HomeMy WebLinkAbout2015.0305.TCRM.Minutesz:\council packets\2015\r150319\150305m.docx Page 1 of 12
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 5, 2015
* 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 – Mr. Bob Turner of the Baha'i Faith of Fountain Hills
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Cecil
Yates, Councilmember Cassie Hansen, Councilmember Nick DePorter, Councilmember Dennis Brown,
Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney
Andrew McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR’S REPORT
i) Rotation of the Vice Mayor position to Councilmember Dennis Brown, pursuant to Section 2-2-2 of the
Fountain Hills Town Code, that each member of the Council, except the Mayor, shall serve an eight-month
term as Vice Mayor and shall perform the duties of the Mayor during his/her absence or disability.
Mayor Kavanagh advised that they will now rotate the Vice Mayor's position from Cecil Yates to Dennis Brown and
congratulated Vice Mayor Brown on his appointment.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh advised that she attended both the MAG (Maricopa Association of Governments) Regional and
Economic Development meetings. She said that companies looking to locate in Arizona need to know about the labor
force that is available in order to help them decide whether to move their business here or start a new business. She
reported that MAG has initiated a pilot program to accumulate dat a on students who have graduated with various
degrees and who are living in Arizona and of those who graduated from ASU, almost 70% have chosen to live and
work here -- she added that more schools will be studied in the future. The Mayor stated that another important issue
brought up at the EDC meeting concerned agriculture in the southern portion of the state. She commented that
everyone knows about the state campaign to "Buy Local" and noted that that seems to be in jeopardy because of
Federal banking regulations concerning cross border transactions that are causing bank branches in that part of the
state to close. She advised that the Federal regulations were initiated to stop money laundering but, unfortunately, the
unintended consequences are that banks would rather pull out completely than continue to finance agricultural
enterprises, even those that have been there for generations. She said that Senator McCain has been reaching out to
banking institutions to get them to return to the southern area. She further stated that there was not much to report on
the GPEC (Greater Phoenix Economic Council) meeting, it continues under new leadership (Chris Camacho was
confirmed by the Board as the new Director). She noted that Director Camacho has some new ideas about the focus of
GPEC. She advised that in Fountain Hills' favor, he wants to strengthen and enhance Community Partnerships with
smaller municipalities and offer them more assistance in economic development.
ii) Presentation by Town Manager Ken Buchanan and Finance Director Craig Rudolphy regarding the
Town's Budget Report for all funds for the Quarter ending December 31, 2014.
Finance Director Craig Rudolphy addressed the Council relative to this agenda item and noted that a lot of his
presentation will be a repeat from the Mayor's State of the Town address.
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Mr. Rudolphy proceeded with the PowerPoint presentation (Copy available on line and in the office of the Town
Clerk), which touched on the following topics and he provided brief overviews/information of each:
* Quarterly Finance Report (2nd Quarter Ending December 2014)
* Operating Fund Revenues by Source through December 31, 2014
* Local Sales Tax - Local Sales Tax Retail, Restaurant, Telecon and Construction
* Operating Fund Expenditures by Department (Six months ending 12/31/14)
* Highway User Revenue Fund (HURF)
* Restricted Funds
* Finance Summary
Mr. Rudolphy advised that Operating Fund revenues and expenditures are facing challenges in the current year. He
reported that Reserve Fund balances remain acceptable for all funds and Operating Fund revenues are 3.6% under
budget but higher (6.3%) than last fiscal year. He noted that Operating Fund expenditures are 5.7% over budget and
11.6% higher than last fiscal year. He further stated that Pavement Management remains a priority and is funded
through HURF and Vehicle License Tax revenues. He stated that local economic indicators remain stable.
Mr. Rudolphy indicated his willingness to respond to questions from the Council.
Councilmember Leger stated that Mr. Rudolphy mentioned on two occasions that expen ditures for 2014 compared to
2013 were 11% higher and asked what that is attributed to.
Mr. Rudolphy responded that a lot of it is due to the increase in public safety and he is guessing that that has made the
biggest impact. He stated that he would research the issue and provide the Council with any additional information
that he finds relative to this.
Councilmember Magazine pointed out that restaurants appear to be doing well based upon historical data and given the
fact that the winter visitors will soon be leaving, he would like to know whether Mr. Rudolphy has any sense of what it
might look like at the end of the year.
