HomeMy WebLinkAbout2020.0407.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 7, 2020
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
Mayor Dickey called the meeting of the Fountain Hills Town Council of April 7, 2020, to order
at 5:30 p.m. and led the Council and staff members in the Pledge of Allegiance.
2. MOMENT OF SILENCE
Mayor Dickey asked for a Moment of Silence.
3. ROLL CALL — Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Sherry Leckrone
(telephonically); Councilmember Art Tolis (telephonically); Councilmember Dennis
Brown (telephonically); Councilmember Alan Magazine; Councilmember David
Spelich
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
Town Manager Grady Miller said that there will be some changes taking effect with regard to
recycling. He said that residents should still put their recycling items in the recycling bin, but it
will be taken to the landfill temporarily during the COVID-19 pandemic.
Mr. Miller reminded everyone that next week would be the Council's Budget Workshop, but it
would be done telephonically, with none of the members of the Council attending in person.
He and Mr. Pock will be doing most of the presentation. It will be televised for the public's
viewing. He said that they have been told that the next 10-14 days will be the peak of cases
with COVID-19 and they are trying to keep their social distancing by having everyone remain
at home. He said that the public has not usually participated in the budget workshops, but
they have always been able to comment ahead of time so they will be sending out
instructions on how that will work.
Town Clerk Elizabeth Burke then gave an update to the upcoming special election on May
19, 2020, and also reported on the official listing of candidates for the August 4, 2020,
Primary Election.
Councilmember Spelich thanked all of the healthcare workers --the doctors and nurses. He
said that the Coronavirus has crippled their economy. The restaurants and businesses have
been devastated. He thanked Mr. Miller for working th entire weekend as he continued to
speak with him after residents began calling and e-mailing about restaurants that have not
been complying with the Executive Order.
He complimented those restaurants that have been compliant. He said that there was one
restaurant in town whose behavior during this time has been unconscionable. The disrespect
Town Council Regular Meeting of April 7, 2020
Page 2 of 7
that the owner has shown to Town staff and MCSO deputies is mind boggling. He said that
he believes that they have damaged their reputation, and they owe the community an apology
for the way they have conducted themselves.
Councilmemnber Scharnow said that he would urge everyone to simply not panic; be kind and
considerate, not hoard anything and keep calm and carry on with social distancing. He said
that for many of them it is a holy week, with Passover for the Jewish faith and Easter for
Christians. He said that Easter means hope and among all of this chaos, there is always
hope. He thanked Councilmember Spelich for his comments as well.
Mayor Dickey read the following statement:
As we conduct another meeting with very limited staff and Council mostly on the phone,
please know that all the surfaces have been sanitized, we are practicing distancing and have
masks if needed. We continue to explore new ways for public engagement, and please watch
the Times and our Website for updates.
The Town of Fountain Hills issued our first Emergency Proclamation on 3118 and you may
have heard we released second and third emergency proclamations in order in incorporate
terms of the Governor Ducey's Executive Orders, particularly his changes to the essential
services list and the new approval of a Presidential Major Disaster Declaration for AZ.
Our Emergency Declaration also serves as a sort of timeline describing the Federal, State
and local actions up to today. Again, please check with the Times at www.fhtimes.com and
our Website www.fh.az.gov to see the language as it very clearly states what is expected of
us to keep our State as safe as possible, and offers assistance through the economic
struggles many are facing. The Fountain Hills' Chamber is a local resource at
www. fountainhillschamber. com.
Gov. Ducey's Executive Orders are Arizona law, enforceable by municipal police and MCSO.
Although it is the Governor's and all our hope that once informed, community members will
show care and concern for their neighbors, healthcare workers and first responders by
following the safety recommendations and rules.
Staff and I have had regular contact and been on almost daily calls with State and local
leaders, both Senators, lawmakers and the County. They are assisting with all aspects of the
pandemic, including supply chain issues, which again, we have the power to control by not
overbuying and being aware of those who are at a disadvantage accessing food and
medicine.
There are a few websites that are good, basic sources, and a couple of phone numbers 1
would like to mention while we are streaming and for Ch 11:
The Arizona Together Initiative connects individuals and businesses to resources
www.ArizonaTogether. ora
For Arizona -specific public health guidance go to www.azdhs.aov
Center for Disease Control Homepage is www.cdc.gov.
The Arizona Commerce Authority has compiled resources for small businesses and workers
www.azcommerce.com.
Town Council Regular Meeting of April 7, 2020
Page 3 of 7
Last, information from the County says if you are in need of immediate assistance, to call the
Area Agency on Aging's 24-hour Senior Help Line, 602-264-4357
And any Arizonan can dial 2-1-1, and callers will be able to talk to a live operator during
business hours.
