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HomeMy WebLinkAbout2014.1106.TCRM.Minutesz:\council packets\2014\r141120\141106m.docx Page 1 of 14 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 6, 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 – Sr. Pastor Justin Erickson, Harvest Bible Chapel, Fountain Hills * ROLL CALL Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, , Vice Mayor Cecil Yates, Councilmember Ginny Dickey, Councilmember Dennis Brown, Councilmember 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 (Items on the agenda were discussed out of order but for purposes of clarity will be reported as shown on the agenda.) i) Recognition of Vice Mayor Cecil Yates' appointment to the MAG Regional Domestic Violence Council Mayor Kavanagh recognized Vice Mayor Cecil Yates on his appointment to the MAG Regional Domestic Violence Council. Vice Mayor Yates thanked Mayor Kavanagh and members of the Council for letting him serve in this position. He noted that domestic violence is a pretty big issue and commented on the fact that one of the buildings he manages is a home that carries out a local domestic violence program. He stressed the need for this type of program and said that he is proud to be a part of this. He added that he is going to continue the good work that Councilmember Dickey performed by continuing to report on what is going on with MAG (Maricopa Association of Governments) in this regard and to generate general knowledge about this critical area. ii) The Mayor will read a Proclamation declaring November 14, 2014 as McDowell Mountain Month in the Town of Fountain Hills Mayor Kavanagh stated that the preservation of the McDowell Mountains and the Sonoran Desert has been established as a high priority of the Town of Fountain Hills and its citizens and it is the desire of the Town to celebrate the unique environment of its Preserve. She added that it is also the intent of the Town to raise awareness regarding the need to preserve these valuable treasures for future generations. She noted that the first permanent access trail to the Preserve has been completed that links the McDowell Mountain Regional Park's Dixie Mine Trail to the Preserve's northern boundary via the Sonoran Trail. Mayor Kavanagh declared the month of November 2014 as "McDowell Mountain Month" in Fountain Hills and called upon all citizens to take a moment dur ing the month to appreciate the beauty of this community treasure. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development The Mayor thanked everyone who participated in Make a Difference Day noting that once again what a great showing from our community, neighbor helping neighbor. She stated that a presentation would begin shortly with more information on the Day. She thanked the Mayor’s Youth Council for getting up at 7a.m. on a Saturday morning to help noting that they had a big project to do and that it had turned out great with the help of my husband, Senator-elect John Kavanagh, and Councilman Cecil Yates, who’s really good at taking down trees while standing on his pick-up truck. z:\council packets\2014\r141120\141106m.docx Page 2 of 14 She commented that she attended and had a booth at Halloween in the Hills, another big success for our town that partners with Sami Fine Jewelry, the business that brings us this event each year. She thanked all the organizations, churches, schools, businesses and Town staff that made this Halloween a safe trick or treating for our kids with a special thanks to Stephanie, from Sami’s, and her staff, who organized the entire event. The Mayor pointed out that two of our churches in town, The Anglican Church of the Atonement and Christ Church, saw that our Town was lacking a pumpkin patch. Both churches put on some fun activities and she thanked them for adding this amenity for our kids. The Mayor stated that the police were busy last Saturday, spending their morning greeting residents and discussing issues with them. Captain Dave LeTourneau and MCSO deputies sponsored Coffee with a Cop that was held at Mountainview Coffee. She indicated that she attended the event and spoke with many residents who were very pleased with the opportunity to get to know our deputies and she thanked Susan and the staff of Mountainview Coffee for making this event possible. The Mayor continued that from Coffee with a Cop, she had stopped at the American Legion for their event, Safety Day. Sheriff Arpaio was there with his deputies, Chief Randy Roberts was there with the fire crew and lots of fire trucks for another great weekend event here in Town. The Mayor noted another great milestone here in Town, the Fountain Hills Presbyterian Church celebrated their 40th year as a congregation and said she was honored to read our Town proclamation at the event and share in their fellowship Sunday morning. On behalf of the Town, she extended best wishes to President and CEO of the Chamber of Commerce, Frank Ferrara, who has recently retired. Frank was responsible for the many partnerships created between the Town and the Chamber to promote tourism and economic development, to create a business-friendly environment, and help our business community grow. Good luck, Frank, and enjoy your retirement. The Mayor welcomed to town Scott Soldat-Valenzuela, the new CEO of the Chamber. And finally, with a very sad heart, she said they said goodbye to Judy Confer, the long-time director of our River of Time Museum noting that Judy was a driving force to preserving the history of Fountain Hills and the Yavapai Nation. She will be greatly missed but her legacy work will live on for generations to come in our Museum. ii) Recognition of the businesses who participated in the 6th Annual Fountain Hills Make a Difference Day Mayor Kavanagh, Vice Mayor Cecil Yates and Town Manager Ken Buchanan stepped down from the dais and stood in front of the podium. Vice Mayor Yates noted that the Town recently held its 6th Annual Make a Difference Day when elderly and frail citizens of the Town who need assistance with household tasks, cleanup, landscaping, painting, maintenance, wheel chair ramps, etc., received that help from just under 300 Town volunteers. He stated that it was truly a morning of "neighbor helping neighbor" and said he, the Mayor and members of her Youth Council were able to get in and out of a citizen's home and help that person by carrying out va rious tasks. He said that the citizen has a brain tumor and could not care for the yard so they got in and out of there in just under three hours. Mayor Kavanagh