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HomeMy WebLinkAbout2012.0503.TCRM.Minutesz:\council packets\2012\r5-17-12\120503m.docx Page 1 of 11 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 3, 2012 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers. * INVOCATION – Youth Pastor David Taylor, Jr., First Baptist 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 J. Bender were also present. * MAYOR'S REPORT i) None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) THE TOWN OF FOUNTAIN HILLS RECEIVED, FOR THE 10TH CONSECUTIVE YEAR, THE DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR 2011-12 BUDGET FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA), DEPUTY TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI, MPA, CPA, RECEIVED THE CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION FROM THE GFOA AS THE INDIVIDUAL INSTRUMENTAL IN THEIR GOVERNMENT ACHIEVING A DISTINGUISHED BUDGET PRESENTATION AWARD. Mayor Schlum stated that once again, thanks to Deputy Town Manager/Finance Director Julie Ghetti and her staff, the Town has received the Government Finance Officers Association's (GFOA's) Distinguished Budget Presentation Award for its budget. He noted that the award represents a significant achievement by the Town and reflects the commitment of the governing body and staff to meeting the highest principles of government budgeting. He stated that in order to receive the award the entity had to satisfy nationally recognized guidelines for effective budget presentation. He commended Ms. Ghetti and her staff on this achievement. Town Manager Ken Buchanan addressed the Council and pointed out that a little over 1,200 of these awards were presented and noted that there are over 17,000 government units in North America so they are in a pretty distinguished group. Mayor Schlum, members of the Council, staff and members of the audience applauded Ms. Ghetti and her team on this significant accomplishment. ii.) THE MAYOR WILL READ A PROCLAMATION DECLARING MAY 12, 2012 AS FIBROMYALGIA AWARENESS DAY IN FOUNTAIN HILLS. z:\council packets\2012\r5-17-12\120503m.docx Page 2 of 11 Mayor Schlum stated that an estimated 10 million people in the United States -- 6 to 8 percent of the population -- and millions of people worldwide have been diagnosed with fibromyalgia, a disease for which there is no known cure and noted that fibromyalgia is a chronic illness, increasing at alarming rates, that causes fatigue and debilitating pain in women, men and children of all ethnicities. The Mayor further stated that patients with this illness often have to learn to live with widespread pain throughout their bodies; extreme fatigue; sleep disorders; stiffness and weakness; migraine headaches; numbness and tingling; impairment of memory and concentration and it may take years to receive a diagnosis of fibromyalgia. Medical pr ofessionals are often inadequately educated on the diagnosis and treatment of this disease and increased awareness and expanded knowledge of the realities of life with fibromyalgia will allow the community at large to better support people who struggle with the challenges of this chronic pain disorder. Mayor Schlum said that various organizations, businesses and others around the country promote fibromyalgia awareness and support, including improved education, diagnosis, research and treatment. He added that the community's focus on fibromyalgia and its impact on patients' lives will help guarantee hope for a better future for people with this disease. The Mayor proclaimed May 12, 2012 as Fibromyalgia Awareness Day in Fountain Hills and urged all of the T own's citizens to support the search for a cure and assist those individuals and families who deal with this devastating disease on a daily basis. * CALL TO THE PUBLIC None. * CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM APRIL 10 AND APRIL 19, 2012. Councilmember Brown MOVED to approve the Consent Agenda as listed and Councilmember Elkie 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 #2 – CONSIDERATION OF ACCEPTING AND APPROVING THE PLACEMENT OF A STEEL SCULPTURE TITLED, "ALBERO GRAN" IN FOUNTAIN PARK, WHICH IS ON LOAN FOR A PERIOD OF UP TO ONE YEAR DURING A FUNDRAISING CAMPAIGN. z:\council packets\2012\r5-17-12\120503m.docx Page 3 of 11 Community Services Director Mark Mayer addressed the Council relative to this agenda i tem and stated that "Albero Gran" is a Mediterranean term that means "Large Tree." He noted that this particular piece is being brought forward by the Public Art Committee and explained that it will be on loan for up to a year while a fundraising campaign is conducted to cover the cost. He noted that the piece has a gallery price of $17,000 but is being acquired for $12,000 from the artist Rodger Hubbard who is from Scottsdale. He referred to a site map displayed in the Chambers showing the proposed location of the piece (Copy available on line and in the office of the Town Clerk). Mr. Mayer indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Mayer for his presentation. Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item. Councilmember Elkie MOVED to accept and approve placing the piece titled "Albero Gran" on loan for up to one year to conduct a fundraising campaign and placement in Fountain Park and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #3 - CONSIDERATION OF APPOINTING TWO (2) CITIZENS TO SERVE ON THE COMMUNITY CENTER ADVISORY COMMISSION FOR THE REMAINDER OF A TWO -YEAR TERM ENDING DECEMBER 31, 2013. Mayor Schlum MOVED to approve Geoffrey Harper and Lynnne Mott to serve on the Community Center Advisory Commission for the remainder of a two-year term ending December 31, 2013 and Vice Mayor Dickey SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). Mayor Schlum thanked the new appointees for their willingness to serve the Town of Fountain Hills. AGENDA ITEM #4 - CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH TRANS-WEST NETWORK SOLUTIONS, IN THE AMOUNT OF $66,722.42, FOR THE PURCHASE OF EQUIPMENT, INSTALLATION AND TRAINING RELATING TO A VOIP BASED COMMUNICATIONS SYSTEM. Mr. Buchanan informed the Council that Informational Technology Coordinator Mike Ciccarone would address them relative to this agenda item. Mr. Ciccarone stated that in February the Town had issued a proposal for a new phone system and five proposals were received by the close of the bid. He said that Town staff and an independent third party reviewed the proposals and Trans-West was selected, based on system proposal and price. He explained that utilizing the Town's existing data network, the Town will be able to reduce communications costs by eliminating l eased services from CenturyLink. He reviewed the Staff Report relative to this item (Copy available on line and in the office of the Town Clerk). Mr. Ciccarone pointed out that the current phone system is twelve years old and has exceeded end - of-life support by at least five years. He noted that if the Town does not replace the system, it runs the risk of a communications system failure, which would affect all Town facilities and services. He reported that Trans-West was the lowest responsible bidder at $67,722.42 and their system is covered by a five-year warranty on the software and replacement parts. He added that a maintenance contract is optional at the end of the warranty period. He requested Council support to enter into the agreement and indicated his willingness to respond to questions from the Council. z:\council packets\2012\r5-17-12\120503m.docx Page 4 of 11 Mayor Schlum thanked Mr. Ciccarone for his presentation. There were no citizens wishing to speak on this agenda item. Councilmember Elkie said that he thinks it is important to point out that Mr. Ciccarone is the "man behind the camera" for all of their Council meetings. He asked when the Town's current contract with CenturyLink will expire and if there will be any penalties associated with this action. Mr. Ciccarone responded that the Town is leasing equipment to provide telephone service to the Community Center and the contract has expired so they are on a month-to-month basis and will be able to cancel once the new system is up and running. He added that the other contracts for phone service will be up in early 2013 so there will not be any early termination fees involved. Councilmember Leger commended Mr. Ciccarone on his efforts and stated that based on the savings the Town will realize it appears that in five years the system will pay for itself. In response to a question from the Mayor, Mr. Ciccarone explained that staff will be looking at new technology (putting phone service on the internet) and said that additional cost savings would be realized on long distance and per line charges. Councilmember Brown referred to Schedule A in the Council packet and noted that there are annual license fees for various items and asked if these are on-going or one time license fees and Mr. Ciccarone replied that they will be one-time license fees. Councilmember Brown asked if it was helpful having Cox in the downtown area now (will they be able to utilize some of the new Cox services?) and Mr. Ciccarone noted that Town Hall has fiber optic connection from Cox (that's where they get the internet service from) and they will be able to use that same service for telephone service as well. In response to a question from Councilmember Brown, Mr. Ciccarone said fax integration technology is just one of the options available and the Town does have a fax server at this time (no paper faxes; they are all sent by e -mail) and if they receive 20 a week, that is a lot. He added that they could purchase that option but he did not think it was necessary because it is a dying technology. Councilmember Hansen advised that Schedules B & C cover the warranty programs and asked if the Town will have the Gold Seal. Mr. Ciccarone responded that the first year is Gold Seal and includes everything and for each additional year there will be a $100 co-pay for them to come out and repair the equipment. He said that they could purchase Gold Seal each additional year and agreed that Gold Seal covers a lot. Mr. Ciccarone said that he is confident that he will be able to manage the additional responsibilities associated with this new technology. Vice Mayor Dickey MOVED to approve the professional services agreement with Trans-West Network Solutions in the amount of $66,722.42 for the purchase of equipment, installation and training of a VOIP based communications system and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2012\r5-17-12\120503m.docx Page 5 of 11 AGENDA ITEM #5 - CONSIDERATION OF ACCEPTING AN OFFER AND ISSUING A NOTICE OF AWARD TO INTERSTATE