HomeMy WebLinkAbout2020.0519.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
MAY 19, 2020
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
Mayor Dickey called the meeting of May 19, 2020, to order at 5:30 p.m. and led the Council
and audience in the Pledge of Allegiance. She noted that Item 8-F had been pulled from the
agenda.
2. INVOCATION - Dr. Bobby Brewer, North Chapel Bible Church
Dr. Bobby Brewer of North Chapel Bible Church gave the invocation.
3. ROLL CALL — Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Sherry Leckrone
(telephonically); Councilmember Art Tolis (telephonically); Councilmember Dennis
Brown; Councilmember Alan Magazine; Councilmember David Spelich
(telephonically)
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
Councilmember Spelich said that last week was National Police Week, started in 1962 by
President Kennedy. On May 15, 2020, they added 307 names to the wall, and unfortunately
the COVID-19 put a damper on that memorial service. He thanked all the men and women of
law enforcement for their work and recognized them.
Mayor Dickey said that a sixth Emergency Declaration was issued, incorporating the
Governor's most recent Executive Order. They continue to guide people to use the CDC
website as it differentiates between different industries. She said that here they are giving out
masks and sanitizers to Town employees. She said that while the numbers look alarming they
are doing a lot more testing so those numbers alone are not as bad as first appear. She said
that they are on a good trajectory for the number of hospitalizations. She was anxious to see
how the opening up will affect the numbers and she asked everyone to continue with their
individual responsibilities.
Mayor Dickey said that she has been working with James in Economic Development and the
Town Manager to create a Health and Business Resource Sheet which is on the website. It
provides good news with what they can do. She said that if anyone had questions they
should call or e-mail any of them and if they do not know the answer, they will find it.
She attended a virtual business meeting of the Arizona Canadian Business group. They are
active in the medical field and they are excited about the new trade agreement.
She said that she also attended a quarterly meeting with mayors and supervisors with GPEC.
There was a lot of talk about the CARES Act. They have had some difficulty accessing the
Town Council Regular Meeting of May 19, 2020
2of12
$1.9 billion that is left after part of the initial money was distributed. She said that Mayor
Gallego expressed appreciation for GPEC and they are trying to get resources for those with
populations under 500,000. She said that the League is actively petitioning the Governor to
allow them to participate in the distribution formula. She said that they also sent letters to the
federal delegation asking that they not consider it a bailout. She asked that they help them
help their constituency.
Councilmember Magazine said that he has noticed around town that a lot of people are not
paying attention to congregating in large crowds. He said that it only takes a few people in a
crowd like that to cause problems. He will be asking Captain Kratzer what they are doing. He
asked Mr. Miller if Congress does make appropriations to the states if there was any way of
knowing if any of it would filter down. Mr. Miller said that it would probably be based on
population. He said that even with the FEMA funding, it is based on actual expenditures and
tends to be grants and aid to those with 50,000 populations or more that are direct recipients
of CDBG.
Councilmember Tolis said that if Councilmember Magazine wants to discuss with the captain
regarding enforcement of social distancing, that is a policy matter that the entire Council
should be discussing. No one councilmember should be taking it upon themselves to direct
the Sheriffs Department.
Mr. Miller said that staff has returned to Town Hall and the Council Chambers have been
open to the public; however, they will have more restricted and limited access.
A. A PROCLAMATION recognizing National Day of Prayer and declaring May 7, 2020, as
Fountain Hills Day of Prayer.
Councilmember Brown read the proclamation proclaming May 7, 2020, as Fountain Hills Day
of Prayer and presented it to Pastor Brewer of North Chapel Bible Church.
B. RECOGNITION of outgoing Community Services Advisory Commission Youth Commissioner
Hayden Arnold.
Mayor Dickey read a recognition of Community Services Advisory Commission Youth
Commissioner Hayden Arnold and presented it to him, wishing him the best in his future
endeavors.
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. PRESENTATION by MCSO Captain Larry Kratzer with a monthly report of MCSO activities.
Captain Kratzer thanked Councilmember Spelich for his comments and thanks to the men
and women. He said that he would be addressing some of the kind acts seen by MCSO with
the local businesses and residents. He said that several restaurants have contacted him with
the desire to feed his officers on patrol. He said that one restaurant had not even opened their
doors but found a date to feed them. On Easter Sunday, another restaurant fed the officers
and several residents have had pizza delivered for the deputies and have dropped off treats
and snacks. He thanked the businesses and residents that showed support.