advised that tonight the Council would like to publicly thank the following businesses who d onated their services and merchandise to the Make a Difference Day. She encouraged the residents of the Town to support these generous business owners. She said that although not everyone was able to be present this evening, when she calls out the names she would like those who are present to come up and accept their certificates and remain up there for a picture. The Mayor called out the following businesses/individuals: * Noon Kiwanis * AZCO - Kelly Fifer * Republic Services z:\council packets\2014\r141120\141106m.docx Page 3 of 14 * Fountain Hills Cleaning Services - Mark Harness * Artistic Land Management * Starbucks - Maria * Four Peaks Rotary * Anytime Fitness Team * Premier Landscaping - Sandy Hellems * Paul's ACE Hardware * Roman Empire - Tim Romans * Father & Son LLC - Randy Beckland * Home Depot Vice Mayor Yates stated that the community homeowners who participated are very grateful to everyone who volunteered on that day. Town Manager Ken Buchanan recognized the members of the Make a Difference Day Planning Committee and commented on all of the various tasks that had to take place in order to make the event the success it was. He requested that the members present come forward as introduced to accept their certificates and remain up there for a picture. iii) Presentation of the Town of Fountain Hills' Comprehensive Annual Financial Report and associated reports for the fiscal year ending June 30, 2014, by Dennis Osuch, CPA, Principal with CliftonLarsonAllen LLP Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that pursuant to A.R.S. Statutes, Title 28, all of the cities and towns are required to conduct an annual Financial Audit (cop y available on line and in the office of the Town Clerk). Mr. Dennis Osuch, a Principal with CliftonLarsonAllen LLP, the Town's audit firm, provided background information and a brief overview of the Audit and noted that the firm's examination was conducted in accordance with Attestation Standards established by the American Institute of Certified Public Accountants and accordingly included examining on a test basis evidence about the Town of Fountain Hills compliance with those requirements as well as other procedures considered necessary. He advised that in the firm's opinion, the Town followed in all material respects, t he aforementioned requirements for the Fiscal Year ended June 30, 2014. He stated that the firm issued an unmodified opinion, which means that the financial statements were in accordance with generally accepted accounting standards. He discussed Control Deficiencies and Significant Deficiencies and said there were no Control Deficiencies and only one Significant Deficiency, which is outlined in the report provided to the Council. He fur ther stated that they issued an unqualified opinion on the Annual Expenditure & Limitation Report (the Town was in compliance with their Expenditure Limitation amount). He added that the HURF Report (Highway User Revenue Fund Report) was also looked at in samplings and the firm issued an opinion on that as well with no findings. He further stated that the Court Audit was also carried out and there was one finding noted in their report on that. He indicated his willingness to respond to questions from the Council. Mr. Osuch expressed his appreciation to Craig Rudolphy and his staff for their support and hard work. iv) Recognition of Finance Director Craig Rudolphy, CPA,CPFO,CGFM, who received a Certificate of Recognition from the Government Finance Officers' Association for its annual budget preparation for the Fiscal Year beginning July 1, 2014 and the Town of Fountain Hills' 13th Distinguished Budget Presentation Award. Mayor Kavanagh announced that Finance Director Craig Rudolphy received a Certificate of Recognition from the Government Financial Officers' Association for annual budget preparation for the Fiscal Year beginning July 1, 2014. She noted that this is the Town's 13th Distinguished Budget Presentation Award. Town Manager Ken Buchanan said that the Council has known Mr. Rudolphy for a while now and at first he volunteered his services, which the Town totally took advantage of using him as a full -time position. He stated that when the transition occurred for a new Finance Director, he seized the opportunity bring him on board. He noted that z:\council packets\2014\r141120\141106m.docx Page 4 of 14 Mr. Rudolphy is chiefly responsible for achieving the award and the Certificate of Recognition goes to him and his department for another good job in budget preparation. Mayor Kavanagh and the Council congratulated Mr. Rudolphy on this achievement and he thanked them for their recognition. CALL TO THE PUBLIC Town Clerk Bevelyn Bender advised that forty (40) speaker cards were submitted by individuals who do not wish to speak on the item, 39 of which are Fountain Hills residents. She advised that those residents want the Council to know that they support non-discrimination and there are an additional fourteen (14) speaker cards from people who wish to speak on this item. Following are the names of the residents who submitted cards in support of the item but did not wish to speak: Roberta Schmitz Crystalle Ebbinga Linda Ferrington Karen Downey Michael Maggio Bill Schweers Pam McNeill Terry Boos Gigi Lentz Dawn Schlum Ed Quinn Marianne Abrahamson Clifford Lentz Trudy Quinn Marion Wilson Kathie Kelly Peggy Yeargain-Williams Daniel Gallichio Pat Culliton Nick Duckro Larry Hall James Elam Kenne Glock Debbie Duckro Carol Hall Cynthia Wharton Emily Johnson Kathleen Dietz Joann Gallichio Nancy Blumenstein Kimberly Bartman Robert Francis Ann Elam Pat Presley-Spade Carol Hencz Veronica Francis Kathleen Sauser Sandra Wimmer Cynthia Magazine Jerry Ebbinga Following are the names of the residents who addressed the Council in support of putting a Non-Discrimination Ordinance on the next Council Agenda: Sherman Abrahamson Nelson Mendoza Alice Brovan Ann Schweers Martha Iskyan Judith Johnstone Larry Spade Susan Fallon Rev. David Fetten Alan Magazine (Councilmember Elect) Carol Comito DeDe Rudolphy The above speakers provided the following justification for this support: They are always asking what they can do to bring more people and businesses to Town and by saying they don't want to have this policy, they are putting a "road block" up; it is time that the Town does something positive and take s down any impediment; to date four cities have adopted anti-discrimination ordinances (Phoenix, Tempe, Flagstaff and Tucson); would be good for business and economic development; will promote tourism and good will; citizens want to feel proud of their community fo r establishing guidelines that bring about absolute honor and respect for all people; the gay/lesbian/bi-sexual/transgender is the only class of people who are not protected and unless the cities, towns and State do something, nothing will be put into place; the unfair hardships that so many members of this community face on a day -to-day basis; everyone should have equal treatment under the law and that is not currently the case; the importance of being tolerant of each other's views; it is a matter of conscience, morality and American values; the residents of the community should at least be held to the same standards our school children and teachers must abide by (the Fountain Hills Unified School District policy that addresses harassment, bullying, etc.); the Town's branding and the importance of underscoring the fact, through the adoption of a anti-discrimination ordinance that the Town is warm, welcoming and friendly; gay members of the community frequently feel that they have to live under cover; a resident's failure to understand the z:\council packets\2014\r141120\141106m.docx Page 5 of 14 logic behind "waiting for the State" to do something first and the importance of moving forward in a way that could benefit the people who live in and who visit their community and the businesses; concerns about bad publicity should the Council not decide to move forward with such an ordinance, concerns about economic development and bad publicity if the Council decided not to move forward with at least discussing this item in great depth in an effort to obtain more input from the Town's residents, the point that one of the Strategic Plan first initiatives identified by SPAC (Strategic Planning Advisory Commission) is Civility, fairness and good treatment for all, the observation of Councilmember Elect Magazine that he is not sure how he would vote on such an item but first all of the information and input must be provided in order to arrive at the right decision, so all people in Fountain Hills can have the same opportunities and be treated very equally, and the point that there were many others who could not be at the meeting who also want the Council to place this on a future agenda for further discussion (petition signed). Evelyn Munn expressed the opinion that the adoption of such an ordinance is not necessary and people are treated fairly. Public Safety personnel respond to everyone equally, there are bigger issues to be addressed and even as a senior citizen she has been the object of discrimination. Lina Bellenir addressed the Council and congratulated the Mayor and Senator John Kavanagh on their recent victories. She requested that the public receive a list of the issues/problems associated with EPCOR and possible health/fire risks associated with Smart Meters and the importance of looking into this. Mayor Kavanagh thanked everyone for their comments. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM OCTOBER 16, 2014. AGENDA ITEM #2 - CONSIDERATION OF APPROVING AN AGREEMENT BETWEEN THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, CHAPARRAL CITY WATER COMPANY AND THE TOWN OF FOUNTAIN HILLS RELATING TO THE CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE ASHBROOK WASH PROJECT WATER LINE RELOCATIONS. AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE FOURTH AMENDMENT TO THE HIKING AGREEMENT BETWEEN THE MCO PROPERTIES L.P. AND THE TOWN OF FOUNTAIN HILLS. Councilmember Hansen MOVED to approve the Consent Agenda as listed and Vice Mayor Cecil Yates 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 Vice Mayor Cecil Yates Aye Councilmember Cassie Hansen Aye Councilmember Tait Elkie Aye Councilmember Henry Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #4 - CONSIDERATION OF APPOINTING FOUR (4) CITIZENS TO THE STRATEGIC PLANNING ADVISORY COMMISSION, EACH FOR A 2-YEAR TERM BEGINNING NOVEMBER 6, 2014 AND ENDING NOVEMBER 5, 2016. z:\council packets\2014\r141120\141106m.docx Page 6 of 14 Mayor Kavanagh MOVED to appoint Lina Bellenir, Gerard Bisceglia, Peter Bordow and John W. Craft, Jr. to the Strategic Planning Advisory Commission, each for a 2-year term beginning November 6, 2014 and ending November 5, 2016 and Vice Mayor Yates SECONDED the motion. Mayor Kavanagh noted that Mr. Bordow has already served on the Strategic Planning Advisory Commission and thanked him for his willingness to serve again. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #5 - CONSIDERATION OF A SPECIAL EVENT APPLICATION FOR THE FOUNTAIN HILLS FARMERS MARKET AND ART ON THE AVENUE, PRESENTED BY DUTCHMAN'S HOLDINGS AND J. YATES ENTERPRISE, TO BE HELD WEEKLY FROM 11:00 A.M. - 5:00 P.M. ON THURSDAY ALONG THE AVENUE OF THE FOUNTAIN MEDIAN, FROM JANUARY 8 TO APRIL 9, 2015, WITH AN ADDITIONAL MARKET DATE OF MARCH 17, 2015. Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that the item is self - explanatory and either he or Rachel Goodman, Supervisor of Recreation, would be happy to respond to any que stions. He added that staff recommends approval. There were no citizens wishing to speak on this agenda item. Councilmember Elkie asked what steps were going to be taken to protect the grass (sod) and Mr. Buchanan stated that by the time the events begin, that should already be stabilized. Vice Mayor Yates MOVED to approve the Special Event License Application for the Fountain Hills Farmers Market and Art on the Avenue as presented and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 - DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING THE RENAMING OF THE AVENUE OF THE FOUNTAINS "MEDIAN" WITH FINAL NAME SUGGESTION, AS SUBMITTED BY PUBLIC SOLICITATION, COMPILED BY TOURISM STAFF. Town Manager Ken Buchanan addressed the Council relative to this agenda item and advised that the Council directed staff to conduct a survey and provide the public an opportunity to suggest names for the Avenue of the Fountains "median." He explained that Community Services staff utilized Survey Monkey on line and drop off suggestion boxes were set up at Town Hall and the Community Center. He indicated his willingness to respond to any questions from the Council. Mayor Kavanagh stated that she has received quite a few emails and been approached by residents requesting that the name not be changed. She read a paragraph from an email she received that she thought was very representative of the other comments she has heard