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Live Update of the Prescott Council: March 27, 2017
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27 March 2018  

It's the live update of the Prescott City Council meeting. Study session @ 1 PM, voting happens at 3.

Downloads:

 Agenda  Agenda Packet 

1. CALL TO ORDER

2. ROLL CALL

3. DISCUSSION

 

A. Heart Monitoring of Firefighters While on Duty.

 The majority of deaths on-duty is from sudden cardiac death. 

When are they not stressed? Never.

2 Questions Asked:

What can 24 hr continuous cardiac monitoring tell us about job stress?

What can 24 hour continuous cardiac monitoring tell us about ff cardiovascular health and fitness?

 

Each firefighter kept a diary when they were wearing the device. 

HR responses to fire calls 126.8 b/min, higher than heart rates responses to EMS rates 116.7 b/min

Average resting HR 82.1 b/min

Average lowest HR 49.6 b/min

Average highest HR 148.8 b/min

Treadmill exercize highest HR 185 b/min

Heated discussion between 2 firefighters 161 b/min

One participant had abnormal reading, and was sent to the Dr. For evaluation. Is ok now. 

Takeaway: We have a very fit fire department here in Prescott. They appear to be very heart-healthy.

Would like to repeat study with entire department, and also during a control burn. 

Some diaries were "less than complete" - nobody talked about how they felt.

Best Diary Outtake:

"Leftover spaghetti was gross... I passed and went to Arby's."

They could apply for a grant to continue the research. 

What were the conclusions drawn?

1. Participate in Gerkin testing - cardio output testing. May need to go to maximum testing.

2. Should continue to monitor personnel.

Council Memo Printout

 

B. Discussion on Ordinance to Prohibit Smoking in City Parks.

 Whatever you decide, we'll do our best to implement it," Michael Lamar said. 

We are not going to have the smoking police out there, regardless.

Council Memo Printout

 It's important that we create environments that are healthy for children and others. 

Councilman Goode thinks there's a reasonable case to be made for banning smoke indoors. Not sure about outdoor banning. Any law passed needs to be enforced. Doesn't want to become selective in what laws we enforce. He thinks it's premature, and would like to see more evidence. 

Councilman Sischka asks if Chief Bonney - is your department going to be responsible for enforcing that? 

Civil fine $25. Just adds places to the list of those you can't smoke at. 

Studies show that most parks and beaches with non-smoking ordinances, would be self-enforced if there is good signage. 

A study points out:

  • Problems with 2nd hand smoke
  • Environmental issues and fire danger
  • Changing social norms.

Sischka notes that it's easier and cheaper to "hire a sign" than to have cops enforce it.

"Small fine, $25."

Councilwoman Orr said that as a person with asthma, she hopes to see this passed.

Councilman Blair: We have to educate people. Should sign, "no smoking allowed on the trails..." Blair picked up 15 butts on the constellation trail. Might want to have designated area. 

Councilman Lamerson: Pointed out some women wear obnoxious perfume that "pesters me". He points out that as a society he was told not to allow smoking in his store, and thinks this is adding to consistency. "If it's good for the goose, it's good for the gander."

Councilman Scholl thinks that a solution can be found that doesn't disenfranchise anyone. 

Councilman Sischka asks how much of a burden it creates for the police department. It depends on whether people can call 911 just because they see someone smoking. That would be a problem. 

Goode: I just abhor social engineering. 

Public Comments:

Ralph Hess: Thinks there is no legitimate rational basis for the ordinance. Thinks littering provisions can be used to enforce things. Might be more rational to enforce non-smoking areas. Could be guilty of a misdemeanor according to the ordinance. 

"Criminalizing people's habit of smoking in open spaces seems unreasonable, and I would oppose this."

Gregory Allen: Wife went into asthma attack and was hospitalized. "To say that smoking in open spaces doesn't affect people is 100% wrong," he said. He's in favor of signs.

Brent Hatch: He agrees with Greg. "Being 3 feet away from someone smoking can trigger asthma..."

Even if it's not enforcable, it gives us a tool..." 

Daniel Mattson: I like the idea of designated smoking areas. Thinks signs will go a long way to keep people fom doing. 

Rabbi Edelle: Actually it's Dr. - I'm a hard core scientist as well as a rabbi. "Mr. Goode, thank you for denying my existing." 

