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HomeMy WebLinkAbout2013.1121.TCESRM.Minutes (
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE,SPECIAL AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 21,2013
EXECUTIVE SESSION
• CALL TO ORDER - Mayor Kavanagh called the Executive Session to order in the Fountain Conference
Room - 2nd floor at 5:30 p.m.
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, (SPECIFICALLY, RELATING TO THE
PRESIDING JUDGE POSITION).
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Councilmember Ginny Dickey, Councilmember Cecil Yates, Vice Mayor Cassie Hansen, Councilmember Tait
D. Elkie, Councilmember Henry Leger and Councilmember Dennis Brown. Town Manager Ken Buchanan,
Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present.
Councilmember Yates MOVED to go into Executive Session at 5:30 p.m. and Councilmember Brown
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM#2- ADJOURNMENT
Without objection, Mayor Kavanagh adjourned the Executive Session at 5:55 p.m.
SPECIAL SESSION
* CALL TO ORDER AND VOTE TO GO INTO SPECIAL SESSION
Mayor Kavanagh called the Special Session to order at 6:27 p.m. in the Town Hall Council Chambers.
AGENDA ITEM #1 - CONSIDERATION OF RESOLUTION 2013-43, DECLARING AND ADOPTING
THE RESULTS OF THE SPECIAL GENERAL ELECTION HELD ON NOVEMBER 5,2013.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that this meeting has
been called in accordance with A.R.S. §35-454.E, which states that the governing body will hold a Special
Meeting within 20 days after the election to canvass the votes and certify the results. He stated that the Council
has been provided the results and staff recommends approval. He indicated his willingness to respond to any
questions from the Council.
Councilmember Yates MOVED to approve Resolution 2013-43 as presented and Vice Mayor Hansen
SECONDED the motion, which CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM#2- ADJOURNMENT.
Councilmember Brown MOVED to adjourn the Special Session at 6:29 p.m. and Councilmember Dickey
SECONDED the motion, which CARRIED UNANIMOUSLY(7-0).
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REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the Regular Session to order at 6:30 p.m. in the Town Hall Council Chambers.
* INVOCATION-A moment of silence was observed
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda M. Kavanagh,
Councilmember Ginny Dickey, Councilmember Cecil Yates, Vice Mayor Cassie Hansen, Councilmember
Dennis Brown, Councilmember Tait D. Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan,
Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR'S REPORT
i) The Mayor may review recent events attended relating to Economic Development.
Mayor Kavanagh advised that she spent ten days in Azerbaijan on an official goodwill and fact finding mission
with her husband, State Representative John Kavanagh. She provided background information on the country
located north of Iran and south of Russia on the Caspian Sea. She noted that the country is democratic and
secular with religious tolerance and freedom and the trip was extremely enjoyable and interesting. She added
that the country is an ally of the United States and their troops are fighting alongside ours in Afghanistan. She
said she learned that municipal problems are the same everywhere and provided additional details regarding the
trip and their various experiences in the country. She advised that Azerbaijan is a role model for other
countries in the Middle East and she looks forward to developing the friendships that she made there.
ii) The Mayor will read a Proclamation proclaiming the week of November 28th through December 5th,
2013 as "CHABAD WEEK."
Mayor Kavanagh stated that Chabad Jubavitch is a worldwide movement under the leadership of one of the
most revered spiritual leaders, the Lubavitcher Rebbe, Rabbi Menachem Schneerson OBM. She noted that
Chabad has for many years, in the United States and throughout the world, actively promoted a greater
awareness of the concepts of education, morality and decency amongst all people. She advised that Chanukah
commemorates the rededication of the Jewish Temple by the Maccabaeus in 165 B.C. and is celebrated for eight
days beginning the 25th day of Kislev corresponding to the 28th day of November 2013. She further stated that
the Chabad of Fountain Hills is dedicated to personally contacting every Jewish household during this season
including visits to local hospitals, care homes, prisons, public Menorah Kindling Ceremonies in major shopping
centers and a Chanukah mobile offering information, Menorahs, candles and gifts for the children. Mayor
Kavanagh proclaimed the week of November 28th through December 5th, 2013 as CHABAD WEEK in the
Town of Fountain Hills to be utilized by educators, clergy and civic leaders to emphasize and perpetuate
education, morality and brotherhood.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Recognition of the Citizens for Saguaro Committee
Mayor Kavanagh stated that at the last meeting she thanked the Committee and added that she was so glad that
the road bond passed and she wanted to express her appreciation to the Committee right away. She noted that
some of the members were at the breakfast this morning and she publicly thanked them again for all of the work
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they did to get the bond passed. She advised that she is glad that she and members of the Council could again
express her appreciation to the members present at this meeting. She called upon Bob Thompson, Chairman of
the Committee, to make some remarks.