urging the Council to embrace history and the name that is a lready there rather than changing it. The email also provided data printed in The Times indicating that 96% of the residents who responded to a non-scientific survey do not embrace changing the name. She said they have received quite a few suggested name s and added that she would like to know from the Council whether they would like to proceed with this or not. She advised that she hasn't heard that there is a great passion out there for changing the name and she is concerned that if they do change it they are also going to upset a lot of people. Councilmember Dickey commented that they don't know how many people actually participated in the survey. She reported that in looking at the submitted suggested names, there were 227 responses and 18 of them said to leave it alone. She further stated that this was a positive thing and a fun thing for her and she doesn't know how it became such an anger-provoking thing. Councilmember Brown clarified that they are not renaming the Avenue of the Fountain, they are just renaming the median. He stated that if you drive down Shea Boulevard you've got a 3' wide median that is full of weeds and now they have a median in Town that is absolutely gorgeous and if they are going to spend $1.5 million, they should not simply call it a median, they should name it because it deserves a name. z:\council packets\2014\r141120\141106m.docx Page 7 of 14 Mayor Kavanagh stated that the author of the email she referenced understands that they are talking about the median and in other parts of the letter he suggested calling it Avenue of the Fountains Park or something like that, retaining the Avenue of the Fountain's history. She added that he expressed the opinion that Plaza on the Avenue is nice or something along those lines and emphasized that Avenue of the Fountains is the name of the street, not the median. Councilmember Elkie agreed with Councilmembers Dickey and Brown that this was supposed to be something nice and it is something that was talked about for years. He said that it is no longer a median; it is a plaza, and a place for people to come and gather. He commented they were not renaming the Avenue of the Fountains only a place within the Avenue, which was a gathering place. Councilmember Leger advised that he has had a number of people approach him in a lot of different places, particularly Safeway, who were totally alarmed that the Council was going to "rename Avenue of the Fountains." He reiterated what had already been stated and emphasized that there is no plan to change that name but rather to give the median a name of its own, an identity. He noted that it took about ten years to actually make this goal a reality and enhance the community. He added that the Council asked staff to come up with some recommendations and they received 218 responses and the Town's Tourism staff (Rachael and Grace) did a good job putting a list of possible names together for the Council's review and consideration. He advised that he will not be influenced by non-scientific surveys that are conducted in any newspaper. He noted that he conducted research on this and no offense to The Fountain Hills Times and he appreciates the fact that they are doing outreach and asking for input from the citizens , but that particular feedback represented a percentage of their subscribers and about two-tenths of a percent of the population in Fountain Hills. He agreed that the median is no longer a median, it is a mall, a park that is just full of plazas. Councilmember Leger MOVED that they rename the median to the "Avenue of the Fountains Plaza" and Councilmember Elkie SECONDED the motion. Vice Mayor Yates requested that Grace and Rachael come forward and provide some input. Ms. Goodwin said that she would agree with Councilmember Leger's statements and with most of the comments that were made this evening. She stated that everyone seems to embrace the heritage of Avenue of the Fountains and agreed that it is no longer just a median, it is a place, a destination. Ms. Rodman-Guetter concurred with Ms. Goodwin's remarks, noted the various events that take place in that area and said a place where special events take place is more than a median. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2014-44, ORDERING THE SALE OF, NOT TO EXCEED, $8,200,000 PRINCIPAL AMOUNT OF TOWN OF FOUNTAIN HILLS, ARIZONA GENERAL OBLIGATION BONDS, SERIES 2014. Town Manager Ken Buchanan addressed the Council relative to this agenda item and noted that the voters in Fou ntain Hills approved a bond election on November 5th, 2013 and reported that the bond proceeds will provide the resources to reconstruct Saguaro Boulevard and that staff is recommending that the Council approve Resolution 2014-44 ordering the sum of, not to exceed, $8,200,000 principal amount of Town of Fountain Hills, Arizona General Obligation Bonds, Series 2014. He noted that the bonds will be sold with a maturity date of five years. He said that there are representatives from the Town's Investment Bankers and Bond Counsel present to answer any questions the Councilmembers might have. There were no citizens wishing to speak on this agenda item. Councilmember Leger stated that he remembers discussing this item many, many years ago and it is nice to be a t this point. He added that the Council did a good job downsizing the project and the voters were extremely supportive of it so he is anxious to bring this item to a vote. z:\council packets\2014\r141120\141106m.docx Page 8 of 14 Councilmember Dickey MOVED to approve Resolution 2014-44, ordering the sale of, not to exceed $8,200,000 principal amount of Town of Fountain Hills, Arizona General Obligation Bonds, Series 2014 and Councilmember Brown 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 addressed the Council relative to this agenda item and stated that he has nothing to report tonight but at an upcoming meeting he does want to discuss the fact that the League of Cities has put out a bulletin with a request for Councilmembers to consider serving on one of their seven sub committees. He added that staff will bring this to the Council for discussion. Mayor Kavanagh reported that they will be holding their first Executive Meeting on November 14th and after that she might have something to bring back. 