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TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND SPECIAL SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 5, 2014
* 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 – Pastor Don Lawrence, Christ 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 Cassie Hansen and
Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk
Bevelyn Bender were also present.
**Councilmember Dickey participated in the entire meeting through the use of teleconferencing equipment.
Councilmember Elkie was absent from the meeting.
* MAYOR’S REPORT
i) None.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) The Mayor may review recent events attended relating to economic development.
That Mayor advised that at the GPEC (Greater Phoenix Economic Council) meeting there was a lengthy
presentation on the Super Bowl coming to town and what GPEC is doing to take advantage of the event to further
economic development. GPEC will coordinate a visiting CEO Program, enticing with tickets CEOs of major
corporations who might be thinking of re-locating their companies. To help the local business community GPEC
will also be sponsoring the Business Connect program that connects small businesses in the metro area with the
NFL to offer needed services. The Super Bowl will give Arizona global exposure and a huge economic impact.
They expect 5,000 media personnel, 111.5 million television viewers and it will be broadcast to 180 countries.
They expect 100,000 visitors, 5,300 private aircraft flights, 300,000 to attend the NFL experience and 1million
Super Bowl Central attendees. Arizona will also be hosting the Pre -Bowl at the University of Phoenix Stadium
on January 25th. The Mayor stated that anyone who wants to help in this effort to showcase their beautiful State,
the Super Bowl Committee will be looking for 10,000 volunteers to make this all happen. She added that the
Velocity Program that she has spoken about before to bring STEM academics to K -12 and improved engineering
programs to the colleges got an update. July is the targeted date for a plan ready model to take to market and
September is the goal for communicating the strategy to put this in motion. She reported that at the GPEC
Mayors' meeting they also discussed the CA 50 project, a project in the works to make contact with CA
businesses that are dissatisfied with the tax situation in CA, enticing them to move their companies to Arizona.
At the Maricopa Association of Governments (MAG) meeting, they were updated on the Don't Trash AZ Project
for the summer. The logo and design that was chosen will be put on billboards, made into posters for
convenience stores and the design will be available for the Town to use. The Mayor advised that she would like
to see signs on Shea Boulevard, which is always trashed by people passing through. There were other updates
including plans to improve the I-10/17 Corridor and workable ways to relieve traffic on other major roadways.
There is also a push for technology taking the lead where actual roadway improvements are not possible. She
said that they will also be working more closely with DPS to better predict traffic problems. She reported that she
was honored this year to be chosen to serve on the League of Cities Resolutions Committee, the Committee that
reviews the resolutions submitted by all the cities, towns and rates and categorizes them to be presented to the full
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Committee at the League Annual Meeting. The resolutions that are ultimately ch osen are sent to the Legislature
for possible bill consideration.
ii) Presentation by Robert Bennett, Division Manager with Republic Services, of the 2014 My Republic
Rewards Community Grant Award.
Robert Bennett addressed the Council relative to this agenda item and said that it is a pleasure to be there this
evening to present an award and said this is the first time the company has done this. He noted that it is an
opportunity for them to showcase their ability to recycle, which is great for the environment and great for the
community and also to give back to the community. He announced that on behalf of Republic Services he would
like to thank them and said that they have a $10,000 check that will be used for Fountain Hills for a greening and
landscaping project.
Mayor Kavanagh thanked Mr. Bennett for his appearance at the meeting and for the wonderful contribution to the
Town. She said they are very excited to be the first Town to be the recipient of this grant and they will definitely
do a great project with the money.
iii) Presentation by Carol Gibbs, Save Hearts in Arizona Registry and Education (SHARE) Program
Education Coordinator, regarding the Heart Safe City Award received by the Town.
Fire Chief Randy Roberts addressed the Council and advised that the Save Hearts in Arizona Registry and
Education (SHARE) Program partnered with Rural Metro of Fountain Hills to improve survival from out of the
hospital cardiac arrest. He reported that this past year the program has implemented a new recognition program
for Arizona cities that meet or exceed criteria for cardiac arrest preparedness. He stated that they are happy to
announce that Fountain Hills has qualified for this recognition. He added that due to the efforts of the Fire
Department's campaign to increase public awareness of sudden cardiac arrest and encouraging bystander
intervention through CPR classes in the community as well as ensuring that they have a compliant publically
accessible Defibrillator Program. He introduced Program Education Coordinator Carol Gibbs to the Council.
