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HomeMy WebLinkAbout2019.1015.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 15, 2019 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Ginny Dickey Mayor Dickey called the meeting of October 15, 2019, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. Mayor Dickey noted that Item 8-D had been removed from the agenda and would not be discussed this evening. 2. INVOCATION - Pastor Rick Ponzo of Calvary Chapel Pastor Ponzo gave the invocation. 3. ROLL CALL— Mayor Dickey Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember Art Tolls; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich (telephonically) Absent: Vice Mayor Sherry Leckrone Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Mayor Dickey reported and she and Councilmember Scharnow were part of a ribbon cutting ceremony for Pro Skill on Saguaro Lake held by the Chamber of Commerce. Councilmember Scharnow also reported that he attended the annual banquet of the Greater Phoenix Economic Council where 1,000 people from all over the Valley were in attendance. He said that it was a grand celebration, a good networking time and he added that the Town's Economic Development Director was also present. Mr. Miller reported on the September 23, 2019, storm event which lasted less than 24 hours, but dropped 4 inches of rain. He said that it caused quite a bit of rainfall creating drainage issues, but a lot of the improvements put in at Golden Eagle Park after last year's storms did a good job of holding the sediment. To date, he said, they have spent approximately $5,500 on cleaning, with more work to be done. They had about $60,000 in restoration of the Kiwanis road with 32 hours of overtime. He said that staff did some good work trying to rechannel the washes coming into Golden Eagle Park. He said that although they did not get a lot of sediment, it was still quite a bit of mess. They are trying to finalize an engineering study and had just met with Fuller&Associates the week before to talk about their proposed plans. They were able to go out and see what happened and will incorporate their observations into the plan, which they hope to have within the next six weeks. Town Council Regular Meeting of October 15, 2019 2 of 7 Mr. Miller reported that at a recent joint meeting with the Yavapai Nation it was mentioned that there had been a lot of smaller aviation traffic flying over the Nation. He spoke with Jack Lunsford about this who, in turn, reached out to the Scottsdale Airpark and they seem willing to try and coordinate that better. Mayor Dickey reported that the Council also met recently with the Fountain Hills Sanitary District Board. She said that she had a recent interview with MAGazine, the publication put out by the Maricopa Council of Governments. They did a profile story and she got to talk about Fountain Hills. She said that it will be coming out in November. A. PROCLAMATION - October 20 - 26, 2019, as Arizona Cities and Towns Week Mayor Dickey read a proclamation proclaiming October 20-26, 2019, as Arizona Cities and Towns Week, and acknowledged that she was glad to read it with the League Director Ken Strobeck being present. Mr. Miller said that he would make sure it was hung up in Town Hall. B. PROCLAMATION - October as Domestic Violence Awareness Month Mayor Dickey read a proclamation proclaiming October as Domestic Violence Awareness Month, noting the purple ribbon at the entry of Town Hall, as well as the lighting at Town Hall is purple for the month. She said that she first became aware of this issue through her friend Jennie Gorrell, who was completely devoted to the efforts. C. PROCLAMATION - October 23 - 31, 2019, as Red Ribbon Week Councilmember Scharnow read a proclamation proclaiming October 23-31, 2019, as Red Ribbon Week. He said that he was a boardmember for the Fountain Hills Coalition and this had been requested by the East Valley Young Marines. After Item 5-A, the representatives of the East Valley Young Marines came forward to have a photograph taken with Mayor Dickey and Councilmember Scharnow. D. Recognition of Outgoing Commissioners Certificates of Appreciation were read for the following commissioners and Mayor Dickey presented Ms. Miles with hers. The others were not present. Christopher Jones, Planning and Zoning Commission Dana Saar, Strategic Planning Advisory Commission Dr. Patrick Sweeney, Sister Cities Advisory Commission Jackie Miles, Sister Cities Advisory Commission Town Council Regular Meeting of October 15, 2019 3 of 7 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION by Maricopa County Library Manager Maren Hunt. County Library Manager Maren Hunt said that she started as the Library Manager a year ago next week and it has been a wonderful year of learning about Fountain Hills. They are trying to integrate the library more into the community. She said that Fountain Hills is part of the Maricopa County Library District with 18 libraries around the county. She said that a lot of the larger communities have their own library system, such as Phoenix, Mesa, Scottsdale, Chandler, Tempe, Glendale and they are not part of the MCLD system. She said that they work with other