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HomeMy WebLinkAbout2013.0516.TCRM.Minutesz:\council packets\2013\r130606\130516m.docx Page 1 of 8
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 16, 2013
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers
* INVOCATION – Trecia Freeman, Church of Jesus Christ of LDS
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Kavanagh, Councilmember Leger,
Councilmember Brown, Councilmember Dickey, Councilmember Yates, Vice Mayor Elkie, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also
present.
* MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh commended the Fountain Hills' High School baseball team and their coaches on winning the State
championship this year. The Mayor called out the names of each of the players and the coaches and requested that
they approach the dais where photographs of them were taken with members of the Council. The coach expressed
appreciation to his assistant coaches and thanked his family and the team's parents for their support as well. He
discussed the team's outstanding season and praised the members of their team for their spirit, dedication and good
sportsmanship. He presented the Mayor with a baseball signed by all of the team players and the coaches and thanked
the Town for its ongoing support. He announced that Fountain Hills' High School has also been recognized for
having the top athletics department in the State.
Councilmember Dickey commented on the recent anniversary of the passing of former Councilmember Kathleen
Nicola (2005) and said that she wanted to give a shout out to her and her family and say that they miss her.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
None.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MAY 1 AND 2, 2013.
AGENDA ITEM #2 – CONSIDERATION OF APPROVING A CONTRACT C2014-101 WITH C & S
SWEEPING SERVICES, INC., NOT TO EXCEED $75,000 FOR STREET SWEEPING SERVICES
BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE CONTRACT WITH FOUNTAIN VIEW
VILLAGE CONTRACT FOR FY 2013-2016 HOME DELIVERED MEALS, IN AN AMOUNT NOT TO
EXCEED $422,081.15.
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AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2013-21, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY ANIMAL CAR AND CONTROL
RELATING TO ANIMAL SHELTER SERVICES (USE OF COUNTY ANIMAL SHELTERS) FOR THE
FISCAL PERIOD BEGINNING JULY 1, 2014 THROUGH JUNE 30, 2018, WITH THE ESTIMATED
ANNUAL COST OF $19,464.
Vice Mayor Elkie MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED the
motion.
There were no citizens wishing to speak on these agenda items.
A roll call vote was taken as follows:
Councilmember Dickey Aye
Vice Mayor Elkie Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2013-19, ADOPTING THE MAXIMUM
AMOUNT FOR THE TOWN OF FOUNTAIN HILLS' FISCAL YEAR 2013-14 TENTATIVE BUDGET
WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENTS IN ACCORDANCE WITH
STATE LAW. THE COUNCIL MAY ADDRESS ANY OR ALL ITEMS CONTAINED IN THE BUDGET
DOCUMENT AND INITIATE ANY CHANGES PRIOR TO THE ADOPTION.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that before the Council is
the Tentative Budget to be adopted after a number of Special meetings that the Council has held recently. He
highlighted a brief PowerPoint presentation on this item (a complete copy is available on line and in the office of the
Town Clerk). He discussed the Core Services from all funds and reported that the maximum amount for the Town's
Fiscal Year 2013-14 Tentative Budget is $41,655,378. He said that it is staff's recommendation that the Tentative
Budget be approved by the Council and indicated staff's willingness to respond to any questions.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Elkie MOVED to approve Resolution 2013-19, adopting the maximum amount for the Town's Fiscal
Year 2013-14 Tentative Budget and Councilmember Yates SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #6 - CONSIDERATION OF ACCEPTING A BRONZE SCULPTURE TITLED, "RONALD
REAGAN" FOR PUBLIC DISPLAY IN FOUNTAIN PARK.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and advised that Sandi
Thompson and Jerry Miles representing the Public Art Committee are present in the audience this evening. He
referred to a copy of a letter (displayed in the Chambers and available on line and in the office of the Town Clerk)
received from the Public Art Committee asking for the Town's consideration and acceptance of a piece titled, "Ro nald
Reagan" which depicts the former President in western clothing. He noted that the proposed location for the bronze
sculpture is listed in the material provided (in Fountain Park along Saguaro Boulevard next to the Teddy Roosevelt
and Lincoln sculptures). He advised that the piece has a gallery price of $45,000 and the cost to insure it at that price
will be $193.50 annually. He informed the Council that the piece was done by Colorado artist Mark Lundeen and is
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being donated by residents Bryon and Judy Segedi. He indicated his willingness and that of the members of the
Public Art Committee to respond to any questions from the Council.