Mr. Rudolphy replied that given the fact that this is his first year with the Town and not having the history, his crystal
ball does not go out that far for him yet.
Councilmember Magazine asked if staff could take a look at the last couple of years in an effort to try and get a feeling
for how that might look at the end of this year and Mr. Rudolphy stated that he would do that.
Councilmember Yates thanked Mr. Rudolphy for the very informative presentation and said that since they are
showing that they are underfunded, he would like to know how they are going to make up for that gap (across the
board cuts?).
Mr. Rudolphy commented that from what he has seen as of the end of February things have picked up and they are
now running roughly equal to what they had last year and they are relatively close to making budget. He added that at
the current time he is not expecting that the Town will have to do any cutting.
Town Manager Ken Buchanan explained that staff will look at what they might need to cut back on or reduce to make
sure that the expenditures balance with the revenues that they see coming in. He added that to Councilme mber
Magazine's question, there will definitely be a drop, that is just how it works.
Mayor Kavanagh said that it sounds as though basically staff thinks that this is all going to balance out but is not sure
and asked whether staff is anticipating that the Town will be in trouble next year.
Mr. Rudolphy advised that initial projections showed the Town being in a deficit position of between $250,000 and
$300,000 so staff is currently working to reduce projected expenditures in order to balance the budge t. He added that
his projections going forward for every fiscal year year indicate a shortage for the Town in excess of $300,000 to
$500,000.
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Mayor Kavanagh asked whether some options would be presented as far as where to cut and Mr. Buchanan said that he
will give the Council his recommendation for a balanced budget. He noted that half of the operating fund is public
safety and there will be increases in both areas (law enforcement and fire protection). He added that staff is looking at
the "got to haves" and the "want to haves" and at the end of the month he will give the Council a recommendation on
what should happen in order to balance the budget. He pointed out that to balance it he just has the other portion of
that operating fund (Development Services, Community Services and Administration), which was challenging.
Mayor Kavanagh thanked Mr. Rudolphy for his presentation.
CALL TO THE PUBLIC
Town Clerk Bevelyn Bender advised that there were no requests to speak under this agenda item.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM FEBRUARY 5 AND 19, 2015.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION FOR DESERT DIAMOND DISTILLERY (JOHN PATT) TO BE LOCATED ALONG
AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH THE FOUNTAIN HILLS FINE ART AND
WINE AFFAIRE, FROM 10:00 AM TO 6:00 PM DAILY, FROM FRIDAY, MARCH 13, THROUGH
SUNDAY, MARCH 15, 2015.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION FOR ARIZONA STRONGHOLD VINEYEARDS (JUSTIN OVE) TO BE LOCATED
ALONG THE AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH THE FOUNTAIN HILLS FINE
ART AND WINE AFFAIRE, FROM 10:00 AM TO 6:00 PM DAILY, FROM FRIDAY, MARCH 13
THROUGH SUNDAY, MARCH 15, 2015.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION FOR PASSION CELLARS (ARLENE DAMONICO) TO BE LOCATED ALONG AVENUE
OF THE FOUNTAINS IN CONJNCTION WITH THE FOUNTAIN HILLS FINE ART AND WINE
AFFAIRE, FROM 10:00 AM TO 6:00 PM DAILY, FROM FRIDAY, MARCH 13, THROUGH SUNDAY,
MARCH 15, 2015.
Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED
the motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Alan Magazine Aye
Vice Mayor Dennis Brown Aye
Councilmember Cecil Yates Aye
Councilmember Cassie Hansen Aye
Councilmember Nick DePorter Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY (7-0).
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REGULAR AGENDA
AGENDA ITEM #5 - CONSIDERATION OF THE REQUEST BY THE PUBLIC ART COMMITTEE TO
ACCEPT A DONATED BRONZE SCULPTURE TITLED, "VIGILENCE" FOR PLACEMENT IN
FOUNTAIN PARK, AND THE PUBLIC ART COMMITTEE'S REQUEST FOR $2,000 FROM THE PUBLIC
ART FUND TO BE USED TOWARDS THE COST OF THE BASE.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and advised that the
Public Art Committee is requesting that the Town accept the sculpture titled, "Vigilance" for placement i n Fountain
Park. He said that the artist is Dave Lamure, Jr., and the piece has a value of $78,000 with a negotiated price of
$45,000. He further stated that the Public Art Committee is requesting $2,000 from the Public Art Fund to be used
towards the cost of the base and added that there will be an annual cost of $335.40 to insure the piece. He referred to a
picture of the proposed base and explained that it is fairly involved and has some lettering/verbiage on the bottom,
which adds to the cost of the base. He noted that under the Town's Public Art Master Plan, if a piece of art is being
donated, the Town is responsible for the base and in this case they are only requesting $2,000 and although an estimate
has not yet been received, they know it will be in excess of that amount. He stated that placement would be adjacent to
the Amphitheater. He indicated his willingness to respond to any questions from the Council and added that Mr. Miles
and Jean Linzer from the Public Art Committee are also present this evening.
