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HomeMy WebLinkAbout2013.0321.TCRM.Minutesz:\council packets\2013\r130418\130321m.docx Page 1 of 15 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 21, 2013 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers * INVOCATION – Mary Kubes, Bookkeeper and member of the Church of the Ascension * ROLL CALL Present for roll call were the following members of the City Council: Mayor Kavanagh, Vice Mayor Leger, Councilmember Brown*, Councilmember Dickey, Councilmember Yates, Councilmember Elkie, and Councilmember Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. * Councilmember Brown participated in the entire meeting through the use of teleconferencing equipment. * MAYOR’S REPORT i) The Mayor may review recent events attended relating to economic development. The Mayor provided input later on during the meeting. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) PRESENTATION by Arizona Senator Michele Reagan regarding matters relating to any new legislation that may impact Fountain Hills and its citizens. Senator Reagan advised that this year she was appointed Chairman of the New Elections Committee and noted that there are a lot of election bills so she wanted to update the Town on issues that she is working on. She asked Councilmember Yates whether he knew that he could walk into Town Hall on Election Day with 4,000 ballots and stated that there is nothing in the statutes to prohibit this. There are great groups out there doing a wonderful job of getting people registered to vote and offering to pick up their ballots and return them. She has issues with this and pointed out that the Town conducts all mail ballot issues and so it would be easy to just mail back the ballots. Some states have enacted laws limiting the number of ballots that groups can return and so this issue is being weighed. She added that during the last election many polling places had long lines and people were forced to vote provisional ballots (they had received early ballots but decided to go to the polls and therefore provisional ballots had to be cast). This resulted in long lines, delayed results and angry voters who had to cast provisional ballots. She advised that people had signed up to be on the Permanent Early Voting List (PEVL) but did not realize that they were on it. She stated that she personally likes being on the PEVL but for the thousands of people who are on it who may not wish to remain on the list; the only way to get off the list right now is to submit a letter in writing to the County Recorder. This is not typically something that people would think about having to do, especially if they have moved. She noted that one of her goals is to clean up that list. She reported that the Maricopa County Elections Director said that there are 1.2 million people in Maricopa County on the PEVL and the bill she is proposing would affect about 25,000 of them, a majority of which live in District 23. She also discussed issues associated with petition circulators and said that a Fountain Hills constituent had conducted research on a number of the petitions and found a number of discrepancies. She stated that this is another issue that they are tackling (petition circulator companies bus people in for the big elections, drop them off and sometimes their addresses are the Bashas' parking lot). Anyone who signed the front of a petition like that is being completely disenfranchised because those signatures are crossed out. She stressed the importance of making sure that these people/companies are following the State's laws in order to protect everyone's vote. Senator Reagan also commented on the proposed Transaction Privilege Tax (TPT) legislation and said the Finance Committee in the Senate discussed that bill (she serves on that Committee). She noted the negative impacts this bill z:\council packets\2013\r130418\130321m.docx Page 2 of 15 could have on municipalities, particularly smaller ones like Fountain Hills, and added that she was disappointed that it was removed from Representative Kavanagh's committee because he was working with the cities and towns and had some agreements/ideas in the works. The bill ended up in the Senate where it was heard and some suggestions were made and it is her hope that they now confer with Representative Kavanagh and others in the House and prepare some amendments before it goes to the floor (she and the other Committee members she believes made that very clear). She said she is on the side of the taxpayers and they need to see some hard numbers in order to know how the taxpayers will be affected. Senator Reagan, who distributed business cards to members of the audience earlier in the meeting, stated that she is always available to answer questions and encouraged citizens and/or the members of the Council to contact her at any time. Mayor Kavanagh thanked Senator Reagan for her coming to Fountain Hills and for her presentation. The Mayor said that she has been working with the Mayors on the TPT legislation. She added that a lot of seniors have expressed concerns regarding the fact that their signatures have changed and they want to know how they can find out if their ballots were counted. Senator Reagan responded that they (the County Recorders) actually have someone look at each and every signature and compare the voter registration signature to the one in the registers. If signatures do not match or do not look right, they are reviewed by different people, including handwriting experts. If the signature is not accepted, they contact the voter so if ballots are turned in and the voters do not hear from the County, t hen their signatures have been accepted and their votes were counted. All of the ballots are numbered and the County knows exactly how many go out and how many come back; they can account for the ballots. Councilmember Leger also thanked Senator Reagan for coming and said the whole Council has been following the TPT legislation and there was a 6-1 vote in the Senate Finance Committee (and an amendment). He requested a brief update on this legislation and said that the amendment is somewhat confusing in terms of its implications. Senator Reagan advised that the amendment that was prepared in Committee was prepared improperly so they had to decide whether to put a messed up amendment on it or not do one at all. They passed it with a strict agreement that there would be changes made on the floor. She reviewed the bill process stating that before the bill goes to the floor it has to go to the caucuses, both Republican and Democrat. Staff explains the bill and goes over the proposed changes and read specific Committee member's comments in order to get the general feeling. Those comments let people who are not on the Committee find out when there are changes coming so they can pay attention -- a 6-1 vote does not necessarily mean everything is fine with it and there are changes coming. She added that the big "sticking points" appear to be the TPT and Audit provision so she questioned why not take off the Audit piece. That hasn't prevailed yet but if the cities/towns continue to enforce the fact that they are going to be negatively impacted that could be the end result. The biggest thing right now is the discrepancies in the numbers and they need to get good, hard numbers to look at. She indicated her willingness to keep the Council posted on this important issue. Councilmember Leger advised that he is more concerned about the construction sales tax collection at point of sale than he is the auditing portion and noted that the Town stands to lose a significant amount of revenue. He added that that is the confusing part in terms of the amendment. Vice Mayor Elkie thanked Senator Reagan for coming to the Town again. He said that with the Town relying so heavily