Carol Gibbs addressed the Council and provided a brief overview/statistics relative to the SHARE Program. She
noted that it is a State-wide education network that has partnered with 39 hospitals and 137 EMS (Emergency
Medical Services) organization State-wide. She emphasized that the goal is to increase survival from cardiac
arrests in Arizona. She read a letter congratulating Fountain Hills on achieving this honor and presented Mayor
Kavanagh with a plaque in recognition of this accomplishment.
Captain Steve Boyer addressed the Council and highlighted a brief PowerPoint presentation relative to the
SHARE Program (Copy available on line and in the office of the Town Clerk). He discussed the case of Ed and
Mary Lacy and said that Mr. Lacy experienced sudden cardiac arrest one evening at the Fountain Hills
Community Theater. He noted that there is an AED in that facility and commented on all the rescue efforts t hat
took place including use of the AED and CPR and advised that by the time the paramedics arrived Mr. Lacy had
been resuscitated. He added that he was actually helpful himself in efforts to get him to the hospital and by the
time he got to the hospital he was joking with the doctors on whether or not he would be welcome at the Theater
again. He announced that Mary Lacy and her daughter Ann were present in the audience. They approached the
podium and expressed appreciation to the Fire Department and everyone in Town. She said that they are so
happy to live in a Town where the people care enough to get together and put a program like the one they have
into effect. She reported that they were able to have Ed with them two years to the day longer and the time they
got to spend with him was wonderful.
Mayor Kavanagh commended Town resident Phil Gaziano for his efforts to initially purchase the AEDs for the
Town and for his continuing efforts over so many years.
CALL TO THE PUBLIC
Town Clerk Bevelyn Bender advised that one citizen wished to speak to the Council at this time.
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Linda Bellenir addressed the Council and said that she filed as an intervenor in the Chaparral Water and EPCOR rate
request and most recently received the recommendations of the Administrative Law Judge and the Commissioners will
consider this matter at an open meeting on June 10th and the 11th. She stated that EPCOR is a wholly owned
subsidiary of EPCOR Utilities, which is owned by the City of Edmonton, Alberta, Canada. She noted that the current
rates were approved in 2009 and EPCOR's proposed revenue requirement of 30.25% equates to an average user's
monthly bill jumping from $37.85 to $51.03 per month. She advised that the Judge is recommending a 14 1/2%
increase, resulting in a monthly bill of $37.85 jumping to $42.10, an average increase of 11.23%. She added that
EPCOR will be allowed to capture $275,000 in rate case expenses, approval of rate cap surcharges, best management
practice tariffs and a surcharge mechanism, which will authorize EPCOR to recover funds. Ms. Bellenir provided
additional information and data and discussed laws that might be passed in the future regarding water and its possible
impacts on Fountain Lake and Adero Canyon. She recommended that they be more diligent with future EPCOR rate
requests, contact their representatives before the deadline of July 21, 2014 and take the lead to stop the government
and foreign operation outreach.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 28 AND MAY 1, 2014.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2014-27, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY SUPERIOR COURT TO
PROVIDE JURY SERVICES.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2014-25, AN INTERGOVERNMENTAL
AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION RELATING TO TRAFFIC
ACCIDENT ANALYSIS SOFTWARE.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY SAMUEL COFFEE, REPRESENTING THE SONS OF AMVETS,
SQUADRON #7, FOR THE PURPOSE OF A FUNDRAISER IN CONJUNCTION WITH THE FOURTH AT
THE FOUNTAIN. THE EVENT IS SCHEDULED FOR FRIDAY, JULY 4, 2014 FROM 5:00 PM TO 10:00
PM AT FOUNTAIN PARK.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION,
SUBMITTED BY ANGELO ZARLENGA, OWNER/AGENT OF LA FRECCIA DEL SUD LLC DBA
ARRIVEDERCI LA CUCINA ITALIANA LOCATED AT 12645 N. SAGUARO BOULEVARD, FOUNTAIN
HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT).
AGENDA ITEM #6 - CONSIDERATION OF APPROVING A FINAL REPLAT OF THE EAGLES NEST
SUBDIVISION - PARCEL 1; REVISING THE PROPERTY LINES FOR LOTS 210, 211, 212, 213, 219, 220
AND 221. CASE #S2014-05.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown 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 Absent
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY by those present (6-0).