There were no citizens wishing to speak on this agenda item.
Councilmember Brown thanked Bryon and Judy Segedi for their generous contribution to the Town. He said that it is
his understanding that they would like to have the unveiling in October when they are back in Town so they all have
something to look forward to.
Councilmember Brown MOVED to accept the bronze sculpture titled, "Ronald Reagan" for public display in
Fountain Park and Councilmember Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 - CONSIDERATION FOR THE TOWN OF FOUNTAIN HILLS TO INTERVENE IN
THE EPCOR CHAPARRAL CITY WATER COMPANY'S ARIZONA CORPORATION COMMISSION
WATER RATE HEARING.
Mr. Buchanan addressed the Council and advised that staff is requesting that the Council give consideration and a
motion for the Town of Fountain Hills to intervene in the EPCOR Chaparral City Water Company's Arizona
Corporation Commission Water Rate Hearing (increase in rates/charges). He reported that currently there is a
proposal for a 34.8% increase and noted that the Town is a large user, approximately $140,000 a ye ar, and said that it
would be prudent to make their case before the Arizona Corporation Commission where the Town will at least have a
seat at the table.
Councilmember Dickey said that when the Council met with them they discussed some of their infrastr ucture needs
and those kinds of things and talked about raising the rates. She asked if staff knew what that was at that time.
Mr. Buchanan replied that he has not met with them and explained that the goal is to get in a position so that during
the process they would actually have a seat at the table and could, if they so choose, to provide input. He added that if
they don't do that then they will not have an opportunity to do so. He said that he has only seen the application and is
not aware of what numbers were originally talked about.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to proceed with the Town of Fountain Hills applying for designation to intervene
regarding EPCOR Chaparral City Water Company's r ate hearings in front of the Arizona Corporation Commission
and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2013-17, APPROVING THE TOWN OF
FOUNTAIN HILLS' PERSONNEL POLICIES AND PROCEDURES, AMENDED AND RESTATED JULY 1,
2013.
Mr. Buchanan addressed the Council relative to this agenda item and said that since the Town of Fountain Hills'
Personnel Policies and Procedures Employee Manual was approved by the Council in 2004, an updated version is
overdue. He noted that the draft manual being presented for Council's approval at this time has been reorganized,
renumbered and revised and therefore presenting them with copies of the strikethrough version would be almost
impossible to follow. He said that although the policies may read somewhat different ly, the Council will find that the
intent of the majority of the policies has not changed. He requested that Human Services Administrator Joan
McIntosh provide the Council with a brief presentation on this item.
Ms. McIntosh addressed the Council and said that they have before them a draft of an updated Personnel Policies and
Procedures for Town staff, an Employee Manual (a complete copy of which is available on line and in the offic e of
the Town Clerk). She advised that the new manual has been updated to reflect the changes in laws since 2004 and has
also been reorganized, renumbered and revised. She said that in the future staff's goal is to bring individual policy
changes to the Council on a more consistent basis.
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Ms. McIntosh highlighted a brief PowerPoint presentation on the updated manual and discussed the following points:
* The process that has been followed over the last ten months
* Deletions and Replacements
* Additions (New Policies that were added)
* Changes to the Intent of the Policy
Ms. McIntosh noted that the proposed revised manual is slightly longer than the current one because draft samples of
forms have been included for clarification purposes but added that it contains 20 fewer policies than the current
manual. She indicated her willingness to respond to questions from the Council.
Councilmember Yates asked how many new employees the Town has hired annually over the last five years and Ms.
McIntosh responded not many, turnover is generally in the Parks & Recreation area where schedules are more
difficult (nights, weekends). She added that over the last five years they have added maybe three new full -time
employees. She said that during better economic times , with growth happening throughout the Town, they probably
would be hiring seven or eight people a year.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey MOVED to approve the Town of Fountain Hills Personnel Policies and Procedures amended
and restated July 1, 2013 and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY
(7-0).
