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TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 17, 2015
EXECUTIVE SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the Executive Session to order at 5:31 p.m. in the Fountain Conference Room - 2nd Floor.
AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO (I)
A.R.S. §38-431.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE
ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIF ICALLY, IMPOSITION OF VARIOUS
FEES).
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis
Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Cassie Hansen,*
Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney
Andrew McGuire, and Town Clerk Bevelyn Bender were also present.
(Councilmember Hansen participated in the entire Executive Session through the use of telephonic equipment.)
Councilmember DePorter MOVED to go into Executive Session at 5:31 p.m. and Vice Mayor Brown SECONDED
the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #2 - ADJOURNMENT.
The Executive Session adjourned without objection at 6:22 p.m.
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:33p.m.
* INVOCATION - Dr. Cathy Northrup, Community Church of the Verdes
* ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Cassie
Hansen,* Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady Miller,
Town Attorney Andrew McGuire, and Town Clerk Bevelyn Bender were also present.
(Councilmember Hansen participated in a portion of the meeting through the use of telephonic equipment and left
the meeting at 7:35 p.m.)
* MAYOR'S REPORT
i) The Mayor will read a Proclamation declaring September 17 - 23, 2015, as Constitution Week in the Town
of Fountain Hills.
Mayor Kavanagh stated that September 17th marks the 228th anniversary of the drafting of the Constitution of the
United States of America by the Constitutional Convention and it is fitting and proper to officially recognize this
magnificent document and the anniversary of its creation. She added that it is also fitting and proper to officially
recognize the patriotic celebrations which will commemorate the occasion and proclaimed September 17th through the
23rd Constitution Week in Fountain Hills. She asked that the citizens reaffirm the ideals the Framers of the
Constitution had in 1787.
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* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to Economic Development.
The Mayor advised that the Greater Phoenix Economic Council (GPEC) Board of Directors' meeting this morning
brought the Governor to their annual meeting. She reported that after Governor Ducey highlighted some of his
economic and educational changes, he opened the room for questions. She stated that she took the opportunity to tell
the Governor about the development that's been going on in Fountain Hills and their business growth and noted that
the Governor knows the Town very well and she takes every opportunity when she sees him to bring him up-to-date on
the Town. She added that also present were representatives and CEOs of major corporations, banks, and other
institutions and stated that they all got to hear that Fountain Hills is doing well and is open for business. She noted that
she attended an interesting Economic Development Committee MAG (Maricopa Association of Governments) meeting
in Phoenix that centered solely around education. She advised that the meeting started with a presentation by Car l
Hayden High School -- their students entered the underwater robotic competition and won against MIT (Massachusetts
Institute of Technology). She pointed out that there is a movie out with their story called "Spare Parts." The Mayor
further reported that she spoke about the robotics program in Fountain Hills High School and the remarkable job that
Dr. Paul McElligott has done in not only establishing this program but expanding it into hosting a championship here
in Town. She said that she always enjoys being a referee at those events and has written several letters of
recommendation for students to get into engineering schools. Mayor Kavanagh further stated that the second
presentation was about a program called Stem ProLive, a program that every school can become involved in. She
noted that it is sponsored by the Maricopa County Education Services Agency and added that each month they
broadcast this program featuring a successful but interesting professional who the students can relate to and ask
questions live, online. She advised that an update from previous meetings, the online program called ReadOn Arizona,
is not live and advised at if anyone goes to that website they can click on any school in Arizona to see how it is doing
with the AIMS testing and other measurable testing data along with demographics and other info about each
community. Mayor Kavanagh said that she has written to their School Superintendent, Mr. Patrick Sweeney, and to
the Principal of the Charter School, Ms. Linda Rice, to make both of them aware of the availability of these online
programs to enhance STEM education in their schools.
ii) Councilmember DePorter to provide an update regarding the August 28, 201 5 Greater Phoenix Economic
Council (GPEC) Event - Economic Development and GPEC 101.
Councilmember DePorter advised that he had an opportunity to attend the August 28th Greater Phoenix Economic
Council (GPEC) Event - Economic Development and GPEC 101 and stated that he has the opportunity to work with
them a lot when he wears his Arizona State University hat when trying to encourage companies to come into Arizona.
He added that Economic Development Specialist Scott Cooper also works with them a lot. He noted that there was a
panel, discussed the members who served on it and stated that they had pulled a number of experts together to discuss
what is attracting companies from out-of-state and making them stay. He reported that number one on the list was the
workforce (what kind of workforce, environment and education is around that pushes good candidates into the system)
and number two, according to the employers, is the easy identification of resources and the ease of working with a
particular municipality. He pointed out that when Mr. Cooper came on board he really did a good job of inventorying
what the Town has and he put a nice website together and helped put the Town's best foot forward so that anyone
looking inside the community can see what we have. He advised that this is right in line with what GPEC is saying the
companies are demanding when searching for new locations. He said that he and a representative from Maricopa
County Community Colleges was there wearing that hat and they both managed to mention the Town of Fountain Hills
at least twice during their talks. He stated that it was a good meeting and he is happy that they are able to leverage the
resources that GPEC has.
