HomeMy WebLinkAbout2013.0620.TCRSM.Minutesz:\council packets\2013\r130801\130620m.docx Page 1 of 22
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND SPECIAL SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 20, 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 – Michele Hasley, Director of Grief Ministries for North Chapel
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Kavanagh, Councilmember Leger,
Councilmember Brown, Councilmember Dickey, Councilmember Yates, Vice Mayor Elkie, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Dave Pennartz and Town Clerk Bevelyn Bender were also
present.
* MAYOR’S REPORT
Mayor Kavanagh advised that they will begin this evening's agenda with the Recognition of Fountain Hills' Fire
Department Chief Scott LaGreca for 17 years of dedicated service to the citizens of the Town of Fountain Hills
(originally scheduled to be discussed as Item i) under Scheduled Public Appearances/Presentations).
Mayor Kavanagh stated that for some time, the Town of Fountain Hills has planned to recognize the service of
Fountain Hills' Fire Department Chief Scott LaGreca and noted that the plaque being presented this evening was
already prepared in anticipation of this event. She said that Chief LaGreca's passing makes this recognition tonight
especially poignant. The Mayor stated that tonight they want to celebrate the leadership and dedication of a man with
42 years of experience and education in fire services and provided brief background information on the Chief's career,
including his 17 years of service to the Town. She said that the Chief's wisdom, strength of character and integrity
were the driving force in making their home town fire department excel and noted that he led by example and earned
the respect of his firefighters and all of those who knew him. She added that his presence had a profound impact on
the Town's Fire Department and leaves their community with firefighters that have been schooled b y the best. The
Mayor further stated that Chief LaGreca's dignity, honor, positive attitude and friendship have been an inspiration to
us all.
Mayor Kavanagh advised that they have asked Chief LaGreca's wife, Chris, and his two sons, Jason and Brian, t o
accept this recognition on the Chief's behalf and invited them to come up at this time. She presented the plaque to the
Chief's wife on behalf of the Town and said that plaque reads: "Presented to Chief Scott LaGreca of Fountain Hills
Fire Department in recognition of excellence and in gratitude for 17 years of dedicated services to the citizens of the
Town of Fountain Hills, Arizona 1996-2013."
Vice Mayor Elkie stated that he would like to share a brief comment about Chief LaGreca and said he didn't know the
Chief that long, he has been in Town for seven years, and on the Council for a little over three years now and said he
was a good man and it was a privilege to know him. He said that the Chief was always able to answer all of his
questions about the Fire Department and noted that he was a humble man who was always willing to chat and share
information. He commented that the last time he spoke with him, shortly before his passing, he asked the Chief if he
was concerned about the Department since he was at home and the Chief responded no, and that he had trained Todd
and Randy well enough and they knew what to do. He reiterated that it was a privilege to know him and thanked Mrs.
LaGreca for sharing him with the Town.
Councilmember Dickey stated that she regrets that she will not be here on the 6th and she appreciates this opportunity
to mention that Scott and Randy were the inspiration for her son becoming a firefighter in the City of Scottsdale. She
said that everyone had so much respect for the Chief; he was a friend and always wanted the best for the Town. She
added that one of his dreams was to have the new fire station and that should come to fruition soon. She stated that
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perhaps they can consider naming that station after the Chief and also thanked his family for sharing him with the
Town for all these years.
Mayor Kavanagh announced that there will be a memorial service for Chief LaGreca on July 6th at 11:00 a.m. at
Sheppard of the Hills Church and she will reserve her statement until then.
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh advised that she attended once again the annual PECO lunch, which is a non-profit Pakistani group
that brought them the Kite Festival in March. She said that several of that event's organizers expressed appreciation to
her for the Town's help in putting on the Festival, particularly Br yan Hughes. She noted that they are looking forward
to making Fountain Hills the permanent home of the Kite Festival. She added that they are already scheduled for
March of 2014.
The Mayor commented on the extensive, enthusiastic response from citizens and people across the country as far as
the passage of the Town's Animal Protection Ordinance that was approved at the last meeting and provided details on
the Ordinance.
Mayor Kavanagh wished Town Clerk Bevelyn Bender and Human Resources Director Joan McIntosh a happy
birthday.
ii) The Mayor will read a Proclamation recognizing July 2013 as Park and Recreation Month in the Town of
Fountain Hills.