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. i.) At the request of Councilmember Dickey, the topic of a non-discrimination policy has been listed on this agenda for discussion purposes for possible placement of this topic on a future agenda for discussion and possible action. Councilmember Dickey advised that she is aware of the fact that she is fairly limited in her remarks to the matter of whether to place a non-discrimination ordinance on a future agenda, not so much on the various merits of the ordinance itself. She stated that the most obvious/relative reason is the grass roots outpouring of support that they saw not only tonight but in emails and other contacts with residents (she personally received over 30). She pointed out that the original request to address a non-discrimination ordinance was received in February when the State was embroiled in the 1062 debate and the ultimate veto by Governor Brewer. She said that at that time she asked the constituency to postpone their consideration of the ordinance and they were okay and patient with her about that. She explained that her thought at the time was she didn't want to see something that in her view be so unifying potentially be used by both sides of the issue during their own local election, which took place in August. She said she thou ght she would be able to get it on an agenda shortly after the election in September and in fact was scheduled for October 2nd. She explained that one Councilmember cannot place an item on an agenda -- either the Mayor places an item on or the person who wants to place one has to get two or more Councilmembers to agree to do so and she was ultimately unsuccessful and that is why the item was placed on the agenda the way they are seeing it tonight. Councilmember Dickey further stated that another reason to put the ordinance on an agenda is because the local municipal level is the appropriate place to enact non-discrimination. She advised that while the Federal government provides some protections against unfair treatment of certain classes, Constitutional attorneys agreed during the 1062 discussions that even those protections could arguably be in jeopardy. She said it is also clear that the State of Arizona will not be inclined to expand or enhance equal rights in the near future and in fact an editorial from September 3rd that was in the Arizona Republic specifically called on cities to take the lead. She noted that earlier in the meeting they learned that Phoenix, Tucson, Flagstaff and Tempe have already passed theirs with Scottsdale in line -- they have already voted on the Unity Pledge and articles in the paper also note that Mesa and Glendale are due to consider it probably within the next month or so. Councilmember Dickey stated that an anti-discrimination ordinance would fall in line with the Town's Economic Development and Tourism efforts. She added that during the 1062 discussions they saw Barry Broome of the Greater Phoenix Economic Council (GPEC), a variety of chamber business leaders and consultants and the newspapers encouraging a veto citing the effect on the economy and their ability to at tract not only employers but visitors. She commented that the ordinance itself and its implementation including enforcement would be determined with ample opportunities for input and review by the public and the Council in order to customize it best for F ountain Hills. She z:\council packets\2014\r141120\141106m.docx Page 9 of 14 further stated that there would not be a significant budgetary increase and as with any budget, it would be weighed as always against the benefits. She noted that they would have a lot of resources to look at that including realistic comparisons to the other cities here and across the nation -- more than 150 that they could possibly find relevant to their circumstances. Councilmember Dickey advised that the three reasons she gave for asking the Council to consider placing an anti - discrimination ordinance on a future agenda include: * The obvious support from the Town's residents and businesses as noted tonight and through previous contacts; * The evidence that was discussed as to why it would definitely be appropriate to consider thi s ordinance on a municipal level, and * The potential economic, publicity and tourism boost, while not cost neutral, could be implemented in a way to ensure limited effects on the Town's resources Councilmember Brown stated that he assumes Councilmember Dickey is talking about a policy very similar to what Tempe has in place and said he has to ask whether the Town of Fountain Hills has the resources and staff to effectively administer such a policy and is it truly up to the Town to enforce such a policy. He noted that he doesn't believe that the Town has either the resources or the staff to administer a policy like this. He added that the community is a welcoming community and open for business and pointed out that they have been in business for 40 year s and will continue to be so -- a welcoming community that is open for business and people friendly. He further stated that he does not have the knowledge of the last 40 years but he does have knowledge of the last 19 years living and doing business in Fountain Hills and he has never once heard of a complaint. He commented that with that being said, and he totally respects everything that was expressed this evening in the form of support, he doesn't believe that the Town is ready for this. Councilmember Hansen advised that a number of weeks ago the Council received a rough draft of an ordinance based on Tempe that was somewhat modified and she shares Councilmember Brown's concerns about the enforcement of it and how they would go about doing that. She said she thinks what would be very important, as Mr. Magazine mentioned earlier, is the content of the policy. She added that perhaps it would be worthwhile to consider something more like the Unity Pledge -- something where the Council stands together and makes a pledge to the people both inside and outside the community that they do believe in equality for everyone. She referred to the gentleman who talked about the schools' policy that is in place and pointed out that it is great to have a policy in plac e but unless it is enforceable, which sometimes falls short, then it is not really effective. She added that however they move forward, whether with an ordinance a pledge or something, it certainly is worth the discussion of doing so in some form. Councilmember Leger thanked the members of the audience for their attendance this meeting. He advised that this is an issue that he has been contemplating for six months and it is one that engages people's hearts and heads and hopefully at the end of the day they will