply if they would like to. The Mayor commented that the pump has been out of commission for a number of years and a request was submitted by the District that the Town allow them to start utilizing it. He added that this is something the Town would certainly consider cooperating on. AGENDA ITEM #9 – DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO THE STRATEGIC PLANNING ADVISORY COMMISSION (SPAC) RECOMMENDATION TO REVISE THE STRATEGIC PLAN 2010, AS PRESENTED BY CHAIR AUDRA KOESTER-THOMAS ON DECEMBER 15, 2011, AND WAS TABLED FOR FUTURE CONSIDERATION. Mr. Buchanan addressed the Council relative to this agenda item and explained that they have before them again consideration of a tabled item relative to recommended revisions to Strategic Plan 2010 from the Strategic Planning Advisory Commission (SPAC). He noted that the action form in the Council's packet requests approval of his recommendation that the Council not take any action on the proposed revisions unless the Council deems otherwise. He added that since the SPAC will be conducting their annual review of the Strategic Plan and the goals in a few short months, he recommends that they send this back to the SPAC for further consideration and recommendations. Mayor Schlum thanked Mr. Buchanan for his comments. Ms. Bender advised that two requests have been received to speak on this issue. Linda Kavanagh (Mayor-Elect) addressed the Council relative to this agenda item and noted that they are talking about three revisions that the SPAC wants to include and advised that she has a real problem with the first revision, namely, "Create a sense of urgency regarding the importance of residents and businesses taking re sponsibility to financially participate in the Town's infrastructure maintenance and provision of basic services to protect home, land and property values." Ms. Kavanagh stated the opinion that to her this seems to be in response to the road bond going down and when she reads the phrase "Create a sense of urgency" she is personally offended by that statement and thinks that others will be as well, especially those voters who voted against the road bond. She said when you think of the meaning of the word "create" and everybody knows what that means and other synonyms that could replace it, including "fabricate" or "invent" and even worse ones such as "concoct" or "contrive" -- those are all different synonyms for the word "create." She expressed the opinion that the wording is disrespectful to the residents and to the voters and she would ask the Council not to include it in the Strategic Plan, which is meant for all the people, mean t to be inclusive and not offensive. Linda Bordow addressed the Council relative to this agenda item and said she is glad that Mayor-Elect Kavanagh read that because that is the same question she had -- she would like to find out exactly what they mean by "Create a sense of urgency." She stated that while she would agree if you go to the Secretary of State's website it states that the function of a town is to provide for things like infrastructure, maintenance, fire and police, that is a basic town function. She expressed the opinion that not enough people in Town know how the Town makes its money and stressed that it relies on sales tax. She noted that there are 44 pages of sign regulations and said that it is a contentious issue and they need the revenue from their businesses to make headway on the budget because they are relying less and less on the State. She stated that she is confused over how they would create that sense of urgency z:\council packets\2012\r5-3-12\120419m.docx Page 6 of 10 and with some of the revisions from the Sign Committee they will have more revenue coming in so the Town will be able to handle its primary function -- roads, maintenance and fire and safety. Vice Mayor Dickey advised that she looked back on the minutes because she wanted to know how they go t here and said that at the Retreat, they tried to take some of the new items and incorporate them into similar items so that they wouldn't be lost even if they weren't actually writing them down as separate items. She referred to the item mentioned by Mayor-Elect Kavanagh and stated that that was exactly her question as well -- the sense of urgency and whether that is in response to the bond failure and even if it wasn't, does the SPAC have any recommendations as far as the best way to move forward and better communicate with citizens. She noted that Ms. Koester-Thomas responded that Item #1 was not in response to the bond failure -- it was offered two months in advance of the bond election and it was based upon the fact that the Town is reaching a 30 year mark and some of the basic infrastructure needs to be replaced. Vice Mayor Dickey further stated that Ms. Koester-Thomas also remarked that the SPAC would always recommend including the public in community dialogue and stressed that decisions such as this must be based on good communication and that includes listening. She said that she would hope that that will continue forward as part of this discussion as well. She reiterated that she too wondered if this was a "knee jerk reaction" but believes it was more of an overall reaction to where this Town stands now and the sense of urgency that may result from increased communication as people start to understand the sort of circumstances that the Town faces, especially about roads. Councilmember Hansen stated the opinion that a lot of people share the consternation over the phrase "sense of urgency" and it sounds a little bit like maybe they are using scare tactics to really get people's attention -- kind of like when they said they were going to shut the Fountain down for certain periods and the citizens reacted. She said that she reviewed all three recommendations and reviewed the existing initiatives and it seems as though the intent of the three proposals can kind of be found in existing initiatives like the first one -- it is kind of included in I-2 and EV2 and they can do that with the other two