MECHANICAL CORPORATION, IN THE AMOUNT OF $60,310 FOR THE PURCHASE AND INSTALLATION OF HEATING, VENTILATION AND AIR CONDITION (HVAC) UNITS FOR THE TOWN CENTER COMPLEX. Facilities/Environmental Supervisor Raymond Rees addressed the Council relative to this agenda item and provided a brief overview of the Town's energy conservation measures relating to the Town's Energy Efficiency and Conservation grant in the amount of $146,000 through the American Reinvestment and Recovery Act (ARRA) (Copy of the presentation available on line and in the office of the Town Clerk). Mr. Rees informed the Council that as part of the Energy Audits that were conducted in 2010, the Town installed an Energy Management System (EMS), which controls the Town Center complex's HVAC system. He explained that staff now has the ability to program long term schedules in to the syst em and monitor the performance of the system remotely. He reported that the cost of the EMS system was approximately $62,000, which has been reimbursed to the Town through the grant program. Mr. Rees further stated that the Town is in the final phase of the building retrofits of its energy conservation measures and currently the Town's HVAC configurations at Town Hall and the Community Center have HVAC units heating and cooling both office space as well as electrical and telecommunications rooms at the same time. He noted that this causes unnecessary heating and cooling to areas that would otherwise not require it. He added that this proposal is to install split HVAC units to the electrical and telecommunications rooms, thereby isolating the requirements for providing these rooms with the acceptable room temperatures for the equipment contained within. He said that by doing so the Town will be able to program the time of use of other HVAC and air handling units, further reducing the amount of electricity being used. Mr. Rees reported that the Town publicly advertised the HVAC replacement project and received three bids, none of which came from local contractors (LOR Construction, whose bid was deemed nonresponsive for failure to include the HVAC type, Department of Energy Waiver acknowledgement and the Federal requirements per the Invitation for Bids); Interstate Mechanical and Bel-Aire Mechanical. He said that the Development Services Director sent a letter to LOR Construction. He advised that the lowest responsible bidder is Interstate Mechanical Corporation and their bid falls within the budget. He stated that the HVAC systems are required to be installed and all paperwork submitted to the Energy Department by June 30, 2012 , to meet the requirements of the grant reimbursement so there is a deadline that must be met. Mr. Rees informed the Council that staff recommends entering into the contract with Interstate Mechanical Corporation and indicated his willingness to respond to any questions. Mayor Schlum thanked Mr. Rees for his presentation. There were no citizens wishing to speak on this agenda item. Councilmember Leger MOVED to approve the contract with Interstate Mechanical Corporation in the amount of $60,311.03 for the purchase and installation of Heating, Ventilation and Air Conditioning units for the Town Center Complex and Councilmember Contino SECONDED the motion. Councilmember Brown commented that it is sad that LOR Construction did not complete the package because the family does live in Fountain Hills although they don't operate out of the Town. He noted that they will be getting rid of several huge pieces of equipment and asked where the salvage goes and whether the Town profits from its disposal. z:\council packets\2012\r5-17-12\120503m.docx Page 6 of 11 Mr. Rees explained that there is a process that all companies that work within the Town's grant have to abide by (there is a waste stream and they have to note where everything goes). He said that he is not sure whether they make a profit on it but they are subject to specific reporting criteria. Mr. Rees advised that he monitors the Town's system and Councilmember Brown stated that he would like to see that one day. Mayor Schlum asked if they will be replacing equipment in Town Hall or simply adding equipment and changing areas. Mr. Rees replied that they will not be removing equipment -- the vents that will be going into the electrical rooms and the telecommunications rooms will be simply blocked off by the registers there and the units there will service those rooms and this will continue so that there is a backup plan in place. He noted that the real savings is going to be in being able to turn off the very large air handler unit that they have on the ceiling because that is where most of the energy is used and it runs constantly, 24 hours a day. He added that they have two units and one unit services the telecommunications rooms and the Sheriff's Department. In response to a request for clarification from Councilmember Leger, Mr. Rees stated that this is a non -matching grant and is completely reimbursable as long as the Town meets all of the requirements from the Governor's office. Councilmember Leger thanked Mr. Rees and his group for their efforts and cost savings in this regard. The Mayor commented that this will not have any impact on the budget other than the energy savings that will be realized and thanked staff for their hard work. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 - CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH ARCADIS U.S., INC., TO COMPLETE A NEW DEVELOPMENT IMPACT FEE STUDY TO COMPLY WITH NEW STATUTORY PROVISIONS, IN THE AMOUNT OF $79,960. Mr. Buchanan addressed the Council relative to this agenda item and noted that Arcadis U.S., Inc. was formerly Red Oak Consulting. He noted that the $79,960 will be funded through the Development Impact Fee Fund. He said that the Legislature created sweeping changes to the Impact Fee laws and said that the Town Attorney will elaborate further and provide a Development Fee update. Mr. McGuire addressed the Council and stated that not too long ago they went through this with Red Oak Consulting -- updating the fee study and implementing changes. He said that this change was implemented last year and requires all cities and towns to go through a new process, which is a completely re -written statute by mid 2014. He added that they know from experience that it takes about a year to get a fee study s tarted, hearings conducted, etc. so if approved tonight this contract will take about twelve months (four months longer than they probably need but it is good to have some extra time built in to get them to where they want to be prior to the deadline). There were no citizens wishing to speak on this agenda item. Councilmember Contino MOVED to approve the Professional Services Agreement between the Town of Fountain Hills and Arcadis U.S., Inc. in the amount of $79,960 for the development fee review as required by State A.R.S. 9- 463-05 and Councilmember Brown SECONDED the motion. Vice Mayor Dickey said she was trying to understand the history behind this and requested clarification from Mr. McGuire. z:\council packets\2012\r5-17-12\120503m.docx Page 7 of 11 Mr. McGuire stated that in 2009, the major changes were modifications that required each municipality to have an Infrastructure Improvements Plan (IIP) and that plan could be either composed of the CIP and other documents or could be the CIP itself in some cases. He said that larger cities have more developed CIP programs that fit the requirement of the statute. He added that at the same time some provisions went in to freeze or "grandfather" fees that were implemented for a period of 24 months from the point of adoption until the first building permit -- they were not charged new fees if there was a major "bump up." He said there were a couple of major components where they added the IIP and added protection for 24 months for newly adopted fees and retained an indexing provision from priors that allowed them to rely upon a certain construction index in order to re-evaluate the fees and each year and "not have to go back to the well" and conduct an actual study. Mr. McGuire further advised that the process of requiring the IIP changed Fountain Hills' process dramatically so the Town went out and hired Red Oak Consulting to conduct the study and bring it up to the standards of the 2009 amendment. He added that as the 2011 amendments came in, most of that was either changed or eliminated (the "grandfathering periods have changed somewhat; the IIP is still there but now very much more robust and involved and the processes are a lot more involved as far as getting to the adoption of the IIP and subsequently a new fee study). He said that all of those things that were done in 2009 were pretty much lost. Vice Mayor Dickey thanked Mr. McGuire for his explanation and stated that when they did that study that was required because of changes in the law in 2009 they spent money to do that and then there was a moratorium that went into place until December of 2011. She added that basically nothing came of that study because it was never really implemented for a very long time. She said that now the changes in 2011 made everything they did back then pretty much obsolete. Mr. McGuire responded "almost" and stated that the only piece that is in addition to that is that the moratorium was lifted, which allowed the implementation that the Council adopted back in 2009 to be put into place so Fountain Hills has changed fees from January 1, 2012 until whenever the new fees go into place based on the new study. He added that there is a slight modification but some fees had to be eliminated -- they lost a few fees and some fees were adjusted and on the whole not a lot changed on January 1st. Vice Mayor Dickey advised that she is trying to determine how much money the Town has spent in this exercise and noted that another item that was brought up at the time this bill was passed was that everything had to be done by August 2014. She asked if because there are a limited number of consultants that are able to do this whether there will be cities or towns that will not be able to conform or could this fact have actually driven the price up. Mr. McGuire replied that he is not sure what impact it had on the cost but he does know that the timing was certainly impacted and there are four consulting firms that do most of the work. He added that the Town has been very fortunate because Red Oak Consulting (now Arcadis, U.S., Inc.), and particularly Pat Walker who did the Town's prior work, has been very good to the Town in terms of being fair on pricing going forward. He pointed out that her cost associated with this is adjusted down mostly because of her