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HomeMy WebLinkAbout2014.0116.TCREM.Minutesz:\council packets\2014\r140206\140116m.docx age 1 of 12
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
JANUARY 16, 2014
EXECUTIVE SESSION
* CALL TO ORDER
Mayor Kavanagh called the Executive Session to order at 5:31 p.m. in the Fountain Conference Room - 2nd Floor.
AGENDA ITEM #1- ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO
A.R.S. §38-431.03(A)(4), DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC
BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE
PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF
NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT
DISCUSSION CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY,
RELATING TO THE RURAL METRO CONTRACT.)
ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Linda
Kavanagh, Councilmember Ginny Dickey, Councilmember Dennis Brown, Councilmember Cecil Yates, Vice Mayor
Cassie Hansen, Councilmember Tait Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town
Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present.
Councilmember Yates MOVED to enter into the Executive Session at 5:31 p.m. and Councilmember Elkie
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #2 - ADJOURNMENT.
Without objection, the Executive Session adjourned at 6:24 p.m.
REGULAR AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:32 p.m. in the Town Hall Council Chambers
* INVOCATION – Pastor Todd Forest, Fountain Hills Christian Center
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember
Ginny Dickey, Councilmember Dennis Brown, Councilmember Cecil Yates, Vice Mayor Cassie Hansen,
Councilmember Tait Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew
McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
The Mayor stated that the Opening Session at the Legislature this week started on a positive note with Speaker Andy
Tobin asking the Legislature to work on restoring the cities and towns' share of State Shared Revenue and said this is
good news for the Town and she and the Council will be keeping an eye on that one. She noted that they were all
pleased to hear the Governor's concern and call on the Legislature to fix the horrific problems in the CPS system. She
emphasized that where children's safety is concerned, there should not be any partisan lines. She added that she and
Councilmember Yates had the opportunity yesterday to meet some of the new executives with Republic Services, the
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Town's trash company. She stated that they also discussed the possibility of some future programs that this company
is offering the Town and discussed the new community grants project that is going on right now. She advised that if
citizens go to the Republic Services' website, Recycling Rewards, and then click on the Fountain Hills' link, they can
vote their points to the Fountain Hills' community project that they like. She added that at the same event they had the
opportunity to network with other companies which may have something to offer the Town.
ii) The Mayor will read a Proclamation declaring January 30, 2014 Pony Express Day in the Town of Fountain Hills.
Mayor Kavanagh stated that the Pony Express played a particularly important and colorful part in the history of the
West dating back between 1860 and 1861. She said that each year the Pony Express riders are remembered with a
commemorative ride by the members of the Hashknife Gang, traveling from Holbrook to Scottsdale and noted that
Fountain Hills is the next to last stop on their trek. The Mayor proclaimed January 30, 2014 Pony Express Day in the
Town and stated that all residents, visitors and visitors of surrounding areas are invited to join in the festivities and
dress western to commemorate this part of their history of the West.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Introduction of the Town's new Part-time Economic Development Specialist, Scott Cooper.
Town Manager Ken Buchanan introduced the Town's new Part-time Economic Development Specialist, Scott Cooper,
and briefly highlighted his background and experience.
Mr. Cooper thanked the Council for the opportunity to address them and briefly expanded u pon his education and
experience in his area of expertise. He said he has over 18 years of experience in economic development and business
development, 14 working with municipalities including Scottsdale and the last four years in the private sector. He
discussed the elements he believes are crucial in successful economic development and noted that every one of those
elements are included in the Town's Economic Development Plan. He stressed the importance of an implementation
strategy for the Plan and stated that they have already started to address the Business Attraction Plan, a Downtown
initiative and, thanks to Business Services, a Tourism initiative. He added that he very much looks forward to a future
with the Town of Fountain Hills and thanked the Council and Town Manager for this opportunity.
Mayor Kavanagh welcomed Mr. Cooper to the Town of Fountain Hills.
ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional
Domestic Violence Council meeting held on December 17, 2013.
Councilmember Dickey advised that the Maricopa Association of Governments (MAG) Regional Domestic Violence
Council, of which she is a member, met on December 17, 2013 and approved the 2013 MAG Regional Protocol
Model. She explained that the Model was developed based on local and national best practices for law enforcement's
response to domestic violence crimes. She noted that they worked on their draft goal s and she has them with her and
all resources and information are available on the MAG website (www.azmag.gov). She stated that they also
evaluated the past year a bit and while working on assessments to determine effectiveness, they would look for
statistical evidence of decreased incidents and more enforcement. She said that they have been successful in pulling
all disciplines together and raising awareness. She further stated that the Council thanked their outgoing Chair Barbara
Marshall from the Maricopa County Attorney's Office and welcomed new Chair Steve Campbell, from the City of
Mirage Police Department. She advised that their next meeting will be held on February 6th at 2:00 p.m. at MAG and
all are welcome. She reiterated that all of the information, including agendas, are available on line.