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REGULAR AGENDA
AGENDA ITEM #7 - CONSIDERATION OF APPOINTING ONE (1) PLANNING & ZONING
COMMISSIONER TO FILL A VACANT SEAT AND COMPLETE A THREE (3) MONTH TERM ON THE
COMMISSION BEGINNING JUNE 5, 2014 UNTIL SEPTEMBER 30, 2014.
Mayor Kavanagh MOVED to appoint Howie Jones to fill the vacancy and complete a three-month term on the
Commission beginning June 5, 2014 until September 30, 2014 and Councilmember Brown SECONDED the motion,
which CARRIED UNANIMOUSLY by those present (6-0).
Mayor Kavanagh thanked Mr. Jones for his willingness to continue to serve the Town.
AGENDA ITEM #8 - CONSIDERATION OF ORDINANCE 14-05, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11, SECTION 11-1-4, FIREWORKS, AMENDING THE FOUNTAIN
HILLS AMENDMENTS TO THE 2012 INTERNATIONAL FIRE CODE, APPENDIX K, CONTROL AND
SUPPRESSION OF HAZARDOUS FIRE AREAS, SECTION 5110, FIREWORKS, AND DECLARING AN
EMERGENCY.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and advised that this is in response to
Senate Bill 1158, which re-modified State law to require the Town to allow the use and sale of permissible fireworks
within its corporate limits during certain times of the year. He said that the purpose of the proposed ordinance is to
ensure that the Town is not out of compliance regarding that law and requested that the Town Attorney provide a brief
explanation of the intent of the proposed ordinance.
Town Attorney Andres McGuire advised that the fireworks regulations do two things, first, they pre -empt the Town
from regulating the sale or use of fireworks. He noted that previously they couldn't regulate the sale but they could
regulate the use of fireworks within the Town's borders. He added that now the Town is pre-empted from doing any
regulation of use within the Town's borders during the two periods of time defined in the Statute (permissible
consumer fireworks may be used during the periods of June 24th through July 6th and December 24th through January
3rd of each year). He explained that those preemptions changed the way that the Town has to regulate u nder the prior
ordinances. He added that there are two different places that this hits, in the Town Code and it also impacts the Town's
Fire Code provisions. He also pointed out that the law has changed what used to be a misdemeanor charge (for
violation of the law) down to a $1,000 civil offense. He said that they are using an emergency provision because the
Statute came their way via an emergency provision and fireworks will be able to be used within the next few weeks.
Mayor Kavanagh thanked Mr. McGuire for his comments.
The Mayor advised that she had some concerns regarding this and had communicated with Assistant Fire Chief Dave
Ott and he assured her that the ones that are going to be sold in the store have to comply with the ones that people can
use. She said that she thought that people might be confused and think that they could sell any kind but they can only
sell what is on the permitted list. She added that he also noted that they were going to change the fire danger signs
from "moderate" to "extreme" and airing information on Channel 11, the Town's website and the Fire Department's
web pages because education is what they have going for them and they need to ask people to use common sense
during the "extreme fire danger" times. She explained that even setting off fireworks in people's backyards could be
very dangerous especially in view of the dry conditions that exist. She thanked the Times for its recent story on this
important issue and encouraged the newspaper to continue to print stories on this topic.
Councilmember Leger asked Fire Chief Randy Roberts for his opinion on this matter.
Chief Roberts stated that he is disappointed that it happened and said that the Department will do everything in its
power to comply with the law, which he thinks is here to stay. He noted that he is not as worried about New Years as
he is the 4th of July but stated that they are going to staff their trucks and get full staffing on all of their brush trucks
and all of their engines so they should be as ready as they can be for whatever occurs. He pointed out that the
fireworks are a source of ignition and said that they already have the hazard along with the brush as the Mayor alluded
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to (they have a lot of brush and it has dried out quickly and this provides another source of ignition). He stated that he
hopes that that will not be the case and he hopes that people will exercise a lot of caution.
Councilmember Dickey said she wanted to know whether Mr. McGuire knows the Legislator's justification for making
this an emergency measure and he said that he is not aware of the justification that was presented but they are now
subject to the new law.
Councilmember Dickey stated that this is a little ironic since an emergency measure is supposed to ensure public
health and safety.
Mayor Kavanagh commented that the Town will host its own 4th of July celebration in the park and pointed out that
there will be fireworks and encouraged people to spread the word because maybe people who are thinking of having
their own celebration will just come down to the park and join in the Town's celebration. She added that there will be
a lot of fun things for the kids to do and encouraged the residents to attend the safe event.