Mayor Kavanagh read a Proclamation that described the positive benefits of park and recreation activities and
programs on the entire community and proclaimed July 2013 as Park and Recreation Month in the Town of Fountain
Hills.
iii The Mayor will read a Proclamation declaring August 2013 as Drowning Impact Awareness Month in
Fountain Hills.
Mayor Kavanagh discussed and provided details on the number of drownings in Arizona that occur on an annual basis
(the equivalent of a classroom of children). She advised that families can take simple steps to avoid the tragedy of the
unnecessary loss of children's lives. She noted that water safety remains a priority for everyone and keeping children
safe is the goal of the Fountain Hills Rural Metro Fire Department and other prevention institutions in Arizona. The
Mayor declared August 2013 as Drowning Impact Awareness Month in the Town of Fountain Hills.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Recognition of Fountain Hills Fire Department Chief Scott LaGreca for 17 years of dedicated service to
the citizens of Fountain Hills.
For discussion on this item, please refer to the first item under Mayor's Report, listed above.
ii) Presentation by Arizona State Representative Michele Ugenti regarding matters relating to new legislation
that may impact Fountain Hills and its citizens.
Arizona State Representative Michele Ugenti (District 23) addressed the Council and provided brief background
information on herself. She highlighted the following issues that have been going on for the members of the Council:
* They have been dominated by a budget and Medicaid discussion/debate over the last several months. It has been
contentious and they have now come out of the "fiscal cloud" and are seeing revenues increase but there has been
a push to spend some of their reserve monies and additional funds a little bit too prematurely. She noted that
although they are in a better spot they are not completely out of the woods quite yet and debate has been taking
place on the kinds of things they should be funding/expanding like the Medicaid expansion (increases those
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eligible for Medicaid and restores the childless adult population). It did pass the House as part of the budget and
the Senate and was signed by the Governor. This is a large part of the health care debate in Arizona and the rolls
are being increased considerably and only time will tell if this is something that the Federal government will be
able to help maintain or if they roll it back in which case it will become the responsibility and burden of the
General Fund.
* The budget passed with all of the Democrats and about eight Republicans. She did not support or vote for the
budget on the floor. It spends about $100 million more over the next three years and it does increase Education
spending by roughly $2.4 million this year and that money will go to a Study Committee to determine how they
are going to spend $70 million on performance funding for teac hers. They also increased Department of
Economic Security (DES) funding by another $9 million, Higher Education funding by another $5 million, State
employees across the board got a 5% pay increase on top of a pay increase they got last year (time will te ll if this
is a budget that also stays in the red). The revenue projections used are much more robust compared to the
revenue projections for the budget that the House Appropriations Committee had put out (possible shortfalls
could occur; they will have to wait and see).
* Transaction Privilege Tax (TPT). This was not the main area that she concentrated on during this session (John
and Linda Kavanagh led the charge). She thanked the Mayor for all of the input, time and energy that she put
into this matter. The League ended up getting an agreement with the business community and the Governor so
per that last minute agreement people felt comfortable that the cities were okay with the bill in that current form,
which allowed it to get voted out with bi-partisan support in the House and the Senate and was signed by the
Governor.
* Representative Ugenti handled some Election Bills and Public Safety Bills but she believes the important ones
for the Town were the Consolidated Election Bills. It passed last year and it is now in court being litigated
(Tucson filed the lawsuit and Phoenix has joined the effort). They are going to court at the end of July and she is
participating in the lawsuit and has submitted comments in support of the law and asked others to do the same.
There were some tweaks that needed to happen (direction about term lengths for Council and working and
working collaboratively with the League they highlighted certain fixes that they wanted). The bill she introduced
was probably one of the first bills she introduced this Session and they ultimately got the fixes done and the
Governor signed them today. If there is anything else that she can fix or address as far as Consolidated Elections,
she urged the Council to bring them to her attention. She anticipates that the lawsuit will get app ealed all the
way up to the Arizona Supreme Court.
* The League had a couple of priorities this Session, including the Consolidated Election fixes and TPT and there
were a couple of other bills that they were watching that never amounted to much. She believes that the cities
had a successful year and she thinks that the cities are in a good position. She has had an opportunity to build a
really good relationship with the League.
Representative Ugenti thanked the Council for the opportunity to address them and indicated her willingness to
respond to any questions.