Mayor Kavanagh thanked Councilmember DePorter for his attendance at the meeting and for giving them a report on
the meeting.
iii) Fiscal Year 2014-15 Economic Update by Economic Development Specialist Scott Cooper.
Economic Development Specialist Scott Cooper addressed the Council and highlighted a PowerPoint presentation on
an Economic Update of Fiscal Year 2014-15, State-wide Industry, copies of which are available on line and in the
office of the Town Clerk.
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Mr. Cooper's presentation centered on the following:
* Arizona Commerce Authority (ACA)
Jobs Created
Companies Supported
Capital Invested
* Regional Industry Report
Jobs Created
Company Locates
Capital Investment
* Lead Generation Partners/Total Direct Partner Generated Leads
GPEC 91
ACA 27
Qualified Leads/Responses 21
Active 5
* Business Attraction Early Results
Generated Active Leads
Recent Projects
Opportunities
* Business Retention & Expansion
Prevco Subsea
Brokers Alliance
Opportunities
* Entrepreneurial Development
JumpStart Biz - Four Local Projects: JanitorSite.com; QuickFind Numbers; Interim Public Management and
Wired Up
* Marketing
Digital Postcard
Updated FountainHillsED.org Website
Economic Development Networks
Movoto.com
Nerd.Wallet
Opportunities
* Totals
Over 70 New Jobs
Over $2.5 Million Capital Investment
Mr. Cooper indicated his willingness to respond to questions from the Council.
Mayor Kavanagh thanked Mr. Cooper for his presentation and he was given a round of applause by the Council and
members of the audience for his excellent work to date. She commented on the gre at effort he has put into his job and
noted the above and beyond effort he expended recently to keep a company (Prevco) that was thinking of leaving the
Town to stay and she commended him on that success. She added that she considers the Brokers Alliance to be their
"Home Town Business" and also thanked Jim Judge for his tireless effort to bring The Southwest Kidney Institute to
Fountain Hills.
Mr. Cooper advised that he did not want to take credit when credit isn't due and noted that Prevco's selection happened
right before he got to Fountain Hills and noted that the great work of the former Town Manager, Council and staff
resulted in the company staying in Town.
Councilmember Magazine commended Mr. Cooper on his report and efforts to date and asked what causes some of the
leads to become "active leads" and when he sits down with the CEOs and executives that he deals with, what factors
do they talk to him about as far as what they are looking for and how do they compare those factors with other
communities that they are looking at.
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Mr. Cooper responded that if the lead comes from one of the Town's economic development partners, it becomes a
lead if the Town meets the project's parameters -- if they are looking for 200 acres or a 300,000 square foot buil ding,
obviously the Town can't meet those parameters. He added that if they are looking for a 10,000 square foot office
space or something along those lines that would employ 5 to 25 people, he will submit that information back to GPEC
or ACA and it becomes an "active lead" at that time until they move along in the process and select to l ook at Phoenix
and only Phoenix or the northeast valley, etc. He explained that that is when it becomes a qualified lead for them and
it goes away once they make a selection. He said that as far as what they are looking for, Councilmember DePorter
touched on that -- it is a qualified workforce and Fountain Hills is among the highest in the Valley as far as education
(residents with a college degree or above). He stated that because of their location, they can also draw well from
neighboring municipalities and a lot of times it comes down to reputation, how is the community to deal with and at
some point incentives will certainly come into the conversation. He reported that as far as the issue of a municipality's
School District, the way things are done now by the time they are having discussions the potential business has already
done their homework on things like that. He added that they might have some specific questions based on curriculum
and what is offered.
Councilmember Leger also thanked Mr. Cooper for the presentation and a job well done and commented that he knows
that an important component of the Town's economic development program is business attraction. He noted that a
slide was previously shown that talked about early results and he knows that economic development people like to
have secret codes for the projects that they put up there. He referred to where it stated "Generated Active Leads" and
asked whether Mr. Cooper was at liberty to mention what any of those coded projects are such as Brew.
Mr. Cooper responded that he can talk about industry and what they fall into but not details and he is always sorry that
he cannot provide more information but oftentimes they are still in negotiations with other communities and they don't
want their names out there because of their competition or they may be in negotiations with several property owners.
He advised that one is a medical engineering company, another is a software engineering company, an auto dealership
that already came before the Council once, a micro-brew startup that is looking for space in Town, a hotel project,
projects Urgency and Honor are both healthcare related, project Repeat is a company that was here once before and
project Treat is a frozen dairy place.
