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HomeMy WebLinkAbout2021.0504.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 4, 2021 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the Regular Meeting of May 4, 2021, to order at 5:35 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE A moment of silence was held. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Alan Magazine; Councilmember Sharron Grzybowski 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 the first of two pop-up vaccination clinics had been held the past weekend, and he asked Community Services Director Rachel Goodwin to give a report. Ms. Goodwin said that it appears to have been highly successful with 328 doses of Moderna vaccine being given. She said that the next clinic would be on June 5, and there was additional information available on the Town's website. She said that there are still appointments open, and they will also being taking walk-ups. Mr. Miller said that he wanted to acknowledge staff with receipt of a grant from Salt River Project to install two charging station locations --one at Fountain Park and one at the Community Center. He said that they are fully handicap -accessible and free for now until they bring back an ordinance that would implement a fee. Councilmember Friedel said that he visited the charging stations, and they were very streamlined. He said that he and his wife attended the electronics recycle event and it was well -attended. Mr. Miller noted that they collected roughly 24,000 pounds of electronics. Councilmember Friedel said that he wanted to note the interviews they did for boards/commissions, and the quality and numbers that went through. He said that he wished they had room for everybody. He gave kudos to the residents for stepping up as it gave them a lot to choose from. Town Council Regular Meeting of May 4, 2021 2of11 He attended a meeting at the Center for the Future of Arizona, and he learned that the Latino is now 32% in Arizona and there were 22 distinct tribal nations. He said that Maricopa County is #1 out of 600 to be able to attract and retain businesses. He also attended the GPEC meeting on Balancing of Arizona's Water Policy; with the growth of the population the demand is up and the supply is down. Phoenix is best prepared for water allocation of any town in the western states. Councilmember Scharnow said that he and Councilmember Grzybowski attended a meeting with board members of the Fountain Hills Sanitary District to discuss water, wastewater and sodium. They are starting preliminary talks on those issues and what they can do to curtail some of the sodium that comes out of the effluent. They set another meeting and will go from there. He seconded Councilmember Friedel's comments regarding applicants. He said that the same day as the Electronics Drop Off the Coalition was holding their Drug Take Back Day and they received almost 100 pounds of unneeded medications. He attended a Valley Metro meeting on April 22, and the express route is officially done. Starting in October they will be starting another route over to the Gilbert/McDowell so residents can catch a bus or take a bus down to the light rail. Councilmember Grzybowski also seconded the comments about applicants for board/commission vacancies. She said that they wish there were more spots to fill. She participated in the Center for the Future of Arizona and the Arizona We Want Gallop results. She said that they introduced Jenny with the Center for Biolithic Cities and a lot of what they are trying to do the Town's Community Service is already doing or would like to do. She said that she attended the Contractors/Builders Forum this morning. Today they got to see a demonstration of the new building permit software. With regard to the meeting with the Sanitary District, one of the things that board members mentioned was that not only do they contribute, but also with water softeners, cleaning supplies, etc. and they get a good amount directly from Epcor. Vice Mayor Spelich reported that he played in the American Legion Golf outing and the money raised is going toward scholarships. He also attended the Elks Lodge Golf outing and that money is for Christmas with Santa. He thanked all the businesses in Town who donated so generously to the American Legion and the Elks, especially during the pandemic. He said that this afternoon he attended the meeting of the League Policy Committee for Police, Military and Veterans. They had 40 members on the call and the State of Arizona is facing a critical shortage of officers with retirements skyrocketing; they cannot find people. The League is going to present to the Governor and Legislature a recommended to incentivize police officers who want to come back and work in a different municipality, hopefully bring some back to fill the gap. Mayor Dickey reported that 88.2% of people over 65 in Town have had at least one dose of the vaccine, 64.2% of those over 18: 14,450 people. Adding the 328 residents makes Fountain Hills safer with younger people which was particularly encouraging. Town Council Regular Meeting of May 4, 2021 3of11 She attended the Center for the Future of Arizona and ASU Webinar for the release of The Arizona We