Loading...
HomeMy WebLinkAbout2012.0301.TCRM.Minutesz:\council packets\2012\r3-15-12\120301m.docx Page 1 of 9 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 1, 2012 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:33 p.m. in the Town Hall Council Chambers. * INVOCATION – Mary Kubes, Church of the Ascension * ROLL CALL Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember Contino, Councilmember Leger, Councilmember Hansen, Councilmember Brown, Councilmember Elkie and Vice Mayor Dickey. Acting Town Manager/Community Services Director Mark Mayer, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. * MAYOR'S REPORT i) NONE. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) RECOGNITION of Community Center Advisory Commissioners Gr ace Jakubs and Kathie Kelly for their contributions. Mayor Schlum stated that Grace Jakubs was not present this evening but noted that she has served as a member of the Community Center Advisory Commission since 2008 and was instrumental in developing the Center's policies and procedures and implementing the Center's activity reports. He added that Grace will be missed but will continue to be active in the community as a member of the Senior Services Advisory Commission and thanked her for her contributions. Mayor Schlum also expressed appreciation to Kathie Kelly, also a member of the Community Center Advisory Commission from 2010 to December of 2011, and noted that she was always willing to help and follow up in any way that she could with her expertise on topics at hand. He stated that she possesses a strong understanding of the Commission's Mission Statement and policies and procedures and wished her the best in her future endeavors. ii) RECOGNITION of McDowell Mountain Preservation Commissioner Bob Sanders for his contributions. Mayor Schlum commended Bob Sanders for his contributions and active participation in the McDowell Mountain Preservation Commission and said that he has improved the safety and enjoyment of Fountain Hills. He advised that Mr. Sanders was instrumental in naming the Sonoran Trail Preserve and was involved in many of the Commission's worthwhile endeavors. He said that through his efforts, the Preserve is one of the safest mountain preserves in the State. He added that Mr. Sanders designed the informational plaques and spent many ho urs installing the signs and emergency markers on the trails. He said that because of his efforts, first responders (Firefighters and the member of the Sheriff's Office) believe the signage will help save lives and increase the enjoyment of those who hike, bike and enjoy the beauty of the Preserve. iii) RECOGNITION of Parks and Recreation Commissioner Fred Bedell and Youth Commissioner Amy Sanders for their contributions. z:\council packets\2012\r3-15-12\120301m.docx Page 2 of 9 Mayor Schlum advised that Fred Bedell, a member of the Parks & Recreation Commission, served as an active Commissioner for five years (a Co-Chair for two terms). He is being most recently recognized for his efforts in the Greening of the Park and Downtown, a project that he has been involved in since its inception. He worked on plans, fundraisers and generating reports for the Council, Commissioners and the community. He also spent endless hours planting seeds and trees to beautify the Town of Fountain Hills. He served on the Finance Committee for several terms, working with the Parks & Recreation Director and staff. He has been a willing volunteer and always willing to serve his community. The Mayor thanked him for his involvement and service. Mayor Schlum recognized Youth Commissioner Amy Sanders who served two terms on the Commission, acting as liaison between Parks & Recreation and the community High School. She focused her time on identifying and expanding teen activities, initiated a survey to determine the youths' desires/interests in the activity area and then proceeded to assist them in implementing those programs. He noted the increased youth attendance at the recommended events and expressed appreciation to Ms. Sanders for her strong involvement and worthy efforts. iv) RECOGNITION of Senior Services Advisory Commissioners Ed Cisak and Larry Mallek for their contributions. Mayor Schlum stated that Ed Cisak, a member of the Senior Services Advisory Commissioner, is a leader and helped to establish Senior Night and served very capably for over six years on the Commission. He was committed to the Home Delivered Meals program and has served thousands of meals to incapacita ted citizens in Town. He gave his time and wisdom to help guide the Seniors & Boomer s' Center which now boasts the largest membership ever in Fountain Hills. He thanked Mr. Cisak for his very worthwhile contributions to the entire community. Mayor Schlum also commended Larry Mallek, a member of the Senior Services Advisory Commission, for his excellent efforts to serve and improve the