on sales tax and State Shared Revenues, the TPT would have a significant impact on the Town and their ability to pay for needed services. Speaking for himself he said if there was an amendment that somehow allowed the cities and towns to tax on top of that, he personally would not feel comfortable doing that. He stated that hopefully they will be able to work out some sort of compromise. Senator Reagan said that she would like a little bit of direction from the Council. She added that if it comes down to either they get the TPT tax or the audit privileges, which would they want? She stated that if she were on the Council she'd take the TPT and forget about the auditing portion. If they can't have both she would like to kno w which one they would like to have. Vice Mayor Elkie and Councilmember Yates said the TPT tax. z:\council packets\2013\r130418\130321m.docx Page 3 of 15 Senator Reagan said that she is glad they have a reasonable Council because in some of the cities, the Councils would not even discuss that. Mayor Kavanagh noted that the Mayors have been working with the League and there will be a lot coming out of Ken Strobeck's office that she will be happy to pass along. Senator Reagan advised that having this show up on the Finance Committee's agenda at the last minute was a complete surprise. She added that the Mayor and Council may already be doing this but she would suggest that they direct the League as far as where the negotiations go. She said that every city and town is different and Fountain Hills has unique needs and they should not allow themselves to be thrown under the bus just because the Town is a small one. The Mayor advised that the small and the large cities are in agreement so it is not the small cities and towns versus the big cities. It has been a great unified effort and pretty much in agreement on all the issues and the League knows that. Councilmember Brown welcomed Senator Reagan to Fountain Hills and said that he is a general contractor and has said and will say again that it would be criminal to take the TPT away from Fountain Hills. He added that on the other hand he has also been through two audits and both audits were so flawed that they actually sent him a $375,000 bill that he handed back to his CPA and said that they would be writing him a check and in the end they did. He advised that he has zero faith in State audits and from a general contractor's standpoint, he would love to see the TPT gone but because of what it would do to the Town (audit wise) he is saying let's leave it alone. He thanks Senator Reagan for coming to Fountain Hills. Councilmember Dickey also welcomed the Senator to Town and stated that she thinks it was a unanimous vote in the House Committee Ways & Means or something but they said what she is saying -- if it comes to the floor it won't have the support and that is kind of what happened in Finance today.. She referred to SB 1403 and noted that it passed in the third read today. She said she was wondering what Senator Reagan sees as the ramifications of that bill -- what would happen to the cities and even the State with that bill in real life. Senator Reagan advised that the bill has been pretty gutted from its original form and what is left is a lot of flowery language and is an interesting read. She stated that it was very important to her before she voted yes on it, which she did, that it didn't have unintended consequences. She added that they did have a sign off on that from all of the major Chambers of Commerce groups on language that it will not have a negative effect on businesses. She said that the bill, as far as she has heard from Chamber officials around the State, will not have an effect on the functions of businesses in this community. Councilmember Dickey stated that as far as the businesses she understands that but asked Senator Reagan if she sees that bill ever having an effect if for example they wanted to go with a fleet of cars that use natural gas or runs on electricity as it seems to prohibit a lot of actions that cities/towns could take and asked if the Senator thought the bill might ever have that type of real life effect on policies that the Town might make. Senator Reagan responded that she would hope not and added that she would be happy to check that language and get back to the Mayor and Council. She pointed out that when they have bills like this that are very broad it is very important to determine exactly what they are affecting. She noted that the cities did not weigh in and asked if they were opposed to the amendment. Councilmember Dickey advised that she had just printed it out before she got to the meeting and it appears they were opposed. The Senator reiterated her willingness to look into this for the Council and said it is her understanding that there was no major opposition once the amendment was made. Councilmember Leger commented that sometimes the Council agrees on things and sometimes they don't and he just wanted to point out that he believes it is fair to say that they, as a Council, are unified with respect to being opposed to what is being proposed by the Governor. He noted that of the ten proposals that came from the Governor's Task Force, most of them were "right on" and the Council is definitely on board with seven out of the ten. He added that the audits are an issue but the big one is of course the TPT. He said that they have forwarded correspondence through the Town Manager to the Town's representatives and the Governor so they have weighed in as a Town and have been unified on z:\council packets\2013\r130418\130321m.docx Page 4 of 15 this. He also mentioned how engaged the Mayor has been in this and all the work she has done on this important issue and thanked Senator Reagan for coming to Fountain Hills. Senator Reagan acknowledged that she did receive a letter from the Mayor. Mayor Kavanagh thanked Senator Reagan for her response to her letter. She acknowledged that Senator Reagan spends a lot of time in Fountain Hills, that she sees her at the meetings, and she thanked the Senator for representing the Town so very well and for coming to Fountain Hills. Senator Reagan thanked the Council for the opportunity to appear before them. The Mayor noted that the Senator had left her business cards for future contact. (ii) PRESENTATION by the Maricopa County Sheriffs' Posse with a report on FY12-13 funding. Maricopa County Sheriff's Office Commander Jess Halmenangas addressed the Council relative to this agenda item and reviewed the information contained in the Council’s packet (Copy is available on line and in the office of the Town Clerk). He provided a breakdown on the $15,000 that was allotted to the Posse last year and stated that they believe it is very important to document funds that are entrusted to them. He said that the money goes towards the school patrols, the parks patrols and added that they are also doing the business watches and the vacation watches. He discussed supporting the Sheriff's Office deputies when it comes to traffic, crime scenes and any function that they can be called out to. He reviewed the number of hours that the Posse puts in and noted that in 2012, they put in 10,400 hours from 21 hard working members. He asked if anyone had any questions regarding the numbers. Mayor Kavanagh replied that the numbers are very impressive and that she has seen members of the Posse out at the schools. He said that the way the funds are allocated holds the Posse accountable and they appreciate this. He discussed funds used for the maintenance of vehicles and stated that they like to have work done locally and when needs arise they inform the Town and then funds are allocated (they do not receive a lump sum). He very briefly highlighted the contents of the information provided to the Council and said they are very