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HomeMy WebLinkAbout2020.0928.TCSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 28, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. She said that over the past month they have lost two community members, past councilmembers Mike Archambault and Ed Kehe, who both served the community for many years. She expressed their thoughts and sympathy to the respective families. 2. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Gerry Friedel; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 3. CONSIDERATION OF a special event permit for the Fountain Fair (Nov. 13-15) organized by the Fountain Hills Chamber of Commerce. Betsy LaVoie, Director of the Fountain Hills Chamber of Commerce, gave a PowerPoint presentation on the special event license application for the Fountain Fair. It addressed: OTHER COMMUNITIES PUBLIC HEALTH SAFETY PLAN Councilmember Brown said that on October 6, 2020, the County Supervisors will be looking at the COVID-19 issue one more time, and he asked if the Chamber would be consistent with their guidelines. Ms. LaVoie replied that they would. Ms. LaVoie said that they typically have 450 vendors, and currently have 315. They have another 120 waiting to hear about the safety plan and if the application is approved. She said that typically they have 12 security personnel hired to roam throughout the event. This time, they will have 25 roaming and at the signage points. She said that they could have additional personnel if needed. Vice Mayor Scharnow recommended that they have at least one stationary personnel. Ms LaVoie said that with the additional personnel, that would not be a problem. Vice Mayor Scharnow asked what would happen if it was approved tonight, but then the COVID-19 numbers skyrocked. Mr. Miller said that canceling would not be done in a vacuum. They would have the Mayor, Town Manager and staff get with the Chamber. Ms. LaVoie said that when they released the applications, it stated that if the local government had to cancel the event, they would get 100% of their money back. Town Council Special Meeting of September 28, 2020 2 of 5 Councilmember Magazine said that it was an outstanding presentation and she had clearly thought it through. He said that he did have a few concerns, such as how vendors are going to be able to keep their booths wiped down and sanitized. And, it states that they would have ten or less people in the tents. Most of the tents are 10 x 10. He asked how this could be enforced. Ms. LaVoie said that the booths are 11 x 14; most of the booths handle 3-4 people max. They put a "no more than" maximum because some exhibitors buy more than one. She said that the artists they have heard from are desperate to have the opportunity. For some, it is their sole income. Councilmember Friedel said that he has worked the Chamber booth in the past and prior to COVID, they had sanitation stations. Ms. LaVoie said that they will make sure to increase their sanitation stations, including the information booth. She said that they will not have the long lines as in the past because vendors will not be checking in theree. Councilmember Friedel asked how many face masks they were starting out with. Ms. LaVoie said that for their event in June they purchased 100 and gave away 3. She said that they will have thousands of masks available. Councilmember Friedel asked if any of the costs are going to fall back on the Town of Fountain Hills. Ms. LaVoie replied that they would not. The following individuals then addressed the Council: Dr. Michael Isenberg, Fountain Hills resident, said that he sent a letter to the Council and he wanted to emphasize that things are not as rosy as the government makes them out to be. Maricopa County's rate of cases is 55% higher than the national rate. He said it comes down to the fact that none of the plan is enforceable. William Hinz, Chairman of the Chamber Board, said that they have had a rough year. They took a very hard look at all of their events. Some were canceled, some were modified, and some are trying to be saved. They are concerned with everyone's health, but they are also concerned about the business viability of the Town. He said that Betsy and her team have worked countless hours on this issue. Councilmember Spelich said that he has received e-mails from residents, one comparing this to Sturgis who out of 490,000 participants had 290,000 infected. He said that the actual number infected was between 177 and 193. He also received an e-mail stating that he must be pleased since he was on the payroll of the Chamber. He said that there is no harsher critic of the Chamber than he. He said that he is trying to make an informed decision that helps the businesses. He believes that people are grown adults. They can tell them what to do, but it is an outdoor event. They should stay home if they are concerned. He said that he did also receive some positive e-mails, some of which were from business owners. He said that the plan mentioned street stickers and chalk paint. He clarified that the Chamber would be responsible for removing those. Ms. LaVioe replied absolutely. Councilmember Friedel said that he did some checking himself. Several other communities are holding events, such as Cave Creek, Litchfield Park, Scottsdale (not definitive, but good probability), Tempe, etc. He said that he also spoke with a doctor and asked his thoughts on the Town Council Special Meeting of September 28, 2020 3 of 5 event. He said that this doctor said that with the fair being outside, it will greatly minimize exposure and proper protocol. Mayor Dickey said that she was just in contact with a coach and their entire football season is going to stop. There has to be a balance. Today they were at 4% of the spread. The rule is to be under 4% for two weeks, and last Sunday it was 5%. She said that they all know someone that sees this differently. There are other events being talked about as a Town. She said that the other events they consider if it is outdoor, the size, time, level