Mayor Kavanagh thanked Representative Ugenti for all of her help with the TPT and said that even though the
Representative was not involved in those meetings it was very hard to get in those meetings and she was lucky that
some of the Mayors were invited (only two Legislators were able to participate). She added that just in its original
form, with the Governor knowing that Representative Ugenti was a negative vote on that, which was extremely
helpful and helped facilitate the changes that were made. She said that from the very start she knew that
Representative Ugenti was aware of the great harm that the original bill would have done to the Town. The Mayor
said that the Council will probably be asking her for some fixes the next time around. She added that even though the
Animal Protection legislation did not go through she wanted to thank Representative Ugenti for her assistance (one
Senator held it and refused to let it go to a floor vote). The Mayor noted that last year Representative Ugenti received
an award from the Humane Society so they knew she would be a yes vote and that was important to her. She added
that they did pass the ban in Fountain Hills and hopefully they can work on tha t again in 2015. She stated that the
Humane Society is talking about perhaps doing a Referendum that will go to a vote of the people on this matter.
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Councilmember Dickey thanked Representative Ugenti for her presentation this evening and said that the
Representative knows that the Council was opposed to the Consolidated Election Bill last year because of the
ramifications (the terms). She added that their main concern had to do with mail in ballots and asked what will
happen to the Town in the November elections (they are used to having all mail in ballots).
Representative Ugenti advised that the Town can still have all mail in ballots and explained that that was a
misconception by the counties and the League did not address mail in ballots at all (their all mail in ballot status will
be maintained).
Councilmember Dickey stated that the Primary ballots cannot all be just mail in ballots and she hasn't heard what the
fix will be on that. She added that there are people in Town who will expect to receive a mail in ballot but they
cannot get one unless they request one (no longer automatically sent) because they have to declare which ballot they
want. She said that she thinks that there will be some confusion.
Representative Ugenti stated that they are not going to have a problem and if they are confused she would love to sit
down with them and bring in the County because the issue with mail in ballots was heavily vetted. She advised that
she spent all summer reaching out to all of the cities that she thought had concerns and she met with the Mayors who
responded back to her. She said that there has been a lot of confusion about the mail in ballots but once they walked it
through and explained it, most of the confusion was alleviated so she would like t o set up a meeting and bring in the
County to discuss this because she is almost positive that the Town is not going to have any issues.
Mayor Kavanagh commented that the meeting is a good suggestion.
Vice Mayor Elkie also thanked Representative Ugenti f or her service and her appearance at the meeting. He said that
the Town enjoys its independence and autonomy and they have had to be reactive to a few things that have come
down as far as the State and obviously there are unintended consequences and not all the cities and towns will always
be pleased. He noted that the Town relies heavily on sales tax and State Shared revenues since Fountain Hills does
not have a primary property tax. He added that they aren't in favor of a lot of taxes and as a Town their budget has
gone down dramatically over the course of the last four or five years (about a third) and staff has decreased by about
50%. He said that they have adjusted and balanced the budget every year. He noted that with the ADWR (Arizona
Department of Water Resources), Fountain Hills was the last municipality to agree to pay the fee because they don't
have a water company and did not feel they should have to pay the fee. He added that the TPT, despite changes that
were made, will still result in some reductions in revenue. He also discussed the passage of the fireworks and
allowing them to be sold State wide (they can be sold in Town but they can't be used because of the Town's
ordinance). He also commented on HURF and those monies and advised that these are just some of the things that the
Town has had to face. He stated that he wants to be as respectful as possible but he also wants to communicate the
things they have had to deal with and it has been very tough for the Town and he knows it has been at the Legislature
as well. He said that he hopes that as more revenues come in the State will let more revenue be passed along to the
cities and towns.
Representative Ugenti commented that the Town has a TPT champion and she believes she voted agains t the
fireworks legislation. She asked about the ADWR fee and the Vice Mayor said that the issue was that it was not
retroactive. The Representative agreed with the Vice Mayor's comments and said she would be happy to help in any
way she can. She said that that was a lot of money and she knows they have to balance the budget, which can be very
challenging. She added that she is here to help and they can't always agree but that's never the goal because that is not
practical but she wants to do everything she can for her municipalities and if it makes sense and she can get it done
she will do it. She noted that not everything needs legislation, a lot of things can be done behind the scenes and she is
open to doing that too. She encouraged the members of the Council to call her with their questions, issues and
concerns and stated that she loves hearing from the Mayor and members of the Council.