cognizant of how the money is being spent. In response to questions from the Vice Mayor, Commander Halmenangas explained that Code 3 Lights are the red and blue lights on top of the vehicles that are flashed when the vehicles are responding to calls or in an accident situation when they want the area as lit up as possible. He said that out of the six vehicles, including one golf cart, all are in excellent shape. He added that two are coming into what the Count y calls a red line which means they will be pulled out of service. He stated that because the vehicles are well maintained they get as many miles out of them as they can but two of the vehicles they will probably want to turn over within the next year and hopefully get replacements. Mayor Kavanagh thanked the Commander for coming and the members of the Posse for the long hours that they put in. She added that she sees the Posse members everywhere especially at the schools. She noted that the School Superintendent and the Principal at the Charter School have told her they are happy that you’re there patrolling. The Commander advised that they just received a very nice letter from the Charter School and that is what keeps them going. (iii) Update by Jim McKee, Vice President of Corporate Services and Tom Broderick, Director of rates, regarding EPCOR/Chaparral City Water and an anticipated rate application. Jim McKee addressed the Council relative to this agenda item and briefly highlighted a PowerPoint presentation relative to an anticipated rate application. (Presentation on line and in the office of the Town Clerk.) Mr. McKee said that part of their mandate to go out and let everyone know what they are planning to do and discussed the following: Their Vision & Goals; Local Focus - Long Term Commitment; Delivery Water to Fountain Hills; the 2013 Rate Case Application; Why is a Rate Increase Requested (increased operating costs, capital investments have been made to maintain the system and meeting new Federal guidelines on water quality); and What's Next, a timeline showing that the new rates could possibly go into effect on May 1, 2014 if everything goes according to the proposed schedule. He noted that a similar application was filed in 2007 and it took until 2009 to get it passed but then there was a problem and another hold up so the increase, which was a very slight one, did not go into effect until 2011 so z:\council packets\2013\r130418\130321m.docx Page 5 of 15 overall the rates are still based on 2006 costs. He said that two meetings have been held in Town and added that they plan to come to Town in May once the application is filed to again speak with the community and provide them exact details regarding the application. Mayor Kavanagh thanked Mr. McKee for his presentation and expressed appreciation for the fact that the representatives met with her first, anticipating that she would receive telephone calls once this began to go public. She said the citizens' want to know what this is going to cost them dollar wise. Mr. McKee said that they provided the citizens with an answer based on what they felt was a "range" at the time. He noted that about three quarters of the people in Town have 3/4-inch meters and average about 7,800 gallons and on that basis the rate increase could range anywhere from $7.50 to $15.00 a month. The Mayor reiterated her appreciation to Mr. McKee for the presentation and also thanked Rebecca for her valuable assistance and quick response to her questions. CALL TO THE PUBLIC Town Clerk Bev Bender advised that two citizens wished to speak to the Council under this agenda item. Dina Galassini addressed the Council and said that she is speaking tonight to raise awareness regarding the Town's adopted project called Fountain Hills Interconnected Trails (FIT), 12 in-Town trails that will act as a recreational amenity. She added that few residents realize the negative consequences under the Federal Government's Sustainability Policy. She noted that bus systems usually get implement around trail routes and added that Valley Metro is offering the Town incentives but at trail completion HUD, the Department of Transportation and the Environmental Protection Agency start their partnership agreement with the Town so non-binding until the 21 recommendations are implemented through these agencies and translated into law via regulations. One example is changes to local codes and ordinances and eminent domain is another tool used by the government to bring communities into compliance. She provided additional information relative to this issue and expressed concern about the 21 recommendations that are coming into play. She said that as a citizen she insists that expenditures for the FIT project be immediately stopped until they fully understand the process and regulations of Agenda 21. She presented the Mayor with an article entitled, "The History of Sustainable Development: Connecting the Dots." Peter Bordow addressed the Council and announced that Arizona Bike Week 2013 is coming up on Saturday, April 13th and this year he is honored to be able to participate in this charitable event (owner of a new motorcycle business, Sidewinders Cycles, in Town). He added that his business is also going to be the proud sponsors of Saddle Up for Kids, an annual ride to raise monies for Camp Courage, an entity that works with children who have been severely burned/disfigured and they help the children rehabilitate and deal with different situations (completely funded by private donations). He noted that they expect 1,000 motorcycle riders to participate and hope to raise $50,000 that day. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MARCH 7, 2013. AGENDA ITEM #2 – CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY PAULA LYNN HATCH REPRESENTING FEARLESS KITTY RESCUE FOR THE PURPOSE OF A FUND RAISER. EVENT TO BE HELD AT EL DORADO ANIMAL HOSPITAL, 16765 E. PARKVIEW, SCHEDULED TO BE HELD ON FRIDAY, APRIL 5, 2013, FROM 6:00 PM TO 8:00 PM. AGENDA ITEM #3 - CONSIDERATION OF APPROVING RESOLUTION 2013-17, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINES OF PLAT 602-B, BLOCK 2, LOT 17 (15951 E. EL LAGO BOULEVARD) AS RECORDED IN BOOK 166 OF MAPS, PAGE 32, RECORDS OF MARICOPA COUNTY, ARIZONA. EA2013-02 (HOLLOBAUGH) z:\council packets\2013\r130418\130321m.docx Page 6 of 15 AGENDA ITEM #4 - CONSIDERATION OF APPROVING RESOLUTION 2013-14, APPROVING THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY FOR JURY MANAGEMENT SERVICES. Councilmember Yates MOVED to approve the Consent Agenda (Agenda Items 1 – 4 as listed) and Vice Mayor Elkie SECONDED the motion. There were no citizens wishing to speak on these agenda items. A roll call vote was taken as follows: Councilmember Dickey Aye Vice Mayor Elkie Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #5 - CONSIDERATION OF APPROVING A BOOKING POLICY AND PROCEDURES FOR THE SENIOR ACTIVITY CENTER. Town Manager Ken Buchanan advised that there has been increased activity at the Community Center, which has increased the responsibilities of Senior Services and the Community Center staff. He stated that the number of programs offered and attendance have been increasing for both programs and the support group activities such as Parkinsons, Hearing Support and others. He noted that some booking issues arose and a committee was formed under the leadership of Community Services Director Mark Mayer to work with the Senior Services Advisory Commission and the Community Center Advisory Commission to look at the increased use and requirements being placed on the Community Center and staff and means by which to gain some control over the demands being placed on Senior Services and Community Center space and staff. He said that it was the direction of the Council that a policy be implemented and added that Mr. Mayer will highlight the