community. He noted that Mr. Mallek began serving on the Commission in 2006 and contributed his time and considerable talents to the Senior Services Center's transition from a private effort to the Town's fully functioning Center that it is today. He too helped to increase membership/participation in the Center and the Seniors & Boomers' Center, which today boosts over 1,200 participants. He created innovative thoughts to assist in any issue he was involved in and thanked him for his concern and his great work. Mayor Schlum presented those Commissioners present at the meeting with Certificates of Appreciation of behalf of the Town and the citizens of Fountain Hills. He stressed the importance of the work that is done on a daily basis by those being recognized tonight and others and encouraged anyone who is interested to volunteer their time as well. Vice Mayor Dickey announced that Monday, May 5th, will be the Mayor's birthday and said that she wanted to take this opportunity to wish him a Happy Birthday. The members of the Council and audience sang Happy Birthday to Mayor Schlum. * CALL TO THE PUBLIC Town Clerk Bev Bender advised that one citizen wished to address the Council under this agenda item. Bob Deppe addressed the Council relative to Town Codes and noted that each member of the Council was provided with a copy of a handout that he intended to discuss (a copy of Mr. Deppe's handout is available in the office of the Town Clerk). He highlighted the contents of the handout that referenced five Town Codes (Sections 10-2-2; 10-2- 2D; 10-2-15; 10-2-18 and Article 1-8). Mr. Deppe noted that he filed a complaint in January of this year on a property located at 16239 N. Boulder (a nearby residence) regarding wild desert broom weeds growing up to six feet among various forms of cactus plants in front and side yards. He was advised that the desert broom were now considered part of the s o called desert landscaping by owner and were okay. Three years ago a similar complaint was issued and the owner was forced to z:\council packets\2012\r3-15-12\120301m.docx Page 3 of 9 cut them down. He said that if this is desert landscaping then the rock layer in the yard must be removed. He added that he brought the issue to the attention of Interim Town Manager Julie Ghetti who responded that there is no Code violation and when questioned as to whether this would be considered a fire hazard was told that the Fire Department has determined that there is a moderate risk to the property but very limited risk to his property because of the distance between the desert broom and his home. Mr. Deppe outlined other questions posed/responses received regarding this issue and informed the Council that the last response from Ms. Ghetti "finally admitted to the real issue." He noted that Ms. Ghetti said that, "Code has stated that the landscaping does not present a Code violation unless we want to enforce all weeds in the Town." He said that in other words, the Town has decided not to enforce the above cited Codes and asked what would happen if the Sheriff decided not to enforce speed limits because of a lack of deputies. He stated the opinion that he has a legal recourse against the Town and asked that they please enforce the Codes. He added that he would like to receive a response from the Mayor. Mayor Schlum thanked Mr. Deppe for his input CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM JANUARY 26, 2012 (RETREAT) AND FEBRUARY 16, 2012. AGENDA ITEM #2 – CONSIDERATION FOR APPROVAL OF RESOLUTION 2012-03, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PORTIONS OF THE PUBLIC UTILITY EASEMENT LOCATED AT THE REAR PROPERTY LINE OF PLAT 401-B, BLOCK 6, LOT 28 (10406 N. DEMARET DRIVE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA EA2012-01 (MARTIN). AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY VALERIE ANN STASIK REPRESENTING THE FOUNTAIN HILLS THEATER, INC., FOR THE PURPOSE OF A FUNDRAISER TO BE HELD AT 13001 N. LA MONTANA DRIVE, ON SUNDAY, MARCH 19, 2012, FROM 5:00 P.M. TO 11:00 P.M. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY SAMUEL D. COFFEE, REPRESENTING THE SONS OF AMVETS SQUADRON 7, FOR THE PURPOSE OF A FUNDRAISER TO BE HELD AT 12925 N. SAGUARO BOULEVARD ON SATURDAY, MARCH 17, 2012, FROM 10:00 A.M. TO 6:00 P.M. Councilmember Brown MOVED to approve the Consent Agenda as listed and Councilmember Elkie SECONDED the motion. A roll call vote was taken with the following results: Vice Mayor Dickey Aye Mayor Schlum Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Contino Aye Councilmember Brown Aye Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY (7-0). z:\council packets\2012\r3-15-12\120301m.docx Page 4 of 9 REGULAR AGENDA AGENDA ITEM #5 – CONSIDERATION OF ORDINANCE 12-02, AN AMENDMENT TO THE FOUNTAIN HILLS TOWN CODE, CHAPTER 1, ARTICLE 1-8, AND CHAPTER 12, BY CREATING PROVISIONS RELATED TO ENFORCEMENT OF CIVIL REGULATIONS. Town