Mr. Thompson requested that all of the committee members present at the meeting stand and said that the group
worked very hard. He stated his belief that there are four substantial reasons why the bond measure went so
well -- the first being the condition of the street (citizens drive on it and could see for themselves the need that
existed). He added that the second is the great work performed by the Council and Town staff in preparing for
this issue. He added that the third is the great media coverage the Fountain Hills Times and to a lesser degree
the Arizona Republic provided (several excellent articles were done). He said that the last reason behind the
bond's successful passage is the work that the Committee performed and commented on all of the time and
effort that they put in. He further stated that he appreciates the recognition that the Council has bestowed upon
the Committee and said it was a pleasure to serve on it.
Councilmember Elkie thanked the members of the Committee for educating the residents and said they did an
excellent job getting the facts out there and helping the residents to understand the importance of passing this
bond issue.
Mayor Kavanagh stated that they will have to schedule a ribbon cutting ceremony and have the members of the
Committee participate in that celebration.
ii) Presentation of the Town's Comprehensive Annual Financial Report for the Fiscal Year ending June
30,2013,by Dennis Osuch, CPA,Partner with Clifton Larson Allen LLP.
Town Manager Ken Buchanan addressed the Council and stated that Mr. Dennis Osuch is present to provide the
Council with an overview of the Town's audit.
Mr. Osuch addressed the Council and said that his presentation this evening would be brief and the audit was a
very good one this year. He noted that it included a review of the Town's Comprehensive Annual Financial
Report for the Fiscal Year ending June 30, 2013 and the use of LTAF II monies, Highway User Revenue Funds
(HURF) and provided an opinion on the Annual Expenditure Limitation Report. He stated that he is happy to
report that they had a clean opinion on the Annual Expenditure Limitation Report as well as the HURF and
LTAF II Report. He added that on the Comprehensive Annual Financial Report the firm issued an unmodified
opinion (new terminology -- previously it was called an unqualified opinion), meaning that the financial
statements were in accordance with generally accepted accounting principles. He informed the Council that as
part of the audit his firm also reviews the internal controls and they don't provide an opinion on internal controls
but if there are any types of deficiencies they would report those to management and/or to the Council. He
stated that they would report material weaknesses or significant deficiencies to the Council and said that he was
happy to report that they found no material weaknesses or significant deficiencies as part of the audit. He
indicated his willingness to respond to questions from the Council. (Copies of the documentation/reports
relative to this agenda item are available on line and in the office of the Town Clerk.)
There being no questions,Mr. Osuch thanked Deputy Town Manager/Finance Director Julie Ghetti and the
Council for their support in conducting the audit. Mayor Kavanagh thanked Mr. Osuch for his presentation.
* CALL TO THE PUBLIC
None.
CONSENT AGENDA ITEMS
AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM NOVEMBER 7,2013.
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AGENDA ITEM #2 — CONSIDERATION FOR APPROVAL OF RESOLUTION 2013-53,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE PORTIONS
OF CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY
AND EASTERLY PROPERTY LINES OF PLAT 401-B, BLOCK 3, LOT 5 (10275 N. NICKLAUS
DRIVE), AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY,
ARIZONA. EA2013-03 (ZEMPER).
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A PAYMENT TO MARICOPA
ASSOCIATION OF GOVERNMENTS (MAG) IN THE AMOUNT OF $64,627.01 AS
PROPORTIONATE REIMBURSEMENT FROM PROCEEDS FROM THE SALE OF TWO GRANT
FUNDED STREET SWEEPERS.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Dickey
SECONDED the motion. A roll call vote was taken with the following results:
A roll call vote was taken as follows:
Councilmember Yates Aye
Vice Mayor Hansen Aye
Councilmember Leger Aye
Councilmember Dickey Aye
Councilmember Elkie Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY(7-0).