of control, etc. Councilmember Magazine said that it does not make any difference to him what others are doing. He is sworn to protect the people of Fountain Hills. This is not an easy one; he does not blame anyone. He did a post on Facebook and it was 20:1 against holding the fair. He said that he does not like the situation they have been dealt. It is hurting everyone --businesses, school children, etc. He received an e-mail saying that he was being selfish. If wanting to protect the common good is selfish, then he is guilty as charged. In Town, the average age is 59; more than half of those getting the virus are over 60. He said that he admires what Betsy and her staff have done. If he thought they could solve the problem, then he would be participating himself as a vendor. He said that they held a hearing on whether or not to require masks and all hell broke loose, saying they were taking away their Constitutional rights. The idea that they are going to be able to enforce this is misleading. Ms. LaVoie said that her staff went through all 981 comments on 10 different Facebook posts, and on 5 different platforms. They put all of that information together and had 17% in favor, 11 % no, and 73% were arguments, memes, etc. that did not address the issue one way or the other. Councilmember Tolis said that he also posted 4 comments on Fountain Hills Connection and out of all they had 76 wanting to have the fair and 31 saying no. Some of the comments included: "there are snowbirds coming from different states, visiting the grocery stores, events, public forums, interacting with others. It is not isolated; they need to accept this as a reality. The virus is not going away." He suggested that they consider expanding the footprint, using some of the space in the park. He said that this is a virus that has numbers comparable to some of the high -flu seasons. It is not something that if they get the virus they have a death sentence. Councilmember Tolis said that he believes that a lot of the community events should go on. He is not going to pull back anyone's freedoms. Businesses in town are suffering. He is not the only one noticing the tremendous vacancies. He said that he thought that the Chamber did a fantastic job; they have gone above and beyond. He said that he understood that it is was Ms. LaVoie and Town staffs decision to not move forward with the beer garden. He does not think that was appropriate. It should have been brought before the Council. MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown to approve the Special Use Permit, but also allow the CEO and Board of the Chamber to come up with provisions, if they believe it is possible to have entertainment and a beer garden, and move forward and make it as safe and successful as possible. Town Council Special Meeting of September 28, 2020 4 of 5 Mayor Dickey said that Maricopa County is not issuing liquor permits at this time. Councilmember Brown said that he is fairly close with the VFW and this beer garden is the only large money maker they have for their entire budget. He agreed that if they can figure out how to have 200,000 people come and keep them going in the same direction, it could work, and that if they work it out with the county, space it apart using more property around the fountain. Councilmember Magazine asked Ms. LaVoie what the plan is to enforce the mask ordinance if someone is not abiding by the law. Ms. LaVoie said that they will have 28 personnel and MCSO. She said that it would not be the first time they have unruly attendees. Councilmember Spelich clarified that the Town did not cancel the Halloween celebration and Thanksgiving Day Parade; those are Chamber events. Ms. LaVoie said that the Halloween celebration has been hosted for years by Sami's Fine Jewelry and that was her decision to pivot and do a virtual event. With regard to the Parade, she said that it was a hard decision, but the Chamber Board of Directors voted to cancel. It was not because of COVID-19, but people were not participating in the parade. She said that one of their favorite entries over the year is the Fountain Hills High School Marching Band, but they would be 1 of 65 entries not participating. They had less than ten interested in participating this year. She said that most are non -profits and they have not been meeting. Mayor Dickey said based on the CDC guidelines that have been referenced, she is reluctant and will not support it. Ms. LaVoie said that the County is not issuing any liquor permits at this time. They have met with them, but the Chamber is trying to find another avenue of income. Councilmember Spelich said that it was his understanding that the Council would be overruled if the County overruled them. Ms. LaVoie said that was correct. Vice Mayor Scharnow asked if it would be permitted for an existing business to receive an extension of premises for alcohol. Mr. Miller said that when the Town Council approved a number of pandemic business assistance programs, one was the administrative approval for extension of premises, but staffs understanding is that the Extension of Premises would be for food only because the Liquor Board is not issuing any at this time. Councilmember Tolis said that if they are complying with the rules and regulations, the Town should not micromanage behavior. Councilmember Magazine called for the question. Vote: 4 - 3 Passed NAY: Mayor Ginny Dickey Vice Mayor Mike Scharnow Councilmember Alan Magazine Town Council Special Meeting of September 28, 2020 5 of 5 4. ADJOURNMENT MOVED BY Councilmember Art Tolis, SECONDED BY Vice Mayor Mike Scharnow to adjourn. Vote: 7 - 0 Passed - Unanimously The Special Meeting of the Fountain Hills Town Council held September 28, 2020, adjourned at 6:50 p.m. ATTEST AND PREPARED BY: Elizabet . Burke, Town C erk CERTIFICATION TOWN OF FOUNTAIN HILLS Ginro Dickey, Mayor I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 28th day of September, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of October, 2020. Eliza b t A. Burke, Town Clerk