Mayor Kavanagh thanked Councilmember Dickey for her update.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
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AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM JANUARY 2, 2014.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A LICENSE AGREEMENT FOR A MARICOPA
COUNTY AIR MONITORING STATION AT FIRE STATION #1.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A WINE FESTIVAL/WINE FAIR LICENSE
APPLICATION SUBMITTED BY ARLENE DOMANICO, REPRESENTING PASSION CELLARS, IN
CONJUNCTION WITH THE THUNDERBIRD ARTISTS F INE ART AND WINE AFFAIRE. THE EVENT
IS SCHEDULED FOR FRIDAY-SUNDAY, MARCH 14-16, 2014, FROM 10:00 A.M. - 5:00 P.M. ON THE
AVENUE OF THE FOUNTAINS.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING RESOLUTION 2014-06, GRANTING AN
INGRESS & EGRESS EASEMENT TO SALT RIVER PROJECT (SRP), ON PORTIONS OF THE TOWN-
OWNED KIWANIS BUILDING PROPERTY AT 16957 KIWANIS DRIVE, ADJACENT TO SRP'S
FOUNTAIN SUBSTATION SITE (EAA2013-13).
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Dickey SECONDED
the motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Ginny Dickey Aye
Councilmember Dennis Brown Aye
Councilmember Cecil Yates Aye
Vice Mayor Cassie Hansen Aye
Councilmember Tait Elkie Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #5 - CONSIDERATION OF APPOINTING TWO (2) CITIZENS TO SERVE ON THE
BOARD OF ADJUSTMENT FOR THE PERIOD BEGINNING FEBRUARY 1, 2014 UNTIL JANUARY 31,
2016.
Mayor Kavanagh MOVED to appoint Paul Ryan, who was previously appointed on January 3, 2008 to the Board of
Adjustment and was appointed Vice Chairman of that Board in 2009. She further stated that he was appointed
Chairman of the Board in 2011. She said that Mr. Ryan is a valuable asset to the community and to the state for his
contributions. The Mayor also MOVED to appoint Carol Perica, who was appointed to the Board of Adjustment on
February 17, 2011serving a one-year term filling a vacancy on the Board. She noted that Ms. Perica was then
appointed to Vice Chairman for a full term and has remained in that position since. She said tha t Ms. Perica enjoys
participating in local government and serving the Town. Councilmember Dickey SECONDED the motions, which
CARRIED UNANIMOUSLY (7-0).
There was no discussion on this item.
Ms. Perica was present in the audience and the Mayor thanked her for serving again and also thanked Mr. Ryan and
said the Town appreciates his service and all of the time that he has put in.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2014-04, ADOPTING THE TOWN OF
FOUNTAIN HILLS COMMUNITY CENTER OPERATING POLICIES.
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Community Services Director Mark Mayer addressed the Council relative to this agenda item and said he came before
the Council a number of months ago when they took a look at the policies at the Community Center and made some
amendments to that policy. He stated that the policies before the Council this evening for consideration are policies
that they have been following at the Community Center since it opened over a decade ago with two exception s -- some
changes to the kitchen policy and one to the liquor policy a number of years ago when it was decided that the Center
would no longer hold a liquor license. He advised that following research it was determined that the policies have
never been officially approved by the Council and staff thought it important to bring that forward. He added that they
also brought this before the Community Center Advisory Commission and they recommended, at their December 16th
meeting, to recommend to the Council approval of the Community Center Policies. He said that staf f also
recommends approval of the Resolution adopting the policies. Mr. Mayer indicated his willingness to respond to
questions from the Council.
Mayor Kavanagh referred to Section 4, General Rental Regulations, and Operating Policies, letter M, which states,
"Firearms, explosives or other weapons are not allowed in the Center, other than those carried by a peace officer in the
performance of official duties." She said from her background with police, she knows that officers have to carry their
service revolver even when off duty so she contacted Captain Rodriguez and he supplied her with the section in the
Maricopa County Sheriff's Office (MCSO) regulations that clearly states that "while off duty, compensated sworn
personnel will take law enforcement action when observing a felony or a serious misdemeanor offense in progress
unless in a Deputy's judgment such action would place bystanders or the Deputy himself at an unacceptable risk of
bodily harm, for their own protection and to enable them to take appropriate law enforcement action. Sworn Deputies
are further required to qualify for and carry or have in an immediate proximity a service weapon or an approved off-
duty weapon in accordance with the policy." She advised that the Captain is in attendance this evening and he
suggested just a wording change to "a firearm can be carried by a Federal or State certified peace officer."
