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HomeMy WebLinkAbout2020.1201.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 1, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey 2. INVOCATION - Rev. Clayton Wilfer, Joy Christian Community Church Reverend Clayton Wilfer of Joy Christian Community Church gave the invocation. 3. ROLL CALL — Mayor Dickey COUNCIL PRESENT: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmembers Art Tolis and Dennis Brown (outgoing); and Councilmembers Sharron Grzybowski and Peggy McMahon (incoming); and Councilmembers Alan Magazine, Mike Scharnow and Gerry Friedel. STAFF PRESENT: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; and Town Clerk Elizabeth A. Burke. 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Mr. Miller said that last week the Town held the Turkey Trot and he asked Community Services Director Rachael Goodwin to give a brief report. Ms. Goodwin thanked the Council for entrusting them to hold the event. They were able to modify it by adjusting the route, having staggered starts, and spreading everything out. She said that they had about 1,025 runners and she thanked Vice Mayor Spelich and Councilmember Friedel for attending. She said that they took away the awards and refreshments, but it was a small price to pay in order to hold the event. She said that they had runners from Buckeye and Queen Creek, and one from Pennsylvania, as well as over 100 that joined them virtually. Mayor Dickey reported that she attended a Zoom League of AZ Cities and Town training on SB1487, where any legislator, no matter what district, can take action against a city or town threatening their State Shared Revenue. She sent the link to Council and staff. She also attended a virtual AZ Town Hall about sports and global relations, specifically with the Coyotes and owner Xavier Gutierrez, which was very interesting given the Town's strong relationship with Canadian Consul Glenn Williamson and the economic development work being done in that "arena!" In fact, the 1 st hockey game canceled due to COVID was one that some of them and several of their Canadian neighbors were attending together with donated tickets. She said that the Stroll on the Golden Glow, 2020 edition, is happening Saturday, with Town Council Regular Meeting of December 1, 2020 2of11 5. a ts�rmrs� proper protocols in place. They will turn the lights on around 5:45 p.m., with a new feature, and the Chamber has arranged for safe, fun activities for a Happy Holiday Event. Councilmember Scharnow said that he was not able to attend the Turkey Trot this year, but he congratulated Ms. Goodwin and her staff, as well as the volunteers. He said that he was at the first one 30 years ago when he served as Chairman of the Parks and Recreation Commission. It has been fun to see it grow and develop. He said job well done to all involved. RECOGNITION of Outgoing Councilmembers Councilmember Dennis Brown said that with the many years he has been involved with both the Planning and Zoning Commission and Town Council he could go on for a long time about the Town's accomplishments, but he would touch on just a few. He said that one major battle, which he participated in with then-Councilmember Dickey, was the town going with a single trash hauler. He said that he was threatened on both sides, and not by just a few. Another very contentious action involved the state land. He said that he has lived through some important happenings in Fountain Hills that were good for the Town. He wanted to thanks the folks that he has worked with over the years, but there were a handful that he wanted to tip his hat to. First was Bob House, Chairman of the first Planning and Zoning Commission on which he sat. He said that he ran the best meeting he has seen and learned so much from him. Second is the late Michael Downs who did so much on the Planning and Zoning Commission. He said that another is Jay Schlum. He and Jay have been friends for a long time. He was seated to his right on Planning and Zoning, and after he was there for two meetings, Jay resigned to run for Town Council. Another was Henry Leger, who is possibly the best councilperson that has been seated. He said that for eight years Henry mentored him. They met on every agenda and worked through it. His calmness and level head was as good as it gets during the difficult times of going from 130 employees to 50. He is as solid as can be, and he tipped his hat to him. He said that he was one of the strongest advocates for the Dark Sky Community, but he has regretted voting in support of that designation. There are a dozen reasons why he now feels that way. He said that they have a fountain that is a beacon for the Town, but now it does not light up. He has always said that the Town is a little too dark for the safety of its citizens. Councilmember