Want: The Decade Ahead report, revealing data and insights from their 2020 Gallup Arizona Survey. See arizonafuture.org. She noted that there was much agreement from different people, with shared goals. She attended the Chamber Award Gala with Grady, Amanda and James. Nominees and those recognized came from businesses that just started to those here for more than 40 years. The Town received its 30-year pin. She congratulated everyone. She attended the MAG Regional Council and will be serving on the nominating committee for the Executive Board for the upcoming year. She said the Mayor's Youth Council presented a superior program on teen suicide and other vital issues with professional staff from the Attorney General's Office. She encouraged all to try to watch as it and other resources are available at azag.gov. She was very impressed with the students under the leadership of Kade Nelson and Linda Ayres. A. RECOGNITION OF Outgoing Board/Commission Members Mayor Dickey recognized the following commission members and thanked them for their service. She then presented each with a Certificate of Appreciation: Peter Bordow, Strategic Planning Advisory Commission, since June 2012 Paul Garvey, McDowell Mountain Preservation Commission, since February 2019 Jerry Gorrell, Community Services Advisory Commission, since January 2001 She also recognized and thanked Erik Hansen, Planning and Zoning Commission, who was not in attendance. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS None 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. The following individuals addressed concerns to the Town Council: Crystal Cavanaugh, Fountain Hills, said that she had filed a Public Records Request and had only received information on three detox facilities; she did not know if there were more. The documents received did not indicate their locations, and she did not think it was safe to have them put into residential neighborhoods. Larry Meyers, Fountain Hills, said that he has also submitted three Public Records Requests in April and has had no response whatsoever, other than on one, which was not regarding the detox facilities. He asked that he get a response by the end of the business Town Council Regular Meeting of May 4, 2021 week. 4of11 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 Sharron Grzybowski to approve Consent Agenda items 7-A through 7-C. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of April 6, 2021, and the Regular Meeting of April 6, 2021. B. CONSIDERATION OF Resolution 2021-09, abandoning the 20' Public Utility and Drainage Easement at the rear of 16955 E Nicklaus Drive. C. CONSIDERATION OF Resolution 2021-10, abandoning a portion of the 10' Public Utility and Drainage Easement at the Southeast corner of 17324 E Barnes Drive. 8. REGULAR AGENDA A. CONSIDERATION OF appointments to the Community Services Advisory Commission, McDowell Mountain Preservation Commission, Planning and Zoning Commission, and the Strategic Planning Advisory Commission. Mayor Dickey said that the two Council subcommittees met to interview many applicants for the various board/commission vacancies. She appreciated that there were so many people interested. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to appoint Stephen Barnes (reappoint) and Carey Reddick to the Community Services Advisory Commission, with terms expiring April 30, 2024, and Jacelle Bautista as the youth commissioner to the Community Services Advisory Commission, term expiring June 30, 2022; Steve Nurney to the McDowell Mountain Preservation Commission, term expiring October 31, 2022; Peter Gray (reappoint) and Roderick N. Watts, Jr. to the Planning and Zoning Commission, with terms expiring April 30, 2024; and Peter Bordow (reappoint) and Mary Edman to the Strategic Planning Advisory Commission, with therms expiring April 30, 2024. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of May 4, 2021 5of11 B. CONSIDERATION OF adopting Resolution 2021-13 of the Mayor and Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2021, and ending June 30, 2022. Mr. Miller said that they have been working in budget mode since December. Since then they have held the February Council Retreat, in March the CIP Workshop, and in April the Budget Retreat. Finance Director David Pock said that these are the biggest numbers they will see as everything from here only gets smaller. He then gave a brief PowerPoint presentation (Exhibit A attached hereto and made a part hereof) which addressed: TOTAL TPT COLLECTIONS BY FISCAL YEAR & PERIOD OVERALL BUDGET CONSIDERATIONS REVENUE ASSUMPTIONS GENERAL FUND REVENUES EXPENDITURE CONSIDERATIONS NONPERSONNEL SUPPLEMENTS GENERAL FUND EXPENDITURES Councilmember McMahon said that at the last meeting after Vice Mayor Spelich requested $5,000 be budgeted for the Veterans Memorial, Councilmember Magazine requested that the Town raise it to $14,000, and she would like to have that reconsidered to move it back down to $5,000. Mr. Miller said that there was no vote as it was a Budget Workshop; however, there was consensus among the Council. Councilmember Grzybowski said that there was a consensus, and she would like to leave it at the $14,000. Councilmember McMahon said that she supports the Vets; her