There was no discussion or questions regarding the suggested language change.
Councilmember Yates stated that he has been approached by citizens who own restaurants and people who hold events
at the Center and asked Mr. Mayer to discuss Section 13 and how the kitchen will operate and the need of a license and
how this is very similar to what has always been in place but is slightly expanded.
Mr. Mayer said that Section 13 is what staff brought before the Council several months ago and noted that it basically
mirrors what is covered under the Maricopa County Environmental Health Department. He advised that there are
several requirements for this type of a kitchen -- they can allow people to utilize the kitchen, they can warm things and
keep things cool, but it cannot be used as a food preparation kitchen. He added that the required licensed, insured
caterers can prepare the meal at an off-site location that has also been inspected and permitted by the Health
Department. He stated that once that is done, they can bring whatever food they have already prepared to the
Community Center and keep it warm or cool -- they can do everything there except prepare the food. He further noted
that this is really the same policy they had in place all along but it wasn't always exactly consistently followed because
there were a lot of nuances that came into effect and there have been some changes to the laws as well. He said that
staff tried to redefine it and make it more easily understood. He pointed out that the Center has been requiring licensed
and insured caterers all along but now some additional language has been put in to clarify "knives" other than
"silverware, " etc.
Councilmember Dickey referred to page 53, Section 21, Broadcasting and Recording, and said it seems like that was
included in the event that someone might want to broadcast something for money but if someone was coming to give a
speech and it was taped, this makes it look like they wouldn't be able to put in on U-Tube or use it even if it was a
wedding or home movie kind of thing. She asked if that might be something to look at because it would appear that
without permission by the Center's Supervisor that could be a problem and it also gives the Center the right to charge
for that. She questioned whether she was missing what the intent of that Section was.
Mr. Mayer responded that to his knowledge the Center has never actually used that policy and he thinks it was in there
from the very beginning. He said he thinks it is in there so that if they have somebody who is doing a broadcast from
outside, which has never occurred, the Center will be made aware of it. He added that he can't think of a circumstance
where the Center might turn down the request but it does at least require them to informed the Center and seek
approval.
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Councilmember Dickey asked whether the language could be changed to make it more narrower because it looks like,
for example, when the Governor was here and broadcasts were put on U-Tube, they would not have been able to do
that if permission had not first been granted.
Mr. Mayer replied that he is not sure how they would write language that would narrow it down to every point and
stated that he thinks it was purposely intended to be broad so that it requires t hem to come to the Center's Supervisor
and ask for permission.
Councilmember Dickey requested that Town Attorney Andrew McGuire review Section 21 relative to this issue and
noted that she fine with going ahead with this for now but it is something that she thinks could use a little work.
Mr. McGuire responded that he would be happy to take a look at it but added that Mr. Mayer's analysis of that Section
is pretty "spot on" and it is really talking about broadcasts originating and he doesn't think when t his was drafted that
anyone would have anticipated that with a simple Smart Phone someone could upload to U-Tube while sitting there
watching in the audience. He added that he is not sure that they would even want to tread into that territory and this
was more about setting up a broadcast facility from the lobby of the Community Center and broadcasting a radio show
or something like that. He said they could certainly look at it but he doesn't know that they are going to be able to find
any magic to put in there that would exempt that out.
Councilmember Dickey advised that she would like to find out if there is a way to make it narrower and Mr. McGuire
said that he would look into it and discuss it at a later time.
Councilmember Elkie referred to Section 15, which deals with the Consumption of Alcoholic Beverages and said it is
his understanding that if it is a private event such as a wedding and reception (not a non -profit) that they need to
contract for licensed bartender services subject to Community Center approval.
Mr. Mayer replied that Councilmember Elkie's understanding is correct and noted that typically that is done through
the licensed caterer and they typically would have an alcohol permit. Mr. Mayer also confirmed that at those types of
events (wedding receptions for example) cash bars are not allowed.
Councilmember Elkie asked for the rationale behind prohibiting cash bars at events wedding receptions but allowing
non-profits to operate cash bars.
Mr. Mayer responded that he believes that is in the Code -- the State’s requirements for liquor and he does not think
that that is something that the Town came up with.