Town Clerk Bevelyn Bender advised that there were no citizens wishing to speak on this agenda item.
Councilmember Leger advised that he will be voting yes to support this because it is the law but added that he does so
reluctantly.
Councilmember Yates MOVED to approve Ordinance 1405 and Vice Mayor Hansen reluctantly SECONDED the
motion.
Mayor Kavanagh noted that it is the law and they are a law abiding Council.
Vice Mayor Hansen said that she is struggling with this and asked what the hardship was that brought this about.
Mr. McGuire responded that the hardship was never made very clear to the League representatives who opposed this
or any of the cities and towns that testified against it and stated that its passage did ensure that the fireworks would be
in place for this upcoming season. He advised that the cities and towns were less popular than the industry and in the
end the worst part for Fountain Hills is that the urban wildlife interface in Town is in our neighborhoods and the only
exemptions in the Statute ironically enough are in the National Forest area that borders the community of the Senate
President and a community that bought a huge amount of open space. He added that it is unfortunate that a community
that was built in the desert could not obtain an exemption.
Vice Mayor Hansen asked whether there would be any opportunity to recoup costs for fires proven to be the direct
result of the use of fireworks by individuals.
Mr. McGuire advised that no such ordinance exists and he doesn't think there is any way to assess it other than maybe
if there are violations of other Town codes involved that would allow for enforcement. He explained that they are very
reluctant to amend those provisions because that probably would not be okay and in the end they hope that people will
not go into the washes to set off fireworks.
Mayor Kavanagh said that they are asking the residents to let them know if they see any dangerous activity happening
because the Council and public safety personnel cannot be everywhere. She encouraged them to help keep the
community safe.
The motion CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #9 - CONSIDERATION OF A PROPOSAL BY THE GREENING OF DOWNTOWN
COMMITTEE RELATING TO THE LEGACY PLAZA CONCEPT AT FOUNTAIN PARK.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and said that Jerry
Butler, Co-Chair of the Greening of Downtown Committee, will review a presentation on the Legacy Plaza concept at
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Fountain Park. He added that it is the same presentation that was made to the Parks & Recreation Commission and the
Commission voted unanimously in support of the proposal.
Mr. Butler addressed the Council and publicly recognized Robert Bennett of Republic Services for the wonderful
donation that Republic Services made to the Greening Program. He stated that they think it is an outstanding way to
spend that kind of money and the Committee is very appreciative of the fact that Fountain Hills is the first community
in the country to have this program and the Greening Program is the first recipient of the grant in the country.
Mayor Kavanagh pointed out that there was a contest and a totally impartial committee was formed of just residents
and they picked three community projects and then all of the residents could go on line and vote with their points
which of the three community projects they wanted to see go through -- and the Green Committee was chosen.
Mr. Butler highlighted a brief PowerPoint presentation (Copy available on line and in the office of the Town Clerk)
that included but was not limited to the following:
* Accomplishments to date
* Enhancements to the commemorative column area in Fountain Park/Polished leaves
* A Legacy Project
* Fundraising Activities
* Fountain Park Enhancements
* A Legacy Plaza
* Major donation from an estate
* Future Estate Goals
Mr. Butler advised that he hopes that the Town Council accepts the plan and the Committee would like to move
forward and come up with some real plans for staff to review and approve. He said that they would like to have
construction commence this summer when there is the least amount of activity in the park and be prepared for the fall.
He added that they also have some people associated with the Estate that are quite elderly and therefore they can't wait
too much longer.
In response to a request from the Mayor, Mr. Butler displayed a map and discussed its orientation to the location of the
lake. He stated that he doesn't remember how much area will be paved but he will get that information and provide it
to the Council.
Councilmember Brown thanked Mr. Butler for his presentation and asked how far along the Committee is on an
estimate that is solid enough that the Estate will be able to finance it in its entirety. He also asked whether the
Greening Committee would provide funding if the Estate does not provide enough financing to finish the project.
Mr. Butler replied that he personally put together the cost estimate for the Estate and they are comfortable with it and
he believes that this project can be done for the amount of money that they are willing to donate. He added that if not,
the Greening Committee has in its coffers additional funds s o they would not come back before the Council for
funding.
Councilmember Brown commented that it sounds to him as though this project will be constructed in a single phase
(start in the summer and get it done by the time the winter visitors arrive).