Vice Mayor Elkie thanked Representative Ugenti for her input.
Mayor Kavanagh thanked Representative Ugenti for her presentation.
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iii) Presentation by the Mayor's Youth Council relating to their Public Service Announcements created this
past year and recognition of Fountain Hills' High School student/Mayor's Youth Council member Kaylan
George's video award from the Maricopa County Attorney's Office.
Mayor Kavanagh stated that they have had a very active Mayor's Youth Council (MYC) this school year and noted
that Youth Council member Kaylan George won an award from the Maricopa County Attorney's Office for a video
she made. She invited Heather Ware to come forward. The Mayor noted that 16 high school students participated in
the MYC this year and said that the students are committed to serving the community and learning firsthand about
how local and state government works. She added that this year was a great re -energizing of the MYC and included
the assistance of Mike Ciccarone helping with the technical areas utilized and Heather Ware serving as the Advisor to
the program. She said that it became a very solid group with all members wanting to return this fall and recruit some
friends while still keeping it small since they like the community aspect of the group.
The Mayor highlighted the various activities that the MYC participated in and said that Ms. Ware would talk about a
project that they are going to share this evening. The Mayor advised that only a few of the youth members are in
Town right now but those that are (three) showed up for the meeting. She said that she is so proud of the students for
what they have accomplished, their energy and their willingness to help the community and she could not have done
this without Ms. Ware and Mr. Ciccarone. She thanked them for everything that they have done.
Ms. Ware addressed the Council and thanked them for the opportunity to appear before them this evening on behalf
of the MYC. She introduced the members of the MYC present at the meeting. She said that in addition to all of the
activities highlighted by the Mayor, the MYC members also created, filmed and edited their own Public Service
Announcements on two subjects -- substance abuse and texting while driving. She advised that all of the
Announcements will be aired on Channel 11, the MYC website and Facebook page. She announced that one of the
Announcements that were created by their summer intern, Kaylan George, won 2nd place in a statewide contest held
by the Maricopa County General Attorney's Office ("My Message"). She said that the Kaylin submitted a 25-second
Public Service Announcement aimed at discouraging teen use of illegal drugs, alcohol and/or misuse of prescription
drugs. She added that this summer Kaylin is in the process of creating a video for the Town's Art Docent Progr am as
well as a Public Service Announcement for the Give A Life Program.
Mayor Kavanagh commended Kaylan and all of the members of the MYC for the terrific job they have done and
continue to do.
* CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM JUNE 6, 2013.
AGENDA ITEM #2 – CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY LAWRENCE E. ELLIGET, OWNER/AGENT OF KASY INC., DBA KIMMIE'S,
LOCATED AT 13014 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12
LICENSE (RESTAURANT).
AGENDA ITEM #3 - CONSIDERATION OF CONFIRMING APPOINTMENTS BY MAYOR KAVANAGH
AS FOLLOWS TO SERVE ON TOWN COUNCIL SUBCOMMITTEES FOR THE PURPOSE OF
INTERVIEWING APPLICANTS FOR THE TOWN'S BOARDS AND COMMISSIONS FOR FY2013-14: (i)
COMMUNITY CENTER ADVISORY COMMISSION - VICE MAYOR TAIT ELKIE,
COUNCILMEMBERS DENNIS BROWN & GINNY DICKEY; (ii) PARKS AND RECREATION
COMMISSION - COUNCILMEMBERS HENRY LEGER, CECIL YATES & CASSIE HANSEN; (iii)
PLANNING AND ZONING COMMISSION - COUNCILMEMBERS GINNY DICKEY, CASSIE HANSEN &
DENNIS BROWN; (iv) MCDOWELL MOUNTAIN PRESERVATION COMMISSION - VICE MAYOR
TAIT ELKIE, COUNCILMEMBERS HENRY LEGER & CECIL YATES; (v) PUBLIC SAFETY
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ADVISORY COMMISSION - COUNCILMEMBERS DENNIS BROWN, GINNY DICKEY & HENRY
LEGER; (vi) SENIOR SERVICES ADVISORY COMMISSION - VICE MAYOR TAIT ELKIE,
COUNCILMEMBERS HENRY LEGER & CECIL YATES; (vii) STRATEGIC PLANNING ADVISORY
COMMISSION - COUNCILMEMBERS DENNIS BROWN, CECIL YATES & CASSIE HANSEN; AND (viii)
BOARD OF ADJUSTMENT - VICE MAYOR TAIT ELKIE, COUNCILMEMBERS GINNY DICKEY &
CASSIE HANSEN.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING RESOLUTION 2013-29, ABANDONING
WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN
PUBLIC UTILITY AND DRAINAGE ESEMENTS (BUT RETAINING A TELECOMMUNICATIONS
EASEMENT) LOCATED AT THE SOUTHERLY AND EASTERLY PROPERTY LINES OF PLAT 603B,
BLOCK 2, LOT 7 (15743 E. THISTLE DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 41,
RECORDS OF MARICOPA COUNTY, ARIZONA. EA13-04 (RG DEVELOPMENT, INC.).