Tolis thanked the citizens for allowing him to serve the past years. He said that, as indicated, not every decision is agreed upon, but he said that there is a lot behind the scenes that has to be considered. He hoped he served honorably, and he thanked his wife, Heather, and his family as it is a lot of time between calls and meetings. He said that he moved to Fountain Hills in 2002 and immediately got involved. Dennis Brown was one of the first people he met. He got to know Jay Schlum, Wally Nichols, Linda Kavanagh, and was involved in the Chamber and the Museum. He has had an opportunity to meet a lot of people and he loves it. He said that he knows they are on the right track. He believes there needs to be a balance. He said that he was there during the Town Council Regular Meeting of December 1, 2020 3 of 11 changing of the guard with legal counsel. He said that he is honored that Aaron (Arnson) took the position of legal counsel and he has done an amazing job. He said that Copperwynd Development, now Adero, may not have ever happened without the change. It is going to be an incredible benefit and bring in growth, revenue and tourism. He said that he has been a believer in the growth of the downtown. To have that core and critical mass will allow businesses to come downtown. It should be the Beverly Hills of Arizona; they should be the best of the best. He said that there have been many initiatives, including Sami's Fine Jewelry and the Fort McDowell Casino. He hopes to stay very involved. Vice Mayor Spelich said that he had the opportunity to call Councilmember Brown this morning and commend him on his 20 years of dedicated service. He knows some who have served less for murder. It is a commitment to give that much time. He said that they have disagreed on some big issues, but sometimes he has calmed him. He has been a mentor, and has good insight with Planning and Zoning issues. He wished him the absolute best of luck and having the freedom he will now have. He said that he and Councilmember Tolis have disagreed on a lot of things, but they did agree on some. He wished Councilmember Tolis success in his business and thanked him for his service. Councilmember Friedel said that he has not had an opportunity to serve with either very long, but if there was one word to describe Councilmember Brown it would be experience. He has a lot of experience and he does not know how they will replace that. The one word he would use to describe Councilmember Tolis is passion. He does not know of another member with that kind of passion. Councilmember Magazine said that they all know the kinds of problems businesses are having, and he complimented Councilmember Tolis for giving more to the business community and always being on their side. Even when he and Councilmember Tolis have disagreed, the best part is that when it is over, they laugh and shake hands. He wished every political in the country could do that. With Councilmember Brown, Councilmember Magazine said that a lot of people talk about Fountain Hills being one of the best and beautiful towns in the country, and Councilmember Brown has had a lot to do with that. He has spent two decades in the trenches. He does not talk a lot, but when he speaks it is well -reasoned, people listen and he has an impact. In the six years they have been sitting together there have only been two issues they have disagreed, which is pretty good. When it was over and done they moved on, and he thanked Councilmember Brown for everything he has done for the Town. Councilmember Scharnow said that he has been sitting next to Councilmember Tolis for two years and he agrees that he has been a champion for the business community. He has a vision and he goes for it, and he thanked him for that passion. He said that he has had a lot of interaction with Councilmember Brown over the years at the paper. He appreciated Councilmember Brown's comments about Councilmember Leger. He has always been an independent thinker and they will keep building on what he has done. Councilmember Magazine thanked Mayor Dickey for the great job she has done as Town Council Regular Meeting of December 1, 2020 4 of 11 Mayor, and he was glad that the citizens were so smart to bring her back to continue serving. Mayor Dickey said that Councilmember Brown has been committed to Fountain Hills for so many years, and during their time she has relied upon his knowledge and experience. She said that they were on the committee when they were looking to go with a single trash hauler, as well as the roundabout. She said that they have talked about things that separated people, but on these they were allies and saw them come to fruition and she appreciated that so much. She said that Councilmember Tolis is clearly the voice for economic development and business. His relationship and experience in finance and real estate shows he understands how those things can live together. She said that he has shared things that she knows will stay with them and with the new councilmembers. Mayor Dickey thanked the volunteers and commissioners and all of the people in the community. At this time, Mayor Dickey presented the two councilmembers with their Fountain Hills pins created by Sami's Fine Jewelry. 