AGENDA ITEM #9 - PUBLIC HEARING REGARDING ORDINANCE #13-05, AN AMENDMENT TO
SECTION 11-1-3 OF THE TOWN CODE. IF ADOPTED, THE ORDINANCE WOULD INCLUDE A
DEFINITION FOR GRAFFITI AND ADD A REQUIREMENT TO KEEP WALLS, BUILDINGS, FENCES,
ETC. FREE OF GRAFFITI AT ALL TIMES.
Mayor Kavanagh declared the public hearing open at 7:05 p.m.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and advised that this is a request from
Code Enforcement staff to amend the Town Code. He said that the proposal includes new definitions to graffiti and
adds a requirement to keep walls, buildings, fences, etc., free of graffiti at all times. He noted that currently the Town
Code only prohibits the application of graffiti and does not contain language that pertains to its removal and once
applied there is currently no mechanism for Code enforcement to require that graffiti be covered over or removed. He
stated that most property owners voluntarily have graffiti removed but occasionally Code Enforcement staff
encounters individuals that are unwilling or unable to remove it. He added that the amendment includes a new
Subsection G "Graffiti Prohibited" and proposes to add a new Subsection A --"Definitions." He stated that staff
recommends that the Council approve the proposed amendment as outlined.
Vice Mayor Elkie asked how often staff encounters individuals who refuse to cover up the graffiti and Mr. Rodgers
replied that there have been two instances over the last couple of years. He said that usually people want to
remove/cover up the graffiti. The Vice Mayor referred to the Notice of Abatement included in the propos al and asked
if there has been any decision made regarding how the notice will be delivered/posted (regular mail, personal service
or posting the property). He commented on the number of winter visitors the Town has and said that they could be
out of Town, not know about it and unable to comply with the order to remove and then the Town would cover it up
and send them a bill for doing so.
Mr. Rodgers advised that staff has not had to do that yet and said if it is a winter visitor, a notice will be posted on the
property but staff will also find out who owns the property and if they are out of State they will call them.
Vice Mayor Elkie commented that several months ago residents called and reported that there was graffiti on their
back walls that they were unable to cover up by themselves and arrangements were made to have some volunteers go
over and cover up the graffiti. He asked what provisions staff has made for residents who cannot remove the graffiti
themselves.
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Mr. Rodgers stated that the Town has not done any actual graffiti abatement and added that volunteers are obviously
going to be able to do it. He said arrangements will be made for anyone who cannot remove the graffiti themselves
and noted that staff does not issue these notices up front -- calls are made, attempts to contact the people occur and the
notices are really a last resort.
Vice Mayor Elkie asked in an extreme situation should someone refuse to cover up the graffiti after receiving a notice
and a contractor or Town staff goes out and covers it up, are there any liability issues associated with that such as
matching the paint, doing unintentional damage when on the property, etc.?
Town Attorney Andrew McGuire responded that that is pretty much the same concern they have with all of the Code
Enforcement efforts in Town. He said what they would likely do in a case like this is have a contractor that handles
graffiti abatement in other cities and towns do the work and through the contract that the Town enters into with the
contractor liability protection would be provided.
Vice Mayor Elkie commented on the ten-day time period in which graffiti must be removed and said that although
everyone would like graffiti removed as quickly as possible, in the spirit of working with people , particularly winter
visitors, he would prefer to change the required time period to twenty days. He asked how the Town was going to
confirm receipt of the notices.
Mr. McGuire stated that the issue staff was most concerned about in terms of the ordinan ce was ensuring that notices
be sent by first class mail so that they are not required to do personal service as they do in other cases. He added that
he doesn't think that there will be an actual confirmation required under the code. He said that he kno ws Code
Enforcement's procedure is multiple attempts to contact the individuals prior to using the mail -- the notice is a last
resort. He stated that he is hopeful that they won't have to get to that point but every time something gets into a grey
area staff calls him and they discuss what the best ways to handle situations are.
Mayor Kavanagh advised that she had some discussions about this with Mr. Buchanan and staff, particularly the ten -
day period that the Vice Mayor brought up and how that might be difficult for winter visitors, people on vacation, etc.
She noted that it was her intent to ask the Council if they would be willing to extend the time period beyond the ten
days in order to give people a little more time. She added that the other thing she was concerned about was putting
notices on peoples' actual property and commented that that is giving a notice that someone is not at their residence
and robbers could take advantage of this fact. She asked whether staff was thinking about placing the notices on the
doors like they do for businesses or would it be a little more discreet.