The Council, staff and I will continue to keep you informed as we move through these next
difficult weeks. In the meantime, staying connected is important. The Dark Skies folks figured
out a fun way to do that with their Virtual Dark Sky Festival, which can still be watched online.
Other groups are coming up with creative ways to help us reduce stress, listen to music,
read aloud, watch plays and movies and otherwise interact until we get to emerge and see
each other in person again.
Councilmember Magazine asked the public to help the Food Bank. He said that people out
there are hurting and anything they can do to help supply the Food Bank is appreciated.
Councilmember Tolis asked what was meant by Councilmember Spelich's comments, and
whether people were being arrested. He said that would seem to conflict with their
Constitutional rights. Captain Kratzer came forward and said that Governor's Executive Order
2020-09 allows restaurants to stay open for to -go orders, curbside take-out, or delivery, but
they cannot have onsite dining. He said that their biggest challenge has been with patrons
using the patios and tables that are set up. They have approached them from an educational
standpoint and for the most part have gained voluntary compliance.
He said that Arizona Revised Statutes 26-317 does require that people follow the orders given
by the Governor in times of emergency. He said that they have all had those legal questions
as they are in unchartered territory, but there is a provision that if it is violated, they are open
to a citation. He said that this applies to individuals as well. He said that a citation is their last
resort; they are reserving it for the most egregious of violators. Captain Kratzer said that
most of the restaurants have been understanding and are willing to take measures to deter
onsite dining.
Councilmember Magazine said that while he is aware of a specific problem, overall he is
finding that the restaurants are following the order. He said that they go to various restaurants
and they are bringing the food to the curbside, or to the window, and he complimented those
restaurants for handling so well under dire circumstances. He is especially concerned for the
servers and kitchen staff. He urged the public to give sizable tips, more than usual.
Councilmember Tolis said that he did not think that the Executive Order is intended to limit
someone's ability to go out and be in the fresh air. He said that a lot of the restaurants have
outdoor patios, and if they are within the social distancing people can still use them.
Mayor Dickey said that after the Executive Order was issued regarding restaurants, then the
Governor issued the Stay at Home order. She said that it allows the public to do certain
things, but they are trying to prevent the attraction for anyone to stay and gather until April 30.
Captain Kratzer said that the Executive Order is clear, STAY AT HOME ORDER. It outlines
essential services and outside of those there is not much of a gray area that would allow
sitting on a patio, even if they are practicing social distances.
Mr. Arnson echoed those statements, emphasizing that EO2020-09 prohibits onsite dining.
Town Council Regular Meeting of April 7, 2020
Page 4 of 7
Title 26 of the Arizona Revised Statutes gives the Governor executive authorization to issue
such an order and the residents of the state and municipalities are bound that by order.
Mayor Dickey said that those people providing essential services have to do that; they are
providing a service. The rest are being asked to stay home until April 30. People can still go
out and pick up food and drinks, but then they are to take it home. She said that they can
spend time with their families. Speaking from a week of getting a lot of input from the citizens,
there are many people in the Town that want to be safe.
5. 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 Vice Mayor Mike Scharnow to
approve the Consent Agenda Items 5A through 5F.
Vote: 7 - 0 Passed - Unanimously
A. CONSIDERATION OF approving the meeting minutes of the Council Retreat of February 25,
2020, the Special Meeting of March 17, 2020, and the Regular Meeting of March 17, 2020.
B. CONSIDERATION OF approving a Liquor License Application for Pizza Hut, located at 13693
N Fountain Hills Boulevard #103, Fountain Hills, Arizona, for a Series 10 (Beer and Wine
Store) license.
C. CONSIDERATION OF ratifying the Town Manager's emergency approval of a Professional
Services Agreement (Contract No. 2020-071), with Wood Patel & Associates for engineering
design services for the Panorama Drive storm drain replacement.
D. CONSIDERATION OF (1) Adopting Resolution 2020-05, abandonment of a portion of the
existing Eagle Ridge Drive right-of-way and appurtenant easements, north of Harmony Lane in
Adero Canyon; and (2) Adopting Resolution 2020-10, dedication of new right-of-way and
easements for Eagle Ridge Drive, north of Harmony Lane in Adero Canyon.
E. CONSIDERATION OF adopting Resolution 2020-14 approving an Intergovernmental
Agreement with the Maricopa County Flood Control District for Golden Eagle Park
Dam, Debris Mitigation Improvements.
F. CONSIDERATION OF approval of Professional Services and Employment Agreement
between the Town of Fountain Hills and Robert E. Melton for the position of Presiding Judge of
the Fountain Hills Municipal Court.