communities in Maricopa County who do not have the resources to provide their own library services. She said that a Fountain Hills Library Card may be used at any of the other libraries throughout the MCLD system. She then gave a PowerPoint presentation which addressed: ORGANIZATION RESOURCES 21,330 books 1,645 audiobooks 10,529 DVD's 1,679 music CD's 36,000 items in physical 869 magazines 3 telescopes Ms. Hunt said that they have 7,000 active cardholders, or 28% of the community, but they would love to see more. She said that each cardholder checks out about 31 items on average, with 217,000 items checked out in the past year. PHYSICAL ITEMS PROGRAMS Councilmember Scharnow asked if they still track the usage--at one point they were the highest. Ms. Hunt said that they do keep track of statistics, but they do not track digital items and that has become very popular. She said that they also have a very devoted group of volunteers, Friends of the Fountain Hills Library Association, and they fund a lot of big performances, mostly through their book sales. They also have memberships, on an annual or lifetime basis. Mr. Miller said that it is a win/win, since every property owner in Maricopa County pays tax to a the district. They are one of the communities that is fortunate to have a branch. The Town provides the building and utilities and they provide the books, staffing, resources, etc. • 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H),public comment is permitted(not required)on matters NOT listed on the agenda.Any such comment(i)must be within the jurisdiction of the Council, and(ii)is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action.At the conclusion of the Call to the Public, individual councilmembers may(i)respond to criticism, (ii) ask staff to review a matter, or(iii)ask that the matter be placed on a future Council agenda. 4 Town Council Regular Meeting of October 15, 2019 4 of 7 Harris Deitch, Fountain Hills resident, addressed the Council regarding his concern with guns and the need for the Town to be better prepared. He said that the Council needs to protect the community. 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council.All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis Brown to approve Consent Agenda Items 7-A through 7-C. Vote: 6 - 0 Passed - Unanimously A. CONSIDERATION OF approval of the minutes of the Regular Meeting of October 1, 2019. B. CONSIDERATION OF approving a Special Event Liquor License application for the Sunset Kiwanis Club of Fountain Hills (Margaret Ziefert) for a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, Friday, March 6 through Sunday, March 8, 2020. C. CONSIDERATION OF approving one Special Event Liquor License application submitted by Jelaine Goldapper, representing the Fountain Hills Unified School District PTO, for a fundraiser to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, 85268 on February 29, 2020, from 6 pm to 11 pm. 8. REGULAR AGENDA A. CONSIDERATION OF appointments to the Board of Adjustment. Mr. Miller noted that Item 8-D, Hillside Protection Easement, had been withdrawn from the agenda as the department director that spearheaded the discussion had a family emergency. He said that it will be brought back to a later meeting. Mayor Dickey thanked the subcommittee and applicants. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike Scharnow to reappoint Nick Sehman and John Kovac III to the Board of Adjustment, with terms ending October 2022. Vote: 6 - 0 Passed - Unanimously Town Council Regular Meeting of October 15, 2019 5 of 7 B. CONSIDERATION OF approving the purchase of one (1) 2019 Ford F750 Regular Cab Dump Truck. Public Works Director Justin Weldy said that they were coming to ask for approval to replace their dump truck, which has reached its lifetime expectancy at 15 years old. He said that just in the last few days they are encountering some mechanical issues. He said that the Town has a policy that if the repair exceeds a certain amount based on the value of the vehicle then they will replace it, and they are at that point. Councilmember Brown said that the truck is 15 years old. He has been around it, and it is in fair shape, but he is recommending they go ahead and replace it. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Mike Scharnow to approve the purchase of one (1) 2019 Ford F750 Regular Cab Dump Truck in the amount of$83,815.83. Vote: 6 - 0 Passed - Unanimously C. CONSIDERATION OF Resolution 2019-50 urging ratification of the Equal Rights Amendment to the U.S. Constitution guaranteeing equal rights for men and women. Mr. Miller said that staff prepared this item at the request of the Mayor. He said that it is in the League's Legislative Agenda. At the time this item came up before Congress in 1971-72, it was approved but when it was presented to the states for ratification, Arizona was one of 15 states to not approve it. Over the past few years there has been a push to get the needed 38 states to ratify it. If Arizona would do so, it would become the 38th state to ratify. Mr. Miller said that the Equal Rights Amendment grants men and women equal rights; it does not get into a lot of other issues. From the