Mr. Butler concurred with Councilmember Brown's statement and clarified that they would not plant the signature tree
this summer, they would wait until the fall but everything else could be done and they would set it up to accommodate
the tree in late October or early November.
Councilmember Brown advised that he believes this would be a nice addition to the park and he will support it.
Mayor Kavanagh asked if there were plans to open the columns up for more people if they want to do the leaves that
are placed on the columns and Mr. Butler explained that the new columns have all of the existing leaves on them and if
they go by and look at them there is room for about 20% more leaves on the same number of columns because of their
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design this time. He said that there is additional space and they have received additional donations for leaves to be
placed on the columns.
Councilmember Leger advised that he fully supports this program and noted that this project came out of the ground
with Swaback years ago starting out as a 1,000 tree program that evolved into all of this. He said that it is awesome to
see all of this come to fruition, the first Legacy program, and asked if anyone else from the Greening Committee was
present this evening.
Mr. Butler advised that he and Jenny are the only ones present tonight.
Councilmember Leger stated that it is important to recognize that group and asked whether the Committee has targeted
what the $10,000 grant they received will be used for.
Mr. Butler responded that the money is going to be used for landscaping along the sidewalk to separate walkers from
the disc golfers and they want to add trees to the northern part of the park (right now there are mature olive trees in that
area and many of them are showing serious signs of distress and are dying in different stages). He said that the trees
they plant would supplement those trees so that when the day comes that they have to be removed there will be some
other trees there to take their place.
Vice Mayor Hansen referred to the new column next to the three existing columns shown on the proposal and said to
the left there is one more box that is not marked and she wondered if that was a place holder for another new column.
Mr. Butler replied that that would be a fifth column if there is a need for it -- there is room for five columns. He added
that if they can afford it, they would like to have the columns lighted for night time/early evening and they would like
to do it from the ground up or from within the pavers themselves. He advised that he has worked very closely with the
Sanitary District and going through this plaza area is a major fiber optic cable for the Sanitary District. He said that
they came out and physically dug down and located it and they now know where it is, between the fourth and fifth
column, and how they place the next columns is critical. He added that since they have to remove a number of the
existing pavers to make all of this happen, instead of putting in the fourth column they could put in the foundations for
columns four and five and leave them about four inches below the pavers but have all of the structural components
necessary so that if needed in the future the column itself could be added to the foundation (and they would do the
lighting as well). He noted that they have several options and would like to work with staff to determine which option
is best.
Councilmember Yates thanked Mr. Butler and the Commission for their excellent hard work and stated that this is a
model that several municipalities would love to mirror.
Mayor Kavanagh said that she believes the Commission has chosen a really nice spot for the seating and the way it
works out is really great. She added that she would like to throw another challenge at the group that they can think
about and advised that there is an area right outside of where the businesses are and there is a section of grass that just
doesn't grow and it looks awful. She advised that she gets so many letters from residents about that patch -- more than
anything else -- and she doesn't want to just pave it over. She expressed the opinion that that area takes away from the
beauty of the park and asked Mr. Butler to look at that spot when time permits and come up with some good ideas.
Mr. Butler stated that the one idea that he would suggest for consideration by Parks & Recreation would be to go in,
scrape off about 8 inches of the soil and throw it away, bring in some new soil and they will have beautiful grass.
Mayor Kavanagh commented that she thinks they tried that and they put down sod and it still didn't work.
Mr. Butler said that he is not talking about sod; he is talking about real soil because the soil that is there will not
sustain any life.
Mayor Kavanagh thanked Mr. Butler for his help and stated that perhaps he can come up with something else and he
agreed to look into it.
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Mr. Butler advised that if this is approved tonight, the Commission would like to move forward this summer. He
pointed out that just like all of the other programs they have taken on themselves as the Greening Committee they will
organize contractors who also donate some of their services to them and try to get this done as quickly as possi ble.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Hansen MOVED to approve the proposal by the Greening of Downtown Committee relating to the
Legacy Plaza concept at Fountain Park and Councilmember Yates SECONDED the motion, which CARRIED
UNANIMOUSLY by those present (6-0).
AGENDA ITEM #10 - PUBLIC HEARING REGARDING RESOLUTION 2014-20, ADOPTING THE
TENTATIVE BUDGET AS THE 2014-15 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN
HILLS.
Mayor Kavanagh declared the public hearing open at 7:39 p.m.