Councilmember Leger pointed out that this is probably one of the first pieces of art where language has been
incorporated and asked if there will be any additional plaques accompanying this piece of art.
Mr. Mayer replied that 99.9% of the time, with the exception of the pieces that were associated with the Presidents, it
typically is donor driven -- typically says "Donated by" or " In Honor Of" but there have been some exceptions so he
will turn it over to Mr. Miles.
Councilmember Leger stressed that the $2,000 for the base, if approved, would come out of the dedicated Arts Fund, a
separate fund specifically set up for that purpose.
Mr. Miles addressed the Council and stated that it is his understanding that there would be a plaque naming the piece
of art, the donor and the date.
In response to a question from the Mayor, Mr. Miles confirmed that this is a new artist as far as the Town goes and
they are very grateful to Dorothy Ware who has written a very substantial check to cover the cost of it. He provided
data on the number of different pieces of art that now adorn the Town (140 total pieces).
Councilmember Magazine stated that the art collection is a tremendous asset to the Town and thanked Mr. Miles,
Jackie and all of the donors and members of the Public Art Committee. He commented on the fact that there has been
a controversy in Town which he thinks is being taken care of. He added that he knows that the practice has been that
the Public Art Committee reviews items, then they go to staff and staff comes to Council and what they get is basically
a photo and a proposal for placement. He said that he and Mr. Miles have discussed this and he believes that Mr.
Miles agrees with his suggestion that if a piece of art contains any descriptive information or quotes, that that
information as well should be brought before the Council.
Mr. Miles replied that he would leave that up to the Mayor but one thing he would point out is if they had brought
Thomas Jefferson then all of the members of the Council would have been responsible for going through and looking
up all of those pieces of quotations and making sure that they were accurate. He advised that one person has told them
that seven out of the eight quotations were inaccurate, another said that seven out of eight were accurate and another
told them that four are accurate and four are questionable and asked whether they want to take that challenge on.
Councilmember Magazine responded that he thinks that the Council is ultimately responsible and he thinks when they
get that information they could ask staff to do whatever research needs to be done, talk to the Public Art Committee,
etc. He explained that the purpose is to try and avoid controversy in the future, which might be impossible but he
believes that the Council is ultimately responsible to ensure that there are no problems.
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Mr. Miles stated that he has never been anxious to avoid controversy since the day he sat up th ere in Mayor
Kavanagh's seat and unless they can come up with a democratic donor, they are not likely to have another President
because they have run out of the major Republicans and so he is saying publicly that they welcome Democratic donors
who would like to buy Kennedy, Truman or FDR but so far no one has been forthcoming. He added that since
Councilmember Dickey is no longer here he can't ask her if she could come up with one so he will leave it up to the
Council and staff as to whether they want to view it when it comes to a plaque that simply says, "Donated By, " "In
Honor Of," etc. He said when and if they ever have another Presidential piece or a dignitary piece like Churchill, he
will leave it up to staff or the Mayor as to whether the Council wants to review it. He added that that is totally the
Council's call and he has no objection to it. He advised that he was a bit annoyed by all of the publicity that this got
because the problem had been solved before it ever hit the paper.
Mayor Kavanagh commented on the extensive amount of pieces of art that are displayed in the Town and pointed out
that this is the first time that they have had any type of a controversy and she thinks that the Public Art Committee is
doing an excellent job and she would like them to continue doing that job. She stated that they saw the problem, they
investigated it, and they fixed it and had it not been circulated on Facebook, it would have been solved before anyone
even knew about it. She added that sometimes internally is the best way of handling things so they don't get
unnecessary, bad publicity. She also thanked Mr. Miles for negotiating the price of the piece -- she stated that he never
says that he is the one who does that, but she knows it is -- and he has gotten the Town some wonderful pieces at some
great prices. She further stated that it is exciting to have a new artist in the picture and thanked Mr. Miles and the
members of the Public Art Committee for their hard work.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to approve the request by the Public Art Committee to accept a donated bronze
sculpture titled, "Vigilance" for placement in Fountain Park and $2,000 from the Public Art Fund to be used towards
the cost of the base and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY
(7-0).