recommendations as well. She further stated that another alternative , going along with what Mr. Buchanan was saying, is to look at the ones that are kind of related and tweak the wording of the existing initiatives and that would make it all more encompassing and the intent of them would be included. Mayor Schlum advised that now that the time is coming up for the SPAC to look at this more as a whole, they can fold these concerns or thoughts into the document and come back to the Council perhaps at a Work Study Session to have a better dialogue between the SPAC and he Council on the desires and motivations. Councilmember Leger clarified that they had this healthy discussion in the past and they had an opportunity to take a look at these three items during their Retreat and they did not assign any specific goals to them. He said that as they move forward, based on a recommendation from the Town Manager, he would agree with that -- the SPAC maybe should have the time to take another look at these and come back to the Council with their recommendations. He added, however, that he would like to be more specific and he would like to give the SPAC the opportunity, based on the work they have done, to clarify the intent of each of the items. He stated that so far he is not hearing that the intent is clear. He said that Mr. Buchan an attends the SPAC meetings and he would like him to communicate that the Council is looking for them to address the intent of what they are proposing, what the desired outcome is, and how that may differ from some of the existing strategic directives. H e expressed the opinion that there is some overlap -- something that he is missing that they are trying to communicate to the Council -- and he would like to give them the opportunity to come back and clarify their intent. Councilmember Elkie agreed with Councilmember Hansen's statements and said he too believes that they can find similarities in these particular suggestions in other areas. He stated that he believes they could better communicate z:\council packets\2012\r5-3-12\120419m.docx Page 7 of 10 to the residents what the Town's financial situation is with regard to the roads -- infrastructure, facilities, maintenance -- and when they are communicating the financial situation, when they see that they have additional tax dollars that they didn't budget, it is not necessarily a surplus since they are still no t allocating enough funds to take care of the infrastructure. He added that if they change the way that they present the information to better represent what the Town's situation and circumstances are they may accomplish what the SPAC is recommending. He advised that he would say something along the lines of better educating rather than creating a sense of urgency but really it is important to let the citizens know and understand where the Town is financially and that is something they could all do and staff works on that as well. He spoke in favor of having a frank conversation like they did at the last meeting as far as the budget and the roads and the fact that the road bonds are not going to solve everything, they are only going to get them back to where they need to be. He further stated that they need to come up with a solution one way or another. Councilmember Leger MOVED to take no action until the SPAC brings this item back to the Council (table the item) and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #10 - QUARTERLY UPDATE ON THE PROGRESS OF IMPLEMENTING TOWN COUNCIL GOALS FOR FY 2011-12. Mr. Buchanan addressed the Council relative to this agenda item and said that the Council has received an update, which was included in their packets, and either he or staff would be happy to respond to any questions from them. Councilmember Leger commented that after reviewing the report he believes it is very clear what progress has been made to date and he really does not have any questions. The Mayor agreed that progress is being made and most items are at 70% or greater through the third quarter. AGENDA ITEM #11 - DISCUSSION WITH POSSIBLE DIRECTION RELATED TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN. Mr. Buchanan addressed the Council relative to this agenda item and stated that he would like to provide an update on Consolidated Elections, HB 2826. He reported that this legislation was reconsidered by the Senate, approved today and is going back to the House. He indicated staff's intention to continue to advocate on the House side the Council's wishes against the consolidated elections proposal (there was a motion for reconsideration and it passed). Mr. Buchanan confirmed that the bill has passed the Senate and is going to the House. Vice Mayor Dickey advised that the bill was amended on the floor so the House does have to reconsider it. She pointed out that it failed before (11-17) but this time it passed with just the amount of votes that were needed. The Vice Mayor also discussed the Supreme Court ruling regarding local control for Arizona cities and noted that they rejected a State law that sought to overrule how Tucson conducts its municipal elections . She noted that Tucson is a Charter city but said that it went on to say that a key portion of the ruling is applicable to all cities and towns because there were some legal opinions way in the past -- one that said that cities are entirely subordinate to the State Legislature and one after that that said that was not the case. She stated that forty years later when we came into existence, their Constitution was framed in Arizona specifically rejecting the idea that cities are created or can be disassembled by the Legislature. She added that the Legislature or the State did not create the cities, the Constitution did. She emphasized that this is not just about municipal elections it is about basically overturning local control and it seems like they will be looking back on some other items that may be questionable now that this ruling has come down -- it is not just about Charter cities. z:\council packets\2012\r5-3-12\120419m.docx