Town Manager Ken Buchanan addressed the Council and said that they have heard extensive presentations on this
item and noted that the Council adopted the tentative budget in the amount of $44,807,389 and tonight the Council is
being asked to adopt the tentative budget as the final budget for the 2014-15 Fiscal Year in that same amount. He
stated that it has addressed the Council's operational priorities to a certain extent and added that the nine Strategic
Planning Goals presented by the Strategic Planning Advisory Commission (SPAC) are being addressed as time
permits. He briefly highlighted the major points in a PowerPoint presentation (Copy available on line and in the office
of the Town Clerk) and recommended that the Council approve the budget as presented.
Town Clerk Bevelyn Bender advised that two citizens wished to speak on this agenda item.
David Iverson addressed the Council and said he was there to plead the cause of the needy in Fountain Hills. He
advised that he has managed the Food Bank in Town (Extended Hands Food Bank) for ten years and over that time
they have continued to serve those in Fountain Hills mainly in three areas, the poor and needy -- people on Social
Security or needing assistance and also the 7% that they tell us are unemployed but not on the books any longer so they
are not receiving any unemployment compensation. He said second group they serve is the working poor -- people
who are employed but do not make enough money and so when something breaks such as their car, their f ood budget
suffers. He added that the third area is the unemployed and reported that Arizona pays about $200 a week
unemployment and they recently had a spike in the number of people coming in who are being laid off and/or their
hours are being reduced. He referred to a sheet of statistics that was provided to the Council and noted that the present
contract provides $2.62 per individual on a monthly basis or $8.00 per family. He reported that seven years ago when
they had their first full year the funds provided by the Town amounted to $4.92 per individual or $16 per family on a
monthly basis so they are operating on half of what they received seven years ago. He noted that each individual that
they serve costs the Food Bank $21.00 per month for individuals and $69.00 a month for families. He requested that
the Council consider the $400.00 that is proposed to be cut from the Food Bank's budget and whether the amount will
really make that big a difference to the Town because it will make a big difference to the Food Bank because that
means they have to do more to provide for the six families that the $400.00 a month represents. He asked the Council
to reconsider the 20% cut that is being proposed.
Barbara Patterson-Whitehead addressed the Council and said that the Council has just heard a very good man not be
silent on his commitment to the Food Bank. She stated that she is only the "second string" and she is here to support
Mr. Iverson. She referred to an article from The Arizona Republic of which a copy was provided to the Council and
noted that it contains important information, particularly the fact that in Arizona one in five individuals may not know
where their next meal is coming from. She advised that they can't do anything about the Valley but charity begins at
home and she is here to tell the Council that they can do something in this Town. She added that it is their duty as a
Town, the responsibility of the Council and their moral obligation to help these people. She expressed the opinion that
$400 a month is not that much money for the Town and they can find it and added that she would also like the Town to
consider giving the Food Bank back the 20% they took last year.
Mayor Kavanagh thanked the speakers for their comments.
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Councilmember Leger MOVED to increase the Food Bank's budget by $2,000 and Vice Mayor Hansen SECONDED
the motion.
Mayor Kavanagh said that she would like to AMEND the motion to increase it to the full 20% (up to $23, 230.00).
She noted that they give out a lot of money to entertainment and a lot to things that are "nice to have" and she thinks
that this is a "need to have."
Councilmember Leger RESCINDED his motion and SECONDED the Mayor's motion.
Councilmember Yates asked what the actual amount was and Mr. Buchanan advised that they are talking about full
funding in the amount of $23, 230.00 (the previous year’s funding level).
Councilmember Dickey stated that she had had at a prior meeting suggested reducing the Sheriff's Posse by 20%,
which would have been $3,000 and asked if that could be suggested to partially pay for this addition to the Food Bank.
Mr. McGuire advised that the next thing they are going to have to do is determine where the money comes from so that
the budget resolution that follows it will be at the same base amount because they can't increase the budget from what
the Tentative budget amount was.
Councilmember Dickey commented that since Councilmember Leger rescinded his motion, what is on the floor now is
to raise it by the $4,800 and the Mayor said that was her motion.
Councilmember Dickey asked if someone else besides her in case she can't do this would offer to get $3,000 of that
from the Posse's budget.
The Mayor advised that she would not be in favor of that.
A roll call vote was taken with the following results:
Vice Mayor Cassie Hansen Aye
Councilmember Dennis Brown Aye
Councilmember Cecil Yates Aye
Councilmember Henry Leger Aye
Councilmember Ginny Dickey Aye
Mayor Linda Kavanagh Aye
Councilmember Tait Elkie Absent
The motion CARRIED UNANIMOUSLY by those present 6-0).
