Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout2014.0306.TCREM.Minutesz:\council packets\2014\r140320\140306m.docx Page 1 of 9
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 6, 2014
EXECUTIVE SESSION
* CALL TO ORDER
Mayor Kavanagh called the Executive Session to order at 5:00 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)(1), DISCUSSION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT,
PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC
OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY (SPECIFICALLY, (i) AN INTERVIEW
FOR THE PRESIDING JUDGE POSITION AND (ii) THE TOWN MANAGER'S ANNUAL REVIEW) AND,
PURSUANT TO A.R.S. 38-431.03(A)3: DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH
THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY, (iii) LEGAL ADVICE
RELATING TO SPECIAL EVENTS).
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 (entered
the meeting @ 7:25 P.M.), Town Attorney Andrew McGuire, Court Administrator Keith Kaplan (left the meeting at
5:21 p.m.), and Town Clerk Bevelyn J. Bender (entered the meeting @ 7:55 p.m.) were also present as indicated.
Councilmember Yates MOVED to enter into the Executive Session at 5:00 p.m. and Councilmember Elkie
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
The Executive Session was recessed at 6:27 p.m. and reconvened at 7:25 p.m.
AGENDA ITEM #2 - ADJOURNMENT.
Mayor Kavanagh adjourned the Executive Session at 8:13 p.m. without objection; Councilmember Yates MOVED to
adjourn the Regular Session at 8:13 p.m. and Vice Mayor Hansen SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
REGULAR AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:34 p.m. in the Town Hall Council Chambers
* INVOCATION – Pastor David Felten, The Fountains, A United Methodist Church
* 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 Hansen, Councilmember
Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town
Clerk Bevelyn Bender were also present.
* MAYOR’S REPORT
None.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
z:\council packets\2014\r140320\140306m.docx Page 2 of 9
i) The Mayor may review recent events attended relating to Economic Development.
Mayor Kavanagh reported on the Maricopa Association of Governments (MAG) meeting that she attended this month
and said that the highlight of the agenda was a presentation by their Human Services Manager and Connect60plus, that
deals with transportation for seniors and those who are disabled. She noted that their focus was on the west side
because of the heavy senior population in Sun City and Youngtown but advised that she spoke at the meeting about the
situation in Fountain Hills and their needs for transportation for their seniors. She stated that sometimes they think of
the East Valley in terms of Scottsdale, where they have great transportation options and lump the Town together with
them. She added that she constantly reminds them that Fountain Hills has no connectivity to the Scottsdale or Mesa
systems. She said that fortunately, the presenting group offered to help the Town and she and Town staff are now in
contact with them.
ii) Recognition of Fountain Hills' resident, Peter Volny, for his efforts in coordinating the inaugural Concours
in the Hills on February 15, 2014.
Mayor Kavanagh stated that in November of 2012, Fountain Hills resident Peter Volney contacted her about the
possibility of holding their car show in Fountain Park. She explained that his idea was twofold -- not only to showcase
some really nice cars but also to showcase Fountain Hills to the Valley. She said that after a few delays, Mr. Volney
enlisted some fellow car enthusiasts and got the ball rolling last summer. She noted that to help bring attention to the
event, Mr. Volney expanded it to be a fundraiser for the Boys & Girls Club of Greater Scottsdale, which includes the
Town's local McKee branch. The Mayor advised that on February 15th of this year, after a lot of hard work by
everyone involved, his idea came to fruition with the inaugural Concours in the Hills held on the turf at Fountain Park.
She reported that approximately 210 cars ranging from ultra high-performance cars to classic muscle cars took part in
the event. She stated that the event was a huge success with hundreds of people in attendance. She added that in
addition to the event at the park, nearby businesses and restaurants operated at capacity for most of the day. She said
that thanks to everyone involved, almost $25,000 was raised for the Boys & Girls Club of Greater Scottsdale. She
further stated that in the week following the event, many car owners and sponsors enthusiastically committed to return
for the next event in February 2015.
The Mayor advised that on behalf of the Town of Fountain Hills she would like to recognize Peter Volney for his
efforts to bring this new event to Town. The Mayor, Council, and members of the audience gave Mr. Volney a round
of applause.
iii) Recognition of Planning and Zoning Commissioner Richard A.G. Turner, AICP, for his services to the
Town of Fountain Hills.