AGENDA ITEM #6 - CONSIDERATION OF THE REQUEST BY THE PUBLIC ART COMMITTEE TO
ACCEPT A DONATED BRONZE SCULPTURE TITLED, "SECOND MESA MAIDEN" FOR PLACEMENT
IN FOUNTAIN PARK.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and advised that the
Public Art Committee is requesting that the Town accept the bronze sculpture titled, "Second Mesa Maiden" for
placement in Fountain Park. He noted that the artist is Martha Pettigrew and the piece has a value of $12,000. He
added that there will be an annual cost of $51.60 to insure the piece. He said that there is an existing base in the Park
where the piece would be placed. He indicated his willingness to respond to any questions from the Council.
Mayor Kavanagh asked whether this piece is being donated by the artist and Mr. Miles advised that the price of the
piece had been negotiated from $12K to $2K.
Mayor Kavanagh commented that they all know Martha Pettigrew and noted that the Town has other pieces on display
by this artist.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Brown MOVED to approve the request by the Public Art Committee to accept a donated bronze sculpture
titled, "Second Mesa Maiden" for placement in Fountain Park and Councilmember Yates SECONDED the motion,
which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 - CONSIDERATION OF APPOINTING ONE (1) CITIZEN TO SERVE ON THE
MCDOWELL MOUNTAIN PRESERVATION COMMISSION FOR A TERM BEGINNING MARCH 9, 2015
AND ENDING DECEMBER 31, 2017.
Mayor Kavanagh MOVED to appoint Stan Ruden to serve on the McDowell Mountain Preservation Commission for a
term beginning March 9, 2015 and ending December 31, 2017 and Vice Mayor Brown SECONDED the motion.
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There were no citizens wishing to speak on this agenda item.
(Mr. Ruden was not present in the audience.)
Town Attorney Andrew McGuire advised that for the Council's information this appointment is including the
exception to the residency rule because Mr. Ruden is a Scottsdale resident. He said that this committee is one that has
a "reach across the mountains" and the Mayor concurred.
Mayor Kavanagh announced that Mr. Ruden has a long history of involvement with the Preserve and thanked him for
his service.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2015-07, ADOPTING THE TOWN OF
FOUNTAIN HILLS' GRANT ADMINISTRATION POLICY.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and advised that this is a new policy
that establishes uniform policies for the departments to follow when applying for and accepting grants, sponsorships or
donations. He noted that the policy describes the grant administration process, identifies roles and responsibilities,
provides definitions of the terms and it outlines the purpose for submitting grants as part of the Town's overall
fiduciary responsibilities. He further stated that staff's recommendation is to approve the policy.
Mayor Kavanagh said that everyone has received a copy of the proposed policy in their packets.
Councilmember Magazine asked whether it is generally accepted practice to have at least two people sign off when
drawing down funds up to a certain amount and stressed that this is a protection measure for staff.
Mr. Buchanan replied that there are three people who review the bills and all thr ee signatures are required for payment
(Mr. Buchanan, Mr. Rudolphy and Mayor Kavanagh).
Councilmember Léger MOVED to approve Resolution 2015-07, adopting the Town of Fountain Hills' Grant
Administration Policy and Councilmember Magazine SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2015-04, DESIGNATING THE ISLANDS IN
THE FOUNTAIN PARK LAKE AS NATURAL GREEN AREAS.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and provided brief
history on the three islands in Fountain Park lake (Great Blue Heron Island, Shore Bird Island and Duck Island). He
said that the islands had been maintained for years by MCO and later by the Town and the Town's role consisted of
having the landscape contractor visit the islands twice annually to remove weeds and trim the islands back to give
them a more landscaped look. He stated that several year s ago local resident Bill Schmitt approached the prior Park
and Recreation Commission to request that the islands be maintained more as natural areas due to their attractiveness
in a desert environment for wildlife. He added that Mr. Schmitt also agreed t o assume the responsibility along with
other volunteers to maintain the islands by removing weeds and replanting some native vegetation on the islands. He
explained that over the last several years, Mr. Schmitt and his volunteers have continued to maintai n the islands as
natural areas and Mr. Schmitt's request is to have the Council officially designate the islands as natural areas. He
advised that staff recommends approval of the Resolution.