Attorney Andrew McGuire addressed the Council relative to this agenda item and said that as discussed at the last meeting, there are a very large number of violations in the Code that are actually misdemeanor violations, including the just mentioned weed violations. He noted that according to current Code, when a provision prohibits or declares an act to be unlawful without referencing a specific penalty, the default penalty is a Class 1 Misdemeanor. He added that although a criminal penalty may be appropriate for some acts under the Code, such as the discharge of firearms, other acts may be more appropriately penalized through a civil penalty process (spitting on the sidewalk for example). Mr. McGuire highlighted the contents of a Staff Report, which is available on line and in the office of the Town Clerk. Mr. McGuire advised that unfortunately, while several sections of the Code have been modified over the years to allow for civil citations in certain circumstances, the Code currently does not provide for a uniform civil penalty system to be utilized for those violations that do not rise to the level of a criminal offense. He added that the proposed amendment is intended to provide a uniform system for a civil enforcement process. He further stated that the Town Code enforcement process emphasizes compliance over penalties and the Town's Code Enforcement staff has been utilizing a process that allows for notice to the person committing the violation and a chance to remedy that violation prior to the issuance of a citation. He said that under the new civil process, if the violation continues after the notice and opportunity to cure, then the process provides for a civil citation to be issued. He stated that thereafter, if there is a pattern of repeated civil violations, a criminal complaint may be filed. He pointed out that this compliance-based approach has been successfully employed in other communities and said that it encourages swift compliance with the Code and expedites enforcement of the Code. Mr. McGuire informed the Council that it is staff's desire to provide for a compliance -based approach that may be able to be utilized throughout the appropriate provisions of the Code. He advised that adoption of the proposed amendment will allow for more efficient amendments to the Code in the future because rather than replacing every section of the Code appropriate for the civil penalty process with a lengthy and detailed explanation of the civil penalty process related to that specific violation, an amendment to the code will only need to contain a brief reference to the civil penalty process. He emphasized that it is not the intent that any of the existing Code provisions be modified from criminal misdemeanors to civil offenses by this amendment -- rather this Code amendment is intended to provide the vehicle for future Code modifications. He added that staff intends, over the course of time, to update all of the penalty provisions of the Code to adopt the compliance-based approach and noted that each such amendment will come before the Council for approval. Mr. McGuire indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. McGuire for his presentation. There were no citizens wishing to speak on this agenda item. Vice Mayor Dickey MOVED that the Town Council adopt Ordinance No. 12-02, an amendment to the Fountain Hills Town Code, Chapter 1, Article 1-8, and Chapter 12, creating provisions related to enforcement of civil violations and Councilmember Brown SECONDED the motion. Councilmember Contino asked what this would do for the business people (how will this be better or will it not do anything for the community?). Mr. McGuire replied that this would establish the framework by which the Council can then designate things as either criminal (the way they are today) or civil and noted that without this mechanism everything is criminal. z:\council packets\2012\r3-15-12\120301m.docx Page 5 of 9 Councilmember Contino asked if they do this tonight, what will they change after this. Mr. McGuire stated that they could change whatever sections of the Code the Council decides should be decriminalized. He noted that they have talked before about zoning violations and said that is a very common violation and other communities have backed off of a number of the zoning violations and have only civil enforcement for most of them. He added that some of them, like the storage of hazardous materials for example, would have to be kept criminal. He said that as they come to different areas of the Code that they want to amend, the Council will decide whether they should be treated as civil or criminal violations. He reiterated that this action tonight would only set up the mechanism for the Council to make those decisions if they so desire. He noted that the next step would be to identify those areas that the Council wants to consider. In