make a balanced decision in that regard. He said he thinks it is important to note that the Town currently has a non-discrimination policy in place, which was unanimously approved by this Council on August 1, 2013. He asked whether he was at liberty to read the policy. Town Attorney Andrew McGuire responded that he thinks it is within the bounds because it is addressing whether or not a further discussion of this topic is needed. Councilmember Leger stated that based on a lot of what he heard this evening, particularly from a gentleman who talked about a policy in the Town's own Unified School District, he came across something that the Council actually revised on August 1, 2013. He read the contents of Policy #103 which was revised on July 1, 2013 and approved on August 1, 2013, as follows, "The purpose of this policy was to define the Town of Fountain Hills' position regarding non-discrimination in all matters pertaining to employment throughout the organization. Statement of Policy: The Town provides equally for all applicants and employees. The Town does not discriminate on the basis of race, color, religion, gender, national origin, ancestry, medical status, sexual orientati on, age, physical and/or mental disability medical conditions or veterans' status. The Town also makes reasonable accommodation for disabled and for employees' religious observances and practices. It is the responsibility of every employee to cooperate with the spirit and intent of this policy. The Scope of the Policy: The scope of this policy applies to all applicants and employees throughout every aspect of employment relationships, including but not limited to recruitment, selection, training, z:\council packets\2014\r141120\141106m.docx Page 10 of 14 compensation, benefits, promotion, transfer, discipline, termination in any social and/or recreational programs or interactions." Councilmember Leger advised that this policy is on the Town's books to address non-discrimination. He stated that after reviewing many ordinances out there, the question for him is capability -- do they really have the reach, the resources and the capability to implement a policy similar to Tempe or even a watered down version that he has looked at which has some of the same issues around reach. He further stated that he believes, after reviewing this several times, that it is fair to say that this policy demonstrates a commitment to equality and inclusion by the Town and is a testament to the Town's dedication to non-discriminatory practices. He added that it outlines and defines a scope that can effectively be administered by the Town and similarly, there are numerous businesses in Fountain Hills across a number of business sectors that have inclusive non-discriminatory policies and practices already in place. He pointed out that those business sectors include grocery stores, pet stores, businesses that sell and rent housing, accommodations -- they have their own corporate policies that they do in fact implement. He stated it is not only a part of their employee policies, it is their culture. Councilmember Leger said that as he stated and as was stated by several Councilmembers the question is do they feel that they have the resources to reach and effectively administer a policy of this nature. He referred to a conversation he had with someone who spoke this evening and advised that the person cited examples of things that have occurred in Town that she considered to be discrimination and he viewed those examples more as huma n nature than discrimination. He said that the same examples she used he has been subject to as a Council person making unpopular decisions in Town. He advised that he hears what the residents are saying and he has read a lot of the ordinances. He added that the person he referred to above said that "people treat people ugly" and he said that is true and people also treat people very beautifully. He questioned whether municipal governance can legislate attitude and he stated that he is not sure that they can. He asked whether laws can legislate attitude and said possibly but they need to be able to enforce those laws and he is not quite sure that they are in a position today to do that for the whole community -- for them to be in the business of managing a human policy for every employer in this Town (that is a question he has). Vice Mayor Yates stated that he thinks everyone feels the same way as far as wanting to promote an all inclusive, friendly, open community. He read some quotes from local magazines and entities that looked at the Town and wrote that it was "pet friendly," "people friendly," "a welcome oasis on the outskirts of a metropolis," the Town has been named the "Best Suburb" and "Playful City USA" and those articles do not itemize or have sub texts of what type of folks that applies to -- it's all the folks. He advised that he truly does feel that Fountain Hills is open to everyone and he too did some research and found out that Fayetteville, Arkansas did this just two months ago and almost immediately, based on this type of ordinance, they had to hire a full-time person to deal with this. He added that if something does happen because people are feeling ugly towards one another and they feel there is a reason, there are resources -- the Arizona Department of Real Estate has a number that people can call if they feel they have been discriminated against in any manner. He noted that the ACLU (American Civil Liberties Union) can be contacted because they deal with issues such as this. He said that he would lean more towards what Councilmember Hansen said about some general statement but he truly does feel that when they start segmenting certain groups there is bound to be a group that they left out and that is not what they are all about -- the Town is all inclusive. Councilmember Dickey commented that they cannot legislate attitude but perhaps what Councilmember Leger was referring to was a reaction to an action or a response to an action that someone took. She noted that this is peoples' essence, they haven't done anything, it's just that their existence allows them to be discriminated against and maybe there are some companies that say that they will not discriminate but that is another issue, that is an employ ment issue that she really appreciates but there are many other businesses that can refuse service to and refuse to hire LG BT applicants just because of their sexual persuasion. She said it sounds like they are trying to figure out a way for everyone but a