proposed Booking Policy and Procedures. Mr. Mayer addressed the Council and discussed that various members of the groups were involved in developing the proposed policies and procedures. He added that the group met regularly through the spr ing of 2011 and reconvened again in the fall of 2012. He noted that there were policies and procedures in place in the past but nothing formal and nothing that was brought to the Council for approval so this has been developed in response to the Council's request to implement a policy governing this item. He informed the Council that the group was able to reach an agreement that all parties felt would benefit the Senior Activity Center and the Community Center and set some additional conditions for membership programs and for support groups. He said that he would not go into the proposal in much detail because it is self-explanatory and there really is nothing new only a couple of exceptions, which he highlighted. (Copy of the proposal is available on line and in the office of the Town Clerk.) Mr. Mayer indicated his willingness to respond to questions from the Council. Councilmember Leger noted that it appears both Commissions reviewed the proposal and both voted unanimously in support of what is being presented this evening and Mr. Mayer concurred with that statement. Councilmember Brown said that it would be nice if they could condense the proposed policy and procedures down to one sheet instead of two (have all the regulations compiled and condensed). Mr. Mayer explained that they tried to focus on two different areas -- the Programs and the Support Groups. He added that they wanted to make sure that that information was clear and said there are some duplications but they felt that it was important in the process to make sure whether someone was attending a program or a support group. Councilmember Brown thanked Mr. Mayor for his explanation. z:\council packets\2013\r130418\130321m.docx Page 7 of 15 Vice Mayor Elkie expressed appreciation to Mr. Mayer for the presentation and said he certainly hopes that t his helps with respect to staff and provides some guidance for the residents. He commended the staff over at the Community Center and Senior Services for the wonderful job they do and asked Mr. Mayer to pass on his appreciation. Councilmember Hansen stated that she appreciates the fact that staff and members of both Commissions worked together on this and it appears that everyone is in support. Councilmember Hansen MOVED to approve the Booking Policy and Procedures for the Senior Activity Center and Vice Mayor Elkie SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 - CONSIDERATION OF THE UPDATED MASTER PLAN FOR FOUR PEAKS PARK. Mr. Buchanan addressed the Council relative to this agenda item and noted that the Master Plan for Four Peaks Park was approved in 2001 and at that time it was a heavily used park for the recreational activities and facilities that were there. He said that since that time additional facilities have been built. He advised that staff will highlight a proposal related to the Updated Master Plan for Four Peaks Park along with staff's recommendation to approve the proposal. Recreation Supervisor Bryan Hughes addressed the Council and noted that Olsson & Associates ha s prepared an updated master plan for the park to better reflect the current use of the park and the future needs of the community. He noted that since 2001, the recreation and user needs at that facility have increased significantly. He said that the elementary school has closed and the Boys & Girls Club has opened and the plan is simply no longer relevant. He reported that over the course of the last seven months community meetings were held as well as discussions at two Parks & Recreation Commission meetings and, in addition, staff has received input from a variety of the sports groups/teams as well as the Unified School District. He stated that updating the plan is the first step in a long process. He introduced Jeff Kratzke and Randall Kopff from Olsson Associates, a firm that has done several projects for the Town including the Desert Vista Park project Mr. Kratzke addressed the Council and noted that this was a four-month long master planning process and said that the size of Four Peaks Park technically renders it a neighborhood park but it is right between a community scale park and a neighborhood park so that makes it kind of a hybrid park. He explained that this means that some of the things that are currently taking place there you wouldn't find in a typical neighborhood park but this one has enough size (about 14 acres) and capable of many different uses and functions. He added that it appeals to ma ny people and groups of all ages. He briefly highlighted the PowerPower presentation on this agenda item (Copy available on line and in the office of the Town Clerk). He discussed and provided information on the following: * Project Background * A map of the site * Public involvement recap * A sampling of comments received * Final Master Plan * Pedestrian & Vehicle Circulation * Fields, courts & amenities * Structures * Vegetation * Final Master Plan (Perspectives) Mr. Kratzke indicated his willingness to respond to questions from the Council. Mayor Kavanagh thanked Mr. Kratzke for his presentation and said that it is interesting to see the layers that were included to provide a better picture. z:\council packets\2013\r130418\130321m.docx Page 8 of 15 Councilmember Yates also thanked Mr. Kratzke for the prese ntation and said that as a commercial real estate developer he knows they have to be much more cognizant when developing in a neighborhood versus a commercial district. He stated that he thinks they did an excellent job of maintaining a buffer zone even on the existing soccer field. He reminded everyone that a neighborhood park is very different than a commercial park. Councilmember Dickey said that there was input from residents and asked if the former soccer area could be used for something else as they move forward. She noted that they will not be able to move forward with this anytime soon but for the future -- racquetball or a little splash park. She asked if there would be room for something like that on the existing soccer field. Mr. Kratzke asked if Councilmember Dickey was referring to the north soccer field and she said yes, north east. Mr. Kratzke advised that this is a master plan and is a vision for the future. He added that the likelihood of being able to implement all of the improvements shown in the master plan for the most part is not realistic. He noted that it has been set up to provide options and so if something came forward that there is a high demand for, even though it is not in the plan at this time, there would be time for consideration of that. He said that this gives the Town a great tool and it provides for a lot of flexibility. Ms. Bender advised that two citizens wished to speak on this agenda item. Loras Rauch addressed the Council and stated that she lives across the street from the park and is glad to see this come forward and she hopes the Council will improve this investment in the oldest neighborhood in the community. She said that she hopes this investment will help to stabilize and revitalize that neighborhood. She noted that this is a very family-oriented neighborhood and is heavily used. She expressed the opinion that improvements to the park will relieve the pressure on other parks. She added that she and both her sons were involved in the original master plan and requested that the Council support this proposal and ensure that the plan comes to fruition. Linda Bordow addressed the Council and said in looking at the overall plans it looks as though they are losing a lot of park in some of the areas -- like the parking lot over by the pickle ball courts. She