"It is not a right to smoke... This is not an annoyance for me, it's a life and death situation"

Phil Goode responds and says that he is not denying her existence.

Sandra Smith: She has asthma. She is more easily triggered as she get's older. Incidence of asthma in children is increasing rapidly. Notes the fire hazards are high.

"Needs to be segregated."

Bernice Carver: Retired health educator from Coconino County. She brought an American Flag - that was given to her by the VA to put on her husband's casket who died from lung cancer from 2nd hand smoke. 

Says that 44% of smokers are homeless people. Cites other statistics. 

Rick Lifer: He's an asthmatic - it's a matter of life or death for him. "No one should be smoking... This is a rotten, terrible thing that needs to go away."

Judith Merrill: I would love to see all kinds of tobacco use forbidden in this town. Recommends signs.

Concerned that the homeless might go to the forest to smoke if they can't smoke in the parks. 

City Manager Lamar asks for direction:

Lamerson - designated smoking area, put up signs.

Blair agrees.

Sischka: It's cheaper to hire a sign. 

Orr: I don't think it's social engineering. She's willing to have designated areas. She thinks it should be really confined. 

Paladini recommends an ordinance - designating smoking areas. 

Someone in the audience would like to add marijuana, too. 

Needs to be made very clear that this does not apply to the Courthouse Square, it's a designated county park. 

This will be brought forth to a future voting meeting, probably next month.

a. Draft Ordinance Regarding Smoking in City Parks

4. ADJOURNMENT


Downloads:

 Agenda  
Agenda Packet 

1. CALL TO ORDER

2. INTRODUCTIONS

3. INVOCATION

 Reverend Jay Wilcher with First Congregational Church

4. PLEDGE OF ALLEGIANCE

 Councilman Sischka

5. ROLL CALL 

Everyone here!

6. ANNOUNCEMENTS

7. PROCLAMATIONS

A. Sexual Assault Awareness Month (April) Tuesday April 10,  

Read by Councilwoman Alexa Scholl

B. National Public Safety Telecommunicators Week (April 8-14)

 Read by Councilman Steve Sischka

C. National Vietnam War Veterans Day on March 29th

Read by Councilman Phil Goode (he got a little choked up.)

8. CONSENT AGENDA

A. Approval of draft minutes for the January 23, 2018 Voting Session, the February 13, 2018 Study Session, the February 13, 2018 Voting Meeting, March 05, 2018 Study Session, and the March 13, 2018 Special Meeting-Executive Session.

Council Memo Printout

January 23, 2018 Voting Meeting

b. February 13, 2018 Study Session

c. February 13, 2018 Voting Meeting

d. March 05, 2018 Study Session

e. March 13, 2018 Special Meeting-Executive Session

B. Award IFB# 2018-158 (City Contract No. 2018-158) for Window Replacement at the Airport Administration building to Commercial Glass Company in the amount of $22,418.22.

Council Memo Printout

a. Airport Admin Window Replacement Quote from Commercial Glass Company, LLC

 

C. Approval of City Contract No 2018-186, ratifying the purchase of iPads to Verizon Wireless in the amount of $18,437.25. Funding is available in the Water Fund, Wastewater Fund, and Street Fund.

 Council Memo Printout

a. Verizon Purchase Order HS92296

 

D. Award of City Contract No. 2018-185 approving a three (3) year supply contract with two (2) one (1) year options for 65-gallon residential containers from Otto Environmental Systems using the City of Mesa Contract No. 2018048 in the estimated annual amount of $150,000.00. Funding is available in the Solid Waste Fund.

 Council Memo Printout

a. City of Mesa Signed Agreement

Item D was pulled by Councilman Phil Goode. Items A-C passed unanimously. 

Item D: Goode asks about the amount of $150K. He thinks it should be closer to $92K. Should actually be $109K, but last year they spent about $142K. They will purchase the containers at that amount, but they will not purchase necessarily that much, only what is needed. 

"Up to $150K." 

Motion passes unanimously. 

9. ORDINANCES ( CONSENT)

A. Adoption of Ordinance No. 2018-1609, accepting a Public Drainage Easement from McCabe Holdings, LLC.

Council Memo Printout

a. Ordinance No. 2018-1609

b. 512 Dameron - Drainage Easement Agreement

c. Vicinity Map 

B. Adoption of Ordinance No. 2018-1610, accepting a Public Sewer Easement from James 110 Investments, LLC.

 Council Memo Printout

a. Ordinance No. 2018-1610

b. Public Sewer Easement Agreement

c. Vicinity Map

Motions pass unanimously. 