perspective of the Town Manager and Town overall, their current practices adhere to the equal rights amendment as far as employment and service delivery. Mayor Dickey said that they get these requests for proclamations and other things over the years. There are 16 communities in the state that have passed this resolution so far. With the League adopting it as part of this year's legislative agenda, through approval of the resolutions committee and at the annual business meeting, they hope this will be the impetus to get it done. She then introduced Ken Strobeck, Executive Director of the League of Arizona Cities and Towns. Mr. Strobeck said that there are five policy committees within the League and any city/town can present a resolution to be considered. This resolution went before the Neighborhood, Sustainability and Quality of Life Committee, who recommended that it move forward. It then went before the Resolutions Committee who considers items to move forward to the full membership at the Annual Business Meeting. While it was not a unanimous decision, it was sent forward to the full membership and adopted as a part of this year's Legislative Agenda. He noted that it was first introduced in 1921, but was not approved by Congress until 51 years later. Councilmember Scharnow asked Mr. Strobeck if he had any idea on how the legislative session will look for this year. Mr. Strobeck said that it is always a risky business to try to Town Council Regular Meeting of October 15, 2019 6 of 7 guess what the legislature will do. Normally issues like this fall along lines of liberal and conservative, but there are individuals on both sides of the aisle. He said that it is difficult to get any bill passed. Councilmember Magazine asked what the objections were at the committee level. Mr. Strobeck said that some people felt this was not an issue relevant to cities and towns. Normally resolutions that they have are within their jurisdiction, but it is not always the case. He said that the League works for the cities and towns. Their job is to represent the cities and towns, and they do not take a position other than what the 91 cities and towns want to do. Mayor Dickey said that some feel they do not need it, but the Supreme Court said in the past that it is needed. There is no equal protection in the Constitution. Some feel that the 14th Amendment to the Constitution protected them, but they needed the 19th Amendment to get the right to vote for women. Equal rights are not guaranteed by the Constitution. Anissa Rasheta was asked to come forward, who is with the Equal Rights Amendment Task Force Board of Directors. She said that they have been running a campaign in Arizona. In the last few years there has been a much bigger push and she then presented some materials for anyone interested in looking them over. Ms. Rasheta said they just want a statement of equality in the Constitution. there is nothing complicated about ordinary equality. She said that there have been a lot of roadblocks. This would create a strict scrutiny and would raise the bar for sex discrimination by the courts. She said that they were told by J.D.. Mesnard that if he could see enough voices, he would be willing to see it through. She said that their rights have come by way of patchwork. The right to vote and all of the other rights have been piecemeal. When they had the right to vote, they still did not have the rights for divorce, marital rape, etc. Councilmember Magazine said that he thought it was a disgrace that women, on average, make 25% less for similar jobs. He asked if this would affect that issue. Ms. Rasheta said that there have been cases about those rights. The University of Arizona currently has a case regarding pay discrimination, and this would help in judicial review such as with that case. Mayor Dickey said that Senator Ugenti-Rita did introduce the bill last year, but it did not get a hearing. There was a Republican and a Democratic bill introduced separately, and she supports it. Ms. Burke noted that there were five written comment cards in support of the resolution from Ted Blank, Cindy Couture, Peggy Yeargain, Fred James, and Sherri James. MOVED BY Mayor Ginny Dickey, SECONDED BY Councilmember Alan Magazine to adopt Resolution 2019-50. Vote: 6 - 0 Passed - Unanimously D. CONSIDERATION AND POSSIBLE DIRECTION to staff regarding the requirements for providing hillside protection easements, the abandonment of existing easements, and the fee for easement abandonments. IItem reviewed from the agenda prior to start of the meeting. Town Council Regular Meeting of October 15, 2019 7 of 7 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s)listed below are related only to the propriety of(i)placing such item(s)on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 6 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held October 15, 2019, adjourned at 6:30 p.m. TOWN OF FOUNTAIN HILLS c . ,k.„...„), ,, Ginn ickey, Mayor ATTEST AND PREPARED BY: pa2- 2erk 6,�o lizabet . Burke, Town CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of October, 2019. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of November, 2019. )tr e e11„1,.e.f E izabeth ��:urke Town er I • I