municipality to do this and 21 states have done it and 150 cities have done it. Mayor Kavanagh asked whether the Council is still okay as far as where the discussion has gone (they are only supposed to be deciding if they are moving this along) and Mr. McGuire replied that he believes they are dancing around the edge of the actual text of the ordinance, which is what will be discussed in the future (they are still within the bounds). Councilmember Dickey advised that the draft of the ordinance was mod eled after the one adopted by the City of Tempe but what they are doing if they don't at least agree to discuss it , is to give themselves information that is z:\council packets\2014\r141120\141106m.docx Page 11 of 14 available that eases towns of every size into something like this in a way that is affordable and does make sense for their town. She added that if they don't want to put it on an agenda they will never have the information to even decide something that they want to move forward on (like Mr. Magazine said -- he doesn't know which way he will vote on this issue). She questioned how any of them would know how they vote on it if they refuse to hear all of the options that could be available to a town like Fountain Hills. She stated that it sounds like the rest of the Council doesn't even want to hear the options even though they praise the fact that they have this as part of their employee hiring process and other companies have similar practices in place. She noted that the rule of law behind protecting all of these classes does not exist for certain people. The Mayor asked if there was any further discussion and no one came forward with any comments. Councilmember Dickey MOVED to place consideration of a non-discrimination policy on a future Council agenda. Councilmember Hansen asked whether that could be in the form of an ordinance, a policy, a pledge -- is the intent to leave the motion more open in that way? Councilmember Dickey replied yes, MOVE to place consideration of a non-discrimination policy on a future Council agenda. Councilmember Leger noted that a pledge is not necessarily a policy and a policy is not necessarily a pledge and said he is trying to clarify the question that Councilmember Hansen brought up. Councilmember Hansen asked whether it could be a little more broad and in that w ay it would be addressing options like Councilmember Dickey referred to -- discussing possible options. Councilmember Dickey asked Mr. McGuire whether policy has to have a strict definition and Mr. McGuire stated that they have a number of different things in Town that are adopted as ordinances, policies and others and a policy does not have a strict definition but it certainly has a character of a document or an action that the Town has typically taken like the Personnel Policy Manual. He added that it means something more than just a statement. Councilmember Dickey expressed the opinion that by putting it this way a pledge or any action that they would decide to take in the future would indeed be a policy that they are adopting so that is the way she means it. Councilmember Hansen commented that when she thinks of a policy she thinks of something that, if violated, will result in repercussions and she was looking for something that didn't necessarily have that feeling of enforcement behind it. She agreed that some of the Councilmembers share the concern about how they would do that. The Mayor asked if there was a second to the motion. Councilmember Hansen SECONDED the motion but said she has to feel that they have flexibility and they are opening the door more for discussion and to find out what their options are. Councilmember Elkie requested that the motion be stated once again. Councilmember Dickey MOVED to place consideration of a non-discrimination policy on a future Council agenda. Councilmember Hansen MOVED to amend the motion to include discussion of a non-discrimination pledge and after a brief discussion, Councilmember Hansen stated she WITHDREW her second to Councilmember Dickey's motion and MOVED to approve putting the discussion of a non-discrimination policy, pledge, which died for lack of a second. Councilmember Dickey MOVED to place consideration of a non-discrimination policy or plan on a future Council agenda and Councilmember Hansen SECONDED the motion. Councilmember Elkie commented that he has listened to what the residents and the other members of the Council have said regarding this issue and said that he shares some of the same concerns that have been expressed, mainly the enforcement because of the cost. He noted that three of the largest cities in Arizona and Tempe (largest in population) z:\council packets\2014\r141120\141106m.docx Page 12 of 14 have passed an ordinance and he hasn't seen enough yet to see what that effect is going to be and what that will be as far as the Town is concerned. He questioned what the Town would be responsible for doing. He said that when this was first brought up to him he was kind of surprised and said "really ... there is a problem in Town as far as discrimination in some of our businesses?" He pointed out that they are seeing businesses closing left and right and they talk about bringing people into Town to shop and do business and in the summer months they don't have to wait in line if they hang around. He stated that he was kind of surprised and he felt like it was a s olution in search of a problem and he knows it is not that simple. He expressed the opinion that he is not sure they are ready for a non- discrimination ordinance but he does believe that some type of Unity Pledge or Proclamation, baby steps for the Town where you don't get everything that you want, would be appropriate because he doesn't want people walking away tonight and having it be reported that the Town is not open for business if you are lesbian, gay, bi -sexual or trans- sexual because that just isn't the case and that is not how he thinks any of the Councilmembers feel (but perhaps he shouldn't speak for everybody). Councilmember Elkie MOVED to AMEND the motion and request that it be placed on a future agenda for discussion regarding a Unity Pledge or some type of Proclamation regarding this issue and Councilmember Brown SECONDED the motion. Mayor Kavanagh asked whether there is any discussion on the amendment and Councilmember Dickey said that her motion was seconded but now it's being amended but it is totally different and the Mayor concurred with her comment. Councilmember Dickey commented that they are basically saying that it