Mr. Rodgers replied that typically staff (Roy) is in touch with the people well over a month before a notice would be
posted. He reiterated that the notice is the absolute last resort. He advised that people will be contacted first over the
phone or in person if they are around and find out what their plans are to remove the graffiti. He said that if they are
unable to contact the person, then a letter would be sent out and typically the only ones that don't respond are the
banks that own properties in Town.
The Mayor requested input regarding extending the ten-day deadline from the members of the Council.
Councilmember Yates suggested that the Town send out 30-day notices and stated that the only people who would
take that amount of time would be the ones who are going to fight the Town anyway and so they would know that up
front. He spoke in favor of consistency and said that most notices are thirty-day notices.
Mr. Rodgers pointed out that the ten-day policy is consistent with the abatement process for swimming pools (ten
days after all of the verbal exchanges have taken place).
Vice Mayor Elkie stated that from a legal standpoint people have twenty days to res pond to a lawsuit and noted that
pools are a public safety hazard and that is the reason for the ten-day notice.
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In response to a question from the Vice Mayor, Mr. McGuire advised that for the few times that the Town has had to
do personal service he believes they have used process servers but that is not required and the Town's Code
Enforcement officers can and have handed out the notices personally.
Councilmember Hansen advised that she is comfortable with a twenty-day notice and said it should be included in the
motion.
There were no objections from the Council regarding changing the time frame to twenty days for notices.
There were no citizens wishing to speak on this agenda item.
Mayor Kavanagh declared the public hearing closed at 7:16 p.m.
AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE #13-05, AN AMENDMENT TO SECTION 11-1-
3 OF THE TOWN CODE. IF ADOPTED, THE ORDINANCE WOULD INCLUDE A DEFINITION FOR
GRAFFITI AND ADD A REQUIREMENT TO KEEP WALLS, BUIDING, FENCES, ETC. FREE OF
GRAFFITI AT ALL TIMES.
(For discussion of this item see Agenda Item #9 above).
Vice Mayor Elkie MOVED to approve the proposed amendments to the Fountain Hills Town Code Section 11-1-3
regarding graffiti as discussed and to amend Section G -1 as it relates to the Abatement Timeframe from ten days to
twenty days and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #11 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE ARIZONA LEAGUE OF CITIES AND TOWNS WEEKLY LEGISLATIVE
BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
Councilmember Dickey requested that Mayor Kavanagh discuss the TPT (Transaction Privilege Tax) proposal that
she thought might come up yesterday.
Mayor Kavanagh advised that there is a conference call on Monday to find out what the "latest " is on this item. She
said that so far they have accepted the audit and the portal, the construction sales tax is going to remain the same and
the big discussion now is still with the trades (plumbing and electrical). She stated that the State is propos ing that
they pay at point of sale which, according to the League, reduces their taxes from 65% to 21% so they will get a tax
break as a result of that. She further advised that the League is proposing to share the use tax as a way to mitigate the
local impact and the State came back with a counter proposal saying that the only cities and towns that they were
going to compensate were cities and towns with populations of 5,000 or under. She noted that they are objecting to
that and pointed out that it is for 5,000 or under cities and towns but only for four or five years. She said that small
cities and towns are going to lose out on this. She added that their concern is that the big cities might go along with
the compromise because it is at the point of sale and then having the big boxes they are going to get that sales tax plus
they will get the extra use tax. She stated that if they go along with the 5,000 and under then all the rest of them have
to compensate the 5,000 and under cities and towns with their share which is not fair either and they are getting hit
from many different directions. She advised that she will protest against that during the conference call on Monday.
Councilmember Brown commented on the fact that the accounting system is already extremely difficult (trying to
account for money in the construction industry and trying to pay the correct amount). He stated that if they separate
the mechanics (plumbing and electrical) out of it, it will only get worse.
The Mayor advised that there is no definition of "remodel" at this point in time, they are still working on that and this
is very important for the Town of Fountain Hills since a lot of the work will be remodeling. She added that she just
found out today that there is a lot of discussion about the budget and because it might take longer they may have a
little more time to negotiate this.