Town Council Regular Meeting of May 19, 2020
3of12
He said that over the last two months they have seen an uptick in fraud cases. He said that
unfortunately the demographics of the town make these residents ripe for being taken
advantage of. He said that they had a 94 year old out of $150,000 and an 80 year old out
$19,000. He said that they are elaborate scams and there is not a lot that law enforcement
can do; they involve foreign accounts and cell phones that are not traceable.
He asked that the public be educated and remind the older population, perhaps through their
children that live close, to keep them aware of these scams. He said that in the future they
plan to hold Fountain Hills Cares where they will have residents come out and they will
provide sessions to learn about fraud and con games. He said that they also do community
outreach with Coffee with a Cop. He added that he left some information at the back of the
room they are welcome to take with Ten Things To Do to Avoid Fraud.
Captain Kratzer said that with the way the contract is with the Town, his direction usually
comes from the Sheriff himself. He does not know of a scenario where one councilmember
directs the MCSO department. He said that the burden of enforcement of the executive orders
was placed on local law enforcement and it is a constant learning situation. He said that
similar to the Governor's Stay at Home Order, if they get calls they will respond, with a lighter,
softer touch through their Service Aides and educating the public.
Sheriff Penzone outlined in his directives, when the orders were modified, that there would be
no arrests or citations. He said that there are plenty of opinions on this issue, but
MCSO's approach will be through educating the public.
Councilmember Magazine said that he was not previously suggesting that they direct the
department, but more that he had questions to ask. He said that Captain Kratzer's explanation
has answered those questions.
Councilmember Tolis said that he appreciated all that MCSO does. His understanding now is
that the executive order has been rescinded or expired. He also said that there had been
some discussion about the orders not being constitutional. After further discussion, Mr.
Arnson said that some of the provisions in the Stay at Home Order were carried over into the
May 12 Order, 2020-36, and he would be happy to follow up with Council and provide
additional information. He said that those are still in effect and available online as well.
Mayor Dickey added that the new order is available online at www.azgovernor.gov. She said
that each of the orders are listed, but if they read the news release associated with each, it is
much easier to understand. And, as to the constitutionality, a federal judge in Arizona
determined that they are constitutional.
Councilmember Spelich asked Capt. Kratzer to ask his detectives in Fountain Hills to take
time to meet with bank managers and inform them of the scams going on in town. When
customers are coming in to banks to withdraw large amounts of money, the tellers could ask
questions and maybe stop someone from being a victim.
Mayor Dickey noted that at this time she was going to move up Item 8-G to hear from Jack
Lunsford on legislative issues, who was on the telephone.(See Item 8-G for minutes)
Town Council Regular Meeting of May 19, 2020 4 of 12
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.
None
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-G.
Vote: 7 - 0 Passed - Unanimously
A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of May 5, 2020.
B. CONSIDERATION OF approving adjusting budget transfers for Capital Projects Fund and
General Fund.
C. CONSIDERATION OF adopting Resolution 2020-19 an Amendment to the Intergovernmental
Agreement with Fountain Hills Unified School District.
D. CONSIDERATION OF adopting Resolution 2020-26, abandoning a portion of the 10' Public
Utility Easement and Drainage Easement on the Arroyo Vista Manor Condominiums plat (a
duplex condominium lot, originally Plat 206, Block 7, Lot 11).
E. CONSIDERATION OF adopting Resolution 2020-28, abandonment of the 10' Public utility and
Drainage easement on Plat 603-B, Block 5, Lot 11 (15601 E. Cholla Drive) as recorded in Book
161, page 41, records of Maricopa County, Arizona. (EA 2020-05)
F. CONSIDERATION OF adopting Resolution 2020-27, abandoning the 10' Public Utility and
Drainage Easement at the southerly (rear) of Plat 603-B, Block 1, Lot 18 (15621 E. Thistle
Drive), as recorded in Book 161, page 41, records of Maricopa County, Arizona, with
stipulation. (EA 2020-04).
G. CONSIDERATION OF approving a Liquor License Application for Asian Fang, located at
16740 E Palisades Boulevard #110, Fountain Hills, Arizona, for a Series 12 (Restaurant)
license.
Town Council Regular Meeting of May 19, 2020 5 of 12
REGULAR AGENDA
A. HOLD A PUBLIC HEARING AND CONSIDER adoption of Resolution 2020-01, adopting the
Fountain Hills General Plan 2020 and calling a Special Election on November 3, 2020, for
voter ratification of the Plan.