doesn't have to be a plan -- it can be a Proclamation and asked if a plan is too strong. Councilmember Hansen responded that a Proclamation would be a plan -- any kind of action would be a plan of action. She added that she thought the word plan left it fairly open and Councilmember Dickey said that she did too. Councilmember Dickey noted that her motion was amended to pass a Proclamation and Councilmember Hansen clarified that she seconded the addition of the word plan. Mr. McGuire advised that they should vote on the amendment first. Councilmember Dickey commented that if she votes yes on the amendment she doesn't want the main motion to necessarily go away so she has to vote no on the amended motion. Mr. McGuire clarified that a yes vote on the amendment would amend it to be a Proclamation as Councilmember Elkie has moved and a no vote would take them back to the main motion, Councilmember Dickey's motion which was seconded by Councilmember Hansen. He confirmed that if the amended motion passes then there would not be a main motion any more. Mayor Hansen clarified that Councilmember Elkie's amendment is for a Proclamation and asked whether there is any enforcement involved or is it just a statement? Councilmember Elkie advised that it was meant to be something similar to what he heard about Scottsdale doing a Unity Pledge or a Proclamation regarding the Town of Fountain Hills as a whole on this issue. The Mayor commented that she doesn't know what Scottsdale said so that is not clear to her. Mayor Kavanagh called for a roll call vote on Councilmember Elkie's amendment and one was taken with the following results: Vice Mayor Cecil Yates Nay Councilmember Ginny Dickey Nay Councilmember Cassie Hansen Nay Councilmember Dennis Brown Aye Councilmember Tait Elkie Aye Councilmember Henry Leger Nay Mayor Linda Kavanagh Nay The motion FAILED by majority vote (5-2) with Councilmembers Brown and Elkie voting Aye. z:\council packets\2014\r141120\141106m.docx Page 13 of 14 Councilmember Leger advised that he would like to make an amendment to the original motion. Councilmember Leger MOVED to amend the motion utilizing the language "a non-discrimination policy, pledge or statement." He stated that he is taking what Councilmembers Dickey, Hansen and Elkie said and just basically saying to move forward with a discussion that would incorporate and give the options of an ordinance, pledge or statement. He added that the reason why he is clarifying that is because if they go here he doesn't want people coming back expecting an ordinance -- it may be an ordinance, it may be a pledge or it may be a statement -- it gives the Council the latitude. He said he thinks it also gives all of them the latitude to actually drill down and research the policies that are out there and look at the possibility and the probability of implementing one. He invited each and every one of the members of the audience to do that as well. He noted that this is a very complex issue. Councilmember Hansen SECONDED the amendment to the motion. Mayor Kavanagh said that her only question to that is since they already have one for the Town (read by Councilmember Leger) is this one that they are talking about that they are going to be implementing that is going to have consequences for the rest of the Town so that they are going to have to enforce them or are they just repeating what they already have? She advised that she is really unclear -- they already have one for the Town so is Councilmember Leger suggesting one now for the rest of the Town that will include the business community and everyone else, and then who is going to enforce it? Councilmember Hansen commented that it doesn't necessarily include enforcement -- they don't know that. Councilmember Leger asked whether the Mayor is asking him a question and she responded that she is asking him to clarify the motion. Councilmember Leger clarified that it provides options for the Council to talk about an ordinance and ordinances are subject to enforcement. He further stated that it provides them the option to talk about a pledge, which is not subject to enforcement and talk about making a statement, which is not subject to enforcement. He added t hat it provides them an opportunity to leverage the statement that they already have which is in fact an ordinance -- a Town policy -- that is enforced and has consequences. Mayor Kavanagh said that it appears to be similar to what they have right now in the Town policy but Councilmember Leger is proposing that it be enforceable for the rest of the Town. Councilmember Leger advised that if they decide that they want to have an ordinance then the ordinance by nature is enforceable for the whole Town while a pledge or a policy typically does not get into the realm of enforcement. Councilmember Dickey pointed out that Councilmember Leger read from the Town's Employment Policy and it is saying that the Town won't discriminate on who they hire and Mr. McGuire concurred with that statement. Councilmember Dickey noted that that policy is good for what it does but it has nothing to do with public accommodations and transportation or any of the other items that they are talking about. She stated that she appreciates what Councilmember Leger is doing -- keeping it open -- because they don't know what will be presented but it provides an opportunity to get information and try to make it acceptable or not and an opportunity to look at it in a thorough way, it opens it up but it doesn't force them into doing anything because they really don't know what it will look like yet. A roll call vote was taken with the following results: Councilmember Cassie Hansen Aye Councilmember Henry Leger Aye Vice Mayor Cecil Yates Nay Councilmember Tait Elkie Aye Councilmember Dennis Brown Aye Councilmember Ginny Dickey Aye Mayor Linda Kavanagh Nay The motion CARRIED by majority vote (5-2) with Mayor Kavanagh and Vice Mayor Yates voting Nay. z:\council packets\2014\r141120\141106m.docx Page 14 of 14 AGENDA ITEM #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. Mayor Kavanagh noted that a resident requested that on a future agenda they give an update on the lawsuits with EPCOR and also conduct an investigation on Smart Meters. AGENDA ITEM #11 - ADJOURNMENT Vice Mayor Yates MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:25 p.m. TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 6th day of November, 2014. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of November, 2014. _____________________________ Bevelyn J. Bender, Town Clerk