family has been involved with them, but the memorial was something they wanted to do, and they knew the cost. She thinks that $5,000 is a reasonable contribution. Vice Mayor Spelich said that, initially, she is correct that $5,000 was asked for because he did not think the Council would agree to more, but he was overwhelmed and joyed that it was raised to $14,000, half of the $28,000 project. The other wars have been recognized at the Memorial and this will honor those who have sacrificed in the War on Terror. Councilmember Magazine said that he had suggested that it be raised because he thinks they should continue to honor those active and inactive military for all they do. It cannot be overstated what they have sacrificed. Councilmember Friedel said that he could not agree more. The Memorial attracts people from all over the state, and it shows the Town's support to those veterans. Councilmember Scharnow said that he agreed. There has already been a lot of donated time and money since first conceived, and $14,000 was shown as a match. Mayor Dickey said she agreed that hearing something come out as they go through the budget can take them by surprise. As they move forward they will be getting ARP funds, and they will take applications from businesses and review them through an agenda. She suggested that they keep it as is. Town Council Regular Meeting of May 4, 2021 6of11 NUMBER OF FTE'S CAPITAL PROJECTS Mr. Pock said that there has been some confusion about this, but this is the capital projects portion. It is not all of the maintenance. There is another $685,000 in the Facilities Reserve Fund that is budgeted for the Community Center next year PARKS STREETS/TRAFFIC AMERICAN RESCUE PLAN He said that they are expecting $3.006 million this year from ARP and another $3.006 million in 2023. RECOMMENDED USES He said that it would cover just over four months of Police and Fire. POTENTIAL USES QUESTIONS Mayor Dickey noted that the capital projects will come back before Council in the way of contracts for approval. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2021-13. Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION OF Resolution 2021-011, approving an Intergovernmental Agreement with the State of Arizona for design and construction of sidewalk gap elimination along Saguaro Boulevard and Palisades Boulevard. Mr. Miller stated that this is a request for approval of an IGA with the State of Arizona. They have received a$2 million grant from MAG for sidewalk infill; plus they received some design money. This is close to 92% being paid for with others' money. He said that they have had priority from Council to approve pedestrian safety in the community. They also completed the Active Transportation Plan that will help open more doors for funding in the future. Mr. Weldy said that this document is what allows them to proceed and use the funding. Almost 95% of the design and construction is funded through the grant. This will be for design and construction of the sidewalk on Saguaro from Colony to Fountain Hills Blvd. to fill gaps and on Palisades from Saguaro to Fountain Hills Blvd. Mr. Weldy said that there are two pieces to ADOT's involvement. First is the design. A few weeks ago the Town Manager and staff were working on an RFP to select a firm. They would have had to administer the RFP, manage the design and get review comments back from ADOT. We applied for closeout funding and they are the recipients of the remainder for the design. Now, ADOT hands all of that process, the RFP and design. ADOT will submit 30, 60 and 90% design to staff. It takes considerably less effort and time in regard to limited Town staff. They will be managing the project and the Town will act as the local project manager. He said that fee is not free, but it is a good bargain at $30,000. He is grateful they got the closeout funding. Town Council Regular Meeting of May 4, 2021 7of11 MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry Friedel to adopt Resolution 2021-011. Vote: 7 - 0 Passed - Unanimously D. CONSIDERATION OF approving the First Amendment to contract C2019-006b between the Town and Gcon Inc. for remodeling the Community Center restrooms. Mr. Weldy said that this item and the next two will be discussed as one item, but acted on separately. He and the Community Services Director have been working with the Town Manager and staff. Through due diligence and hard work they have secured the best contract they could find. This is for remodeling of the restrooms at the Community Center, along with interior painting and flooring. He said that there will be one more request to support replacement of some equipment. He said that the Community Center is going to b closed for the month of July and August. During that time it will be painted, the restrooms will be renovated, the flooring will be replaced and new furnishings will be installed. Through the capital projects they will be doing drainage improvements at the front door to ensure that water no longer enters the building. Mr. Miller said that they are very fortunate to have Kim Wickland, the Volunteer Coordinator, who has a background in design. She was responsible for putting together the design pallette that shows all