Councilmember Leger said that he appreciates the fact that a majority of his colleagues past and present have been
Arizona State University graduates and ASU does have an Engineering College but he just wanted to mention that
there is a school down the road called the University of Arizona that has a tremendous Engineering Program. He
pointed out that many Fountain Hills' graduates do go down to the U of A in Tucson and they are looking for
engineering jobs so he wanted that kept in mind and added that he has a couple of phone numbers if anyone is
interested.
Mr. Cooper replied that he doesn't have a dog in that fight so he doesn't have a preference either way but noted that
they have worked with them as well and will continue to do so as part of the Workforce Development Progr am that
they are putting together for the Brokers Alliance and NAU (Northern Arizona University) as well.
Councilmember Hansen said that Mr. Cooper's presentation was great and thanked him for his excellent work.
Councilmember Yates stated that Mr. Cooper is doing an excellent job and put a word in for his college, the University
of Cincinnati.
Town Manager Grady Miller advised that he had a brief announcement to make and said that as the Council knows,
Fountain Hills has a highly-talented staff and they are very fortunate to have them. He added that he wanted to
officially introduce this evening the Town's latest staff addition to the management team, David Trimble, and noted
that he is the new Administrative Services Director and a resident of the Town. He asked that he come forth and
introduce himself at this time.
Mr. Trimble addressed the Council and said that it is a pleasure to be there and he has lived in the Town for 20 years
and has three young children. He provided brief background informatio n on himself and stated that it is wonderful to
be able to work in a great community like Fountain Hills. He commented that he has received a wonderful welcome to
the Town's organization from Council, management and staff and added that he is excited to have the opportunity to
work for the Town.
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The Council, staff and audience welcomed Mr. Trimble with a round of applause.
iv) Update by Jackie Miles, President of the Fountain Hills' Sister Cities Association, regarding recent
activities.
Town Manager Grady Miller noted that he has been working very closely with Jackie Miles, the newly elected
President of the Sister Cities Association, and said she has big shoes to fill after the wonderful job that former
President Sharon Miller did for the organization.
Jackie Miles, President of the Fountain Hills' Sister Cities Association, addressed the Council and provided a update on
the organization's recent activities. She advised that they are here tonight to celebrate Sister Cities and thanked t he
Council and everyone present for celebrating with them. She noted that many of their Boardmembers were present
and most have been active in the organization for several years. She explained the concept behind the Sister Cities
organization and reported that it began in 1956 when President Dwight Eisenhower, after having served as Supreme
Commander of European Operations during World War II, thought that perhaps future wars might be prevented if
individual citizens from various nations could exchange ideas and cultural experiences through a people-to-people
program. She said that if anyone read Alan Cruikshank's column in yesterday's Fountain Hills Times, they know that it
was his dream to find a Sister City for their community and in 1996 Mayor Jerry Miles asked Mr. Cruikshank to Chair
such a program under the umbrella of the Civic Association. She reported that Mr. Cruikshank and his committee
finally chose Kasterlee, Belgium as a good match for their Town. She further noted that in May of 1998, Alan, Jerry
and she, Bob and Phyllis Horan, Vice Mayor Marianne Wiggishoff and her husband Cyril traveled to Belgium where
Kasterlee's Mayor Otten and Mayor Jerry Miles signed a letter of intent -- and so the adventure began. She added that
in September of 2000, their new Mayor, Sharon Morgan, made their partnership official by signing the Sister City
agreement in Kasterlee and she then went on to Dierdorf, Germany to explore the possibility of having a second Sister
City. She said that they would hear more about Dierdorf from Christine Colley. She advised that in June 2005, Mayor
Wally Nichols signed the papers which formally proclaimed that Dierdorf was one of the Town's Sister Cities and in
November 2007, Mayor Nichols also signed an agreement with Ataco, El Salvador. She stated that they will hear
more about Ataco from former Councilmember and Honorary Consul Enrique Melendez. She noted that when Mayor
Morgan left office in 2003, she became Chairman of the Fountain Hills Sister Cities committee and it soon became
evident that since fund raising was a major part of this committee, Sister Cities should be a separate 501(c)(3) non -
profit corporation. She reported that in 2007 Mayor Jerry Miles and Jean Linzer did the necessary legal work to
change the committee in the Fountain Hills Sister Cities Corporation and Mayor Morgan was elected President of the
Sister Cities Board and has held that office until her resignation last month. She further stated that in June of 2014,
many of the Boardmembers visited Zamosc, Poland, where a formal Sister City agreement was signed by Mayor Linda
Kavanagh and added that they will hear more about Zamosc from Honorary Consul Bogumil Horchem's wife
Elizabeth. She stated that during these past 15 years, several of their high school students have benefitted from student
exchange experiences with one or more of the Town's four Sister Cities and stressed that these experiences have
resulted in life altering benefits for many of these youngsters. She reported that their high school has a Sister Cities
Club and their Board is very grateful for the cooperation and support that their school Superintendents and Teachers
have contributed to the Sister Cities program throughout these exchanges. She commented that twice now, their
program has received the Best Overall Program Award from Sister Cities International for a city with a population less
than 25,000 - in 2009 and again in 2011. She stated that finally, Mayor Morgan is now Vice President of the State
Sister Cities Organization and she and three other Boardmembers will be driving to Prescott a week from tomorrow to
attend the Sister Cities convention. She noted that Mayor Miles will be hand carrying letters from Mayor Kavanagh
and herself requesting that Fountain Hills be the host for the 2016 State Convention next spring. She thanked the
Council and everyone for supporting this program and said that they believe that the rewards are great for all who
participate. She said that they will now hear from Chairs of the Town's three Sister Cities.