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Councilmember Dickey discussed House Bill 2404 and said that it is still stalled and not on the floor in the House and
she knows that Mr. Buchanan was writing something to the Governor because they were anticipating it going to the
Governor. She said it could end up being something that is down on the floor and that i s the last part of it so she
requested that Mr. Buchanan send a note to the Town's House members in an effort to prevent that from even getting
to the Governor.
Mr. Buchanan stated that on Monday staff can try to bring up HB 2404 with the League and said they are getting
briefed by the two League liaisons so they can bring this up and discuss it as well.
Councilmember Dickey noted that Ryan Peters is actually working on that bill.
Councilmember Dickey commented that the Elections bill is kind of "all over the map" as far as what is in it. She said
that the fact sheet mentions consolidated elections but she is not exactly sure what it does and whether it deals with
mail-in elections or not. She reported that some of the other cities and towns are waiting to see what that does to their
terms of office.
Councilmember Dickey also discussed HURF and said they received some information from the MAG (Maricopa
Association of Governments) Regional meeting. She reported that MAG is saying that their challenge involves the
Highway User Revenue Fund, which is the primary funding for construction and maintenance of roads. She said that
the whole transportation plan has been stymied because of a lack of funding and part of that would have been
something that we might have gotten a bus out to us and now we know that’s not part of it. She read from the fact
sheet that said "During the recent state budget crisis, the legislature diverted more than $126 million from HURF to
support the Arizona Department of Public Safety (DPS) despite a statutory cap on such diversions of $20 million. In
addition, last year about $109 million of HURF monies was diverted to help balance the State's General Fund budget."
Councilmember Dickey discussed the cumulative HURF amounts ($234 million) noting that accounted for more than
19% of total HURF collections for 2012, and stated that despite the increase of additional $180 million in revenue that
has been collected since 2000, the funding that has been allocated to cities, towns and cou nties is actually lower than
it was in 2000 and yet traffic volumes and population and all those continue to grow. Because the TPT could actually
affect the Town’s budget and although it’s late and they wouldn’t be able to try and do anything for the FY13 /14
budget but she said that she gave the information to the Council because it helps spell out what they have not realized
in our budget for roads. She said she thinks it helps to talk about why the Town is in the position it is in and why they
had to take $2 million towards roads for next year and have focused almost all of their attention on roads and she
reiterated that $20 million was the cap on the diversions.
Councilmember Dickey referred to an article she read, which stated that the County Supervisors are going to be going
to the State legislature to try and get HURF funding and one of the things in the three prong approach is to restore
HURF monies to the counties. She added that they heard there was not going to be any change regarding giving
money to DPS because they are saying local governments benefit from DPS patrols. She asked if the Council would
be okay with directing staff to talk to the League about the possibility of the League joining the County Su pervisors
because this is kind of an organizational thing, and then, if the League isn't interested in doing that, perhaps the Town
could take some action next year when we look at our legislative proposals in how to move towards a long term
revenue stream to us that is actually appropriately ours but that has been diverted for twelve or thirteen years. She
suggested that they approach the League to do this as an agenda item (HURF restoration) much the way the County
Supervisors are doing, and if we fail anywhere along the lines, then maybe some of us could talk to some of the
County Supervisors that we know and ask them what their approach is (see if they can get that). She stated that she
doesn't know what this has done to Fountain Hills -- she knows that last year it was $155,000 but they also diverted to
MVD last year -- she indicated that she has been trying to figure that out and thinks it might be about $90,000 but if
you go back ten years, even if it was $50,000, that's a chunk of change for our little budget that is coming out of our
road fund. She asked the Council to consider that and said that maybe in September sometime they could address this
in a formal way as we go forward with the 2014-15 budget.
Mayor Kavanagh stated that everyone can look at what Councilmember Dickey has provided them and talk to the
League. She acknowledged that there have been a lot of good ideas presented that they need to look into. She
advised that Mr. Buchanan informed her that DPS is using the money that they are getting for roads and this is worth
looking into because it is a lot of money.
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Vice Mayor Elkie advised that he supports joining the County Board of Supervisors and trying to get some
momentum going, the sooner the better.
The Vice Mayor wished his wife a very happy birthday.
AGENDA ITEM #12 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #14 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:30 p.m.
TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
_________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by
the Town Council of Fountain Hills in the Town Hall Council Chambers on the 16th day of May, 2013. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 6th day of June, 2013.
_____________________________
Bevelyn J. Bender, Town Clerk