Councilmember Yates stated that since they did not take the difference out of a specific line item where would it come
from at this point?
Mr. Buchanan responded that his recommendation would be that the money come from Administration (Core Services)
and stated that would need to be a motion and Councilmember Yates disagreed.
Councilmember Leger suggested that they take the money from the Council's budget and Mr. Buchanan pointed out
that that is under Administration and Councilmember Leger said he is aware of that.
Councilmember Yates MOVED that the difference due to the increase in the Food Bank's budget be taken out of Sub-
Section Line Item Council Budget from Administrative Services and Vice Mayor Hansen SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY by those present (6-0).
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Mayor Kavanagh declared the public hearing closed at 8:00 p.m.
Mayor Kavanagh RECESSED THE REGULAR SESSION at 8:01 p.m. and convened the Special Session.
SPECIAL SESSION
* CALL TO ORDER AND ROLL CALL
Mayor Kavanagh called the Special Session to order at 8:01 p.m.
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 and
Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk
Bevelyn Bender were also present.
**Councilmember Dickey participated in the meeting through the use of teleconferencing equipment.
Councilmember Elkie was absent from the meeting.
SPL #1 - CONSIDERATION OF RESOLUTION 2014-20, ADOPTING THE TENTATIVE BUDGET AS THE
2014-15 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Town Manager Ken Buchanan recommended that the Council adopt the Tentative Budget as the 2014-15 Fiscal
Budget for the Town of Fountain Hills in the amount of $44,807,389.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Hansen MOVED to adopt the Tentative Budget as the 2014-15 Fiscal Year budget as recommended by
staff and Councilmember Leger SECONDED the motion.
Mr. McGuire noted that the motion includes the direction to staff relative to additional monies for the Food Bank.
The motion CARRIED UNANIMOUSLY by those present (6-0).
SPL #2 - CONSIDERATION OF RESOLUTION 2014-21, ADOPTING AND ESTABLISHING THE 2014-15
BUDGET IMPLEMENTATION POLICY, AND APPROVING THE TOWN ORGANIZATIONAL CHARTS,
THE 2014-15 PAY PLAN, THE SCHEDULE OF AUTHORIZED POSITIONS, THE EMPLOYEE JOB
DESCRIPTIONS AND THE COMPREHENSIVE FEE SCHEDULE.
Town Manager Ken Buchanan advised that this resolution basically gives the guidelines as far as how the budget is
administered on an annual basis. He stated that traditionally people would adopt the budget and forget what was done
in six months but this keeps the guidelines up front as far as administering the actual policy itself (Budget
Implementation Policy). He advised that staff recommends approval.
Councilmember Leger MOVED to approve Resolution 2014-20, adopting and establishing the 2014-15 Budget
Implementation Policy as recommended by staff and Councilmember Yates SECONDED the motion.
Councilmember Yates commented that the merit and COLA start on an employee's start date within the following
Fiscal Year.
Mr. Buchanan advised that COLA's take effect on July 1st and the merit increases would occur on the employees'
anniversary date.
There were no citizens wishing to speak on this agenda item.
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The motion CARRIED UNANIMOUSLY by those present (6-0).
SPL #3 - ADJOURNMENT.
Councilmember Yates MOVED to adjourn the Special Session at 8:05 p.m. and reconvene the Regular Session at 8:05
p.m. and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-
0).
RECONVENED REGULAR SESSION
The REGULAR SESSION RECONVENED at 8:05 p.m.
AGENDA ITEM #11 - 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.
Mr. Buchanan advised that he had nothing new to report.
There were no citizens wishing to speak on this agenda item.
Mr. Buchanan stated that this item will appear on the June 19th meeting agenda.
AGENDA ITEM #12 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
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 MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Councilmember Yates said that he wanted to remind everybody that this is the first time that Fountain Hills will be
having fireworks in a long time and urged the residents to get the word out that there will be fireworks in the park and
it will be a great community event that he hopes many residents will attend.
AGENDA ITEM #14 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember Leger SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 8:06 p.m.
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TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
________________________________
Bevelyn Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Special
Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 5th day of June,
2014. I further certify that the meeting was duly called and that a quorum was present.
DATED this 19th day of June, 2014.
_____________________________
Bevelyn Bender, Town Clerk