Enrique Melendez, a former Councilmember and the Honorary Consul of El Salvador, addressed the Council and
congratulated Councilmembers DePorter and Magazine on their election and wished the new Town Manager Grady
Miller the very best. He noted that once a year he is required to provide a report on the Sister Cities under his
jurisdiction and he has two -- one in Prescott, Arizona and the other in his home Town of Fountain Hills. He added
that he also has to make a report to the Governor of Arizona and his or her Executive Staff. He advised that El
Salvador has experienced a large migration to the north this year, especially with children, due unfortunately to a high
crime factor. He commented that with the Pope coming to the United States to talk about issues of immigration, a lot
of questions will have to be asked because this issue is out of control in Europe. He provided data relative to El
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Salvador and reported that the minimum wage there is $8.80 per day, not per hour, and so it becomes hard to develop a
country when there is so much disparity of income between the classes. He further stated that in 2014, tourism
increased by 4.8% whereas global tourism traffic grew by 5%. He announced that he brings greetings from Ataco, the
Town's Sister City, and respects from Mayor Gomez who was re -elected again by a wide margin. He added that he
hopes to come back and visit Fountain Hills. He informed the Council that the Mayor of Ataco had 16 school children
ready and qualified to come to the United States and attend the Town's schools again but reported that it costs $660 for
a roundtrip ticket and sometime ago they had three students do this . He advised that those students are now at the
university level, doing very well and speaking fluent English. He stated that the U of A is working with the President
of El Salvador and met with him and a group of the Deans to develop a criminology depart ment in the capital in an
effort to defray some of the crime that is occurring. He provided additional information and history relative to the
Sister City of Ataco and El Salvador. He requested that the Town not charge the organization $7,000 for the three
signs and said that any money that they can save can be used to bring people here from Sister Cities.
Mayor Kavanagh assured Mr. Melendez that the Town is not going to charge the organization for the signs.
Mr. Melendez described how far the organization has come over the years and all of the successes/accomplishments it
has experienced thanks to Council support and wonderful leaders with vision within the organization. He said that
they look forward to moving forward and thanked the Council for the opportunity to address them.
Mayor Kavanagh advised that the Council and the entire community appreciates all of the work that Mr. Melendez has
done over the years and he was given a round of applause.
Christine Colley addressed the Council and provided an update on the Town's Sister City of Dierdorf, Germany. She
said that her passion is student exchange programs. She reported that the student exchange program with Germany has
been going on for over 20 years and at one time they had exchanges of up to 30 students and over 100 youths in
Fountain Hills' schools learning German but unfortunately the same year Dierdorf became a Sister City, the German
language program stopped in the school. She stated that the student exchange program fell asleep for a while because
the kids were no longer learning the language but the year that they played the World Cup in Germany, they thought
about the kids that were coming from the United States and the fact that they really didn't need to know how to speak
German because in Germany, when students begin the high school program at around 11 years of age, they start
learning English. She reported that the program started up again and they sent three music students to Germany and
they had a fantastic time. She said that this summer 16 students from Fountain Hills visited Dierdorf, Germany,
toured all around southern Germany and spent 11 days in the school in Dierdorf. She informed the Council that
another trip is planned for next year when Dierdorf students will come to the United States and the plan is one year
they will have outbound and the next they will have inbound. She pointed out that the students that go outbound do
fundraisers to generate money to cover their own expenses for travel and the host school provide s transportation and
touring for the students. She added that the same is true for inbound students -- the Town hosts them and supports
them through fundraisers to allow them to go to the Grand Canyon and other areas. She expressed the opinion that that
is the best way to get involved in a different culture and commented on the life changing experiences that these
students from both countries take away as a result of the program. She thanked the Council for their continued support
and invited everyone to Oktoberfest on September 25th and 26th and requested the Council's assistance in promoting
the event because it is one of the fundraisers for Sister Cities (they sell their famous strudel there).
Mayor Kavanagh thanked Ms. Colley for her remarks and said that she knows how dedicated she is to the students and
the exchange program is simply wonderful. She added that they all love the jazz band and will continue to support
them as well. The Council and members of the audience gave Ms. Colley a round of applause.