AGENDA ITEM #5 - CONSIDERATION OF APPROVING AMENDMENT NO. 1 TO COOPERATIVE
PURCHASE AGREEMENT C2013-123 BETWEEN PAVEMENT MARKING, INC. AND THE TOWN OF
FOUNTAIN HILLS FOR PAVEMENT MARKINGS IN AN AMOUNT NOT TO EXCEED $88,000.00.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING AMENDMENT NO. 1 TO COOPERATIVE
PURCHASE AGREEMENT C2013-121 BETWEEN NESBITT CONTRACTING CO., INC. AND THE
TOWN OF FOUNTAIN HILLS FOR ASPHALT REPLACEMENT AND MISCELLANEOUS WORK IN AN
AMOUNT NOT TO EXCEED $906,000.00.
AGENDA ITEM #7 - CONSIDERATION OF APPROVING AMENDMENT NO. 1 TO COOPERATIVE
PURCHASE AGREEMENT C2013-122 BETWEEN SOUTHWEST SLURRY SEAL, INC. AND THE TOWN
OF FOUNTAIN HILLS FOR MICRO SURFACING IN AN AMOUNT NOT TO EXCEED $820,000.00.
AGENDA ITEM #8 - CONSIDERATION OF APPROVING AMENDMENT NO. 2 TO COOPERATIVE
PURCHASE AGREEMENT C2013-120 BETWEEN CACTUS ASPHALT AND THE TOWN OF FOUNTAIN
HILLS FOR CRACK SEALING IN AN AMOUNT NOT TO EXCEED $186,000.00.
AGENDA ITEM #9 - CONSIDERATION OF APPROVING A PURCHASE AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND L.N. CURTIS AND SONS, THROUGH THE MOHAVE
COOPERATIVE PURCHASING COOPERATIVE, FOR TWENTY (20) SELF CONTAINED BREATHING
APPARATUS IN THE AMOUNT OF $73,449.06.
AGENDA ITEM #10 - CONSIDERATION OF APPROVING THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE HORIZON REAL ESTATE
GROUP, INC., TO PROMOTE COMMERCIAL BUSINESS IN FOUNTAIN HILLS, IN ACCORDANCE
WITH THE ADOPTED FOUNTAIN HILLS ECONOMIC DEVELOPMENT PLAN.
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2013-34, APPROVING A MEMORANDUM
OF UNDERSTANDING WITH MARICOPA COUNTY RELATING TO MEDICAL COUNTERMEASURES.
AGENDA ITEM #12 - CONSIDERATION OF APPROVING THE FIRST AMENDMENT OF THE
AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND AT&T WIRELESS PCS, LLC, FOR
A CELLULAR COMMUNICATIONS TOWER AT 9810 N. TECHNOLOGY DRIVE, FOUNTAIN HILLS,
AZ.
There were no citizens wishing to speak on these agenda items.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED
the motion.
There were no citizens wishing to speak on these agenda items.
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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 #1 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY ROBERT BOE JAMES, REPRESENTING THE VETERANS OF
FOREIGN WARS POST #7505, FOR THE PURPOSE OF A FUNDRAISER IN CONJUNCTION WITH THE
FOURTH AT THE FOUNTAIN. THE EVENT IS SCHEDULED FOR THURSDAY, JULY 4, 2013, FROM
4:00-10:00 P.M. AT FOUNTAIN PARK.
Mayor Kavanagh advised that there was no staff report on this item and requested a motion.