10. LIQUOR LICENSE AGENDA

A. SPECIAL EVENTS

1. Approval of a Series 15 Special Event Liquor License Application for Sun-Up Rotary Foundation of Prescott; Event: Double Down Casino Night; Event Location: 840 Rodeo Drive; Applicant: Jane Shimizu; City Application No. 18-005; Date/Time of Event Liquor Sales: Saturday, May 12, 2018, 5:00 p.m. to 11:00 p.m.

Council Memo Printout

a. Event Information Sun-Up Rotary Foundation

b. Location Map

c. ARS 4-203.02 Special Event License

 2. Approval of a Series 15 Special Event Liquor License Application for Prescott Mountain Bike Alliance; Event: PMBA - Pint Nite; Event Location: 154 S. Montezuma; Applicant: Brooke Weitkunat; City Application No. 18-006; Date/Time of Event Liquor Sales: Wednesday, April 25, 2018, 4:30 p.m. to 10:00 p.m.

Council Memo Printout

a. Event Information Prescott Mountain Bike Alliance

b. Location Map

Passes unanimously. 

11. REGULAR AGENDA 

A. Appointment of members to the various Boards, Commissions, and Committees to fill vacancies occurring in Calendar Year 2018.

Council Memo Printout 

a. 2018 BCC Recommendations 

b. March 27, 2018 - Chair and Vice Chair Recommendations

About 35 people were sworn in! 

swearingin.jpg

 

B. Approval of Professional Services Agreement (Contract No. 2018-179) for Customer Service Computer Software and Support with Simpleview, LLC in the amount of $13,400.00 for the first year, then $4,800.00 annually from the Transient Occupancy (Bed Tax) Fund.

Council Memo Printout 

Goode asks about the 3 year renewal. He thinks it should be a 3-year optional. 

Sischka says, "I think we need to give the providing company some stability."

Motion passes unanimously. 

a. Contract 2018-179 Simpleview CRM Contract with Exhibit A (002)

C. Award of City Contract No. 2018-190 to B4 Enterprises, Inc. for the Alarcon Street Drainage Improvement Project, in the amount of $429,530.00. Funding is available in the Street Fund.

Council Memo Printout

a. Alarcon Street Drainage Improvements Vicinity Map

They are qualified and able to work in Arizona. 

To be covered by insurance.

Their bid came in below engineer's estimate. 

D. Acceptance of Governor's Office of Youth, Faith and Family Sexual Assault Response Teams Grant Program in the amount of $115,100.00 (R.F.G.A. No ST-SART-18-010118-00, Contract No. ST-SART-18-010118-03), and approval to create a new Detective position. 

Council Memo Printout

The grant will allow the Dept to provide a higher level of support to victims of sexual violence cases. There has been a 20% increase in such crimes. 

Goode asks about the fact that it is a 1-year grant. 

They plan to absorb this position when the money runs out. 

Motion passes unanimously. 

 

E. Approval to purchase one (1) Battalion Chief Ford F250 from Peoria Ford using Maricopa County Contract No. 11121-C pricing in an amount not to exceed $69,156.98 (City Contract No. 2018-192).

Council Memo Printout

a. Peoria Ford Quote Dated 3-16-18

Motion passes unanimously. 

F. Approval of Preliminary Plat for 130 North Condominiums at 130 North Cortez Street, creating six residential and two commercial condominium units.  

Council Memo Printout

The building was built in 1895. 

No requirement for parking. It's the Territorial Athletic Club. 

This will also keep the historical aspect intact. 

Councilman Lamerson thanks them for investing in downtown Prescott. 

Passes unanimously. 

a. 130 North Condominium Aerial

b. Preliminary Plat

G. Approval of Final Plat for Walden Ranch Phases 3 and 4A.

Council Memo Printout 

a. Walden Ranch Phase 3 Aerial

b. Walden Ranch Phase 4A Aerial

c. Walden Ranch Preliminary Plat 2015

d. Final Plat Phase 3

e. Final Plat Phase 4A

Blair thanks the developer for what they have done. He asks how soon they will see final connectivity to the roundabout.  