of the colors. In addition to Kim, Rachel Goodwin and all the Community Center were involved, and it was a good team building process. He said that it will be a brand new facility, and they hope to get another 20 years out of it. Vice Mayor Spelich said that he is excited to have the improvements, but no matter how well they think they are doing, there will be some blow back with the center being closed. Messaging will be important, and he suggested they start early. Mr. Miller said that the Vice Mayor was right on. Thy have a front page story in the Fountain Hills newsletter coming out the end of this month. The good news is that the summer is the slowest months, but there are a number of people that like to use it. He said that they are hoping they will not have any problem getting product, something they are up against right now. Mr. Weldy said that the intent of getting this before Council right now is so they can get purchase orders and notices to proceed, and begin to procure and have materials stored onsite. Vice Mayor Spelich asked if they would be making available all the conceptual drawings. Ms. Goodwin said pending adoption tonight, staff will have the items in the back of the room on display. Thy are inviting the public on Tuesday to an Open House, drop -in style, to see the materials. They will coordinate that with the closure campaign. MOVED BY Councilmember Gerry Friedel, SECONDED BY Vice Mayor David Spelich to approve the First Amendment to Contract 2019-006b with Gcon Inc for remodeling the Community Center restrooms in the amount of $218,000.00. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of May 4, 2021 8of11 E. CONSIDERATION OF approving the First Amendment to Contract 2020-11 with Continental Flooring Company for the purchase and installation of flooring in Town owned facilities. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Vice Mayor David Spelich to approve the First Amendment to Contract 2020-011 with Continental Flooring Company for purchase and installation of flooring in the amount of $263,134.08. Vote: 7 - 0 Passed - Unanimously F. CONSIDERATION OF approving the First Amendment to Professional Services Agreement 2021-005 with A&H Painting, INC. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to approve Amendment No.1 to Professional Services Agreement 2021-005 with A&H Painting, INC. in the amount of $63,040.00. Vote: 7 - 0 Passed - Unanimously G. DISCUSSION WITH POSSIBLE DIRECTION to staff regarding the proposed Facility, Streets, and Honorary Naming Policy. Mr. Miller said that this was originally a comprehensive policy related to naming, sponsorship, waiver of fees, etc. They are now bringing these policies back to th Council separately. In June, they will be discussing the fee waiver policy, but they are trying to get the easier ones knocked out first. He said that no motions are needed, tonight they are looking more for feedback and any changes they would like. Final consideration will be at a later meeting. Ms. Goodwin then began a PowerPoint presentation which addressed: DRAFT NAMING RIGHTS POLICY STATUS OF CURRENT POLICY Proposed: FACILITY, STREETS AND HONORARY NAMING POLICY Mayor Dickey asked about the two-year deceased requirement. Ms. Goodwin said that the honorary naming portion would allow both unless the Council want to change that. Councilmember Magazine asked if Item 3 could be simplified. He said that it does not happen often, but sometimes something can be named after someone and years later it is found that there are unsavory things in their past. He asked if it could be changed at any time. Ms. Goodwin said that she believed there is wording to address that, but she would confirm. Councilmember Magazine asked if there was any definition for Item 2. Ms. Goodwin said that would be up to the Council. Vice Mayor Spelich said that he could see naming a building after a few years, but he would like to see streets not be limited to the two year time restriction. Nowhere is it discussed about the fees. He would suggest that whoever is proposing that a street be named after someone that the proposer or family pay the fees. Town Council Regular Meeting of May 4, 2021 9of11 Mr. Miller said that they would clarify that. He could see that there may be times when the Council would want to propose an individual or former mayor or councilmember, and if approved by Council they could leave that open, depending on the circumstances. Councilmember Magazine said that it is incredibly rare that he disagrees with the Town Manager, but if they are going to honor someone and put their name on the street, he did not think they should charge. The Town can well afford that. Mr. Miller said that they have seen these in other communities. If it is initiated from the outside, it might take away the awkwardness and make people think twice. Councilmember Scharnow asked if it would be an entire street or one portion of it. Mr. Miller said that this is all input. One thing staff talked about is putting together implementation guidelines to help staff work through different scenarios. It would be a segment. He said that staff would probably bring the guidelines to Council as well, but they would a done at an administrative level. Mayor