Mr. McGuire advised that a few years ago staff went back and looked at the liquor policies for the Community Center
and tried to line them up as much as possible with State law and this is one of those odd little nuances but this is the
best they could do in an effort to be in line with that law.
Councilmember Elkie referred to Safety & Security Personnel in Section 16, Subsection D, and noted that security is
required for any event where alcohol is going to be served (private and non-profits).
Mr. Mayer concurred with Councilmember Elkie's statement.
Councilmember Elkie further stated that the Security Personnel that the Town requires is the Sheriff's Office and again
Mr. Mayer agreed with that statement. Councilmember Elkie asked if there was any kind of provision for the event
holders to use any other type of security if they wanted to and Mr. Mayer said that they have attempted that in the past
but the difficulty they have is that they don't have the same enforcement capability as law officers and that is why they
have typically used someone from the local Sheriff's Department. He reported that the fee is $40.00 per hour.
Councilmember Dickey stated that she doesn't see in this where political activities are specifically addressed and asked
if people are allowed to collect signatures or have political signs relating to upcoming elections. She said there are
rules for people who are leasing space in the Center but wants to know how that overlaps with the public part.
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Mr. McGuire advised that the Town has always treated municipally-owned facilities as off limits for collecting
signatures just because they cannot ensure neutrality. He added that with respect to campaign signs and literature, that
is the same rule and that is also boot strapped onto the Title 9 prohibition against municipalities using any of their
resources to promote a ballot measure or a person on a ballot. He noted that they don't want to get in the middle of any
of that so they have been pretty clear in their direction that this is "no man's land" when it comes to that. He said they
haven't been perfect as far as enforcement but he thinks the organizations in Town are pretty good about obeying the
rules. He confirmed that he is talking about inside the facility and reported that outside is "fair game" and those are
traditional public forum locations.
Councilmember Elkie said if a group has rented space at the Center privately for an event, they can do that type of
stuff inside as long as they do not infringe on people outside of the rented space.
Mr. McGuire stated that that has been the nuance that they have pretty much rolled with because there's no way to tell
an organization, "Congratulations, you just rented space in our building and now you cannot do what you intended to
do." He pointed out that political organizations rent space and the Town just asks them to contain their activities to the
space they are renting and not use the building generally and for the most part it has worked out fairly well.
Mayor Kavanagh referred to the Kitchen Policy and said that she knows in the past that some caterers have come in
and brought grills and cooked on them outside and she didn't see anything in the Policy about that so she wanted to
know if that was allowed.
Mr. Mayer responded that it is allowed but it has to be done and served by the licensed caterer -- it cannot be cooked or
served by someone who does not have the required permits.
Councilmember Yates MOVED to accept the consideration of Resolution 2014-04, adopting the Community Center's
Operational Policies with the recommended change to Section 3 and Councilmember Elkie SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 - SEMI-ANNUAL REPORT ON THE PROGRESS OF IMPLEMENTING THE
COUNCIL'S STRATEGIC PLAN GOALS AND OPERATIONAL PRIORITIES FOR FY2013-14.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said he would be happy to
answer any questions that the Council might have regarding the Semi -Annual Progress Report. (A complete copy of
the report is available on line and in the office of the Town Clerk.)
There were no questions regarding this agenda item and no action was required.
AGENDA ITEM #8 - DISCUSSION AND CONSIDERATION OF THE COUNCIL'S STRATEGIC
PLANNING GOALS AND OPERATIONAL PRIORITIES FOR FY 2014-15 AND SPECIFIC INITIATIVES
RECOMMENDED BY THE STRATEGIC PLANNING ADVISORY COMMISSION.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that this issue was discussed
at a Council Retreat last week and it was decided that it needed to come to a public business meeting for further
discussion of staff's recommendations as well as the recommendations by the Strategic Planning Advisory
Commission (SPAC) for modifications to the Strategic Planning Goals for the upcoming year.
Mr. Buchanan noted that as part of the Strategic Planning Process, the SPAC is called upon to make Strategic Planning
Goal recommendations to the Council for the upcoming year. He said that the SPAC met on December 17, 2013 to
consider its recommendations to the Council and those recommendations are incorporated into the chart contained in
the Council's packets entitled Consideration of Strategic Planning Goals for FT2014-15, which shows (1) All
Strategic Directions in Strategic Plan 2010; (2) Council's Strategic Planning Goals for FT2013-14; (3) The SPAC's
Strategic Planning Goal recommendations for FY2014-15; and (4) Specific initiatives suggested by the SPAC to
accomplish the recommended goals. (Copy of this presentation available on line and in the office of the Town Clerk.)