Elizabeth Horshim addressed the Council and said that she would highlight a brief presentation on the Town's newest
Sister City, Zamosc, Poland. She said that her husband, Bogumil Nick Horchiem, the Honorary Consul of Poland, and
she had visited Poland during the month of September this year and visited the Town's Sister City, Zamosc, Poland.
She said that since their visit last year when they signed the papers Zamosc has a new President, Andrzej Wnuk and he
is familiar with the United States since he worked on his PhD in New York City. She reported that they had a great
meeting with him and he expressed strong interest in continuing what his predecessor, Mr. Zamoyski, started and he
asked them to extend his warm greetings and best wishes to the officials of the Town of Fountain Hills and Sister City
officials. She stated that he arranged for them to have a meeting with the Director of Education in Zamosc, Mrs.
Agnieszka Kowal and they had a good, productive meeting and she is ready to actually start working on making plans
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to have students from Zamosc visit the Town and have our students visit Zamosc, hopefully soon. She further stated
that this year Zamosc hosted the original Olympics with the Olympic flame brought from Athens, Greece and at the
opening ceremony at the Lighting of the Torch they were introduced officially as members of the Sister City of
Fountain Hills, Arizona. She briefly noted the various places that they visited during their trip. She thanked the
former President of the Sister City's organization, Sharon Morgan, for her help and dedication and said that it is greatly
appreciated.
Mayor Kavanagh thanked Elizabeth Horshim and her husband, Consul Horshim, for all of the work that they have
done to unite Fountain Hills and Zamosc, Poland. She advised that they all enjoyed the trip to Zamosc and it was a
great honor for her to be with the former President and to sign the papers in his office in Poland. She added that the
most memorable occasion, and she knows this warmed Sharon Morgan's heart also, was when they stood in the square
and looked up and saw the American flag flying over the Town Hall. She noted that that was the first time that it had
ever flown over the Town Hall in Zamosc so that was a real moving experience. She further stated that she hopes that
the new President enjoyed the gifts that she sent along with Mayor Miles' book all about the Town of Fountain Hills.
She said that perhaps one day he will come to visit the Town.
Mayor Kavanagh advised that they are also here to honor former Mayor Sharon Morgan for all of the work that she did
for so many years. She pointed out that she is responsible for not only keeping the Sister Cities going but expanding
the program as well. She noted that she has such faith in the program and that is why today they have such an
outstanding group of Sister Cities and the exchange programs with the kids are absolutely the best that they could ever
hope for. She emphasized that the exchange of culture and language has just been remarkable and she thinks that that
has been the pride of their group -- what they have been able to do with the youths.
Mayor Kavanagh stated that on behalf of the Town of Fountain Hills, she would like to ask Mayor Morgan to come
forward as well as the representatives from the three Sister Cities and presented her with plaque of appreciation.
Mayor Morgan thanked Mayor Kavanagh and the members of the Council for this honor and advised that the plaque
will be hung in her home. She said that she gets credit for being a good and tireless leader and pointed out that a leader
is only as good as his/her team. She noted that the late Paul Nordin, when she was Mayor, afforded her the
opportunity to have the State Conference in Fountain Hills -- the first conference in their new Community Center and
they have done it one more time and they are going for the third time next year. She commented that she couldn't have
done any of the things they have done without a great team -- Boardmembers too numerous to mention, every Town
Manager since the late Paul Nordin, and all of the Town Councils since that time who have supported the organization
and without that they would be nothing. She further stated that this is a Town organization and you cannot have a
Sister Cities organization without the blessing of the Town. She advised that some of her fondest memories in life
pertain to Sister Cities -- the people that she has met, the places that she has gone to in order to meet with foreign
individuals who are equal to their Secretary of State, to meet with Ambassadors -- she would not have had those
opportunities had it not been for Sister Cities. She said that she stepped down because as it is in everyone else's life
priorities change and you have to re-evaluate what you are going to do with your time. She emphasized that she has
stepped down as the Chairman but she is staying on the Local Board and as the Mayor said she is on the State Board so
she is not moving away from Sister Cities because that is a passion from her heart, these kids and the adults too, but
mainly the kids. She pointed out that they are a global society and a global world and their kids especially, who are in
most cases privileged children, need to see that everybody, their peers throughout the world, are not as privileged as
they are. She reported that when she saw the youth shedding tears when they left Ataco was memorable because they
got to see how the other part of the world lives and she thinks it has made them better and stronger. She thanked the
Mayor and Council for the recognition and reiterated that she is not going away, she is just not calling the meetings.
Mayor Kavanagh again thanked Mayor Morgan, the Board and Mayor Miles and said that he too has done so much
with the Sister Cities organization and gave them all a round of applause.
CALL TO THE PUBLIC
None.