Councilmember Yates MOVED to approve the Special Event Liquor License as presented and Councilmember
Dickey SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Elkie, who stated that he would abstain from the vote on this item, clarified that the actual event hours are
5:00 p.m. to 10:00 p.m. although they might be setting up at 4:00 p.m.
The motion CARRIED UNANIMOUSLY by those voting (6-0) with Vice Mayor Elkie abstaining.
AGENDA ITEM #2 - CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH
ARIZONA BUSINESS ADVISORS, LLC, IN THE AMOUNT OF $4,500, FOR THE FISCAL PERIOD JULY
1, 2013 THROUGH JUNE 30, 2014, TO OPERATE AND MANAGE JUMPSTARTBIZ, A BUSINESS
INCUBATOR PROGRAM DESIGNED FOR THE DEVELOPMENT OF ENTREPRENEURIAL
BUSINESSES IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh advised that they need a separate motion for each of the Professional Service Agreements. She said
that if any members of the Council want to discuss any of the items, they should indicate so otherwise she will ask for
a motion and second on each of the items.
Councilmember Leger MOVED to approve the Professional Services Agreement with Arizona Business Advisors,
LLC, in the amount of $4,500, for the fiscal period July 1, 2013 through June 30, 2014 to operate and manage the
JumpStartBiz, a business incubator program designed for the development of entrepreneurial businesses in the Town
of Fountain Hills 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 #3 - CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH
EXTENDED HANDS FOOD BANK, IN THE AMOUNT OF $24,200, FOR THE FISCAL PERIOD JULY 1,
2013 THROUGH JUNE 30, 2014, TO PROVIDE FOOD AND SOCIAL SERVICE REFERRAL FOR
FOUNTAIN HILLS' RESIDENTS.
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Councilmember Dickey MOVED to approve the Professional Services Agreement with Extended Hands Food Bank,
in the amount of $24,200, for the fiscal period July 1, 2013 through June 30, 2014, to provide food and social service
referral for Fountain Hills' residents and Councilmember Brown SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #4 - CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH THE
FOUNTAIN HILLS CHAMBER OF COMMERCE FOR TOURISM, IN THE AMOUNT OF $103,000, FOR
THE FISCAL PERIOD JULY 1, 2013 THROUGH JUNE 30, 2014, TO PROMOTE TOURISM IN
FOUNTAIN HILLS.
Councilmember Hansen said that she was a little bit confused because when they talked about this in a May budget
meeting, she got the impression that the program has been building over the last five years and broadening its scope
and expanding and she was surprised to learn that they were going with a different marketing firm . She stated that
she was not aware of that when they were having the discussion in May. She added that the previous consulting firm
was a local firm and now they have been informed that the new firm is a Scottsdale firm. She advised that she wished
the Council had had the opportunity to have all of that information during the previous budget discussions and she just
wanted to point that out.
Councilmember Dickey said that last year in November and then when they went through some of the budget
discussions she expressed some concern about the idea that this funding was not being made available for the
Economic Development Plan. She stated that she knows they will be talking about that later but she want ed to again
bring that up especially in light of the changes that happened when they initially approved this. She advised that
basically she thinks that as they see the presentation about the Economic Development Plan implementation and what
that might mean as far as tourism and other items on here, JumpStartBiz, etc., maybe they will be able to see how that
all plays out in the coming year. She added that as Councilmember Hansen said she thinks there was a little bit of
information that they didn't have at the time and at this point they are going forward but she thinks it will be
interesting for them to see how this all plays in with economic development as the year goes on.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to approve the Professional Services Agreement with the Fountain Hills Chamber of
Commerce for Tourism, in the amount of $103,000, for the fiscal period July 1, 2013 through June 30, 2014, to
promote tourism in Fountain Hills and Vice Mayor Elkie SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #5 - CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH
FOUNTAIN HILLS COMMUNITY THEATER, IN THE AMOUNT OF $70,240, FOR THE FISCAL
PERIOD JULY 1, 2013 THROUGH JUNE 30, 2014, TO PROVIDE GENERAL THEATER PRODUCTIONS
AND WORKSHOP/CAMP SUPPORT FOR FOUNTAIN HILLS' RESIDENTS.
Councilmember Dickey advised that she will be abstaining from this vote.