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He stated that it is staff's recommendation that the Council approve the SPAC's recommendations for the FY2014 -15
Strategic Planning Goals and also approve initiatives recommended by the SPAC to accomplish Strategic Directions
C3, CR6, and I2. He added that staff also recommends that the Council approve the Town Manager's
recommendations for Operational Priorities for FY2014-15.
Mayor Kavanagh thanked Mr. Buchanan for his presentation.
Councilmember Dickey suggested that they invite Mr. Alan Magazine, Chairman of the SPAC, to come forward and
present any comments he might have regarding this agenda item.
Mr. Magazine addressed the Council and stated that he had not intended to speak but would be happy to answer any
questions the Council might have.
Councilmember Dickey stated that she would like to know how they managed to narrow it down and hear something
about the survey because they talked about that at the Retreat. She added that she would like to know the status of
that.
Mr. Magazine advised that the Commission discussed specifically the three items mentioned previously by Mr.
Buchanan and said there was quite a bit of discussion about the idea of doing a citizens ' survey (CR6) and it has been
amended from the past to indicate that they would look for other ways to get citizen input, other than through a formal
survey. He noted that there was some concern regarding the cost of doing a Town -wide survey although they would
really like to see one done because he doesn't know of a better way to get a handle on people's attitudes and
preferences but again, the cost was a consideration. He further stated that with regard to C3, again continuing to get
citizen and stakeholder input particularly given some of the changes going on with the Chamber and other
organizations so an on-going program of communication and being in touch with the stakeholders and actually
soliciting ideas and feedback is something the Commission felt would be very important.
Councilmember Leger thanked Mr. Magazine for all the work he carries out as Chairman and said that the group does
a wonderful job as indicated by the product that they provide the Council year after year.
Mayor Kavanagh thanked Mr. Magazine for his on-going hard work and input this evening.
Councilmember Leger stated that part of the items that they are looking to approve tonight is the Strategic Planning
Goals as well as the recommended Operational Priorities. He referred to the chart that was provided to the Council,
specifically Page 105. He said he would like the Town Manager to flush these out a little because it is his
understanding that the Operational Priorities have been derived from the Council's Retreat and they didn't vote during
the Retreat and sometimes there was consensus and sometimes there was not. He added that he was looking at these
"buckets" and he thinks it would be helpful for the general public as well as himself to have some clarification of what
some of the perimeters are in each of those particular areas.
Councilmember Leger addressed Mr. Buchanan and said under the Pavement Management Program it is his
understanding that they are looking at a two prong approach -- the first is to implement the maintenance program,
which they have done this year and will continue to do and the second piece is that staff is going to develop an asphalt
replacement plan and a financial model for future asphalt replacement. He advised that he just wants to make sure that
both of those elements are the intention.
Mr. Buchanan responded that Councilmember Leger is correct on both counts -- he said there is a focusing effort on
the second part and staff really focused on the first part, which was maintenance and that has been accomplished. He
added that now staff will start looking at the second part of that, the asphalt replacement , and that is in keeping with
the 2009 Stantec Report. He said that staff will be bringing back some considerations for a plan in the future -- to
address future considerations because they are not going to be able to do it now with their current revenue s ources and
that is something that staff discussed with the Council. He advised that they could look at some possibilities with
some existing revenue sources in the future when they become available. He confirmed that staff will come back to
the Council with a financial model for the future with a plan attached to that, very similar to what staff did with
pavement management on the maintenance piece.
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In response to a request from the Mayor, Councilmember Leger listed the five Operational Priorities that he is referring
to as follows:
* Pavement Management
* Economic Development Plan
* Fountain Lake IGA
* Public Safety/Fire Station #2
* Facility Reserve Fund
Councilmember Leger referred to the Economic Development Plan and said further clarification is needed regarding
what staff will be focusing on. He noted that they are looking at implementing the Business Attraction strategy and
they have brought in an Economic Development person for that purpose and the Tourism strategy will be
implemented, beginning internally. He said the third component of the Economic Development Plan is
Implementation of a Downtown strategy and he asked Mr. Buchanan if he could briefly explain what staff might be
looking at in that particular area.
Mr. Buchanan stated that they have done many, many plans in the past regarding the Downtown area but they haven't
gotten serious about an implementation plan. He added that they have to keep the end in mind -- what do they want
their Downtown to be and then they can start working back. He noted that in the future staff would like to bring some
discussion back to a Work Session to start talking about implementation plans and priorities -- what they think should
be done with that Specific Area Plan that was adopted within the Town's General Plan Update -- and start talking about
those parameters and the implementation plans, goals and projects so that staff can chart them out.