'4111)
REGULAR AGENDA
AGENDA ITEM#4 - CONSIDERATION OF A REQUEST BY THE PUBLIC ART COMMITTEE FOR
A NEW PROJECT TO DESIGNATE A NUMBER OF PUBLIC LOCATIONS THROUGHOUT THE
COMMUNITY AS "PHOTO OPPORTUNITY" LOCATIONS.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and referred to a
Letter of Request displayed in the Chambers from the Public Art Committee for a new project. He explained
that this would create a number of public locations around the community with "Photo Opportunity" signs
indicating that the location for photographers would be a potential spot to photograph (up to 20 throughout the
community on public properties, right-of-ways, parks, etc.). He noted that the program is similar to one offered
at Disneyland and added that the Public Art Committee is asking for the Council's support and would look to
staff to work out the actual individual locations. He added that the Committee is willing to pay for the cost of
the signs and the Town would be responsible for their installation. He referred to a photograph displayed in the
Council Chambers depicting what the signs would look like. He further stated that Mr. Miles, on behalf of the
Public Art Committee, would like to briefly address the Council.
Mr. Miles addressed the Council and said that he has seen signs like the ones they are talking about at
Disneyland and Disneyworld and even more recently with his wife at Fisherman's Wharf in San Francisco. He
added that it occurred to him and his wife that they live in a very photogenic town and there are many places
where fantastic photographs could be taken. He noted that the Fountain may be the third of fourth most
photographed place in the State. He displayed a sample of what the signs would look like and reported that they
would measure 18" by 12" and said they have been working with the Photo Club to select locations and stated j
that they want to identify places and then work with staff in an effort to continue to build up the attraction of this
community. He advised that all of the signs would be located on public property and the cost of the signs,
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which the Committee will take care of, will be approximately $100 each. He thanked the Council for providing
him an opportunity to speak and indicated his willingness to respond to questions.
Mayor Kavanagh asked Mr. Miles whether this will be on the Art Map or whether they will do another map that
will show people where all the locations are.
Mr. Miles responded that they plan to do a map showing all the locations and noted that the Chinese Lantern
Festival will be in Town next January/February and the Committee would like to get as many signs in place by
then so they can to give those visitors as many opportunities as possible to photograph the Town and share their
pictures with others.
Councilmember Yates asked how many signs they would be starting out with and whether this would be an on-
going program.
Mr. Miles replied that about 20 sites have been suggested and he will check them all out. He added that he
believes this would be an on-going program but he would hope that they could get most of the signs up within
the next two to three weeks.
In response to a question from Vice Mayor Hansen,Mr. Miles advised that most of the signs that the Committee
is using now are galvanized aluminum with black trim and he believes they will probably find that that is going
to be the best economic sign design.
Councilmember Dickey asked Mr. Mayer if the installation involved staking the signs into the ground (and the
Town would purchase the stakes and do the installation/maintenance as well).
Mr. Mayer responded yes and said that staff is envisioning materials that are typically used for street signs
law similar to what is on the kiosks for the trails. He said that the $100 is the estimate the Town was given for just
the sign itself and the posts are relatively inexpensive ($6.00 apiece). He confirmed that maintenance would not
be a big deal.
Councilmember Dickey asked if there would be an opportunity for the members of the Council to see the
proposed locations for the signs. She stated that what came to mind was placing a sign close to someone's home
or a location where people might not want photographers to gather. She said that she is just trying to be as
sensitive as she can.
Mr. Miles reiterated that all of the signs will be on public property and added that staff and the members of the
Public Art Committee are very sensitive about things like this. He said that he is hoping that the Council will
give staff the authority to proceed, trusting their good judgment.
Councilmember Dickey asked Mr. Miles if he would be open to having the Seal of the Town on the signs and he
said that would be great.
Councilmember Brown commented that it doesn't give him heartburn to give staff carte blanche to decide where
the signs would go but before he would approve it he would like to see one actual finished sign so he could see
exactly what it would look like.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to approve the request from the Public Art Committee to erect "Photo
co Opportunity" locations and erect the signs to that effect and Councilmember Brown SECONDED the motion.