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CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM SEPTEMBER 3, 2015.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR THE AMERICAN LEGION POST #58 (ROBERT PUTNAM) TO BE HELD IN
CONJUNCTION WITH THE ANNUAL FOUNTAIN HILLS ART FESTIVAL HELD NOVEMBER 13 - 15,
2015 FROM 10:00 A.M. TO 10:00 P.M. LIQUOR SALES WILL BE RESTRICTED TO 16837 E. PARKVIEW
AVENUE, FOUNTAIN HILLS, AZ 85268.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR THE RIVER OF TIME MUSEUM (JEAN LINZER) TO BE HELD AT THE
FOUNTAIN HILLS COMMUNITY CENTER ON FEBRUARY 20, 2016, FROM 6:00 P.M. TO 11:00 P.M.
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2015-48, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
RELATING TO PROPOSITION 202 FUNDING.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING A BUDGET TRANSFER, IN THE AGGREGATE
AMOUNT OF $150,000, FROM TWO DEPARTMENTS (DEVELOPMENT SERVICES AND COMMUNITY
SERVICES) TO THREE DEPARTMENTS (MAYOR AND COUNCIL, ADMINISTRATION AND THE
MUNICIPAL COURT) TO COVER BUDGET SHORTFALLS FROM FISCAL YEAR 2014-15.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING A BUDGET TRANSFER, IN THE AMOUNT OF
$6,658.55, FROM THE SPECIAL REVENUE FUND TO THE TOURISM FUND.
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2015-47, APPROVING THE REVISED TOWN
OF FOUNTAIN HILLS 2015-16 PAY PLAN.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor Brown SECONDED the
motion.
A roll call vote was taken with the following results:
Mayor Kavanagh Aye
Vice Mayor Brown Aye
Councilmember Nick DePorter Aye
Councilmember Cecil Yates Aye
Councilmember Cassie Hansen Absent
Councilmember Alan Magazine Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY by those present (6-0).
REGULAR AGENDA
AGENDA ITEM #8 - CONSIDERATION OF APPOINTING THREE (3) PLANNING AND ZONING
COMMISSIONERS FOR TWO (2) YEAR TERMS BEGINNING ON OCTOBER 1, 2015 UNTIL
SEPTEMBER 30, 2017.
Mayor Kavanagh MOVED to appoint Michael Archambault, Susan Dempster and Roger Owers to serve on the
Planning and Zoning Commission with each of the terms beginning on October 1, 2015 and expiring on September 30,
2017 and Councilmember Magazine SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
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The motion CARRIED UNANIMOUSLY by those present (6-0).
The Mayor thanked everyone who had expressed a willingness to serve on the Commission and expressed appreciation
to former Councilmember Mike Archambault for continuing to serve on the Commission. She also thanked Ms.
Dempster and Roger Owers for their willingness to serve the community.
Town Clerk Bevelyn Bender informed the Mayor that Councilmember Hansen was no longer participating in the
meeting through the use of telephonic equipment and left the meeting at 7:35 p.m. ( prior to the vote on the Consent
Agenda).
AGENDA ITEM #9 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING CREATING
A POTENTIAL SISTER CITIES COMMISSION.
Town Manager Grady Miller addressed the Council relative to this agenda item and advised that before them this
evening is a request to form a Sister Cities Commission. He explained that Sister Cities have relationships between
themselves and they are fortunate to have an outstanding Sister Cities Corporation that has been very much involved,
done a great job and will continue to do a great job even if a Sister Cities Corporation is formed. He noted that this is a
town-to-town relationship and he is recommending that the Council consider directing staff to come back with a
proposed resolution for consideration to establish a Sister Cities Commission. He noted that the difference between a
Sister City Commission and the current setup with the Sister Cities Corporation and said that essentially there are three
different models of Sister Cities organized across the country. He added that large cities that have strong Mayors who
run the cities typically have Sister City programs that contain part of the opposite protocol or part of the Mayor's office
and in most midsize/small cities there is a combination of different models and that is the current model that they have
now, the Association which he realizes is a Corporation and they do the fundraising and such. He further stated that
there are Sister Cities Commissions and the reason why he is recommending a Commission is because they have this
relationship that they have gone to the trouble of locking into a long-term relationship and in his opinion the reason
why they would want an advisory committee is to actually shore up and ensure that the relationship lives on. He
further explained that what he is proposing is that the current Sister Cities Corporation continue its involvement
because of all of the outstanding work that has been done. He added that on the recommended Sister Cities
Commission, the membership would be comprised of the President of the Sister Cities Corporation and another
Boardmember to ensure that there is good communication. He advised that the Sister Cities Corporation would s till be
the fundraising arm and very much active in organizing and hosting events but the Sister Cities Commission would
provide advice to the Corporation and work very closely with the staff and Council to make sure everyone is living up
to their obligations and in hosting Sister City delegations as well. He added that he knows that it sounds like there is
some overlap there and there is but he believes that in any event if something were to happen to their Sister Cities
Corporation, this would ensure that they would continue to carry out their obligations and that is all they are trying to
do. He noted that it will be up to the Council to consider this and if they are interested in it, staff could come back
before them with a proposed resolution for them to consider and determine whether this is something they want to do
or not. He indicated his willingness to respond to questions from the Council.