asked what percentage of the grass area would be lost. She noted that the tennis courts are currently right behind the Boys & Girls Club and they are fairly new and in great working condition. She advised that she read the proposal and it would cost $120,000 to construct the two tennis courts over where they are being proposed. She said that what she didn't see was how much it was to destroy the original perfectly good tennis courts. She stated that they might want to consider rethinking that since they were in good shape. She further advised that the soccer field is used quite a lot and she doesn't want to lose that space. She noted that there is some interest in a Four Peaks School for Higher Education according to the Strategic Plan and said that she was interested in knowing how they would handle parking for that. Mayor Kavanagh commented that parking is a challenge and asked if staff could respond to Ms. Bordow's questions. Mr. Hughes reported that they would not lose any grass and might even increase it a little bit because they are changing the configuration (even more grass over by the playground area). He noted that there are a lot of unusable portions of the park such as the sand volleyball courts that date back to the 1980's. He added that because of the amount of unusable areas they are actually shifting things around. He also discussed the condition of the tennis courts and stated that they look good on the surface but the sub-surface itself is deteriorating. He said that by the time the Town is in a position to do something, it probably would not be worth salvaging those courts. He further stated that they can only hope that the increased parking would have an impact on whatever use Four Peaks Elementary School gets. He advised that they did take alternative uses and future uses into consideration. Mr. Hughes informed the Council that the initial estimated cost for the project is approximately $3.2 million and by comparison, Desert Vista Park, which is similar in size and scope, cost $3.4 million when it was done in 2008. He noted that currently funding for this project is not included in the Capital Improvement Plan (CIP). He added that with the updated master plan, the Town will be in a better position to identify other potential funding sources such as grants. Mr. Hughes advised that staff believes that the proposed master plan meets the future needs and goals of the residents and the community and the improvements will likely have a positive impact on the surrounding neighborhoods. He added that this will bring the park up to the standards of the other Town parks. He reported that at the M arch 11th meeting, the Parks & Recreation approved the Four Peaks Park Master Plan and recommended approval by the Council. z:\council packets\2013\r130418\130321m.docx Page 9 of 15 Councilmember Yates MOVED to approve the Four Peaks Park Master Plan as presented and Councilmember Dickey SECONDED the motion. There were no additional citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 - CONSIDERATION OF THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) ARTERIAL LIFE CYCLE PROGRAM (ALCP) ADDENDUM FOR THE SHEA-SAGUARO PROJECT AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE ADDENDUM. Mr. Buchanan stated that with the economic downtown and Proposition 400, the half-cent transportation sales tax is funding a project that the Town has (Shea Boulevard street/asphalt/signal improvements) between Technology and the Beeline. He explained that on the funding pay back it needs to be extended out a little bit to provide the 70% grant funding for the project that they provided. He said that staff recommends approval and Mr. Harrel will provide additional information and answer any questions. Town Engineer Randy Harrel addressed the Council and advised that this addendum to the original Intergovernmental Agreement (IGA) said that there would be no adjustment for inflation for the current year and that future adjustments for inflation in the amount of money that they have committed to the Town's project will be at the discretion of the Maricopa Association of Governments (MAG) Regional Council, on which the Mayor sits. Mayor Kavanagh said the money is there but they have to wait to get it (it is still guaranteed). Mr. Harrel replied that with the sales tax program they only have the money that they have and so they have been reluctant, with the downturn in the sales tax, to commit major new funding for projects until they know what they are actually going to have. Councilmember Dickey MOVED to approve the Addendum to MAG ALCP Project Agreement No. 09-SHA-10-03-B (Shea Boulevard - Technology Drive to Cereus Wash), and authorizing the Town Manager to execute the Addendum and Councilmember Yates SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #8 - CONSIDERATION OF APPOINTING AN AD HOC COMMITTEE TO WORK WITH THE TOWN MANAGER TO COMPLETE THE DRAFT ECONOMIC DEVELOPMENT PLAN FOR PRESENTATION TO THE COUNCIL FOR CONSIDERATION NO LATER THAN JULY 2013. Mr. Buchanan addressed the Council relative to this agenda item and said that the draft Economic Development Plan was presented to the Council in January and at that meeting it was rec ommended that a number of other areas be included. He stated that he has struggled with the four areas and based on his short tenure/history of the Town he would recommend that they obtain help from the community, which will help him get a report back to the Council by July. He noted that the formation of an ad hoc committee will be a valuable tool and provide good insight and information. Councilmember Yates asked if the report would be presented by the end of July and Mr. Buchanan noted that he doesn't believe there are Council meetings then (summer break) but he is looking at that timeframe to have it completed and ready to present to the Council. In response to a question from Councilmember Yates, Mr. Buchanan said that hopefully they can get it done in the three months that he is asking for and he does not yet know whether the Committee will meet weekly, bi -weekly, etc. but will have a better idea once the Committee is formed and he has a chance to talk to the members. Councilmember Leger MOVED to adopt the current Economic Development Plan and assign resources of targeted funding in the FY 2013-14 budget to implement the plan and Councilmember Dickey SECONDED the motion. z:\council packets\2013\r130418\130321m.docx Page 10 of 15 Vice Mayor Elkie commented that Mr. Buchanan mentioned some of the things that he is struggling with and said that quite frankly when the draft plan was presented he thought there was great support from the Council as far as what was presented. He added that as far as the implementation of that he knows that they don't have any reso urces to speak of in the Economic Development Department at the present time. He said that he is just a little concerned about sending this out to another committee to re-evaluate this after all of the time that has been spent on this already -- he would like to have some action. He stated that he would like them to move forward and take two or three things , whatever the the Council wants to do, direct staff to allocate resources and if that involves getting a consultant to assist Mr. Buchanan in implementing the plan and moving forward he would be in favor of something like that. He added that he is tired of re-hashing and they have some good plans (Mr. Buchanan has presented what he believes to be a good Economic Development Plan) and he has consulted with groups in the community and obtained their input as well as business leaders and done an exemplary work on a shoe string budget so he would like to see some action taken. He reiterated that he wants to move forward on this and not waste any more time. He spoke against creating an ad hoc