Councilmember Elkie asked whether Councilmember Brown wanted to add the caveat to the motion (that the
Council be allowed to see one completed sign).
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Councilmember Yates WITHDREW his motion.
NW)
Councilmember Yates MOVED to approve the request from the Public Art Committee to have "Photo
Opportunity" locations and to erect signs to that effect pending approval of the design of the sign and
Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY(7-0).
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2013-56, AUTHORIZING THE
SUBMISSION OF A GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) FOR THE PURCHASE OF PORTABLE RADIOS BY THE FIRE DEPARTMENT
AND APPROVING THE ACCEPTANCE AND EXECUTION OF ANY RESULTING GRANT
AGREEMENT.
Fire Chief Randy Roberts addressed the Council relative to this agenda item and noted that the Department's
portable radios are operating in the VHF range currently and this is a range that most Fire Departments in the
valley have migrated away from. He stated that Rural Metro still operates on that but the two radio systems are
incompatible and the Town's two mutual aid partners, Scottsdale and Rio Verde, both operate in the 800
Megahertz so currently they can't talk to them when they get inside a building (the portables will not work). He
advised that with the considerable expense of portable radios, the Assistance to Firefighters Grant is offering
close to $290 million this year for Fire Departments. He explained that the radios are one of the things that fall
within the parameters of that grant so they are requesting the Council's authorization to purchase new radios that
have dual band capability (can talk on VHF to Rural Metro as well as on 800 Megahertz so they can talk with
outside departments).
Chief Roberts advised that the amount of the total purchase is $109,196.21 with a 10% match so the Town's
match would be $10,920. He reported that the Department's current portables are about four years away from
the end of their service life anyway so they would be looking to replace them in 2016-17 for the full amount.
He indicated his willingness to respond to any questions from the Council.
Councilmember Yates asked if the old radios have any value (could they sell them?) and Chief Roberts replied
that there probably is some value but being so close to the end of their service life he doubts that they would get
much for them(might be some trade in value).
There were no citizens wishing to speak on this agenda item.
Councilmember Elkie MOVED to approve Resolution 2013-56, allowing the Fire Department to apply for grant
funding to replace Fire radios and Vice Mayor Hansen SECONDED the motion, which CARRIED
UNANIMOUSLY(7-0).
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2013-45, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE
"AMENDMENTS TO CHAPTER 3 OF THE TOWN CODE," DATED NOVEMBER 21,2013.
Mayor Kavanagh advised that there is one Staff Report on Agenda Items #6 and #7 but two separate motions
will be needed.
Town Attorney Andrew McGuire addressed the Council relative to Agenda Items#6 and#7 and explained that
whenever they come upon an area where they are going to amend the Town Code it makes sense to look at the
whole chapter because most of the Code provisions haven't changed since 1989 when the Code was adopted.
He said that this is one of those sections that has not been touched a lot and so what is being presented is a
sweeping Chapter 3 overhaul and the main area where there are a lot of changes is in the Procurement area. He
said that he suggested that the Procurement provisions be updated to address a number of issues and while those
changes were being drafted, the remainder of the Chapter was revised. He noted that the Council has been
provided a copy of the proposal (Copy available on line and in the office of the Town Clerk). He noted that they
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want to set a framework for how they do things so when they get to the point of having these big bid processes
Lir there will already be something in place. He commented on the Town Manager's spending authority and
pointed out that there has been a change in that section from $20,000 to $30,000. He added that what is being
proposed is much more comprehensive than what is currently in place and it is intended to outline everything
that could possibly be thought of in terms of Procurement. He said that it also has a companion set of
Administrative Rules for the Town Manager(i.e. how do you get a check requested,etc.).
Mr. McGuire informed the Council that there are also sections that apply to appointed positions in the Town and
there was some clean up done in those areas but not anything substantial. He further stated that the Emergency
Operations section at the end has a few touch ups as well. He said that the redlined document provided to the
Council shows each and every change that was made and indicated his willingness to respond to questions from
the Council.