Mayor Kavanagh stated that Mr. Turner was not present this evening but that she wanted to recognize him for his years
of service on the Planning and Zoning Commission from 2010 to 2014. She commented that he was a valuable
member of the Commission, who brought his knowledge as a previously employed Town of Fountain Hills' Director of
the Planning & Zoning Department. She said that he was a very capable decision maker at every Commission meeting
and thanked him for his hard work and service to the community. The Mayor, Council, and members of the audience
gave Mr. Turner a round of applause.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM FEBRUARY 20, 2014.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING AN AMENDMENT TO THE LIQUOR LICENSE
APPLICATION SUBMITTED BY JAMES LOUIS PANTE, OWNER/AGENT OF MOJO'S GOURMET
z:\council packets\2014\r140320\140306m.docx Page 3 of 9
PIZZA AND SALAD BAR LLC, LOCATED AT 16726 E. EL PUEBLO BOULEVARD, SUITE B, FOUNTAIN
HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT).
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY ROBERT SCHMITZ, REPRESENTING THE AMERICAN LEGION
POST 58, FOR THE PURPOSE OF A FUNDRAISER. THE EVENT IS SCHEDULED FOR MONDAY,
MARCH 17, 2014, FROM 10:00 A.M. - 10:00 P.M., AT THE AMERICAN LEGION IN CONJUNCTION
WITH ST. PATRICK'S DAY.
AGENDA ITEM #4 - CONSIDERATION FOR APPROVAL OF RESOLUTION 2014-15, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN HILLSIDE
PROTECTION EASEMENT, LOCATED AT PORTIONS OF THE SOUTHEASTERLY AND
SOUTHWESTERLY PROPERTY LINES OF PLAT 423, BLOCK 3, LOT 19 (16230 OCOTILLO DRIVE) AS
RECORDED IN MCR 2004-0406017, MARICOPA COUNTY, ARIZONA EA14-02 (HANNAH).
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 APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY VAL STASIK, REPRESENTING THE FOUNTAIN HILLS' THEATER,
FOR THE PURPOSE OF A FUNDRAISER. THE BROADWAY IN THE HILLS EVENT IS SCHEDULED
FOR SATURDAY, MARCH 29, 2014, FROM 5:00-11:00 P.M., AT THE COMMUNITY CENTER.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that it is staff's
recommendation that the Council approve the application for the Fountain Hills' Theater for a fundraiser to be held
March 29th from 5:00 to 11:00 p.m. at the Community Center.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Hansen MOVED to approve the application as recommended by staff and Councilmember Brown
SECONDED the motion.
Councilmember Dickey advised that she would abstain from the vote due to a possible conflict of interest.
The motion CARRIED UNANIMOUSLY by those voting (6-0).
AGENDA ITEM #6 - CONSIDERATION OF ACCEPTING THREE DONATED SCULPTURES TITLED,
"FRED & GINGER," "TIN MAN," AND "MAN IN THE MOON" AS REQUESTED BY THE FOUNTAIN
HILLS' PUBLIC ART COMMITTEE.
Community Services Director Mark Mayer addressed the Council relat ive to this agenda item and highlighted the
contents of a Staff Report on this issue (Copy is available on line and in the office of the Town Clerk). He advised that
the Public Art Committee is requesting Town acceptance of three art pieces -- one is a bronze sculpture titled, "Fred
z:\council packets\2014\r140320\140306m.docx Page 4 of 9
and Ginger," which depicts the famous couple Fred Astaire and Ginger Rogers dancing. He noted that placement is
planned for Fountain Park and reported that the piece is being donated by local residents Betty and Walter Martin and
is valued at $36,000. He stated that the second piece titled, "Tin Man," is valued at $6,500 and is being donated by
Jerry and Jackie Miles and will be placed in the Centennial Circle. He added that the third piece titled, "Man in the
Moon," which has a value of $5,900, would be on loan for up to a year for a fund raising campaign to take place and
will also be placed in the Centennial Circle. He said that Mayor Miles was present this evening and wished to address
the Council
Mayor Miles advised that the Town's Public Art Committee started putting this collection together in 2001 and it has
grown to about 130 pieces. He said that the Committee does not believe that it will take a year to raise the money to
purchase "Man in the Moon" and added that tomorrow they would mail out invitations to a fundraiser and he hopes
that the Council and Town Manager Ken Buchanan will be able to attend. He thanked the Council for their on -going
support and noted that they have about 35 pieces of art in their "wish book" and every time someone steps up to the
plate and says that they want to be a part of the collection.