6. SWEARING IN of Mayor and Incoming Councilmembers At this time, Mayor Dickey and her husband, and Councilmembers Gerry Friedel and his wife, Sharron Grzybowski and her husband and Peggy McMahon and her husband came forward and Judge Robert Melton administered the Oath of Office. A break was taken from 6:00 p.m. to 6:09 p.m. ROLL CALL Councilmembers Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmembers Peggy McMahon, Gerry Friedel, Mike Scharnow, Alan Magazine and Sharron Grzybowski. 7. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION on Town of Fountain Hills Volunteer Program Fountain Hills Volunteer Coordinator Kim Wickland gave a PowerPoint presentation which addressed: VOLUNTEER PROGRAM Give a Lift Care Card Home Delivered Meals Special Events Make a Difference Day 2020 VOLUNTEER NUMBERS Town Council Regular Meeting of December 1, 2020 5 of 11 776 Volunteers Strong 2019 CONTRIBUTIONS Total: 12,500 Service Hours $310,500 in times and services 2021 A Monthly Day of Giving Adopt a Senior She gave a heartfelt thanks to their incredible volunteers. Mayor Dickey thanked Ms. Wickland for her work. Councilmember Scharnow asked if their average was down with the Give a Lift program due to COVID. Ms. Wickland said that they were able to maintain the service, but there was a downtick of aroundf 35% with doctor offices being closed. Once offices opened back up they have regained rapidly. She said that they have a good core group for that program and they have been champions through the last six months for sure. Councilmember Friedel said that he had no idea that they did 12,500 hours-, that is tremendous and he congratulated her for the work. Vice Mayor Spelich also congratulated Ms. Wickland, noting that this was the first time they have addressed the Council. He said that he would like information to be in the newspaper. It should be brought up and highlighted. Ms. Wickland said that she would partner with the paper. Mayor Dickey said that she was so glad they were a community of volunteers. They always have been that way for the 38 years she has been there. She said that she appreciated everyone involved in the program. 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. Councilmember McMahon thanked everyone that elected her. It is an honor to be on the Town Council and she appreciated the warm welcome that she has received from staff and fellow councilmembers. She said that she is looking forward to working with everyone. She wished everyone happy holidays. Councilmember Friedel said that he is humbled and honored to be able to serve the Town. He hoped to bring some of his skills to Council and the Town and he appreciated the opportunity to serve. Councilmember Grzybowski thanked everyone that voted. She appreciated the welcome they have received and appreciated all of the council and people before them. She had ar, ter;. the opportunity to sit with the current and previous councilmembers and she appreciated Town Council Regular Meeting of December 1, 2020 6 of 11 their mentorship and the brain power they all carry with them. Mayor Dickey congratulated the three new members, stating that she was looking forward to serving with them and the opportunity to create a positive atmosphere. 9. 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. to approve Consent Agenda Items 9-A through 9-D. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Work Session of September 22, 2020; the Special Meeting (Executive Session) of October 13, 2020; the Special Meeting of October 13, 2020; the Special Meeting of November 17, 2020; the Regular Meeting of November 17, 2020, and the Special Meeting of November 19, 2020. B. CONSIDERATION OF adopting Resolution 2020-41, abandoning a portion of the 10' Public Utility and Drainage Easement at the rear of Plat 401-B, Block 3, Lot 32 (16930 E. Monterey Dr.), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2020-10) C. CONSIDERATION OF approval of Contract 2021-006, First Amendment to a wireless facility lease at Shea and Eagle Mountain. D. CONSIDERATION OF Ordinance 20-27 amending Section 10-2-18, Penalties, of the Town Code to modify the current penalties for violations of Article 10-2 of the Town Code. Town Council Regular Meeting of December 1, 2020 7 of 11 10. REGULAR AGENDA A. CONSIDERATION OF approving the 2021 Town Council Meeting Dates and Summer Break. Mr. Miller said that each year at this time the Town Council approves the meeting dates for the upcoming calendar year, understanding that changes and/or additions may be made. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to approve the 2021 Town Council Meeting Schedule as presented. Vote: 7 - 0 Passed - Unanimously B. CONSIDERATION OF appointment of Councilmembers to Council Subcommittees in 2021-22 for purposes of interviewing and recommending residents to serve on Boards and Commissions. Mayor Dickey said that the listing before the Town Council are the suggested subcommittees for board/commission interviews and recommendations for the next two years. Mr. Miller said that in the past they had a very complicated process to get the meetings scheduled, with one committee for eadh board/commission. With the help of the Town Clerk, they split up the boards/commissions so that appointments are made in either April or October each year. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Scharnow to approve the Town Council subcommittees for board/commission appointments for 2021-2022. Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION OF assignments of Councilmembers to various outside organizations. Mayor Dickey said that the listing before them includes those outside agencies on which the Town has members serving. She thanked everyone for volunteering to serve as it was important for them to have their voices heard. Mr. Miller reminded them that staff is there to help them if they should have research or need assistance with something. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to approve the listing of representatives to outside agencies as presented. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of December 1, 2020 8 of 11 D. CONSIDERATION OF approving the Fountain Hills Facility Reservation Guidelines. Community Services Director Rachael Goodwin said that the Recreation Manager, Linda Ayres, had planned to present on this item, but she will be out for a bit due to an accident, so she was there to finish this process. She said that they recently reviewed the guidelines for reservations to park/recreation facilities, and this is an effort to combine them and make them uniform so there are consistent policies across the board. She then gave a brief PowerPoint presentation which addressed: RESERVABLE AMENITIES Ramadas Sport Courts Athletic Fields WHO CURRENTLY USES OUR AMENITIES Fountain Hills Unified School District Youth Organizations Organized Leagues Town Programs and Tournaments Residents/Visitors Youth and Adult Tournaments Private Organizations CURRENT ISSUES WITH RESERVATIONS Increased demand for private/league access Inconsistent reservation policies Demand for weekend reservations Variable reservation windows depending on amenity Insurance requirements PROPOSED PRIORITY USAGE OTHER GUIDELINE CHANGES APPROVALS AND RECOMMENDATIONS Vice Mayor Spelich asked who would be the enforcement arm if someone is playing at a facility that has been reserved. Ms. Goodwin said that is a problem they have already. Currently they have kiosks with reservations posted that get updated each day by the park attendants. That is who would be their first line of defense. There is also enforcement through MCSO, but usually when it is posted it is clear. Vice Mayor Spelich suggested that they provide the park attendants an iPad that would be readily available to show someone the reservation. Ms. Goodwin said that they could look into that. Councilmember Magazine asked if the guidelines apply to the pickle ball courts. Ms. Goodwin said that they are not a Town amenity; they are governed and overseen by the School District. Councilmember Friedel asked who does the permitting for alcohol at the facilities. Ms. Goodwin said that there is paperwork that is filled out with the reservation. Currently there is a $10 fee; she believed that it was raised to $20 with the fee study. Town Council Regular Meeting of December 1, 2020 9 of 11 Councilmember Friedel said that Rule 14 reads, "violators will be prosecuted." He asked if there was not the ability to have someone removed without a charge being brought. Ms. Goodwin said that is what they would normally do, but they will make that change so it is clearer. Councilmember Scharnow asked about prioritization with the School District through the Intergovernmental Agreement. He asked if they saw any problems with them being in second place. Ms. Goodwin said that the IGA has surfaced quite a bit this fall. They have a lot of their own facilities and their sports programs were not able to use them. They have been working around each other's maintenance schedules. Mr. Miller said that he thought that staff did a great job putting together the guidelines. He recapped the proposed amendments: 1) give warnings first; and 2) it would be helpful for park attendants to have iPads for reservation