Councilmember Leger requested that current Sister Cities President Jackie Miles approach the podium and
Councilmember Leger said that he knows she has had a chance to discuss this and think it over and asked for her input
as the sitting President -- what are her thoughts and how does she feel about a Commission being formed?
Ms. Miles responded that she is in favor of the proposal.
In response to a question from the Mayor, Mr. Miller advised that staff is seeking direction this evening.
Vice Mayor Brown advised that he doesn't see any harm in forming a Commission to assist and participate in the Sister
Cities organization and added that he thinks it would be a good thing to have their own Commission working jointly
with the Corporation to continue the Sister Cities movement.
Vice Mayor Brown MOVED to direct staff to bring forward a proposal for the Council to consider and
Councilmember Leger SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY by those present (6-0).
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AGENDA ITEM #10 - CONSIDERATION OF A CONTRACT WITH AMERICAN METERING SERVICES,
INC., D/B/A AMS BILLING SERVICES, TO IMPLEMENT THE ENVIRONMENTAL FEE, WHICH WAS
ADOPTED BY THE COUNCIL ON NOVEMBER 20, 2014.
Town Manager Grady Miller addressed the Council relative to this agenda item and noted that at the last Council
meeting staff gave a presentation and presented extensive background information on this contract. He advised that he
has asked Finance Director Craig Rudolphy to share a few remarks about this contract and also the Town's
Environmental Manager Raymond Rees to talk about the importance of the Environmental Fee as it relates to
supporting a number of the environmental programs and projects that they have budgeted in the current Fiscal Year.
Finance Director Craig Rudolphy addressed the Council and said that at the last meeting he had provided them with
some background and history leading up to the reasons behind why he was directed to implement a $3.00 per parcel
per month Environmental Fee. He informed the Council that this will be the 20th time that the Council has discus sed
this matter when presented to them and if this contract is not approved, the Town Manager will have to direct staff to
essentially reduce the organization's operating budget by $500,000 or 3.6% in order to cover the costs that were
planned to be funded by the Environmental Fee. He further stated that if the contract is not approved this evening, he
does not believe that the only bidder that submitted a bid in response to the Towns Request for Proposals would be
willing to extend their offer past this meeting. He noted that in the Council's packets this evening there is a handout
that lists all of the proposed items that were defunded by this fee. He stated that the Town's Environmental Manager
Raymond Rees could go through those items if the Council so desires.
Councilmember DePorter said that when they discussed this the last time, they talked about return envelopes and what
they would potentially look like and who it would look like the bill is coming from should they contract with them. He
asked if that would still be the case -- would it be an American Metering Services (AMS) return envelope or bill itself
that residents would be getting? He asked what would identify that it had come from the Town of Fountain Hills and
stressed the importance of doing that.
Mr. Rudolphy replied that they haven't had that discussion yet but it would be his expectation that the bill would be
mailed out in a Town of Fountain Hills envelope and staff is anticipating that payment is going to be directed back to
AMS and therefore he would expect that the return envelope would go directly to AMS with their return address.
Councilmember DePorter expressed the opinion that that process would encourage more people to open the envelopes
rather than simply toss them aside for recycling. He further stated that it would be nice if on the AMS return
envelopes it said "Town of Fountain Hills in care of American Metering Services, Inc."
Mayor Kavanagh advised that she read all of the information that was provided and noticed t hat they are going to have
all of the residents' credit card information and all of that but she didn't see anything in there that says they are not
allowed to use that information for any purposes other than the billing. She asked whether that is someth ing that is
usually written into a contract like this.
Mr. Rudolphy replied that he would have to defer to legal but he doesn't believe that there were any specific
restrictions in the Request for Proposals (RFP) that was issued by the Town that would have prevented them from
doing that.
Mayor Kavanagh asked whether the company could use the names of the people in Town for other purposes and Mr.
Rudolphy advised that in the discussions that he has had with the vendor they did not indicate that they would do so
but the RFP does not require them to maintain the confidentiality of that information.
Mayor Kavanagh said that this company then is going to have the names of everyone who owns a parcel in Town and
their personal information including credit card information and there is nothing in there that says that that is
confidential and they can't use it in any other way except for the billing.
Mr. Rudolphy stated that he would have to re-read the contract but nothing is coming to mind that there was some
specific language in there prohibiting them from doing that.
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Councilmember Leger commented that this might not answer the Mayor's question but he believes that there is a
condition in the contract that talks about securing confidential information, and part of the contract is that the
information is to be secure in terms of their technology but he is not sure specifically if it talks about usage. He asked
whether a stipulation could be added to the contract in the event there is no language to that effect in the document at
this time if the contract is approved this evening.