Mayor Dickey opened the Public Hearing.
Mr. Miller said that this item was already approved at a Planning and Zoning Commission
meeting and John Wesley, the Development Services Director, would give a report on this
project which started over a year ago. He said that there has been a lot of hard work and
effort put into it and the consultant, Maria Mask, was on the phone should they have any
questions.
Mr. Wesley gave a PowerPoint presentation which addressed:
PLANNING PROCESS MILESTONES
OVERVIEWING PRINCIPLE
VISION
CHARACTER AREA MAP
OVERVIEW OF A 150-PAGE DOCUMENT
Councilmember Magazine said that he did not make it a secret that he was not happy
spending over $100,000 for the study, but it is mandated by the state every ten years and
they did an excellent job.
Mr. Wesley said that they met with the various commissions, including the Strategic
Planning Advisory Commission, last November and received 23 comments.
Councilmember Magazine said that they were going to be asking the voters to vote on the
final plan. He asked if there was plan to do a "CliffsNotes" version and how they would get
the word out. Mr. Wesley said that is always a challenge. The Town can educate; they
cannot advocate. One of the requirements with the consultants is to put together an
Executive Summary.
Ms. Mask said that it has been a long process. They are in the process now of completing
the Executive Summary and that is what they will use as an educational tool for people that
do not want to read the entire document.
Councilmember Magazine requested that the Council review the Executive Summary
before it goes out. Others agreed. He thanked the staff, stakeholders and consultants for
doing an excellent job.
Vice Mayor Scharnow asked if they would say the plan allows for changes. He said that in
light of the Daybreak issue, they have been taken to task for amending the General Plan.
He asked Mr. Wesley to explain how the process works.
Mr. Wesley said that the General Plan is general; it allows for issues to come forward and
possibly make changes. He said that a General Plan is a policy document, an adopted
guidance, with the understanding that it will be, and needs to be, amended. The state
statutes define what is considered a major versus minor change.
Town Council Regular Meeting of May 19, 2020
6of12
Mr. Wesley said that has been done in this plan. While Maria is a good, seasoned planner,
they do not always get everything right and there needs to be an ability to amend. He said
that a good example is the Palisades/Shea area. It is in the plan as a secondary gateway.
With regard to neighborhood characters, it showed higher density residential in the Town
Center and the Shea corridor. He agreed with that and that is what they did. He said that
there is some flexibility and some reasoning to look at projects as they come in.
Councilmember Magazine said that was an excellent point; it is not gospel. He suggested
that this explanation be included in the Plan itself. Mr. Wesley said that they could come up
with something like that for the Plan, or perhaps include it in the Executive Summary.
Vice Mayor Scharnow said that he thinks there is enough broad and general language that
anything the Council does they could be hung with.
Councilmember Brown said that the current General Plan, which is ten years old, does not
even allow for mixed use. Over the last ten years every time the councils try to amend the
General Plan they are abused. They should be able to go in and make changes.
Mayor Dickey said that the General Plan is a reference, a guiding theme. When they talk
about what they are, if they read the beginning of this, it explains, but it still has to integrate
with the Zoning Ordinance and the Town's specific plans. They also coincide with the
Strategic Plan Advisory Commission and Vision Fountain Hills. It is worthwhile for them to
have. She said that one of the conversations with Daybreak was whether it was a major
versus minor amendment. it is important to include wording about the ability to make
amendments.
She said that soon they wII be having a report from the Traffic Safety Committee and there
is a lot of discussion about safety in the General Plan, and speeding. She said that it helps
to have something there as a guide that everyone has voted on. It can be a guide; it does
not mean it is a dictation.
Mayor Dickey said that it does mention being a walkable Town, but she would like to see
that emphasized more. Also, with regard to infrastructure, they have talked about having
internet for the entire community as being part of infrastructure and she would like to see
that added. She thanked them for adding the brownfield efforts. They recently had one tank
removed and they have a couple of other areas in Town.
She said that Page 29 mentioned school property and she asked if they could put
something in the Plan on #7 with the school district property having restrictions and
including wording such as "in accordance with state statutes." She also said that they are
working with Valley Metro and Proposition 500. She asked if they need specific things
listed. Mr. Wesley said that those are outside of what they would consider in a General
Plan document. They do have a section on the street network and they have covered that
from a broad perspective.