Mayor Kavanagh thanked former Mayor Miles for his comments and for his latest donation to the collection (he and
Mrs. Miles have donated several pieces of art). She said that they have an outstanding collection of art in Town and it
all started because of Mr. Miles' efforts. She asked if Mr. & Mrs. Martin were present and they were not, but she
expressed her appreciation to them as well.
Councilmember Leger addressed Mr. Miles and said in looking at the "Tin Man" piece, he knows how Mr. Miles
thinks in terms of art and asked if this is going to be the start of a whole Wizard of Oz collection. Mr. Miles replied
that his wife is going to have to find the rest of the pieces.
Councilmember Elkie thanked for Mayor Miles and his wife Jackie for their contributions and also expressed
appreciation to Betty and Walter Martin for their generous gift to the Town. He asked what the placement proc ess was
going to be and how placement sites are selected.
Mr. Mayer informed the Council that staff and the Public Art Committee look at a number of factors including the
overall maps that they have in place. He added that they have realized over the years that it really depends on the piece
itself and provided a couple examples of art placements in the past.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to accept the donated art sculptures titled, "Fred and Ginger," for placement in
Fountain Park and "Tin Man" and "Man in the Moon" for placement in the Centennial Circle and Councilmember
Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 - CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT C2014-141 WITH
KIMLEY-HORN AND ASSOCIATES, INC. FOR THE SAGUARO BOULEVARD RECONSTRUCTION
PROJECT IN THE AMOUNT OF $426,659.00.
Development Services Director Paul Mood addressed the Council relative to this agenda item, provided a brief history
on this voter approved project and highlighted a presentation that included information on the RFQ (Request for
Qualifications) process (Staff report available on line and in the office of the Town Clerk). He reported that a total of
ten engineering firms submitted Statements of Qualifications and based on the scoring criteria the selection committee
chose Kimley-Horn and Associates, Inc., as the top ranked firm. He added that staff then entered into contract
negotiations based upon the scope of services identified in the RFQ.
Mr. Mood informed the Council that the final fee negotiated includes engineering services during both the design and
construction phases for the reconstruction of Saguaro Boulevard, as well as the traffic signal replacement at the
intersection of Saguaro Boulevard and Palisades. He reported that the fee is approximately 6% of the estimated
construction cost of the project and is in line with industry standards. He further stated that staff negotiated a 10%
reduction in the original fee proposal after working with Kimley-Horn on the final scope of work, bill rates and man
hours needed to complete the design. He added that they are ready to begin surveying on Monday and said that staff
z:\council packets\2014\r140320\140306m.docx Page 5 of 9
does recommend approval of the Professional Services Agreement with Kiml ey-Horn in the amount of $426,659. He
indicated his willingness to respond to any questions from the Council.
Councilmember Brown commented that he sees that the company will be 100% done with the construction documents
on August 28, 2014 and asked how quickly Mr. Mood will put this out on the street to bid.
Mr. Mood replied that barring any issues with any utility companies, that is the schedule. He added that now they have
to follow the public bid process and they usually give the companies at least four to six weeks to put together a bid and
get it in. He said that then there are all the in-house processes that have to take place before bringing something before
the Council for their consideration. He stated that it is typically a minimum of a two-month process to bid a project
and bring it before the Council.
Councilmember Brown advised that that puts them at late October/November for possibly awarding the project to
someone and asked how many working days it will take to actually have a working contract in place.
Mr. Mood advised that the Town's standard contracts say a maximum of 45 days but it is typically done in two to three
weeks (have to obtain all the necessary permits). He said on a project this large they are probably looking at three to
four weeks after Council approval for the work to actually begin (shortly after January 1st of 2015 they will probably
see activity on Saguaro).
Councilmember Brown asked Mr. Mood if he thought the gasoline spill cleanup will delay this process and Mr. M ood
responded no, they actually have it built in that they are going to be out there surveying and using 3D scanning
technology mounted on a suburban and they have plans to come back after the road is put back from the spill (the bike
lane). He said he hoped that the spill will be cleaned up by January 1st of 2015 and they are going to start working on
the bike lane tomorrow.
Councilmember Yates commented that Kimley-Horn is an excellent firm and asked in the overall scope where are they
as far as the budget and where their bid came in.