Mr. Schmitt addressed the Council and commented that there have always been lots of suggestions about what should
be done with the islands but when he and many, many other residents and visitors walk around the lake and see all of
the wildlife that exists out there, it is pretty amazing. He said that the islands attract many people every day of the year
and referred to photographs displayed in the Chambers. He further stated that many people move to Town because
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they like nature and he and his group of volunteers have put a lot of time and effort into making and kee ping the
islands attractive. He said that he has talked to a lot of people and he serves on the Sonoran Conservancy Board and
they have agreed that it is a worthwhile project and have offered to provide manpower in the future for th e work. He
added that they have also talked to the Greening Committee and he is going to ask Mr. Butler to come forward shortly.
He stated that the resolution provides recognition that what is being done out there is worthwhile and he hopes it will
also help him raise some money for signage that will help guide people in looking at things more carefully. He noted
that the newly created Community Services Advisory Commission supports the request and asked for the Council's
support as well.
In response to a question from the Mayor, Mr. Schmitt reported that he and his group of volunteers have been working
on the islands for four to five years now at no cost to the community.
Mr. Butler addressed the Council and provided brief background information on the Greening Committee, which was
organized in 2009 and commented that the Committee has been very supportive of what Mr. Schmitt has wanted to do.
He said that on behalf of the Greening Committee they support the resolution.
Mr. Schmitt provided additional information relative to the islands and the wildlife that they attract and indicated his
willingness to respond to any questions.
Councilmember Leger thanked Mr. Schmitt and his group of volunteers for their hard work and their vision. He stated
that perhaps the various wildlife species will represent another aspect of tourism for the Town and Mr. Schmitt agreed
and added that they needed to have good signage.
Discussion ensued relative to locations for the signage in the future, the fact that the islands have different hab itats, the
Mayor's suggestion that perhaps the Greening Committee could help with the signs as well as Mr. Mayer because he
can attest to the fact that the water does a number on signs; the fact that Mr. Schmitt has 30 to 40 volunteers who help
out (they are not formally organized) and the fact that the Scottsdale Realtor's Group involving all of the Town's
realtors has really helped out a lot over the past few years.
Mayor Kavanagh thanked Mr. Schmitt and his group of volunteers and the Greening Committee for their hard work
and efforts to enhance the beauty of Fountain Hills.
There were no citizens wishing to speak on this agenda item.
Councilmember Hansen MOVED to approve Resolution 2015-04, establishing the Fountain Lake islands as natural
areas and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #10 - DISCUSSION AND CONSIDERATION OF APPROVING ACTION STEPS
RECOMMENDED AT THE JANUARY 29, 2015 COUNCIL RETREAT.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that they have in their
packets a Summary of the Council Retreat that was held on January 29, 2015. He advised that the Council made
recommendations regarding Action Steps that they would like to see during the upcoming year. He stated that staff is
seeking approval of the proposed Action Steps as outlined in the March 2nd memorandum from him contained in the
Council's packets. He added that staff's recommendation is to approve the Action Steps as outlined in the
memorandum, which delineates a Work Plan for the coming year.
Mayor Kavanagh thanked Mr. Buchanan and stated that he did a great job in putting this together -- it was very clear
and covered all of the points that the Council came up with during the Retreat.
Councilmember Hansen referred to Page 11 of the Summary - Circulation, Lighting, Safety Issues on Avenue of the
Fountains and noted that it says that the Town Engineer will review Verde River Drive to determine if it warrants a
Stop Sign. She commented that she just wanted to re-emphasize that the discussion also included the fact that they
really changed the use of that area since making all of the improvement s. She added that she wants to be sure that that
information is part of the evaluation process.
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Mr. Buchanan responded that staff will make sure that that happens.