Mayor Dickey said that page 79 references MCSO and Rural Metro, but she asked if there
was anything preventing them from exploring their own departments. She asked if the
priorities and timetables could be changed administratively. Mr. Wesley said that they could
and that is stated.
There being no public input, Mayor Dickey closed the Public Hearing.
Town Council Regular Meeting of May 19, 2020
7of12
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan
Magazine to adopt Resolution 2020-01 with the recommended changes (school district
property, Rural Metro/MCSO, explanation in the beginning that it is a general plan and can
be amended).
Vote: 7 - 0 Passed - Unanimously
B. CONSIDERATION OF Awarding the Annual Landscape Contract #2020-062 to
BrightView Landscape Services, Inc.
Mr. Miller said that this is the third largest contract they have for services in Town. The
company will provide landscaping and maintenance for rights -of -way, parks and grounds
keeping. He then asked Parks Superintendent Kevin Snipes to give his report.
Mr. Snipes said that this is the Town's landscape contract. The new contract proposal was
advertised in the Fountain Hills Times and the Business Gazette. They had nine people
show up for the mandatory meeting. From those they had four proposals. On April 7, 2020,
they had a group of five different staff members that are touched by the contract and they
scored the proposals based upon general information, experience/qualifications, key
positions, project approach, project schedule, and budget. Through that process 500 points
were possible. The top scorer, with 474 points, was the highest scored by 51 points. There
was a definite difference between one and two.
Mr. Snipes said that this is a contract that is important to the Town. They will maintain the
rights -of -way, all parks mowing and major tree trimming, irrigation work and design area. He
said that they can do more than just general maintenance. He said that the group
recommended is Brightview Lanscape Services for $388,012.10, with an additional
$50,000.00 for unexpected purchases on an emergency basis, as approved by Town staff.
Vice Mayor Scharnow asked if the "owner's allowance" was something they had in the
current contract. Mr. Snipes said that it was not. He said that one thing he kept running into
over the years that if something came up, he was unable to jump on it and get it fixed. This
allows for that to take place. If it is not needed, it will not be touched.
Vice Mayor Scharnow asked if they are going to be able to have the resources available if
there are big monsoons that hit, if they are contracted with the other big cities. Mr. Snipes
said that he could not answer that since he has never worked with them, but there were
three of their staff at the meeting. Mr. Miller said that the Town does have other emergency
vendors. There is a local company that could help with heavy work as the parks typically
get hit hard.
Vice Mayor Scharnow said that they have had previous discussions about the median on
Palisades and asked if they would be dealing with that project. Mr. Miller said that he
believes that the Public Works staff will be able to do some of the work themselves.
Councilmember Magazine asked if it was at the contractor's sole discretion to use the
owner's allowance. Mr. Miller clarified that the Town would have to authorize any of those
funds being spent.
Town Council Regular Meeting of May 19, 2020
8of12
MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Sherry Leckrone
(telephonically) to award the Annual Landscape Contract #2020-062 to BrightView
Landscape Services, Inc. in the amount not to exceed $388,012.10 with an additional
$50,000 as an owner's allowance for expenditures on an emergency basis.
Vote: 7 - 0 Passed - Unanimously
C. CONSIDERATION OF a proposal to create a Fountain Hills Walk of Mayors at the linear
park on Avenue of the Fountains.
Mayor Dickey recused herself from discussion on this item.
Mr. Miller said that a few weeks ago Councilmembers Brown, Leckrone and Tolis had asked
that an item be placed on a future agenda to discuss the possibility of recognizing all past
and present mayors of the Town.
Councilmember Brown said that there have been eight mayors in the Town of Fountain
Hills and between being appointed by four different mayors to the Planning and Zoning
Commission, he has worked with three of them on Council. He has witnessed the abuse
given to the mayors. While the councilmembers receive it as well, with the mayor being the
leader and in Town Hall day after day, folks not participating as a councilmember do not get
to know and see the value of the mayors that lead the town.
He said that since they have the walk on the Avenue of the Fountains, they would like to
see every mayor recognized somewhere in the Town and that is the perfect spot to be
considered. Councilmember Leckrone agreed; she thought it was a great idea.