committee but in favor of taking action and doing two things well. Mayor Kavanagh said that Mr. Buchanan can correct her if she is wrong but she believes the only reason this has come up as an ad hoc committee is because the Council wanted to add four different categories to the original plan. Mr. Buchanan advised that the four areas include retail efforts; educational institution attraction; population leakage by attracting a more demographically balanced community and the one he has struggled with most - an organizational approach to implement the economic development plan. He noted that the plan calls for a Summit but what he is hearing from everyone subsequent to that what they really need to do is get a structure together to begin the implementation of those action steps/action plans that are actually called out in the plan itself. He said that if they want to adopt the plan tonight they can do that but they still need to talk about the approach, which can be d one during the implementation of some of these goals but they need to talk about how they want to approach this because right now he is it. He added that if they adopt it then they are going to be looking at a contract for not only what they are doing with the commercial side but maybe looking at a contract to help the business attraction side. He said they still have to work on the other areas and they can still bring those back and still work with the Strategic Planning Advisory Commission (SPAC) because he knows that some of the members are truly interested in implementing them (the goals). Mayor Kavanagh said that she has only heard from one Councilmember so she wants to hear from the others. She added that at the last meeting when they discussed this, the Council said they didn't want to adopt it at that time but wanted Mr. Buchanan to look more in-depth into the other four issues. She asked if they are saying that they would like to go back and just adopt the original plan as it was, and they all agree it was an excellent plan, and move forward that way. She requested input from the Council. Councilmember Hansen asked what Mr. Buchanan would prefer and he responded that if they want to adopt the plan he would be happy to accept that and he would be happy to work with the SPAC to come back with some of the minor points because they already have an existing structure there. He added that they can do an ad hoc committee if they want to but he was hoping he could take a few members off of the SPAC as well as a few other ones in the community to maybe address the other areas and get a little more complete report for the Council. He said that if they want to go ahead and do that now he doesn't have a problem with that. Mayor Kavanagh commented that Mr. Buchanan could still reach out to the SPAC and said that she knows he has two people who have already volunteered (three) to help out. She added that he could reach out and not make it a formal committee. Councilmember Brown advised that he gave Mr. Buchanan's Economic Development Plan (EDP) high grades and he has sat there and listened to him talk himself into a complete circle about how they could go ahead and implement this and at the same time possibly work in the four other items that were talked about in the past. He noted that he is an advocate with moving forward with the EDP and working on it as they move it forward. He commented on business attraction and stated that the Senior Services Advisory Commission (Jim, Peg and Barbara Patterson-Whitehead) have been meeting with a kidney dialysis center and they are making great strides in possibly getting a nice new business brought to Town. Councilmember Dickey said that most of the items, even if they were not in a bullet point, are included in the plan. She noted that Councilmember Yates wanted to make sure that they didn't neglect retail and there is already an z:\council packets\2013\r130418\130321m.docx Page 11 of 15 education factor in there, the idea of having a community that has different ages in it and addresses different people is in their Strategic Plan so these items are there and to have all the consternation over just how we’re going to fit it in to something that existed she doesn't think they anticipated that that was what it would be and she is very comfortable with moving ahead. Councilmember Leger stated that he believes since the previous plan was presented the Town Manager has made some revisions (for example under business attraction, retail and education have been added). He expressed the opinion that implementation will come together whether they are using inside or outside resources. He referred to the plan and said the words "game plan" were included and that is as close to an implementation plan as you can get. He noted that business attraction is clearly targeted and there are action steps. He commented on his motion for clarification purposes and said funding would be used to contract out and not hire full -time staff. He added that the Summit would be deleted because there didn't seem to be high marks for that when it was discussed. Vice Mayor Elkie advised that they can't implement everything so they have to decide what is most important and then do two things but do them well instead of ten things not so well. Councilmember Yates commented on the way the residents voted on various taxes and said they have told the Council at various outreach efforts that they want economic development to pay for services. He said that therefore their biggest push could be business attraction and not just retail. He said that his personal input would be go after companies with large employee numbers that would help the daytime population and go after businesses that better fit the Town's demographics and offer higher paying jobs. He noted that some of the other things will fall into place because they have these types of businesses. He said that business attraction will result in the best return on investment because as soon as they bring a new business or organization into Town they can calculate out what kind of tax return they are going to see. Mayor Kavanagh stated that they could look at all different areas because they never know what is going to come up. She noted that they said they wanted to look at all these areas and she does think they can do that because the idea with this is just to adopt a master plan of where they want to go with economic development. She added that the market will probably decide. Councilmember Leger commented that he agrees with the Vice Mayor's observation and said that the plan is difficult to get their arms wrapped around when they look at all the different areas that are included. He agreed with Councilmember Yates that clearly the place to start is business attraction because that is connected to all of the other elements in the plan. He noted that if they are successful with business attraction he thinks it will start naturally giving birth to all of the other pieces of the plan but with limited resources. He added that if they add a contractor to the plan to focus on this work then they really need to narrow the scope and he is hoping that when they get their exclusive broker on line that that broker can work in concert with whatever their resources are because a focused approach is important. Ms. Bender advised that a citizen wished to speak on this item. Peter Bordow addressed the Council and said that adopting the plan in its current form is fine to do -- he has read it and thinks that it is a great plan. He stated that he wanted to point out that if they do adopt the plan there is no mechanism or structure to help put it in place. He added that he believes part of the plan for the formation of an ad hoc committee was to formulate and recommend an actual structure to help move forward and take action. He no ted that