Town Attorney Andrew McGuire indicated that a stipulation would be allowable.
Councilmember Magazine advised that this has been discussed 20 times in the past without any action being taken and
he would like to attempt to ensure that this does not become the 21st time.
Councilmember Magazine MOVED that the Council approve the contract with American Metering Services, Inc., for
billing services to implement the Environmental Fee adopted by Council on November 20, 2014 with an addendum
that they look seriously at how they can maintain confidentiality regarding any information provided by the citizens of
the Town to the company and Vice Mayor Brown SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
A roll call vote was taken with the following results:
Mayor Kavanagh Nay
Vice Mayor Brown Aye
Councilmember Nick DePorter Aye
Councilmember Cecil Yates Nay
Councilmember Cassie Hansen Absent
Councilmember Alan Magazine Aye
Councilmember Henry Leger Aye
The motion CARRIED by majority vote of those present (4-2) with Mayor Kavanagh and Councilmember Yates
voting Nay.
AGENDA ITEM #11 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO LEAGUE
RESOLUTIONS ADOPTED BY THE 2015 RESOLUTION COMMITTEE AT THEIR AUGUST 18, 2015
BUSINESS MEETING, WHICH WAS HELD DURING THE ANNUAL LEAGUE OF ARIZONA CITIES
AND TOWNS ANNUAL CONFERENCE, FOR POSSIBLE SUPPORT BY THE FOUNTAIN HILLS TOWN
COUNCIL.
Town Manager Grady Miller addressed the Council relative to this agenda item and advised that before them this
evening are approximately 14 final resolutions that were adopted by the League of Arizona Cities & Towns at their
most recent annual conference. He explained that there was a committee that helped to initially vet these and these are
the ones that actually made it through the process. (Copies of this presentation are available on line and in the office of
the Town Clerk). He noted that this is really a critical part of the League and a lot of these resolutions actually become
either bills, influence the Legislature or attempt to on areas critical to local government. He urged the Council to give
staff direction, either to come back or continue to support and follow these with the League because the League will
typically try and see if they can get sponsors for legislation as a result of these resolutions. He asked whether any of
the Councilmembers have identified resolutions that they would like to provide direction on to the staff.
Mayor Kavanagh noted that being on the Executive Committee of the League, they are going to be having a meeting
shortly to further discuss these resolutions so even if members of the Council don't have any now that they are thinking
about or they want to get more information on some before the Town commits to any, they can email her at any time
with their thoughts on any of the pieces of legislation. She advised that she would be happy to not only get them
further information from the League because some of these are not quite self-explanatory and some have unintended
consequences, she would be happy to bring those concerns to the Executive Committee at the League's next meeting.
Councilmember Leger indicated that there are a couple that he would like to put into the record at this time -- #4,
which is Reasonable Limitations on Public Information Requests; #10, Restore Arizona Heritage Funds and #12, FAA
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Committee to Consider Air Flight Route Changes. He stated that he supports most of the other ones but these three he
would like to highlight.
Mayor Kavanagh said that those were definitely on her list and they were discussed at length and almost unanimously
passed by the Resolutions Committee so those should be ones that are passed on. She added that she knows that the
Legislature is looking at the Public Records Requests because of the hardship that it has brought on some of the cities
like Yuma. She reported that right now they are meeting in Committee and trying t o work out something that will pass
muster with the lawyers. She reiterated her hope that Councilmembers with any questions or concerns regarding the
resolutions will contact her prior to her next meeting so that she can follow up and obtain whatever info rmation she
can for them.
AGENDA ITEM #12 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
i) None.
AGENDA ITEM #13 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Mayor Kavanagh wished all of the Town's Jewish residents a Happy New Year and said that she hopes the New Year
brings them peace and prosperity in the season of Rosh Shoshanna
The Mayor also wished the Harvest Bible Chapel a Happy Birthday and stated that they had their one year celebration
last Sunday and she and her husband were in attendance to represent the Town. She reported that they are already
heavily involved in the Town's Crisis Response Team and helping to fund that for the Town. She added that they were
responsible for the Snow in the Park last Christmas, they donated that for the kids, and it is just a wonderful church and
she wishes them many more years in Fountain Hills.
Councilmember DePorter advised that this week he was asked to participate with Dr. Patrick Sweeney in the Fountain
Hills Unified School District's Marketing & Communications Taskforce made up of community members, teachers,
parents and staff to better position the school as one of the premier choices of schools in the Valley. He stated that
they are excited to see where the conversation goes and where the team members can help take that committee.
AGENDA ITEM #14 - ADJOURNMENT
Vice Mayor Brown MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 8:09 p.m.
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TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
_________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive Session, held in
the Fountain Conference Room - 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 17th day of September, 2015. I further certify that the meeting was duly called
and that a quorum was present.
DATED this 1st day of October, 2015.
_____________________________
Bevelyn J. Bender, Town Clerk