Mr. Mood reported that the negotiated price for the Professional Services Agreement is within the budget for the
design (approximately 5 to 6% of the overall construction costs, which is per industry standards). He added that the
overall project cost is approximately $8.6 million (construction is estimated at seven and a quarter million dollars).
Town Manager Ken Buchanan stated that staff said $8.6 million and that included a $400,000 CIP project to change
out the signal at Palisades and Saguaro -- it was $8.2 million and they added $400,000.
Councilmember Elkie referred to Councilmember Brown's questions regarding delays due to cleaning up the gasoline
spill and asked whether there are any concerns about possible hazards resulting in delays once the asphalt is broken up
(gas fumes, etc.).
Mr. Mood replied that as of right now, all of the confirmations and samplings have shown all of the cleanup work as
being complete and they really do not have any more contamination. He added that United Petroleum Transports
(UPT) is entering into a voluntary program with ADEQ (Arizona Department of Environmental Quality) for the
cleanup and the Town Manager and Town Attorney have talked to them about insurance coverage in the event they do
find something. He noted that that would cover the Town financially but said if they do find something it would take
some extra time to remedy that. Mr. Mood advised that any costs associated with something like that happening will
be closely tracked so that the Town can pursue reimbursement for those fees.
Councilmember Elkie said that he appreciates the fact that staff was able to negotiate a 10% reduction an d added that it
would be wonderful if this project could come in under the estimated cost.
Mayor Kavanagh stated that as far as UPT entering into the program with ADEQ, she would like to know what would
happen if they find something ten years from now -- does the company still have to monitor and will they still be
responsible in the future.
z:\council packets\2014\r140320\140306m.docx Page 6 of 9
Town Attorney Andrew McGuire advised that the ADEQ voluntary compliance program is not necessarily a "get out
of jail free card" -- it is a best practices approach and it is voluntary for them to participate so staff is treating it like a
very good step in the right direction but not in any way waiving their obligation for future cleanup efforts if they are
necessary. He said they haven't yet negotiated the length of the tail, that still has to be determined and so staff does not
know how long that coverage will extend.
In response to a request from Councilmember Leger, Mr. Mood introduced two representatives from Kimley-Horn and
Associates to the members of the Council.
There were no citizens wishing to speak on this agenda item.
Councilmember Elkie MOVED to approve Professional Services Agreement C2014-141 with Kimley-Horn and
Associates, Inc., for the Saguaro Boulevard reconstruction project in the amount of $426,659.00 and Councilmember
Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - 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 indicated his willingness to respond to any questions from the Council regarding the
information provided to them (Information available on line and in the office of the Town Clerk).
Mayor Kavanagh reported that the HURF bill that they were all interested in has passed through the COW (Committee
of the Whole) and they are now working with the League to make sure that in the end that comes out in the Town's
favor.
Councilmember Leger referred to HB 2339, Guns in Public Buildings , and asked what the bill is asking the cities and
towns to do and where it is in the process.
Mr. McGuire replied that it appears that the bill is another attempt to require anyone who wants to exclude firearms
from a building like Town Hall to actually have armed security and metal detectors in order to enforce that. He added
that he can't say whether it is exactly like the prior bill but it sure looks like it.
Councilmember Leger stated that this sounds like a conversation they have had in the past -- how expensive something
like this would be for the Town and they did acknowledge the legislation and put lockers outside. He said it seems to
him to be a "back door approach" to put lockers outside and now they are going to have to spend money on secur ity so
he opposes this particular bill and MOVED for this body to oppose this bill.
Councilmember Dickey SECONDED the motion.
Councilmember Elkie commented that the Town contracts with MCSO (Maricopa County Sheriff's Office) and this
expense (security) would be part of the contract with them and added that he also thinks it would restrict access to
Town Hall because they would probably have to have two security officers, one at each entrance on each side, or they
would have to close one door down and require everyone to enter through one side. He agreed that it would be a costly
endeavor and indicated his opposition to the bill as well. He said that they as a Town should be able to handle
something like this and he doesn't believe they have had any issues arise. He noted that they have law enforcement in
the building that could respond if an emergency occurred.
In response to a question from the Mayor regarding the bill's status in the Legislature, Councilmember Dickey advised
that it is waiting to go to the Rules Committee.