Councilmember Magazine MOVED to approve the Action Steps recommended at the January 29, 2015 Council
Retreat and Councilmember DePorter SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Brown commented that after listening to information on the Town's financial situation and the shortage of
staff to take care of what they are doing, he would like to recommend that the zoning not be included in preparation of
the Town owned 15 acres of property at Four Peaks Plaza, Tract A. He advised that he and Councilmember Yates
have both been working on that and they have been looking at the viability of whether it is even possible to put
something up there and Councilmember Yates has even had an excavator go out there. He further stated that staff has
provided them with topographical maps that allow them to act ually do some diagramming and see where the retaining
wall would be. He added that at this point in time he would rather not see staff take the time to work on that.
Vice Mayor Brown advised that he also doesn't think that the Council or staff can do an ything about accelerating the
development of the Ellman Company's Master Plan Development and thinks that that other than an occasional call to
ask how things are going, that would be a big waste of time. He pointed out that this is dead in the water until Ellman
either gives it up or pays up. He further stated that as far as the Wayfinding Signs, he and Councilmember Yates have
been investigating the possibility of utilizing the existing signs, re -facing them, and so he would like that taken off of
staff's plate. He added that he has heard that the Town Attorney has stated that establishing a Council liaison for select
Fountain Hills' organizations would not be a good thing and he would like to think that they would not take any staff
time to work on that. He said that he doesn't think they need to modify the Fountain run times any more, he thinks
they have worked that horse over pretty good. He stated the opinion that they should just let that settle for now and
bring it back up when they have the staff and a little more time to talk about it. The Vice Mayor said that those are his
amendments.
Councilmember Magazine stated that as the maker of the original motion he would accept and include in the motion
the amendments as outlined by Vice Mayor Brown and Councilmember DePorter, who seconded the motion, agreed
with this action.
The motion, which includes all of the amendments proposed by Vice Mayor Brown, CARRIED UNANIMOUSLY
(7-0).
AGENDA ITEM #11 - CONSIDERATION OF RATIFYING STRATEGIC PLANNING GOALS AND
OPERATIONAL PRIORITIES FOR FY 2015-16.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that part of the January 29th
Council Retreat was to review the Town's current Operational Priorities as well as discus sion on the current Strategic
Planning Goals in the Strategic Plan and the recommendations from the Strategic Planning Advisory Commission
(SPAC). He said that these have been included in the Council's packets for ratification by themselves (Copy available
on line and in the office of the Town Clerk). He briefly outlined the Operational Priorities (FY 2014-15 and FY 2015-
16) and the SPAC's recommended Strategic Planning Goals (FY 2014-15 and FY 2015-16). He stated that staff
recommends approval and indicated his willingness to respond to any questions from the Council.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to ratify Strategic Planning Goals and Operational Priorities for FY 2015-16 as
recommended at the January 29, 2015 Council Retreat and Vice Mayor Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #12 - SEMI-ANNUAL REPORT ON THE PROGRESS OF IMPLEMENTING COUNCIL'S
STRATEGIC PLANNING GOALS AND OPERATIONAL PRIORITIES FOR FY 2014-15.
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Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that the report contained in
the Council's packets is self-explanatory. He noted that the Strategic Plan calls for status reports on the Strategic Goals
and indicated his willingness to respond to any questions from the Council.
Councilmember Magazine commented on the fact that the Council will be holding a joint meeting with the SPAC
(March 31st) and asked if they would be coming back to the Council after they receive direction on how to update the
plan.
Mr. Buchanan replied that those are two separate issues -- this one is the current plan and after five years, the SPAC is
to start discussing with the Council what they want to do with the next Strategic Plan and that is what will be discussed
on the 31st.
Councilmember Magazine said he is just wondering whether staff will continue to work on any of these prior to the
SPAC taking a closer look at the next five years.
Mr. Buchanan advised that staff uses the Operational Priorities and the Strategic Planning Goals as guiding documents
for the development of the budget. He added that if the Council and the SPAC come to an agreement and determine
that it needs to have a full update, that is going to take quite a bit of time (the last one took two years).
Councilmember Leger MOVED to accept the Semi-Annual Report on the progress of implementing Council's
Strategic Planning Goals and Operational Priorities for FY 2014-15 and Councilmember Magazine SECONDED the
motion.
Town Clerk Bevelyn Bender pointed out that this item was not agendized for action, it is merely a report.
Councilmember Leger WITHDREW his motion and Councilmember Magazine WITHDREW his second to the
motion.