familiarity with the study, which will help her do a lot of the work much easier than someone else. He said that he hasn't heard about anyone being concerned about increases in cost. Discussion ensued relative to the fact that $50,000 was included in this year's budget for this study and they also carried money over into next year's budget and the way this will work is some of the work will be done this year and use some of the $50,000 and some will be done next year, which will use some of the $50,000, but it will not go over the $79,000 figure; the fact that because the work will be crossing fiscal years they have to make some arrangements in the budget for both years; the Mayor's question as to whether the Town collected more than they are having to spend and Ms. Ghetti's response that this year they had one building permit so they collect ed fees for only that one; the Mayor's comment that they are having to spend more than they have collected and Ms. Ghetti's z:\council packets\2012\r5-17-12\120503m.docx Page 8 of 11 concurrence with that statement; Mr. McGuire's comment that the cost of the study can be rolled into the fees and so while the Town is out of pocket up front, eventually in th eory that money will be repaid; the fact that the only assurance that the Town has that there won't be another change a few years from now is that this was such a sweeping change that it is going to be difficult to have this kind of impact again (there were only 18 lines in the statute that were not amended); and Mr. McGuire's statement that there is never a guarantee when it comes to this type of thing. Councilmember Leger noted that the Staff Report speaks to the Development Fee Fund, which will pay for t his and asked if there is a specific Development Fee Fund that they are moving money out of to cover this cost. Ms. Ghetti responded that each one of the individual categories of Development Fee Funds will be charged proportionately for the study. In response to a question from Councilmember Leger relative to whether indexing will be allowed once they conduct this particular study, Mr. McGuire advised that the indexing provision was wiped out with Senate Bill 1525, however, the calculation methodology allows for inflationary triggers to be built into the calculations so instead of a fee that is indexed each year, it will be a fee which the consultants have to determine (based on an educated guess as far as the inflationary rate during the period that the study will be valid). He noted that the study periods are shorter now because it is only five years and then they will either have to go out and do a study or make a determination that no change is needed. He added that they have to evaluate the study every five years. Vice Mayor Dickey asked if the Town decided not to do this what would happen in August 2014 and Mr. McGuire replied that the statute provides for a "drop dead date" of August 1, 2014 and no collections would be allowed after that date (if they don't update the fee study they can't collect after that point). There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2012-10, ADOPTING THE MAXIMUM AMOUNT FOR THE TOWN OF FOUNTAIN HILLS' FISCAL YEAR 2012-13 TENTATIVE BUDGET WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENTS IN ACCORDANCE WITH STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET DOCUMENT AND INITIATE ANY CHANGES PRIOR TO THE ADOPTION. Mr. Buchanan addressed the Council relative to this agenda item and stated that before them tonight is a recommendation to adopt the tentative budget for Fiscal Year 2012-13 in the amount of $31,552,772. He noted that adopting the tentative budget sets the maximum expenditures for the upcoming fiscal year. He added that adopting the tentative budget will allow the required legal advertising of the tentative budget to occur and stressed that by no means is the final budget being considered by the Council until their June meeting. He stated that it is his recommendation that the Council adopt the tentative budget for Fiscal Year 2012-13 and indicated his willingness to respond to questions. Mayor Schlum thanked Mr. Buchanan for his presentation. Town Clerk Bev Bender advised that one citizen wished to speak to the Council relative to this agenda item. Linda Bordow addressed the Council and asked why the actual figure for the Public Art Fund ($13,825) was increased to $210,000. She also referred to Development Services under the General Fund and noted that it has increased to $471,000 and she was wondering if any of that had to do with what they were talking about -- taking z:\council packets\2012\r5-17-12\120503m.docx Page 9 of 11 some of the impact study fee cost and applying it. She also asked if that also included Ms. Gary's quarter of a million dollars that she uses to incentivize businesses to come to Town. She questioned what was budgeted for the survey -- $30,000 or $35,000. Ms. Ghetti responded to Ms. Bordow's questions and advised that as far as the Public Art Fund increasing to $210,000, what changed the amount was the anticipation of the Theatre project. She explained that in the event that the Theatre project moves forward there is a Zoning Ordinance requirement that they pay into a P ublic Art Fee -- the developer can either pay cash or donate a piece of art. She said that staff put the money in the fund in the event