Dickey asked what the intent or motivation was for not waiting the two years. Vice Mayor Spelich said that the reason he is opposed to two years is that he nominated someone for a street naming, and he would like to still be on the Council and be a part of it. It agreed that a building is one thing, but a street is different. In Chicago it is usually a street corner. Councilmember Grzybowski agreed with the corner conversation, either two blocks or a corner. She said that she likes the idea of charge the proposer as it helps to put the onus on them so they are not getting requests for every single death in Town. Maybe they could leave the time frame up to the significant other; two years is too much to wait. Councilmember Scharnow said that six months would be reasonable. Mr. Miller said that they could revise that. They should have some discretion at the Council level and on a case by case basis. a said that they have received some good direction and will brig it back to a June meeting for action. H. DISCUSSION WITH POSSIBLE DIRECTION regarding the proposed Sponsorship Policy for Town Events, Programs, and Services. Ms. Goodwin said that this is Section 2 of the original policy. She then continued the PowerPoint presentation: STATUS OF CURRENT POLICY Proposed: SPONSORSHIP OF TOWN EVENTS POLICY PROPOSED CHANGES: Add criteria for eligibility Once agreed, a sponsorship agreement will be draft What content or sponsors are ineligible NEXT STEPS Councilmember Magazine asked for clarification on Paragraph 3 regarding customized sponsorships. Ms. Goodwin said that now they have standard packages, such as the Turkey Trot. Oftentimes, a sponsor does not want their name on a shirt but would like something else in return. They want to be able to work with them. Councilmember Magazine said that it references permissible recognition; he asked about Town Council Regular Meeting of May 4, 2021 10of11 logos. Ms. Goodwin said that the question is whether they want them to be included as long as it does not meet any other restriction. Mayor Dickey asked how they would deal with a bar sponsoring something like Oktoberfest. Ms. Goodwin said that as a Town, they have alcohol. She said that there is a difference between including them and having it be a "Budweiser Event." She said that it is a valid conversation. If they would like to take alcohol out, they can. Mr. Miller said that staff did talk about this some. Having this makes it clean. Councilmember Scharnow said that on the "prohibited message" they now need to mention marijuana, since it is legal. Ms. Goodwin said that they will include that. Vice Mayor Spelich asked if this would include something like Nike wanting to build basketball courts. He said that they need to make it clear the naming rights are not in perpetuity. If it reaches disrepair are there is $10,000 worth of work needed, they need to know ahead of time that if they do not repair it, their name will be removed. Ms. Goodwin said there is wording in this and the naming rights policy, but they will make sure it is consistent in both policies. Mr. Miller added that can be addressed through a License Agreement. Councilmember Magazine said that it should also include wording that the need for repair is determined by staff. Councilmember Grzybowski agreed that anything that is going to cost the Town money should include wording that if it wears out they come back and repair or they lose the right to have their name on it. Mr. Miller said that Councilmember Grzybowski was on the Community Services Advisory Commission, and they had to deal with the bench replacement program. A number of people bought those thinking it was in perpetuity. They need to rethink how they do this going into the future. DISCUSSION WITH POSSIBLE CONSIDERATION 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. Miller said that there have been no legislative calls for a few weeks as it appears that all efforts of cities and towns, and some legislators, have affected the proposed flat tax. He is hearing that there are not enough votes in the House to make that a reality. He said that the Council previously took a position on SB1126, out of state residents purchasing vehicles and not paying sales tax. That lost traction, but late yesterday it was back for consideration. Now it is being retained. 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. Councilmember Friedel said that they had speakers tonight who said they have not received timely responses to their public records requests. It is important for us to find out what is wrong with the process. A lot on the Council ran on transparency. If we need more help, we need to get it. Mr. Miller said that staff will send out an e-mail tonight to outline the issues. There is more to what they are hearing. Town Council Regular Meeting of May 4, 2021 11 of 11 10. ADJOURNMENT The Regular Meeting of May 4, 2021, adjourned at 7:21 p.m. MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously TOWN OF FOUNTAIN HILLS Ginn icke , ayor ATTEST AND PREPARED BY: s 41izab . Klein, own (erc 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 4th day of May, 2021. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of June, 2021. .I W_ �1-0,09m., i�� N�ffvlein,