AGENDA ITEM #13 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE LEAGUE OF 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 noted that the Mayor and
Council provided direction for staff to advocate against HB 2590, the Rental Sales Tax. He said that staff wrote the
letter and copies were provided to the Council. He advised that some Councilmembers have raised questions about
other bills and asked if the Council wanted to discuss them this evening and possibly give direction to staff on the
action they want taken.
Mayor Kavanagh stated that the only one Councilmember Magazine asked her about was HB 2570, the vegetation one,
which they are keeping an eye on and Mr. McGuire has been keeping up on that one as well. She added that the other
one is 2254, the Residential Rental Tax. She noted that the same Representative brought both of those forward and
there is a slight chance that he might withdraw it, because as it is now it doesn't look as though he has support and
usually if they don't think they have support then they don't bring it up for a vote.
Councilmember Leger advised that it has come to his attention that a bill has died on three separate occasions that was
vetoed by Governor Brewer and that is Guns in Public Buildings, HB 2320. He stated that it seems as though it is
getting legs again and as they all know, guns are not permitted in public buildings without the cities/towns having a
locker and signs on the door and they have done that to accommodate the Legislature in the past. He added that this
current bill is requiring that in order to prevent weapons from being brought into public buildings (Town Halls,
Community Centers and Libraries) each municipality would have to have both a guard and metal detectors. He noted
that this is a killer in terms of what that would cost the Town and said that there are some figures out there that he has
researched that says the cost for each door would be $100,000 to $130,000 including installation on an annual basis
(and there are four doors). He commented that he has some serious concerns about this particular bill and he wanted to
bring it to the Council's attention.
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Mr. Buchanan stated that he has the same fiscal concerns about this that he had last year and he knows that Governor
Brewer has vetoed it three times but it is back and he wants to know if the Council would like to do anything or
advocate with the League because he believes they are advocating against it as well -- he asked whether this was
correct.
Mayor Kavanagh said that she didn't look that one up because Councilmember Leger di d not send her that one so she
has not investigated it. She added that perhaps they could look into it between now and the next meeting because she
doesn't have anything on it right now, she just brought the current ones. She noted that there are so many bills,
hundreds of them.
Councilmember Leger advised that the clock is ticking and he feels very strongly about this to the point where he will
be making a motion that they as a group vote on it to oppose it and write a letter to the Legislators because he believes
it requires a vote.
Administrative Services Director Grady Miller addressed the Council and said that he just wanted to give the Council
an update on where the bill stands. He reported that he has heard from a League staff member because this has been
one of the pieces of legislation that they have been following and HB 2320 passed the House Committee of the Whole
with an amendment but has not yet been assigned for a third reading. He said that staff would be happy to do what
they can to notify other Legislators that the Town is opposed to this.
Councilmember Leger advised that that would be his motion to oppose this and do somewhat what they are doing with
the rental deal and that is to write a letter. He reiterated that he believes this needs a motion.
Councilmember Leger MOVED to oppose HB 2320 and have staff write a letter to that effect and Councilmember
Magazine SECONDED the motion.
Mayor Kavanagh stated that she just wanted to add that the alternative is not to expend any funds and just allow guns
in the building. She pointed out that this is a State that allows guns just about anywhere except in bars and so it is not
that they have to incur the expense, it is just if they want to keep people out. She added that they have to consi der that
if they want to keep people out with guns, how are they going to keep the bad guys out with guns and not the good
guys. She said that is a big consideration and she knows they have a sign on the door that says "No Guns" but if
someone decides they want to come in the Chambers and do some damage she doesn't think that the sign is going to
stop them. She reiterated that most places in Arizona do allow it and it is in the Constitution -- the right to bear arms.
Councilmember Magazine stated that with all due respect, he couldn't feel more strongly in terms of being opposed to
it and somehow writing a letter seems to him to be such a limited effect with limited impact and he would like to see
them do whatever they can do to try and defeat this bill. He added that he doesn't know what they can do but he would
sure like some recommendations from staff or members of the Council because he thinks this would be a disaster on
many fronts.
Councilmember Leger advised that he thinks in the past historically they have had discussions and when they felt
strongly about something then they have made motions and agreed to do what they can do and first and foremost is to
write a letter, as was done with the Rental Tax. He noted that it was a very impressive lette r and he thinks it speaks as
a body in terms of a unanimous opinion. He added that beyond that he thinks there are things that folks can do
individually but his motion is grounded in a letter because that is the practice that they have done in the past.