Councilmember Leger MOVED to approve the Professional Services Agreement with Fountain Hills Community
Theater, in the amount of $70,240, for the fiscal period July 1, 2013 through June 30, 2014, to provide general theater
productions and workshop/camp support for Fountain Hills' residents and Councilmember Brown SECONDED the
motion.
There were no citizens wishing to speak on this agenda item.
A roll call vote was taken with the following results:
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Councilmember Yates Nay
Councilmember Leger Aye
Councilmember Brown Aye
Councilmember Hansen Aye
Vice Mayor Elkie Aye
Mayor Kavanagh Nay
Councilmember Dickey Abstain
The motion CARRIED by majority vote of those voting (4-2) with Councilmember Yates and Mayor Kavanagh
voting Nay and Councilmember Dickey abstaining.
AGENDA ITEM #6 - CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH BOYS
& GIRLS CLUBS OF SCOTTSDALE, MCKEE BRANCH, IN THE AMOUNT OF $64,000, FOR THE
FISCAL PERIOD JULY 1, 2013 THROUGH JUNE 30, 2014, TO PROVIDE TEEN ACTIVITY PROGRAMS
TO INCLUDE ACADEMIC SUCCESS, GOOD CHARACTER AND CITIZENSHIP AND HEALTHY
LIFESTYLES FOR FOUNTAIN HILLS' RESIDENTS.
Councilmember Leger MOVED to approve the Professional Services Agreement with Boys & Girls Clubs of
Scottsdale, McKee Branch, in the amount of $64,000, for the fiscal period July 1, 2013 through June 30, 2014, to
provide teen activity programs to include academic success, good character and citizenship and healthy lifestyles for
Fountain Hills' residents and Councilmember Hansen SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
A roll call vote was taken with the following results:
Councilmember Hansen Aye
Councilmember Leger Aye
Councilmember Dickey Aye
Councilmember Yates Nay
Vice Mayor Elkie Aye
Councilmember Brown Aye
Mayor Kavanagh Nay
The motion CARRIED by majority vote (5-2) with Councilmember Yates and Mayor Kavanagh voting Nay.
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2013-31, ACCEPTING THE STRATEGIC
PLANNING ADVISORY COMMISSION'S RECOMMENDATIONS TO COUNCIL REGARDING
IMPLEMENTATION OF THE ECONOMIC DEVELOPMENT PLAN APPROVED BY THE COUNCIL ON
MARCH 21, 2013, AND INCORPORATING THE "STRATEGICALLY ORGANIZED APPROACH" INTO
THE ECONOMIC DEVELOPMENT PLAN ACCORDINGLY.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and highlighted the staff report (a
complete copy of this and the entire presentation is available on line and in the office of the Town Clerk). Mr.
Buchanan advised that at the Council's March 21, 2013 meeting, the Council approved the Economic Development
Plan with the request that the Town Manager and Strategic Planning Advisory Commission (SPAC) research and
recommend a strategy for its implementation. He said that they asked a local citizen, Ms. Peggy Fiandaca, who has
experience in these areas to assist in the process and the development of a strat egy. He noted that over the course of
three meetings in April and May, 2013, the SPAC met to review and refine a recommendation for Council's
consideration. He explained that initially Ms. Fiandaca provided an in -depth review of economic development best
practices and trends in organizational structures in Arizona and the country. He added that these structures, ranging
from loose volunteer-based groups to highly structured non-profit or government organizations provide a range of
ways communities can focus economic development efforts and implement various strategies. He said that Ms.
Fiandaca noted that while private, non-profit economic development organizations had previously been a popular
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enterprise, the trend in Arizona has led to formalized economic development efforts being managed within local
governments.
Mr. Buchanan informed the Council that in order to evaluate potential implementation strategies, the SPAC
established seven criteria for developing a successful economic development program:
* Accountability
* Economic development expertise
* Key stakeholder involvement
* Local focus
* Public/private partnership
* Single point of contact
* Sustained funding source
Mr. Buchanan further stated that the SPAC identified the universe of implementation options to explore for Fountain
Hills and using the defined criteria and weighing the pros and cons of each potential organizational option. He
advised that the SPAC has recommended the establishment of an economic development program led by the Town
Manager. He added that recognizing the current resource limitations of the Town, the SPAC recommends the
development of a Resource Board to assist the Town Manager regarding the economic development program. He
noted that the Resource Board will act like a "board of directors," providing guidance on policy -related matters and
serving at the direction of the Town Manager. He said that meetings will take place on a quarterly ba sis and the
Resource Board would consist of a representative from each of the sixteen (16) stakeholder groups outlined in the
staff report. He stated that it is the recommendation of the SPAC that the Town Manager be directed to move forward
with implementing the economic development program by establishing the Resource Board as outlined, with program
evaluation occurring annually as part of the budget process. He added that ultimately, if the economic development
program is successful, the SPAC recommends working towards the long-term goal of transitioning these efforts to a
501(c)(3) or (6) organization, if private funding materializes.