purposes. Councilmember Scharnow asked if staff thought the IGA's they have in place with the School District are working. Mr. Miller said that they do need to revisit them. One item that he and Ms. Goodwin would like to discuss is transportation, but they are satisfied with 90% of the IGA. MOVED BY Councilmember Mike Scharnow, SECONDED BY Vice Mayor David Spelich to approve the guidelines presented, with the amendments to 1) give a warning first; and 2) look into utilizing iPads for park attendants. Vote: 7 - 0 Passed - Unanimously E. CONSIDERATION OF directing staff to implement the budgeted 2.5% Cost of Living Adjustment with the pay period beginning on January 4, 2021. Mr. Miller said that the FY 2020-21 budget was adopted by the Town Council last June and included a 2.5% cost of living increase to salaries of employees for the year. During the budget presentation to the Town Council, he recommended holding off on the implementation of the salary adjustments until after the Town Council had an opportunity to review revenue collections for the first quarter. The Town Council was provided the first quarter revenue update during the regular meeting held on October 19, 2020, and finances are better than they were anticipating. Finance Director David Pock then gave a brief review of the revenues. Councilmember Magazine said that it looks certain that they are going to have a vaccine or several within the next month or two. He asked how much more of an impact it would be to provide a 3.5% increase. Mr. Pock said that it is not straight salaries; it also affects the benefits. Councilmember Magazine said that the Town staff works very hard and he would like to see them reward them with more than the 2.5%. He would like to hear Council's thoughts on increasing it to 3.5%. Mayor Dickey said that this is half of what was approved. Mr. Miller said that it is a policy decision for Council. At the time of the pandemic, they did not know what to anticipate. Councilmember McMahon asked if there was room in the budget to increase the amount Town Council Regular Meeting of December 1, 2020 10 of 11 for the rest of the year. Councilmember Grzybowski said that she is a huge advocate for retaining quality employees and one of the ways to do that is to spend money on them. It takes more money to replace someone. She would be all for increasing the raise. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to increase the employee salaries by 3.5%. Vice Mayor Spelich said that the Council has another meeting in December, and he would like to have actual numbers in front of them before making this decision. Mr. Miller said that they brought this before Council so that staff would have the necessary time to manually do the paperwork and get it signed off. Mr. Pock noted that they had budgeted 2.5% for the entire year, so to move forward at 3.5% for six months would be covered by the budgeted amount. Vote: 7 - 0 Passed - Unanimously Councilmember Magazine asked if they are competitive in pay across the board. Mr. Miller said that they look at that very closely. When he started in 2014, he was the Human Resources Director, and the Town was very uncompetitive. When the prior HR Director recommended Cost of Living adjustments employees go the adjustments, but the pay plan was never changed, resulting in the minimum/maximum never catching up. He said that they started working with Dave Trimble making adjustments of about 5% a year. They intended to do a compensation study, but the Council at that time did not want to put out the money, so they used the League survey. Currently, they have only a few positions that are not as competitive. He said that their biggest challenge is in not being a member of the Arizona Statement Retirement System. Staff has been actively working with them. Councilmember Magazine said that he has been impressed with the senior hires recently. Mr. Miller said that he appreciated the Council's consideration of this issue. 11. 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. Vice Mayor Spelich said that in January or February he would like to have an executive session with the new councilmembers on the fee waiver. Mr. Miller said that they have it scheduled for a regular meeting on January 19, 2021. He said that it has been on the Future Agenda Listing and just today they assigned it to a meeting date. 12. ADJOURNMENT MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of December 1, 2020 11 of 11 The Regular Meeting of the Fountain Hills Town Council held December 1, 2020, adjourned at 7:09 p.m. ATTEST AND PREPARED BY: Eli abet� Burke, Town Clerk C�4311;1K-A1101►I TOWN OF FOUNTAIN HILLS Z Gin Dickey, 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 1st day of December, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of January, 2021. izabeth Burke, Town tlEfrk C.-