Councilmember Spelich said that he appreciated this coming to the Council's attention. He
has mixed emotions about naming things after people. He is opposed to it being limited to
just former mayors. While he understands that being a mayor in this town sucks the life out
of them, he would be opposed to this if it was simply for mayors. There are many civilians
and community members that serve the community in various ways and he does not
believe it should be just for elected officials. Councilmember Magazine said that he would
be concerned going in that direction, and asked who would make the selections. Leaders of
their community are already recognized through the Lower Verde Valley Hall of Fame.
Vice Mayor Scharnow asked if they would agree to the general concept, but have staff
consider other possible locations.
Mr. Miller said that tonight staff was seeking direction on whether to have them develop a
conceptual design and estimated cost to be brought back to the Council for further
consideration. Councilmember Brown said that is exactly the conversation he thinks they
should have. He believes that their leaders carry a special torch. He said that he suggested
the Avenue because that is where Sharon Morgan was recognized, but he is not married to
that location at all.
Councilmember Spelich asked if it would include others, or just the mayors.
Councilmember Brown said that he was requesting just the mayors. Vice Mayor Scharnow
suggested, and others agreed, that all mayors should be recognized equally.
Town Council Regular Meeting of May 19, 2020
9of12
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Sherry
Leckrone (telephonically) irect staff to develop a conceptual design and estimated costs of a
Walk of Mayors and other possible concepts for Town Council consideration and approval at
a future Town Council meeting.
Vote: 6 - 0 Passed
D. CONSIDERATION of Amendment #1 to contract 2017-034 with Bel -Aire Mechanical for
HVAC maintenance and repairs and the associated budget transfer.
Mr. Weldy said that he was requesting funding for two compressors. He said that the #2
Chiller, which is approximately 20 years old, has taken the majority of the load to cool town
facilities. He said that Raymond Rees, himself and Mr. Miller reviewed their options. They
have a long-standing, good relationship with Bel -Aire who has managed to help keep these
things moving.
He said that the proposal is for two duplicate units and shipping back the old units, for which
they will be given a $1,500 per compressor core fee. They are also asking for additional
funding toward their contract for unexpected work.
Councilmember Brown said that this was brought to Council by Mr. Rees probably six years
ago and he has managed to fix them. He asked if there was funding available. Mr. Weldy
said that the funding is there. He said that the Town Hall campus is controlled separately.
Inside there are several departments and compartments that are conditioned for their use.
The Council Chambers is held at a basic temperature and when needed it is programmed
appropriately. The same goes for the larger meeting spaces in Town Hall and at the
Community Center.
Councilmember Magazine complimented Mr. Weldy and his staff. He comes before Counci
at almost every meeting with items. He cannot even begin to imagine how much work goes
into getting contracts, working the budgets, etc. He said that they do a terrific job.
MOVED BY Vice Mayor Mike Scharnow, SECONDED BY Councilmember Alan Magazine to
approve Amendment #1 with Bel -Aire Mechanical for $81,000 for HVAC maintenance and
repairs, and the required budget transfer.
Vote: 7 - 0 Passed - Unanimously
E. CONSIDERATION OF options and direction to staff regarding the completion of the Fountain
Hills Blvd. shoulder paving project.
Mr. Weldy said that they do not yet know from the comptroller with the State how much
funding is left, but they wanted to provide an update. Through value engineering and
savings on projects they have done in house they have some funding in the capital fund
and there is one-time money from HURF. There are a few options available: 1) direct select
the contractor that was already building the shoulder; or 2) take the documents approved
and release it for public, sealed bids to construct the second half. He said that they want to
keep the project in the forefront. They are frustrated with the amount of time it has taken to
close out this project.
Town Council Regular Meeting of May 19, 2020
10of12
Councilmember Magazine asked staff if they felt it would be a minor difference if they took
it out for bid. Mr. Weldy said that it is a risk. Right now the market is up and down. He
believes that if they put it out to public bid, because of the competition available, it would be
in the best interest of the community. It does not mean that they would have to select them.
Staff was asked what the time difference was between the two options. Mr. Weldy said that
they are minimal. it will be two months no matter what they do. They would not come back
with it until the fall, probably in September. He said that they already have a bid packet,
they just need to advertise. He said that even if they went with direct select, they may not
be ready before the Council break.
Councilmember Brown suggested that they put in on the streets.
Mr. Weldy said that the first phase is tied to this section, but there would be no ADOT or
federal funding involved in this phase. Those funds would be used for the project manager.
It could be 18-24 months before they see any refund. He said that right now they are saying
it is around $70,000, but staff believes it is considerably higher.