that the developer moves forward with the project and decides to give the cash to the Town. She discussed the Development Services budget and noted that when they held budget sessions before they talked about how that represents an increase in the maintenance of the Town's facilities and does not include monies for or have anything to do with economic development. Ms. Ghetti further stated that tonight the Council is adopting the tentative budget, not the final budget, so they are still conducting budget meetings and going through the process. She stressed that until the budget is finally adopted in June everything is either in or out depending on the direction given by the Council and this includes monies to be budgeted for the survey. She added that because the budget is still fluid, the $5,000 for the Road Bond Survey is still included in the budget but that doesn't mean at this point in time that they are going to spend it. Mayor Schlum commented that more discussion on the survey will most likely take place and Ms. Ghetti concurred. Vice Mayor Dickey pointed out that the other question that was posed had to do with the quarter of a million dollars used for incentives to attract businesses and Ms. Ghetti stated that that amount is for the Economic Development Incentive Plan and that is in a separate fund and not included in the Development Services' budget. Councilmember Hansen advised that on Monday evening Ms. Ghetti had laid out a revised schedule so there will be more meetings to allow newly elected Councilmembers to participate in the process. She noted that the budget will be discussed in both the regularly scheduled meetings in June and possibly at another Work Study Session. She added that the action tonight is just setting the budget amount as high as it can go but said that it could go lower. Mayor Schlum thanked Councilmember Hansen for her clarification. Councilmember Elkie MOVED to approve Resolution 2012-10, adopting the maximum amount for the Town of Fountain Hills' Fiscal Year 2012-13 tentative budget and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #8 - 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 reported that the Consolidated Elections legislation has been voted on by the House and was sent to the Governor's office to be signed. He stated that he doesn't know whether the Legislature is sine die right now but apparently they are still in process. In response to a request from Councilmember Elkie to explain the Consolidated Elections bill, Mr. Buchanan requested that Town Clerk Bev Bender provide a brief explanation. Ms. Bender informed the Council that it is her understanding that this would consolidate the candidate elections on the November election ballot and added that there is a clause in the legislation that states it would give z:\council packets\2012\r5-17-12\120503m.docx Page 10 of 11 municipalities an opportunity to still conduct all mail ballot elections but she is not quite sure how that would work as far as the Maricopa County Elections Department. She added that she knows that a letter was sent by all of the Election Directors to the Governor asking for her consideration of a veto but Maricopa County had worked with the Legislature and carved out that opportunity to conduct all mail ballot elections. She reiterated that she is not sure whether that would work for the Town and said it might result in increased confusion. She assured the Council that as soon as staff determines what the outcome of this is the Council will be immediately notified. Mayor Schlum commented that this legislation would move up the Primary and General Elections to the fall and Ms. Bender confirmed the Mayor's statement. Councilmember Elkie asked if they were to move to holding a General Election in November when wou ld the Town's Primary Election be held. Ms. Bender responded that the Primary would probably be held in August. She reported that if the Governor signs the bill it will become effective for the 2014 elections. She further stated that there would be additional implications that would have to be looked at that are in the Code as well. Vice Mayor Dickey referred to the Arizona Department of Water Rights (ADWR) fee and said she asked the League whether what they know as #1288 was in the budget and got a quick "yes" answer. She noted that Mr. Buchanan had said that that didn't apply to the last $30,000 (from the last time) but she believes if #1288 is totally adopted into the budget, it repealed that so hopefully they will receive some good news in this regard. Mr. Buchanan commented that if it hasn't then staff will place the item on an agenda for further discussion. Mayor Schlum thanked staff for the update. AGENDA ITEM #9 – 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 #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY TOWN MANAGER KEN BUCHANAN. None. AGENDA ITEM #14 – ADJOURNMENT. Councilmember Leger MOVED that the Council adjourn the meeting and Councilmember Contino SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:20 p.m. z:\council packets\2012\r5-17-12\120503m.docx Page 11 of 11 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 3rd day of May, 2012. I further certify that the meeting was duly called and that a quorum was present. Dated this 17TH day of May, 2012. _____________________________ Bevelyn J. Bender, Town Clerk