Page 8 of 10 The Vice Mayor further stated that the Governor has actually vetoed 17 bills, three of which were directly associated with cities and towns -- HB 2729 relating to guns in public buildings (requiring security staff if guns were allowed placing a burden on municipalities) with all Representatives voting “yes”; and HB 2757 relating to message changing billboards being allowed on all highways; and 1200, which had to do with political signs (if the signs were in a dangerous area and the extensive contact/notification process that cities and towns would have to follow in order to deal with that) with Representative Ugenti voting “no” and Representative Kavanagh and Senator Reagan voting “yes” on that. She added that as far as Consolidated Elections, all of our elected officials voted yes so if this does get passed after they reconcile the differences, then the only thing they can do is to ask for a veto by the Governor who has indicated some deference to cities, towns and counties. She said that she doesn't think they are going to send anything to her desk right now, since she is vetoing everything right now, until the budget is settled. She further stated that the DWR bill has not moved. Mayor Schlum thanked Vice Mayor Dickey for her update and said that citizens can access th e Councilmembers' packets on line to review some of the details that the League of Cities & Towns has put together. AGENDA ITEM #12 – 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 #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY TOWN MANAGER KEN BUCHANAN. Mr. Buchanan addressed the Council relative to this agenda item and noted that the Council has requested that staff invite a representative of the Fountain Hills Sanitary District to come and brief the Council on the water shortage issue. Mayor Schlum stated that he thinks the idea is to have some helpful, meaningful dialogue to help the public better understand what is going on. He added that obviously the citizens can contact the Sanitary District directly and pose questions or express any concerns they may have. Councilmember Elkie commented that he believes it is important that they hear from someone from the Sanitary District (provide an update and provide information on the situation and what steps are being taken). He also stressed the importance of determining what the Town can do to assist the Sanitary District. Mayor Schlum agreed and added that staff will invite a representative to address the Council on this issue and provide an update. Councilmember Leger said he agrees with Councilmember Elkie and asked if they are looking for a representative of the Sanitary District to come before them and provide a presentation as is often done at the front end of a Council meeting so that the Council could ask/answer questions versus placing the topic on an agenda as an agenda item where probably no specific action would be taken. He added that he could go either way. He requested clarify on the intent. Councilmember Elkie stated that he believes a presentation, if they are willing to provide one, would be sufficient. Vice Mayor Dickey asked if they have to do it at the next meeting or should they wait and see when they would be prepared to move ahead. z:\council packets\2012\r5-3-12\120419m.docx Page 9 of 10 Councilmember Elkie replied that he would leave it up to Town staff and their staff to determine the best time to bring this issue forward but added that although he would like to see it happen as soon as possible he would not impose any time limitations. Councilmember Hansen noted that as pointed out in the memo, there is a list of questions that need to be addressed -- by the District and by the Town. She stated that that would be a good discussion too -- who might be doing what? Mayor Schlum commented that this sounds like a larger issue than just the pump and goes beyond the Fountain. He noted that the Town is certainly open to helping out in any way it can. Councilmember Contino stated that he believes they need to sit back and take a good look at this -- it is only a pump that needs to be replaced -- any every day that they delay they are talking about 30,000 gallons of water that the Town is not going to get. He added that they keep procrastinating and going into all these different things they can do that but noted they are losing a significant amount of water each and every day. Mayor Schlum said that the Sanitary District requested that the Council delay taking action on this item pending additional due diligence so he is not sure this is up to the Council and he looks forward to receiving an update. Councilmember Leger advised that from what he has been able to gather from the correspondence from the Sanitary District and the presentation made during the Call to the Public, whether this pump issue is solved or not is really not going to take care of the larger issue. He stressed the importance of understanding the larger issue in terms of some seepage into the wash that has been happening for a number of years. He stated that he is not saying it is right or wrong but from his perspective he is looking forward to a presentation as suggested by Councilmember Elkie. He reiterated that a much larger issue exists and said that the Sanitary District has specifically stated that this would help but it is certainly not going to solve the greater challenge. He added that he looks forward to having some very positive dialogue, problem solving and a lack of "finger pointing." He noted that this is about their Town and solving this issue, working between two intergovernmental agencies. AGENDA ITEM #14 – ADJOURNMENT. Councilmember Elkie MOVED that the Council adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:15 p.m. z:\council packets\2012\r5-3-12\120419m.docx Page 10 of 10 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 19th day of April, 2012. I further certify that the meeting was duly called and that a quorum was present. Dated this 3rd day of May, 2012. _____________________________ Bevelyn J. Bender, Town Clerk