Motion passes unanimously. 

H. Approval of Amendment to City Contract No. 2018-037A2 with AMEC Foster Wheeler for the Granite Creek Dam Outlet Rehabilitation Project, in the amount of $1,777,800.00. Funding is available in the Water Fund.

Council Memo Printout

They will have to build this under water, which it includes a commercial diver. 

Council Blair asks if they can film it during the repairs. 

They are considering what they can do. 

They have done some preliminary underwater investigation, and it does not appear that an underwater camera feed will work.

Passes unanimously. 

a. Granite Creek Dam Outlet Rehab Vicinity Map 

b. Granite Creek Dam - Stage 3 GMP Exhibit 'A'

I. Adopt Ordinance No. 2018-1611 to approve a rezoning of two parcels owned by Catholic Charities from BG to DTB for their Twin Cedars elderly and veterans housing project.

Council Memo Printout

 This project takes place at the corner of Summit and Gurley.  

a. Ordinance No. 2018-1611 

b. Legal Description, Exhibit A of Ordinance No. 2018-1611

 c. Aerial Vicinity Map

d. Zoning Map

e. Zoning Parcel Map

f. Applicant's Site Plan

 To be one consistent zone for 3 parcels. 

This will provide more housing for veterans. 

Public Comment:

Daniel Mattson: Recommends they go forward with this. Highly recommends. "This is a wonderful thing, it's a really good thing."

Catherine Rusing: Daughter of a career military veteran, they own a small apartment complex near this. She supports Catholic Social Services. She points out that this is going to be more than just an apartment. She thinks it will be like a hotel, and rehab center, and will bring a lot of traffic to the area. Asks about egress and ingress. 

Tom Rusing: Just heard about the project. Wonders about children and school safety. Thinks the scope of the project is out of proportion. 

Lamerson points out that this is just the starting process. 

Senior Citizen veterans, 55+ age. It has to serve in the same capacity to the same type of people. 

Motion passes unanimously.

J. Approval of Amendment No. 1 to Agreement for Potable Water (City Contract No. 2013-150A1) with Habitat for Humanity for the Madison Park Cottages, a 6-Unit Subdivision on APN 113-14-053 at Short Street and Madison Avenue.

Council Memo Printout 

a. Amendment No. 1, City Contract No. 2013-150A1

 b. Madison Park Cottages Final Plat/Location Map

 This is within water policy. 

Daniel Mattson is excited about this. 

Passes unanimously. 

K. Approval of Amendment No. 2 to Agreement for Potable Water (City Contract No. 2017-205A2) with Bethel Development, Inc., for a 72-Unit Workforce Housing Apartment Project (Creekview Village) on APNs 113-07-070 and 113-07-071B at 519 Miller Valley Road.

Council Memo Printout 

a. Amendment No. 2, City Contract No. 2017-205A2

b. Location Map

This project is taking longer than expected, but it's underway.

Daniel Mattson says this is also a wonderful project.  

L. Update on PSPRS (Public Safety Personnel Retirement System) dedicated tax and payments to the PSPRS Trust Funds.

Council Memo Printout

 PSPRS:

Total Additional Payment to PSPRS $12,514,923

Annual Required Contribution $5,319,758

Total Contribution to PSPRS: $17,834,681

"This is what we told you we were going to do, and this is what we're doing," Mayor Pro-Tem Billie Orr said. "Kudos to Prescott for taking care of this."

Goode emphasizes how diligent the payments need to be. "Let's not get too relaxed and happy on this."

Sischka, "If we wouldn't have passed 443, I can't even imagine where we would be."

"One of the things I want to let people know is that we are not going to let PSPRS off the hook, we are going to be looking at them under a microscope," Sischka said.

"The City - we've done our job on this. Now it's time for the Legislature to do their part."

M. Legislative Update

• All committee work is completed, except for Appropriations. Appropriation Committees in both chambers will meet this week. They can hear any bill, not just dollars and cents. 

• Both chambers are meeting in small groups to discuss their budgetary priorities and it’s anticipated the budget will be finalized in the next few weeks. Senator Fann and Barry are still advocating for the Hotshot funds ($7.8 million).


• The Legislature passed a bill to extend Prop 301 for 20 years, which provides about $667 million to schools through a 0.6-cent sales tax.

That helps the schools. 