In response to a question from Councilmember Leger, Mr. Buchanan said that the Swaback Plan is the Specific Area
Plan adopted by the voters and will be part of all of that.
Mr. Buchanan discussed the Fountain Lake IGA and said that is an on-going discussion regarding a partnership with
the Sanitary District for the water quality in Fountain Lake. He also reported on Public Safety/Fire Station #2 and
stated that this is the result of an on-going directive from the Council to come back, answer seven questions and look at
two alternatives for Fire Station #2 to be relocated either on the Shea site or the Fountain Hills Muskrat site. He said
that staff has been working on this practically on a daily basis. He reported that staff has received some appraisals and
the land they are trading is land the Town owns in Eagles Nest so they need to do a land trade on that a nd there was
considerable discussion on that at the Council meeting as well as the Retreat. He added that that is going to be
required to be part of the settlement agreement amendments and they also need to bring down the cost and refine the
costs on both sides in addition to answering the seven questions posed by the Council regarding more and better
information on which to base a better decision.
Councilmember Elkie referred to the discussion about the land swap and asked whether he heard correctly that that is
required to be part of the settlement discussions -- part of that settlement -- because they had a discussion about
parceling that out during the Retreat and not making that part of the whole.
Town Attorney Andrew McGuire advised that they haven't been able to extract the two because the timeline for
moving forward with the whole settlement agreement amendment is pretty aggressive and so at this point they are still
linked at the hip and staff understands from the Council Retreat that there is a s trong desire to make sure that that
doesn't become some kind of a bargaining chip against the Town and staff will be on guard regarding that. He added
that to date staff has not had any success at unlinking the two and staff is trying to get through the b ulk of the
agreement. He stated that right now this issue is agendized for the first meeting in March (as part of the whole).
Councilmember Leger continued on with the Operational Priorities and requested that Mr. Buchanan speak to the
Facility Reserve Fund. He also stated that as far as the Public Safety/Fire Station #2 item, he understands that staff is
working on it and his intent was not to ask for it tomorrow but he has been contacted by a number of very anxious
residents who live in that area and they just want to find out information about the process and timeline. He asked
what the intent is regarding the Facility Reserve Fund for this fiscal year and what will staff be working on and striving
to accomplish as far as this item.
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Mr. Buchanan replied that there was some discussion regarding the Town's facilities and some are starting to age and
require some maintenance activities. He noted that roofs, air conditioners, flooring, etc., have life spans so they need
to start talking about a plan and an approach to this issue. He said that a plan was done several years ago and they
talked about basically dusting that one off, doing a staff review of it and then bringing it back to the Council for further
discussion and Council consideration.
Councilmember Leger thanked Mr. Buchanan for his comments.
There were no citizens wishing to speak on this agenda item.
Councilmember Elkie MOVED to establish the following as Council's FY14-15 Strategic Planning Goals and
Operational Priorities (i.e. the five Operational Priorities that we went through with Councilmember Leger: Pavement
Management Program, Economic Development Plan, Fountain Lake IGA, Public Safety/Fire Station #2 and Facility
Reserve Fund) and direct staff to pursue the initiatives recommended by the Strategic Planning Advisory Commission
(SPAC) with respect to Strategic Directions C3, CR6 and I2 and Councilmember Leger SECONDED the motion,
which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF TO REVISE THE RULES
OF PROCEDURE TO INCLUDE A RECURRING ITEM THAT ALLOWS THE MAYOR AND COUNCIL
TO REPORT ON RECENT ACTIVITIES AND CURRENT EVENTS. (THIS ITEM WAS ADDED AT THE
REQUEST OF COUNCILMEMBERS DICKEY, ELKIE AND LEGER.)
Councilmember Dickey thanked Councilmembers Elkie and Leger for assisting her with this agenda item. She advised
that over the last eight years more or less that she has been on the Council, there has been news to report or an event,
etc., things that are of interest but that never quite fit into a particular agenda item. She said there is specifically and
narrowly provided by the law the opportunity to let each other know about activities, current events, those kinds of
things and there is a pretty easy way to do it (other cities and towns currently do this). She stated that she used the
other cities as a model and her recommendation would be that they change the existing agenda item that is before the
adjournment with a motion that she has come prepared to make with the understanding that they, as part of the Mayor's
Report at the beginning of the meeting, would discontinue this specific notation of the Review of Recent Events
attended relating to Economic Development. She added that she doesn't think they would need a moti on to do that
because she doesn't believe that is actually in their Rules of Procedure as stated (they could check that, it is on Page
10). She advised that in addition to that, the Economic Development Report would be more than accounted for by the
inclusion of this language at the end because it would allow for a report but it would not limit it to the subject of
Economic Development events attended. She added that in her motion she would make note of the fact that the
Council cannot make any decisions or discuss those items (they can only report on them).