there is still a little piece missing. The Mayor thanked Mr. Bordow for his comments. Mr. Buchanan advised that Mr. Bordow brought up one of the things they were talking about and that would be the approach. He noted that they can talk about many ways to do that -- he could talk to the SPAC specifically about approach and come back with a recommendation to the Council. He added that if they are talking about business attraction they still need to be having citizens there so that if they do get a business prospect they need to be sitting with them, working with that entity and answering questions because the first thing they are doing when they come in is checking you off if they can't get everything that they need. He reiterated that he has bee n talking with some members of the SPAC about this and they can talk about an approach and bring it back to the Council. z:\council packets\2013\r130418\130321m.docx Page 12 of 15 Councilmember Dickey stated when they do get to the point where they are talking about resources or wherever they wind up going she would appreciate sometime having a discussion about the Downtown Excise Fund and whether Council wants to change the way that money is being used. Mr. Buchanan said that that is an excellent point and they will continue to talk about that within the budget. He added that they want to have a placeholder for a number, an amount of money that they think they can accumulate for an economic development plan. He noted that that discussion will be coming up fairly soon. Vice Mayor Elkie stressed the importance of having a focused approach on things -- business retention as Councilmember Yates said and also attracting the residents through various activities and events that they have in Town and working with the various Town groups to help facilitate those types of events. He said that he likes the two- prong approach so they don't spread themselves too thin. Mayor Kavanagh commented that this would also include the SPAC and the two volunteers from that group that Mr. Buchanan has been working with. The motion CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 - CONSIDERATION AND CONSIDERATION OF RESOLUTION 2013-05, ORDERING AND CALLING A SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA, ON NOVEMBER 5, 2013, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF EIGHT MILLION TO HUNDRED THOUSAND DOLLARS ($8,200,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 2013. Mr. Buchanan addressed the Council relative to this agenda item and said that the purpose of this action is to reconstruct Saguaro Boulevard. He stated that staff is recommending a five-year payback schedule. He requested that Development Services Director Paul Mood provide additional information relative to this item. Mr. Mood addressed the Council and highlighted a brief PowerPoint presentation on this issue (Copy available on line and in the office of the Town Clerk). Mr. Mood advised that last year they were able to free up some funding and that the Town had hired a geo-technical engineering firm to take a look at Saguaro Boulevard from Palisades in the Downtown area and Fountain Hills Boulevard from Palisades out to the middle school. He reported that what they found out was a little worse than anticipated -- the asphalt thickness of the roads consists of one to two inches of asphalt on two to three inches of sub-grade. He noted that there should be four inches of asphalt and six inches of sub - grade. He advised that the recommendation from the engineer was full reconstruction for the entire length which consists of removing the top ten inches of existing asphalt and sub -grade, scarifying and compacting the exposed sub- grade and placing a new pavement section of four inches of asphalt on six inches of base course. Mr. Mood's presentation also included the following discussion: * Scope of Work * Project Coordination (He advised that the estimated cost of design and construction is $8.6 million with $400,000 for the traffic signal coming out of the CIP fund * Avenue of the Fountains Intersection Improvements * Saguaro Boulevard Drainage Improvements * Projected Tax Rate Impact on Residential Properties (with 5, 7 and 10-year repayment schedules) * Proposed Construction Schedule Mr. Mood advised that it is anticipated that after this bond is paid off, staff will be coming back for another bond for possibly portions of Fountain Hills Boulevard, Palisades and Shea. Mr. Mood indicated his willingness to respond to questions from the Council. Mayor Kavanagh thanked Mr. Mood for his presentation and said that she is glad that they are now just concentrating on Saguaro Boulevard. She stated that all of the groups that she has met with have been very receptive to a bond as long as it is limited to just Saguaro. She added that they understand that ADA ramps, curbs and drainage are a part of it but they have expressed that as long as it is strictly Saguaro and there are no extras like there were in the last bond, z:\council packets\2013\r130418\130321m.docx Page 13 of 15 they see the need. She commented on the last storm that they had and all the patching they had to do and stated that with the monsoon season coming she hopes they can get through that without having to put a lot of money into work before they can actually redo the roads. There were no citizens wishing to speak on this agenda item. Vice Mayor Ekie MOVED to approve Resolution 2013-05, ordering and calling a Special Bond Election to be held in and for the Town of Fountain Hills, Arizona, on November 5, 2013, to submit to the qualified electors there of the question of authorizing the issuance and sale of eight million two hundred thousand dollars ($8,200,000) principal amount of General Obligation Bonds, Project of 2013, for a five-year repayment schedule and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #10 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE ARIZONA LEAGUE OF CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Mayor Kavanagh explained a few things about the Transaction Privilege Tax (TPT) and advised that she has been meeting with lots of Mayors and what they have so far on the striker bill is they have to date successfully gotten back prime contracting, still at the 65%. She stated that they wa nted to give them 50% but the 65% prime contracting will remain in Fountain Hills. She added that whether they are still going with their original proposal to also do point of sale is still uncertain. She further stated that the point that they disagree on is the audit and noted that they are proposing that all audits go through the Department of Revenue (DOR) and if DOR decides that they can't handle it then they are offering that the Town can hire DOR on their own, which means that the Town would no lon ger do audits through their own auditing company. She pointed out that this is not only limiting the Town's ability to audit their small businesses, when they have the need, this is also affecting the larger cities that have actual staff on board to carry out the auditing. She added if this goes through in its present form Scottsdale would have to fire in -house auditing staff. Mayor Kavanagh advised that there was a proposal to cities that asked them to come up with a flow chart and they did come up with one where they all compromised that the DOR could be sort of the gatekeeper. She said that one of the biggest concerns was with the multi-jurisdictional entities (SRP, Century Link) and it was agreed that all of those would go through the DOR and no municipality would do a second or third audit. She explained that in this way there will not be multiple audits on the major companies that have multiple jurisdictions. She added that their proposal was if the DOR decided that they couldn't or didn't want to do the audit on some of the smaller