response to a question from Councilmember Contino, Mr. McGuire explained that the Council will decide what should be charged as a misdemeanor offense and what should be charged as a civil offense. He noted that the only way that an infraction that is normally civil can become criminal is if it is repeated. He added that if there are a repeated number of civil citations that are not complied with, then they can be kicked up into the misdemeanor category. He emphasized that the process is meant to be 1) Notice; Chance to comply; 2) If no compliance, civil and 3) Repeat non-compliance, which can kick up in the misdemeanor category. Councilmember Contino asked if the owner of a business would have an opportunity to say, "No, that's not right, I disagree with you?" Mr. McGuire said that if the order of civil infraction is challenged, the Town will appoint a Civil Hearing Off icer to hear the case. He stated that they don't have anyone on staff doing that now nor do they have a contract with anyone and they have to determine if they want to find a "go to person" on a contract basis based on the number of violations they have. He added that for the time being a civil hearing will be on a spot basis and they would appoint an appropriate Hearing Officer depending on the type of violation. Councilmember Contino expressed the opinion that sometimes the businesses get the shaft and he just wants to make sure that the businesses are protected. Mr. McGuire assured Councilmember Contino that everyone would be treated equally and Councilmember Contino stated that he would disagree but go along with that. Mayor Schlum asked if Mr. McGuire had any idea of the number of cases that they might need to have a Hearing Officer participate in and Mr. McGuire responded that it depends on the community. In communities with consistent and well maintained Code Enforcement processes very few, mainly because most of the people who are contacted by Code Enforcement for the most part comply to avoid any further problems. He said that he does not know that the Town has had to utilize the services of a Hearing Officer (comp liance comes before civil citations are issued). Mayor Schlum stated that it appears to him that the intent is to make offenses lesser than criminal citations -- they would be "stepping it down" as far as any type of business impact for example. Mr. McGuire concurred with the Mayor's remarks and said that the Town Code is based on a Model Code and the default in that is criminal misdemeanor -- many of the municipalities used that Model because they did not at the time of adoption have the resources to do their own but now the Town has the opportunity to make appropriate, positive changes if the Council so desires. He added that this proposal would allow the Council to be less severe when they believe it appropriate. More and more communities are going with the more active compliance approach. Councilmember Elkie commented that this will give the Council the framework to make changes but it would not automatically fix the Code. He said it is important to agendize or have a committee or staff begin looking at the Codes so that the Council can go through them and decide what should be civil and what should stay as is. z:\council packets\2012\r3-15-12\120301m.docx Page 6 of 9 Mr. McGuire concurred with Councilmember Elkie's statements and said until the Council decides to amend any Code provisions what they are doing tonight remains dormant. He added that it will take some time to identify the areas that the Council may want to change. Vice Mayor Dickey asked if something is driven by an actual event, would the Council have the authority to change the penalty even though they haven't gone through and changed it beforehand. Mr. McGuire replied that it would not affect the violation that caused them to notice that a change was required. He noted that what typically happens in those cases is when a Judge comes across s omething that seems to be a bit severe, such as a misdemeanor, the Judge uses discretion to ensure that the penalty assessed fits the situation. He added that this mechanism is intended to not make it so intimidating for people. Councilmember Hansen said that she thinks Mr. McGuire provided a good example in his Staff Report that made what they are doing clear to her -- "Although a criminal penalty may be appropriate for some acts under the Code (i.e. discharge of firearms), other acts may be more appropriately penalized through a civil penalty process (i.e. spitting on the sidewalks)." She added that they can view this as a positive thing and it would also provide an opportunity in the review process to identify some of the Codes that they aren't really enforcing and might be better left out of the Code. Councilmember Elkie said that if a Code is not specifically identified as a misdemeanor or civil (just left blank, a violation) under the current