Mayor Kavanagh said that Councilmember Dickey is part of a formal, established committee and asked where she
figured her reports would fall -- under this? -- because when Councilmember Dickey discussed this with her they
talked about things other than established committees -- like meetings that the different Councilmembers attended.
She suggested that they get some advice from Town Attorney Andrew McGuire, particularly about items that are not
agendized.
Mr. McGuire noted that the proposal that is in front of the Council addresses that and treats it pretty much as a "Call to
the Public" -- the items would be put out there as an update but they would not be discussed because they would not be
fully agendized so there is no way for people to know what the discussion is going to be. He advised that it puts a
narrow focus on how it is done and what people can say and it just requires constant vigilance to make sure that they
stay within the lines because the natural inclination is to want to discuss them when they come up.
Mayor Kavanagh commented that examples from some of the other cities and towns, provided to the entire Council,
are a little bit different because each one of the Council people in some of these towns sit on the various Commissions,
like Planning & Zoning, etc., and they use that time to report on Commissions. She said then there is Scottsdale that
uses that time for discussion on whether there is an agreement on putting something on the agenda so again, some are
quite different from what is currently being discussed. She stated that she is not sure which example is the model.
Councilmember Dickey said that Payson is the model and it looks the closest to what she is actually talking about but
the actual statute is pretty close to that too (like Current Events). Councilmember Dickey added that if someone
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speaks at Kiwanis or something and someone in the audience asks a question or has a con cern or compliment, it
provides an opportunity for them to say "someone is worried about this," etc. She added that they can't talk about it
but at least they can put it out there because they are so limited in the ways they can communicate with each othe r.
She said that they would be self limiting.
Mayor Kavanagh asked Mr. McGuire how that would work as far as the Council -- they couldn't talk to each other
about something that someone brought up?
Mr. McGuire replied that it would be treated much like any other item that comes up during the Call to the Public -- it
would be one way communication, just here's the message and no discussion. He added that if further discussion is
necessary they would have to put it on a future agenda and specifically note the topic of discussion.
The Mayor asked if these items would have to be submitted in advance and Mr. McGuire stated that his experience
with other cities and towns indicated that this is spur of the moment reporting.
Mayor Kavanagh said that her preference as far as the report she gives at the beginning of the meeting is to continue to
do that. She stated that she would also like to continue Councilmember Dickey's committee reports in the beginni ng
and anyone else who comes on an established committee she would like those also to be in the beginning as far as the
presentations because it seems that what they talk about at the end would be things like ribbon cutting events -- things
a little less related to what they have been doing on the committees.
Councilmember Dickey noted that those reports would still be limited even if they were at the beginning of the
meetings so basically when the Mayor gives her report, the Council cannot ask her a lot of questions. She said that
Councilmember Brown is on the Maricopa County Air Quality Committee and if something happened that he, or she
or the Mayor wanted to provide input on, then those items would have to be agendized. She added that if they look at
the B part on Page 10 of the Towns Rules of Procedure regarding the Mayor's Report, it really says, "Mayor may use
"Mayor's Report" to read Proclamations or conduct other ceremonial matters as listed on the posted Agenda." She said
she doesn't know if that precludes discussion or if they would have to add something in there if they were going to
include something else in that section of the agenda. She added that she is open to whatever but she just wants to make
sure that it's consistent.
The Mayor stated that she always thought that her report was not open to discussion.
Mr. McGuire advised that the Council's Rules of Procedure Section 5.2 doesn't really accommodate the way the
agenda is being used right now -- it is different from what was adopted in those Rules so he really doesn't have an
interpretation for the Council on the different part. He added that all he knows is that they treat those the same way --
discussion is prohibited because it is not agendized.
Vice Mayor Hansen asked whether they needed to make another amendment to the Rules if they are operating other
than in the manner that the Rules call for.
Mr. McGuire responded that that would be up to the Council but he believes that the intent was to open this up a little
more to be inclusive of the other Councilmembers as is being done in other towns.
Mayor Kavanagh stated that she thinks it is a good idea and she has always asked at the end of the meetings, "Does
anyone else have anything to say?" but she guesses they have to make it official -- but anyone can say anything they
want at the end. She reiterated that she would still like to do her report at the beginning of the meeting and then she
would like to see the committee reports at the beginning as well. She said if Councilmember Brown would like to
provide reports on his committee the way Councilmember Dickey does she would like to see that happen (as well as
anyone else who gets on an official committee).