businesses, they would have the first option to do the audit or if they didn't have the resources or chose not to do it because of the small size of the business, then DOR would kick it back to the Town and they would d o it on their own using their own auditing firm. She said that to date they have rejected that and noted that there is still a lot to be worked out and she doesn't know if they will turn over on the audit portion but it is still in the best interest of the Town to fight to continue conducting their own audits. The Mayor said that she would keep everyone up to date on this issue. Vice Mayor Elkie agreed with the Mayor's comment regarding the fact that Town can handle its own audits. He pointed to Councilmember Brown's experience with the DOR, which was previously discussed, and said he hopes that the League and the Mayor's continue to voice the concerns of the various cities and towns. Councilmember Dickey pointed out that Senator Reagan gave them this choice sort of thing and that was something that had happened a lot in the past and commented that kind of divides people up when acting that way; she stressed the importance of providing a unified message. She stated that she believes they are sending a very unified message and the League was speaking for everybody even among larger cities with Home Depots, etc. She noted that they don't talk about the fact that people will buy out of state. She said to say that this was going to increase any sort of sales tax coffers to the State as a whole was not something that they could rely on. She said that she did not think that they needed to make a choice -- it is very clear that the League and all of the cities and towns do not want either the TPT or the audit to happen; the Town didn’t wanted either of those things to happen. The Mayor commented that they are also questioning the figures that they are using (i.e. 31% on non-compliance, etc.) and the fact that they are saying they are going to get a lot more money if they implement this. She said that the State could lose money and the Mayor's and the League are asking them to take a closer look at this and not jump in. z:\council packets\2013\r130418\130321m.docx Page 14 of 15 Discussion ensued relative to the fact that both Scottsdale and Phoenix would lose staff if the audit portion moves forward; during many meetings the DOR has said that they wanted to make sure that cities and towns were business friendly and the fact that cities and towns help/work closely with their businesses; the fact that the DOR wants control and the ability to hire their own people; that the DOR would expand (staff) and this would result in the loss of additional local control; Town Attorney Andrew McGuire's comment s on the proposed amendment and the fact that Senator Reagan stated that it is a work in progress; his statement that it has been characterized to him as being three weeks behind in negotiations; the fact that there was a change in there that they need to be very vigilant about -- the addition of the bridges roads and other distinctions that now have been carved out (the proposal is not the same TPT collections that the Town is currently doing, they have that carve out and a local trades exemption); the Mayor's comment that the DOR was not even going to consider remodeling and we are expressing the fact that we do want that but haven't heard that it has been included yet; and Councilmember Dickey's comment that they are saying that this bill would result in more money for State Shared Revenues but the cities that get the most reve nue are the ones with the largest populations. Councilmember Dickey also discussed SB 1403, and the reason behind the bill (the United Nations Rio Declaration - UN Agenda 21) and said the bill did pass and there were 16 votes (Senator Reagan stated she had voted for it) and referenced comments made by Senator Burges who said that the UN Agenda 21 plan “calls for government to take control of all land use, individual rights are to be given away to the global community as determined by a global governing body and that the contents of the program reveal that people should be rounded up off their own land and relocated to human settlements close to employment centers and transportation hubs.” She noted that on April 6 the Town would have the F.I.T. dedication; she discussed this further and noted that if this bill was passed, the Town would not be allowed to do these Urban Trails. She said that was what she was trying to get to the bottom of; what is the real ramification of this bill passing. She stated if you look at these Urban Trails, somebody thinks that the UN Summit says that this is a plan for buses and to move everybody and change the zoning and said that we received some type of incentives from Valley Metro (perhaps we should check on that) because we ’re not getting any incentives from anybody. She indicated she had not wanted to put Senator Reagan on the spot, but noted that they had voted yes and passed a bill today that probably would make our Urban Trails illegal, if it passes. Councilmember Leger thanked Mayor Kavanagh for all of the work she has done. He said that Senator Reagan said that she doesn't seem to be getting the message from the Council and suggested that Mr. Buchanan re-draft the previous letter that was sent and this time instead of saying "The Town of Fountain Hills has concerns....etc." say "The Town and the Town Council." He stated that it couldn't hurt and based on what Senator Reagan said he would like to send some letters down there. Mayor Kavanagh advised that the original letter was sent to the Senate President, Senator Reagan and the Governor's office and it was from her, as the Town's Mayor. She added that she thinks it is a good idea to send something else from the entire Council including her as a show of unification. She said that Senator Reagan did respond to the original letter but no one else did and she was hoping that they would get a response from the Governor's office. AGENDA ITEM #11 - 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 #12 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN. Mr. Buchanan advised that some pavement management work is going to be happening on the re -milling work but there will not be any road closures, just some restrictions. He noted that Eggstravaganza will occur on March 23rd and there will be 15,000 eggs. Mayor Kavanagh said that the event will begin at 9:00 AM sharp so encouraged people to get there early and take pictures. Mr. Buchanan stated that later on that day there will be kite flying event from 11:00 AM to 6:00 PM. He added that there will be a Concert in the Park on Sunday from 2:30 PM to 4:00 PM. He said that there will be an Easter Sunrise Service on the 31st in the park. He further stated that Earth Hour is this Saturday night z:\council packets\2013\r130418\130321m.docx Page 15 of 15 from 8:30 PM to 9:30 PM -- turn off the lights for that hour. He noted that there is additional information regarding this on the Town's website. Councilmember Dickey advised that she has received e-mails about Earth Hour and read a note explaining the purpose behind this event (environmental challenges - focus on the planet) and calling for people to turn off non-essential lights for the one hour time period (this is something that is being done on a broad basis around the world). She asked people to consider participating in this event. AGENDA ITEM #13 - ADJOURNMENT Councilmember Leger MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 9:05 p.m. TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: ________________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 21st day of March, 2013. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of April, 2013. __________________________________ Bevelyn J. Bender, Town Clerk