Code it would be a Class 1 Misdemeanor (by default). He noted that this is the most serious type of misdemeanor. He further stated that Mr. McGuire mentioned a Hearing Officer and having a process for the Notice of Violation (an appeal process for businesses that may be served with such a Notice). He asked if there would be a mechanism in place that could be enforced that would allow the Town's Judge to serve as that Hearing Officer. Mr. McGuire responded that that is precisely what a lot of the communities do and it would be perfectly appropriate for the Judge to serve in that role. Councilmember Elkie stated that if a business owner disagreed with a Notice of Violation they would then have a remedy if they were to amend the Town Code to that effect and Mr. McGuire concurred. Councilmember Elkie asked with respect to the amendments to the Town Code whether the Town Prosecutor has had an opportunity to provide input. Mr. McGuire advised that he spoke with the Town Prosecutor early on in a general manner but he has not had the chance to talk with him specifically about the language. He indicated his intention to contact the Town Prosecutor and talk in greater length about this issue. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 – CONSIDERATION OF THE FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) TO HDR ENGINEERING'S DESIGN CONTRACT FOR THE SHEA BOULEVARD/SAGUARO BOULEVARD INTERSECTION IMPROVEMENTS PROJECT. THIS PSA AMENDMENT #4 INCREASES THE PROJECT DESIGN COST BY $50,139 AND EXTENDS THE CONTRACT TIME TO AUGUST 31, 2012. Town Engineer Randy Harrel addressed the Council relative to this agenda item and outlined the Staff Report (Copy is on line and on file in the office of the Town Clerk). Mr. Harrel advised that the Town Council recently approved Resolution 2011-38, amending the FireRock Plaza, LLC Development Agreement. He advised that the property had been foreclosed on by its lender, Wells Fargo z:\council packets\2012\r3-15-12\120301m.docx Page 7 of 9 Bank, and in Resolution 2011-38 the Town assumed responsibility for design and construction of some offsite improvements in exchange for their payment of $200,000, which has been received. Mr. Harrel noted that the Town previously contracted with HDR Engineering to design improvements to Shea Boulevard, including overlaying the pavement along the project frontage and constructing a sidewalk and traffic signal interconnect conduit, to the Circle K driveway (just west of Cereus Wash and the project frontage). He explained that this Fourth Amendment to HDR's design contract will design the offsite improvements covered in the amended development agreement and outlined and noted that the following work will occur on the south side of Shea Boulevard: 1) Add sidewalk from the Circle K driveway, crossing Cereus Wash to the existing sidewalk at FireRock Plaza; 2) Add traffic signal interconnect conduits on the above sidewalk length and from the FireRock Plaza driveway to near the easterly Town limit (plus adding count loop detectors on Shea Boulevard near the easterly Town limit); 3) Extend traffic signal interconnect conduit at the western end of the Shea-Saguaro project; and 4) Add a retaining wall above the existing Cereus Wash box culvert to support the above sidewalk Mr. Harrel informed the Council that the addition of this work into the above project's design will be the least costly and be least disruptive to the travelling public. He stressed staff's support for this project and indicated his willingness to respond to questions from the Council. Mayor Schlum thanked Mr. Harrel for his presentation. There were no citizens wishing to speak on this agenda item. Vice Mayor Dickey MOVED to approve Contract Amendment No. 4 to HDR Engineering's design contract for the Shea Boulevard/Saguaro Boulevard Improvement Project, in the amount of $50,139 and Councilmember Elkie SECONDED the motion. In response to a question from Councilmember Contino relative to the fact that some of this stuff was discussed back in December (why is it being brought up now?), Mr. Harrel advised that the Development Agreement amendment was approved in December and from there staff put together the rest of the change order packet. He said they had to work with legal and brought the information back as soon as possible. Mayor Schlum commented on the fact that the Council approved the $200,000 in December, which was the agreement with the bank to give the Town the funds to be utilized to pay for this and now this change is to expand the scope of work; Mr. Harrel concurred. The Mayor said it is more money for the amendment to the contract but the work is the same work that they expected to pay for previously and now it is broken out as to who is going to do what work. Mr. McGuire clarified that the work that is being designed here would have been work completed by the property owner had the development