Councilmember Elkie commented on the number of activities that occur and stated that during the Mayor's Report
Mayor Kavanagh updates everyone on things she has done such as traveling to China, etc. He expressed the opinion
that this would be a good tool for fellow Councilmembers to provide updates and discuss things of interest that will be
going on in the community, as the desire arises. He stressed the importance of making sure that they are in compliance
with all the Rules. He said that if the Rules do not allow for this, then they do need to adjust the Rules to ensure that
they are in strict compliance.
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Mayor Kavanagh reiterated that she thinks it is a great idea and asked if anyone felt differently. There being no
comments, Councilmember Dickey stated that she could make a motion and change that part of it anyway (Mayor's
Report, etc. at beginning of meeting).
Councilmember Dickey MOVED to change the current language from the Fountain Hills Town Council Rules of
Procedure, Section 5.2H to read: Summary of Council requests and Report on Recent Activities by the Mayor,
Individual Councilmembers and the Town Manager. At the conclusion of the Council Discussion/Direction to the
Town Manager, the Town Manager shall review with the Council all matters raised at that meeting requiring follow-up
from the Town Manager or Town staff. The Town Manager may also suggest timelines for such follow-up. The
Mayor, Individual Councilmembers and the Town Manager may present a brief summary on current events and/or
activities. The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during this
summary. Councilmember Elkie SECONDED the motion.
Mayor Kavanagh said just to clarify, if they adopt it as it is, can they still let the first section where committees such as
Domestic Violence, Councilmember Dickey and Councilmember Brown's reports and her report remain at the
beginning or do they have to also clarify that right now?
Vice Mayor Hansen stated that if that stays at the beginning, what are the time parameters if somebody wants to get
something on there? She added that the ones at the end could just be things that happened yesterday but for a
committee report, how far in advance does that have to be submitted?
In response to a question from the Mayor, Town Clerk Bev Bender said anywhere between 7 to 9 days the
Councilmembers should provide her with information on the items they want to be agendized (9 days).
The Vice Mayor commented that that seems kind of cumbersome.
Councilmember Yates stated that it seems that the goal here is to give anyone an opportunity to say that such and such
is going on so why would they need a formal submission if you look at me for example and say, "You are on the such
and such committee, do you have any updates?" and I would say yes or no and then just make a FYI, 4th of July, etc.
comment.
Mayor Kavanagh responded that they could but she just thought that the committees were important enough to be
placed at the beginning of the agenda. She added that she didn't know that Councilmember Brown was on a committee
because otherwise she would have asked him for a report as well.
Councilmember Dickey stated the opinion that this would not preclude that.
Mr. McGuire informed the Council that if they have an item for which there has been an agenda submittal and they
have a report on it, then it is open for full discussion and it's listed on the agenda so the public can tell what is going t o
be discussed. He pointed out that this is more for the th ings that by their nature are not going to be in that position --
they are either something that a Councilmember doesn't feel he or she needs to have a full staff report done on or it's
something that is untimely and would never have met the deadline.
The Mayor said that when Councilmember Dickey gives her report on Domestic Violence that allows discussion to
take place because it is agendized and Mr. McGuire concurred.
Councilmember Elkie stated that from a timing standpoint, if the Domestic Violence meet ing was yesterday and she
wanted to give an update today, that would not be allowed but if they wanted a formal agendized item to discuss it
among the Councilmembers that would be okay and placed at the beginning of the agenda.
Mr. McGuire concurred and said it was the Mayor's suggestion that that type of item would also be at the beginning of
the agenda if it was available.
Mayor Kavanagh noted that they know when the meetings are coming so they can figure out timeframes and set it up
after every meeting to give the next report. She added that Councilmember Dickey's committee is so important it
should be agendized.
The motion CARRIED UNANIMOUSLY (7-0).
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AGENDA ITEM #10 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE LEAGUE OR ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE
BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
Town Manager Ken Buchanan said that staff has nothing to report on at this time and asked if the Council had any
comments to make regarding items that need to be brought forward.
There were no comments at this time.
AGENDA ITEM #11 - 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 #12 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #13 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:32 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 Executive and Regular
Sessions held by the Town Council of Fountain Hills in the Fountain Conference Room - 2nd Floor (Executive) and
Town Hall Council Chambers (Regular) on the 16th day of January, 2014. I further certify that the meetings were duly
called and that quorums were present.
DATED this 6th day of February, 2014.
_____________________________
Bevelyn J. Bender, Town Clerk