Mr. McGuire stated that as of the last update available on-line it had not been heard in Rules -- it hadn't had any action
on it for a while this month and it may not remain in its current form but could show up somewhere else.
Councilmember Dickey said according to the information provided, the League opposes this as a matter of local
control and fiscal impact.
z:\council packets\2014\r140320\140306m.docx Page 7 of 9
The motion CARRIED UNANIMOUSLY (7-0).
Councilmember Leger referred to SB 1158 and reported that it has to do with fir eworks. He said that once again the
Council has had discussions on this issue. He requested an update as far as the status of this bill.
Mr. McGuire explained that under the current law they are allowed to permit the use of certain fireworks within the
municipality but they are not allowed to prohibit sales. He stated that the Town has chosen to prohibit the use of the
fireworks and this bill would take the route that many municipalities have taken -- there is an exemption to that
prohibition for about a 14-day period around the 4th of July and New Year's Day where these consumer fireworks
could be used in communities that have prohibited them during other times. He said it is a carve out to mimic what
some cities have done and force every city to do that same thing.
Councilmember Leger commented that he believes the Councilmembers here at one time unanimously voted to
develop an ordinance in such a way that fireworks could be sold but they couldn't be used based on a strong
recommendation at that time from Chief LaGreca and Randy Roberts who thought this was not very good from a
public safety standpoint. He added that again, this is a case of over -reach and they are basically saying that for two
weeks prior to the 4th of July and again prior to New Yea r's Day, they can do that and the Town has no control over
that. He pointed out that Chief LaGreca's major concern was during the summer months because of fire damage.
Councilmember Leger MOVED for the Council to oppose this bill based on the fact that it is about control and over-
reach, and the Town currently has an ordinance in place dealing with this issue and Councilmember Brown
SECONDED the motion.
In response to a question from Mayor Kavanagh, Mr. McGuire responded that the bill deals with consum er fireworks
and his understanding of that terminology is "things that do not shoot up in the air" so they can have small explosives,
ground displays, etc.
Mayor Kavanagh noted that a group has approached the Town and said they might want to do some fir eworks for the
4th of July if they could raise the money and asked whether this could occur in view of the ordinance that the Town
now has in place (would they be excluded from doing that or could they carve out an exception for a group to do this?).
Mr. McGuire advised that a commercially licensed fireworks provider is not covered by the ordinance, only the
consumer fireworks.
The motion CARRIED UNANIMOUSLY (7-0).
Councilmember Dickey said that the Mayor had asked about SB 2378 and the League stated that they were going to
have their people re-examine it (the fee bill that is so confusing). She added that the other bill is SB 1227, which says
that municipalities cannot change their energy efficiency codes, which they had already gone through and are looking
at them. She noted that it would freeze the way they have them now so the League is opposed to that also and it was
amended on the 3rd but she thinks that just has something to do with outdoor lighting or something so it still is
something that the League is opposed to (pre-empts local adoption of any new building code that prescribes energy
efficiency standards and freezes them indefinitely). She added that to her any new technology or something that
comes along -- good, bad or indifferent -- it will not allow any cities to adopt a new energy code so she certainly is not
in favor of that and the League is very opposed. She advised t hat this one seems to be moving. She asked if anyone
had any questions and said she was ready to propose a motion to oppose SB 1227. She commented that Mr. McGuire
might have more on this because they try it every year.
Mr. McGuire responded that he doesn't have much more on SB 1227 ot her than it is a complete pre-emption and is
drafted so broadly that he doesn't even think they would be able to have minimum insulation standards in homes -- it
doesn't just reach the energy efficiency codes, it's energy efficiency provisions in any other code and it is a reaction to
energy efficiency provisions that used to be only in the International Building Codes and then were pulled out into
their own code and that separate document was the target but the language is not very precise (this would be a "dumb
bomb" rather than a "smart bomb"). He added that it is everything rather than the precise, stated target so it is a
definite issue of local control and he thinks the League is trying their best.
z:\council packets\2014\r140320\140306m.docx Page 8 of 9
Mayor Kavanagh commented that it sounds like the same thing that came out during the last session, just re-worded,
and she believes they opposed that too and opposed it at the League as well.