There were no citizens wishing to speak on this agenda item.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Nay
Councilmember Alan Magazine Aye
Vice Mayor Dennis Brown Aye
Councilmember Cecil Yates Aye
Councilmember Cassie Hansen Aye
Councilmember Nick DePorter Aye
Councilmember Henry Leger Aye
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The motion CARRIED BY MAJORITY VOTE (6-1), with Mayor Kavanagh voting Nay.
Town Attorney Andrew McGuire said that there are other bills that the Town is following but he hasn't had an
opportunity to check on the most recent iteration of HB 2005 - Fire Sprinkler Reform. He advised that staff is not sure
what it is reforming other than it is changing the date by which a community would have had to have adopted a fire
sprinkler ordinance in order to be exempt from this provision that bans them as a residential requirement. He noted
that Fountain Hills has been in the game since 1995, which is well ahead of even the 2000 retroactive date that is being
sought but they have adopted new versions of the Fire Code as they went along and the referenced version that they
used was 2006 to be sure that they were prior to the prior date of 2009. He explained that should this back up to 2000,
he believes they are still fine but it lessens all of the work they did to try and make sure that they complied with the
law the first time. He reiterated that he doesn't know where this sits at the moment and he hopes it is going to die a
miserable death in Committee.
Mayor Kavanagh commented on the extensive amount of bills -- fire access roads, the business license one, etc.
Mr. McGuire reported that he received an email yesterday and a bill today that is part of the Budget Reconciliation bill.
He said that the process amazes him -- the posting and notification requirements and deadline requirements were all
waived so there was not even a notification of posting advising when it would be in Hearing but it appeared when
announced on the floor. He added that today was the first shot they had at a bill that starts to put into some light the hit
that might be realized by cities and towns. He pointed out that one of the provisions deals with an appropriation from
the cities and towns to fund DOR and right now the number is hanging right around $20 million. He stated that it
would be divided up among all the folks from which DOR will be doing the collecting if they ever get their act
together and actually do the collecting. He noted that the fee begins July 1, 2015.
Mayor Kavanagh said that Phoenix has experienced a big population increase so they are going to get a bigger chunk
of the money.
Mr. McGuire advised that there is a confusing second provision that has a charge for non -collection cities and towns
and he didn't think that was even possible anymore under the reform from last year so everyone is just swimming
through it and trying to figure out what it means. He said that hopefully there will be a summary at some point and the
League is pretty good about breaking down the numbers on what the impact will be for everyone but that is all they
know as of this afternoon.
AGENDA ITEM #14 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #15 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Mayor Kavanagh congratulated Kelley Fontville, the Town's Senior Activity Director, on a very successful sock hop.
She said that the Community Center ballroom was full with residents of all ages and it was a great, fun event and a
chance to wear their poodle skirts. She also thanked Rachael Goodwin, the Town's Event's Director, who assisted with
the event and her Mayor's Youth Council, who showed up to serve root beer floats. She reported that Bless the Bikes
at the American Legion was a big success and stated that the rain held off on Saturday to allow the outdoor blessing of
the many motorcycles and bicycles. She said that she was honored to be the keynote speaker and Sheriff Joe Arpaio
also spoke as well as several members of the Legion and Deacon Phil. She added that the Legion members handed out
medallions of St. Christopher to everyone in attendance. She noted that she attended the annual fundraiser for the
Boys & Girls' Club and pointed out that Fountain Hills had three tables at the event. She stated that Mayor Wally
Nichols and his family and the Sheriff and Ava were there along with many Fountain Hills' supporters of the Club.
She advised that by the bidding it was clear that they raised a lot of money for the Club and commented that it is great
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to know that the money goes directly to the kids. In closing, the Mayor said that she delivered the State of the Town
address to the Sunset Kiwanis, an outstanding group of residents and business owners who dedicate their time to
provide service in the community. She stated that it was a pleasure to deliver the program and answer questions about
the Town.
Mayor Kavanagh noted that there are a lot of activities this weekend -- the Kite Festival, Mountain to Fountain, the
Music Festival and a big Hike for the Homeless at McDowell Mountain Park.
AGENDA ITEM #16 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Vice Mayor Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:47 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 5th day of March, 2015. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 19th day of March, 2015.
_____________________________
Bevelyn J. Bender, Town Clerk