REGULAR AGENDA
A. CONSIDERATION OF approving a Cooperative Purchase Agreement 2020-076 with Level 3
Audio Visual LLC for the replacement of council chambers audio and video equipment.
Town Council Regular Meeting of April 7, 2020
Page 5 of 7
Mr. Miller noted that this item had been discussed at the recent Retreat. IT Manager Mike
Ciccarone said that he had no PowerPoint presentation to give, but he said that the current
audio visual equipment was installed in 2005. Over the past few years they have had
equipment failures and parts are becoming harder and harder to obtain. They have also
received complaints form the public of not being able to hear some of the Councilmembers
during meetings.
He said that once a meeting is over it takes about the same amount of time to encode the
recording to be able to place it on YouTube. The new equipment will allow that process to be
done within minutes. He said that the proposed equipment will alleviate all of these issues.
He said that the Town received four proposals; three of which were based on a state
cooperative contract. He also reached out to the licensing division with the Town, but found
one additional vendor had actually moved out of town and the other did not return his calls or
emails.
Mr. Ciccarone said that if this is approved, it will be about eight weeks for the vendor the
purchase the equipment, receive it, and then configure it in their office. They will first test it
and then bring it out for installation. During that same time they will install new wiring, looking
at an installation time around the middle of June.
Councilmember Magazine asked about the warranty on the equipment. Mr. Ciccarone said
that it has a one year warranty which is typical on AN equipment. They do have the ability to
purchase additional years, but typically they would have equipment failures around 10-15
years; the first few years are usually fine.
Councilmember Brown asked how long the vendor had been in business. Mr. Ciccarone said
that he did not know that off -hand, but it is a national company that has been around some
time. Councilmember Brown said that every member of the public and the Council is putting
their faith in this. He asked if there was anything he would do differently. Mr. Ciccarone said
that for what they do in the room, this system will take care of their needs for many years to
come. He thinks it is a good proposal.
Councilmember Brown said that he appreciated the hard work he has put into the proposal.
Councilmember Spelich said that this was brought up during the budget meeting at the
Community Center. When it was brought up, he had made some comments, but
Councilmember Brown was sitting next to him and explained that it is needed, and they have
been promising this since he has been on the Council. He said that they owe it to those that
cannot be at the meeting. Councilmember Spelich said that Councilmember Brown changed
his outlook on this purchase. He believes that Mr. Ciccarone researched it well and after
listening to the elder Councilmember and residents, he tends to say it is necessary.
Councilmember Leckrone said that she thought they were all in agreement. She looked at
this as a necessity; something that they have an obligation to do. She said that it was long
overdue.
MOVED BY Councilmember Dennis Brown (telephonically), SECONDED BY Councilmember
Sherry Leckrone (telephonically) to approve the Cooperative Purchase Agreement with Level 3
Audio Visual LLC in the amount of $118,943.23.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of April 7, 2020 Page 6 of 7
B. CONSIDERATION OF Approving the Professional Service Agreement with Consolidated
Electrical Distributors, Inc., Contract No. 2020-072.
Mr. Miller said that as the Council was aware, the lighting of the fountain is aged and all the
infrastructure is in need of repair. Over the last few years they have had a number of failures.
Community Services Director Rachael Goodwin gave a brief PowerPoint presentation which
addressed:
FOUNTAIN LIGHTS
DOWN IN INTERWORKINGS
CURRENT OPERATIONS
RESEARCH FOR REPLACEMENT
THE PRODUCT
WHY NOW AND WHO SUPPORTS THIS EFFORT?
She said that Kevin Rose, representing the manufacturer, was on the phone should anyone
have a question for him.
Vice Mayor Scharnow said that he thought this was great and desperately needed. It fits in
perfect with the anniversary since the fountain in the Town's namesake.
MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember David Spelich to
approve the Professional Service Agreement with Consolidated Electrical Distributors, Inc.,
Contract No. 2020-072.
Vote: 7 - 0 Passed - Unanimously
7. 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.
None
8. ADJOURNMENT
The Regular Meeting of the Fountain Hills Town Council held April 7, 2020, adjourned at 6:25
p.m.
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan
Magazine to recess the meeting of April 7, 2020.
Vote: 7 - 0 Passed - Unanimously
TOWN OF FOUNTAIN HILLS
1
f
Ginn ickey, Wyor
Town Council Regular Meeting of April 7, 2020 Page 7 of 7
ATTEST AND PREPARED BY:
Elizaberurke, Town CI k
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 7th day of
April, 2020. 1 further certify that the meeting was duly called and that a quorum was present.
DATED this 21 st day of April, 2020.
Eli abeth . B rke, Town Cle