In response to a question from Councilmember Elkie relative to the Section 3.1.2 and what is meant by "Town
Officials", Mr. McGuire advised that that was his question too -- exactly what that meant. He said that as a
corporate entity he represents the Town and in the Town the entity can only act officially by a majority of a
quorum of the Council. He said he always questioned what that meant and he does work with members of the
staff on a day to day basis, but only the seven members of the Council can actually give direction. He stated that
he thought it was confusing and it would be better to just clarify it and say "Council."
There were no citizens wishing to speak on this agenda item.
Councilmember Leger referred to Section 3.1.1(I) and said he doesn't have an issue with the language or that
policy but he has always wondered whether that is driven and/or framed by State Statute. He stated that it is a
pretty strong statement and asked what the rationale is and whether there are any consequences for violations.
He noted that oftentimes members of the Council may be approached by a citizen who might have the
understanding that simply because they are elected officials they have the authority to direct a staff member to
do something, for example fix a pothole and things of that nature.
Mr. McGuire explained that that is part of the original Code and only minor changes are being proposed at this
time. He said that the text is not something directly from State Statute but it basically encompasses the
Manager-Council form of government, which is allowed for in State Statutes and the way they are set up. He
noted that it is a clear statement of what the roles are but it doesn't have a counterpart in the Statutes. He added
that the Town Code has two different kinds of violations -- default violations, which are things that are not
specifically defined with a penalty and those that are. He advised that most of the things that you define with
this specific penalty are civil penalties but the Code's default penalty is a misdemeanor so violation of anything
that doesn't have a specific penalty attached to it is a misdemeanor.
Vice Mayor Hansen referred to Page 8, new Section F under Administrative Duties for the Town Clerk, and
asked if State law should be included in that too because there are some things in State law.
Mr. McGuire replied that it could certainly be added and be accurate -- the Clerk is one of four positions that the
State actually requires municipalities to have so a simple addition could be done.
Vice Mayor Hansen also referred to Page 11, Section 3.2.4 - Political Activities and the whole section that was
taken out about "employees remaining free from any political activity in Fountain Hills' political elections while
on duty." She asked if that is saying if they are not on duty they can go out and actively be involved.
Mr. McGuire responded that staff was trying to bring the Code back in line with decades of case law and
(1110 actually make sure the employees didn't feel that their rights were infringed upon at all in terms of political
activity because if they are not doing it while on duty, they are certainly within their rights to do whatever they
want. He added that it used to have provisions that said "not in Fountain Hills'elections" but he does not believe
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that would be enforceable and they are trying to mirror what they do in their Personnel Policy already to make
sure they don't have a different requirement than the Town Code.
There were no citizens wishing to speak on this agenda item.
Councilmember Elkie MOVED to approve Resolution 2013-45, declaring as a public record that certain
document filed with the Town Clerk entitled the "Amendments to Chapter 3 of the Town Code," dated
November 21, 2013 and Councilmember Brown SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM#7 - CONSIDERATION OF ORDINANCE 13-04, ADOPTING THE "AMENDMENTS
TO CHAPTER 3 OF THE TOWN CODE," DATED NOVEMBER 21, 2013 BY REFERENCE AND
REPLACING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 3, ADMINISTRATION,
WITH THE NOVEMBER 21,2013 AMENDMENTS.
For discussion of this Agenda Item, see Agenda Item#6 above.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Hansen MOVED to approve Ordinance 13-04, adopting the "Amendments to Chapter 3 of the
Town Code," dated November 21, 2013, by reference, and replacing the Town of Fountain Hills Town Code,
Chapter 3, Administration, with the November 21, 2013 amendments and Councilmember Brown SECONDED
the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - 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 #9 — SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT
ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM#10 - ADJOURNMENT
Councilmember Elkie MOVED to adjourn the Regular Session and Councilmember Yates SECONDED the
motion, which CARRIED UNANIMOUSLY(7-0). The meeting adjourned at 7:06 p.m.
11)
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TOWN OF FOUNTAIN HILLS
( ir
By
inda M. l
)Aayre.t4,016,4404.
Mayo
ATTEST AND
PREPARED BY:
Bevelyn J. B de own 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 the Special and Regular Sessions held by the Town
Council of Fountain Hills in the Town Hall Council Chambers on the 21st day of November, 2013. I further
certify that the meetings were duly called and that quorums were present.
DATED this 19th day of December, 2013.
Bevelyn J. B der own Clerk
L
L
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.
J