Top Bills of Interest
• HB2502 (Rep. Boyer) PTSD; Worker’s comp; presumptions. S/E Amendment in Senate Appropriations

  • • Employer pays up to 12 licensed counseling visits and an additional 24 if a licensed professional deems it necessary in a 1 year period. An employer’s payment for these visits does not constitute a presumption of PTSD
  • Changes: A little more palatable. 
  • Employer would pay up to 12 licensing visits, and an additional 24 if necessary. 
  • It is not an assumption of PTSD.
  • The city can requrire an independent medical exam.
  • The City would pay up to 30 days pay, but there are some limitations. 
  • It's not perfect, but they won't oppose it.
  • • Allows employee to select mental health professional, but does not disallow the city to require an IME
    • City pays up to 30 days of salary and benefits after deemed unfit for duty by a licensed mental health professional if the employee cannot do light duty, has no PTO, is not eligible for short term disability, and if the employer has no supplemental program that provides pay and benefits after an injury occurs.

    SB1465 (Sen. Brophy McGee) Sober Living Homes; Certification. SB1465 passed Senate 29-0 with amendments from stakeholder mtg. Passed House Health 8-0.
    • SB1451 (Sen. Barto) Patient Referral inducements; prohibited compensation. Passed Senate 30-0. Passed House Health 8-0.
    HB2604 (Speaker Mesnard) Consolidated election dates; voter turnout. Passed House 34-22 with amendment that would hold cities harmless from expenditure limitation penalties. Passed Senate Gov Committee 4-3.
    • HCM2005 (Rep. Campbell) flight hour requirements waiver. Passed House 55-3. Passed Senate Transportation Committee 7-0. Looks like it will go through. 

    Other Bills:
    • HB2500 (Rep. Grantham) Real Estate Signs. Passed House 39-20. Passed Senate Gov Committee 7-0. Not in Rules yet.
    • HB2371 (Rep. Payne) Mobile Food Vendors. Passed House 45-11. Passed Senate Commerce & Public Safety 8-0 and Finance 7-0. Sponsor has included amendments from League that will allow cities to regulate food trucks on public property, require a permit, keep from blocking traffic, time limit for operating on public property (96 consecutive hours) and must name city as additional insured on policy if operating at a city event or on city property
    • HB2514 (Rep. Cook) HURF distribution. Passed House 36-20. Passed Senate Transportation 4-3 and in Appropriation Committee 3/27. Takes $18M in FY2020 and gives $9M to counties with less than 215,000 pop. and $9M to cities with less than 7,500 residents. Estimated impact to Prescott $45,500.
    • HB2333 (Rep. Weninger) Home-Based Businesses. S/E amendment will be offered in House Appropriations on Wednesday since this failed to pass committee before the deadline.
    • HB2579 (now SB1140) (Rep. Norgaard) Video service. Passed House 37-18. Failed to be heard in committees so a S/E amendment will be offered in House Appropriations 3/28. This would leave licensing authority with local governments
    • SB1382 (Sen. Kavanaugh) TPT; Vacation Rentals. Passed Senate 30-0. House Appropriations 3/28
    • HB2479 & SB1392 (Rep. Ugenti-Rita) TPT; Digital Goods and Services. Passed House 39-19. Financial impacts to cities and state have been shared ($33M to cities with $400k to Prescott, $120M to state). Has not progressed and Senate has major concerns with fiscal impact. - Still alive.
    • SB1499 (Sen. Smith) CFD; directors. Passed Senate 30-0. Passed House 54-5. The governing body plus 2 may be the board of directors.
    • HB2097 (Rep. Livingston) Pension funding policies. Passed out of House 58-0. Passed Senate Finance Committee 7-0. Waiting for 3rd Reading Calendar.



Dead Bills:
• HB2387 (Rep. Rivero) Municipal TPT; speculative builders.
• HB2116 (Rep. Kern) Limitations of actions; dedicated property.
• HB2005 (Rep. Leach) Municipal Economic Development; Sale; Lease.
• SB1262 (Sen. Petersen) Retirement, assumed rate of return.

12. ADJOURNMENT

Lynne LaMaster

Lynne LaMaster is the Founder and Editor of the eNewsAZ Network of websites. She asks a lot of questions! In her spare time, she loves photography, cooking and hanging out with her family.

Website: https://www.facebook.com/eNewsAZ/