Councilmember Dickey MOVED that the Council joins the League in opposing SB 1227 regarding energy efficient
codes and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
Mayor Kavanagh referred to the manufacturing tax bill that they were concerned about because it was going to exempt
all manufacturing, which really didn't have much of a definition because it was so broad, and reported that the League
is working with them and it looks like there are going to be some changes. She stated that it appears that it is going to
be voluntary if a city or town wants to participate and they are goi ng to be narrowing the definition of what is
manufacturing so if someone is doing something in their garage that will not be covered. She also referred to 2587 --
the Animal Cruelty Bill -- and advised that it is currently being held in the House so they don't know what is going to
happen with that but it looks like maybe at this point it doesn't have enough votes. She noted that Sheriff Arpaio is
still opposed to that bill as are most of the police departments and the Humane Society.
AGENDA ITEM #9 - 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 #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Councilmember Elkie stressed the importance of the Town supporting local businesses and announced that t hree new
businesses have recently opened up in Town -- Mojo's Pizza Place, Laura's Place and Moxie's. He stated that he
visited all three and it is wonderful to see new businesses open in Town. He encouraged residents to stop by these new
establishments and support them.
Councilmember Dickey invited anyone interested to attend a benefit fundraiser to support child victims of human
trafficking and modern day slavery. She pointed out that the Star Bright Foundation had come and given a report to
the Public Safety Commission. She advised that the event will be held on March 15th and 16th at 10:00 a.m. daily at
the Fountainside Arts Gallery. She added that they are going to be raising funds for the safe houses and said that the
Gallery has received donations of art and jewelry and crafts from artists throughout Arizona and 100% of the funds
raised will go to the Star Bright Foundation.
The Mayor said she believes that the Foundation is also going to be involved with the Super Bowl next year (there
were a lot of problems with that).
Councilmember Leger stated that they all received an e-mail from Mr. Buchanan regarding the proposed Del Monte
Del Lago Trail and last night the Town had a community meeting and he had the opportunity to be there. He reported
that there were over 108 residents who would be directly affected by this proposal in attendance. He advised that Mr.
Mark Mayer did a very good job standing his ground and for the most part there was good, civil dialogue. He said that
at the end a gentleman asked for a show of hands and he would say that about 90% of those residents were strongly
opposed to this proposal. He added that he is not sure what the next step in the process is but at this point there really
is strong opposition in that neighborhood.
The Mayor reported on activities and stated that the Mayor's Youth Committee (MYC) had their second field trip to
the home of their resident Western artist, The Arizona Kid, Carlos Hadaway. She further stated that she was a referee
once again at the VEX Robotics championships at the high school and said that their Falcon team won first place, went
on to State, won that, and now they go on to World VEX -- she added that these are our future engineers. She advised
that she spoke at the open house for the new Fire Station addition and on February 21, 22, and 23, at the Tourism table
at the Fair. She thanked Mr. Ken Buchanan, Mr. Bryan Hughes, Heather Ware and Grace Guetter, their intern for all
z:\council packets\2014\r140320\140306m.docx Page 9 of 9
their work. She expressed appreciation to Ms Guetter and the 30 volunteers who joined her for the weekend to sit at
the table and hand out information about their Town and said it was one of the best Fair weekends, with estimated
crowds for all three days at 276,000.
Mayor Kavanagh further stated that she attended the Anti-drug and Anti-alcohol Coalition meeting at the school and
on the 27th and on Friday the 28th she was the speaker at their local Realtors' meeting to present her State of the Town
address. She added that on Friday the 28th in the evening she was also the speaker at the ADOG Spaghetti Dinner
held at the Presbyterian Church and on Saturday morning, the 29th, she welcomed the St. Joseph the Worker Hike for
the Homeless group at McDowell Mountain Park. She said that she was very impressed at the huge number of hikers
that showed up in the pouring rain.
Mayor Kavanagh reported that she also attended the Fountain Hills PTO Gala Fundraiser at Eagle Mountain. She
thanked the main sponsor whose generosity made the event a big success -- the Verne C. Johnson Foundation,
managed by resident Dwight Johnson. The Mayor also congratulated the Girls' Basketball team for defeating Valley
Christian at Jobb.com arena. She stated that they all watched the game at the PTO Gala and the final score was 51 -36 -
- Go Falcons!
AGENDA ITEM #13 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the Regular Council meeting at 7:20 p.m. and reconvene the Executive
Session and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
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 6th day of March, 2014. I further certify that the meetings were duly
called and that quorums were present.
DATED this 20th day of March, 2014.
_____________________________
Bevelyn J. Bender, Town Clerk