successfully gone forward. He reported that the bank negotiated to get out of that obligation (development agreement) and as a result, because they had a project already in process next to this, it was added to that to be able to do those improvements to complete what the developer otherwise would have done. The Mayor asked if the figure before them is in alignment with what the $200,000 would have covere d and Mr. McGuire replied that some of it is and some of the amount was for traffic signal improvements at the corner and z:\council packets\2012\r3-15-12\120301m.docx Page 8 of 9 they are no longer necessary so the amount wouldn't necessarily be the same but those funds will apply to what the developer would have had to build. Mayor Schlum asked if the $50,000+ had been budgeted (was it expected?) and where was the money coming from. Mr. Harrel responded that the work was anticipated and budgeted for in the Capital Projects Fund where the money from the developer went. Councilmember Leger asked if this is the last piece of design work on the project and Harrel confirmed that it is. Councilmember Leger asked when the project will begin and Mr. Harrel explained that this agreement extends the design contract through the end of August but they hope to have the project begin in late fall. Mr. Harrel also confirmed that the project will include all of the enhancements (the "Centerpiece"). Mayor Schlum commented on the fact that this project is a very large one and primarily grant funded and Mr. Harrel reported that this will be a $3 million (70% grant funded). The Mayor commended staff on their coordination and efforts to see this project through to fruition. He stated that this is a much needed improvement Councilmember Brown noted that Mr. Harrel stated that project commencement is projected for fall and he said after going through having sewer lines laid during the height of the Town's tourism season he would really like to talk about starting the project in April/May in order to avoid the traffic congestion they previously experienced. Mayor Schlum said that that is a good thing to consider particularly in the downtown area and added that he also knows that the Shea Boulevard area has other challenges during the summer with all of the boat traffic. He stated that staff is aware of the challenges and knows that they will work towards minimizing problems although he is aware of the fact that this is going to be a lengthy project. Mr. Harrel advised that this is not a project they want to do in the winter or the summer and the fall or spring months are too short to get the work done. He said that this is a Council decision and if they would not like the project to start until spring, staff will certainly carry out their direction. The Mayor commented that they would like it to go quickly. Councilmember Brown asked if there were any traffic studies that provide traffic counts during the different months on Shea Boulevard. Mr. Harrel replied that most of the counts have been done during the winter and a few over the summer and certainly traffic is much less in the summer but then they are dealing with boat traffic, particularly in this area. Councilmember Brown commented that the boat business is not good right now and he hopes it picks up. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #8 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. NONE. z:\council packets\2012\r3-15-12\120301m.docx Page 9 of 9 In response to a question from the Mayor, Acting Town Manager/Community Services Director Mark Mayer said that next week they are scheduled to do the duck removals. Councilmember Elkie requested that staff begin working on the Town Code amendments. He said that he would like to begin that discussion and process sooner rather than later. AGENDA ITEM #9 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE INTERIM TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI. None. Mayor Schlum commented on the fact that the Town's new Town Manager, Ken Buchanan, will come on board this coming Monday. He encouraged everyone who sees him to welcome him to Town. The Mayor Schlum noted that Interim Town Manager/Finance Director Julie Ghetti was not present at the meeting and said they would recognize her later. He added that Ms. Ghetti did a tremendous job and they are excited that she will help Mr. Buchanan while serving in her position as Deputy Town Manager. AGENDA ITEM #10 – ADJOURNMENT. Councilmember Contino MOVED that the Council adjourn the meeting and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:19 p.m. TOWN OF FOUNTAIN HILLS By_____________________________ Mayor Jay T. Schlum 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 1st day of March, 2012. I further certify that the meeting was duly called and that a quorum was present. Dated this 15th day of March, 2012. _____________________________ Bevelyn J. Bender, Town Clerk