Councilmember Brown asked if they would have the funds available if they go through this
process. Mr. Miller said that they will be using HURF funding along with the recent
proceeds from the Fire Station.
Councilmember Brown asked if this would take away from repairing streets throughout
town. Mr. Miller said that his preference would be to use the capital funds. Mr. Weldy
agreed.
MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan
Magazine to direct staff to prepare a sealed bid package and award a contract to construct
the shoulder widening improvements.
Vote: 7 - 0 Passed - Unanimously
F. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the approval of the 2020
Ten Year Pavement Management Program.
ITEM REMOVED FROM AGENDA
G. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or
pending before the State Legislature.
Mr. Lunsford joined the meeting telephonically to give an update of what is happening
legislatively. He said that the Senate met last Thursday and sent a message to the House
that they were ready to adjourn. The House, in turn, met today and had committee
meetings last week , with more scheduled this week. He said that the notion is that
legislative bills would be COVID related directly or indirectly and there approximately 60 of
them. They will not by amended so they can go directly to the Governor.
Mr. Lunsford said that they have been tracking the short-term rental bill. It has died as far
as they know, but they will continue to keep an eye out. He said that Representatives
Kavanagh and Farnsworth are introducing legislation regarding civil liability for people who
Town Council Regular Meeting of May 19, 2020
11 of 12
have violated the Executive Orders or who may violate them. He said that it states that
anyone charged with or convicted of a violation during an emergency declaration would pay
a $100 civil penalty, rather than the current fee which is much higher. It also prohibits a
Town from suspending or revoking business licenses of a business found in violation. He
said that it also expands the liability immunity that if a person gets COVID they will not be
able to take an action against schools, individuals, businesses, churches, nonprofits, etc.
There is also a version from Senator Leach that would expand that to governmental
agencies and health care providers and that is the one the League supports.
He said that in order to become effective immediately, it would require a 2/3 vote from each
chamber. If it passes without the emergency it would become effective 90 days after the
session ends, assuming the Governor signs it.
Mayor Dickey asked if the first bill referenced would include a civil penalty of $100 for
violation of any Executive Order in the future. Mr. Lunsford said that as he reads it, he
believes they are going to restrict it in session law, so it would only be effective during this
time. He said that no one outside the Legislature has seen the exact language.
On the federal level, there are efforts for the next round of federal stimulus relief. He said
that the US House passed a $3 trillion bill past Friday, and the ball is now in the Senate's
court. He said that he did see some publication earlier that there are some bipartisan
efforts to move that forward.
Mr. Lunsford said that transportation is important and in Arizona he is a member of the
Transportation Business Partners, a group of advocates for transportation, roads, highways
and transit. He said that group has evolved into the Arizona Coalition for Transportation
Infrastructure with over 41 organizations in the group. He said that they have come forward
with a one -page document and letter in which they are asking as many organizations as
possible to communicate to their delegation to: 1) move forward the COVID economic
stimulus; and 2) fast track the transportation reauthorization at the federal level.
With regard to HURF funding which funds the roads in Arizona, they were originally
estimated at a $500 million shortfall. As of last Friday, it is now estimated at a $711 million
shortfall.
He said that many agencies are reducing their budgets by up to 15%. Today he was a
Zoom Meeting with Senator McSally and about 50 others, and they talked about the grants
available for local governments and the need for greater flexibility and waivers for the
matching requirements to be extended.
He asked the Council to consider supporting the Arizona delegation in support of additional
transportation infrastructure, for not only the state but down to the towns.
Mayor Dickey said that they would look at his letter and would support it as the Town relies
on HURF funds. She asked him to keep the Council posted on any changes.
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.
None
Town Council Regular Meeting of May 19, 2020 12 of 12
10. ADJOURNMENT
MOVED BY Councilmember Dennis Brown, SECONDED BY Vice Mayor Mike Scharnow to
adjourn the Regular Meeting of May 19, 2020.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held May 19, 2020, adjourned at
7:59 p.m.
ATTEST AND PREPARED BY:
K�'f'400�e -
izabet Burke, Town erk
CERTIFICATION
TOWN OF FOUNTAIN HILLS
Ginn ick y, Mayor
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 19th day of
May, 2020. 1 further certify that the meeting was duly called and that a quorum was present.
DATED this 2nd day of June, 2020.
Elizabet �.urke, Town Cle