Mr. Buchanan advised that staff recommends that the Council approve Resolution 2013-31, accepting the SPAC
recommendations that have been provided to the Council regarding implementation of the Economic Development
Plan approved by Council on March 21, 2013, and incorporating the "Strategically Organized Approach" into the
Economic Development Plan accordingly.
Mr. Buchanan indicated his willingness to respond to questions from the Council and stated that members of the
SPAC, including Ms. Thomas, are also present to answer any questions and/or provide any clarification.
Mayor Kavanagh thanked the members of the SPAC for all of the work they have done on this and said that she
attended the meeting where a very lengthy discussion took place and it was a very good meeting. She stated that the
members were very serious about working on this plan in order to ensure its success. The Mayor also thanked Ms.
Fiandaca for all the hours she put in working with the SPAC in order to put this together.
Councilmember Hansen commented that so much work was done on this and she was surprised that they didn't have a
joint session with the SPAC to review how they arrived at their recommendations. She discussed the identification of
the stakeholder groups and said that that is always a touchy thing because they never know if they are leaving
someone out that should be included. She noted that the Business Alliance Group is not included on the list and since
she knows the Chamber is on there, the Business Alliance Group has additional direction and it might behoove them
to include them on the stakeholder list as well. She said that there could very well be others who belong on the list
and pointed out that although retail interests were covered, contracting interests were not so this may be an area that
deserves a little more discussion.
Councilmember Brown advised that he has several concerns about the Resolution and stated that he sees this as
forming a commission, which could become a permanent commission that would be around to advise another
commission continuously and he doesn't think they need a commission to advise a commission. He added that they
have a good Economic Development Plan that needs to be implemented. He said that he is a business person and he
can honestly say that he would have no idea how to implement nor could he even participate in a conversation
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representing how they could implement this plan. He noted that they have selected the stakeholders but he doesn't see
anybody who actually has a strong background in economic development (maybe there is someone but he is not aware
of it). He stated that he sees the stakeholders as being extremely good business people and good business people/good
operators do not necessarily make good economic development directors. He further advised that before they move
forward with this he thinks they should hold a Work Study Sess ion or a joint session with the SPAC, as recommended
by Councilmember Hansen. He added that at this point in time he is not comfortable with it.
Mayor Kavanagh asked Mr. Buchanan if he felt comfortable responding to some of the concerns that have been
expressed since he attended the meetings and he replied that if the Council wants to have a meeting with the SPAC
one can be set up and they can talk about the issues in depth.
Mayor Kavanagh commented that if this particular stakeholder group is a problem they could always look at other
options like just having consultants available for Mr. Buchanan to discuss this with. She advised that she had a little
reservation about having a big group and questioned whether they would actually resolve anything or jus t keep
rehashing (how are they going to make decisions with so many people involved?). She added that she would be more
comfortable having it be directed by Mr. Buchanan and he would have the option to call on experts to assist him when
needed.
Vice Mayor Elkie thanked the members of the SPAC for taking this on and noted that it was at the request of the
Council that they became involved. He said that there is no shortage of smart people in Town and no shortage of
people willing to offer their opinions about how things should be done and many have excellent experience that
should be heeded. He stated that the Council has adopted an Economic Development Plan that needs to be
implemented and it comes down to who is going to implement it as opposed to a "think tank" or a great group of
resources, which are already available to Mr. Buchanan and staff. He added that there is nothing stopping the Town
Manager from calling a meeting or asking these stakeholders to come in and talk about various issues. He commented
that he doesn't see that it has to actually be a Council Resolution to create this body. He further stated that he has
some concerns about an elected official serving on that commission as well. He stated that he knows everything can
be tweaked but he thinks there needs to be professionals out there and staff but not elected officials. He said that he
wants the Town Manager to be successful and he wants to have resources available to him but he thinks these
resources are already there and they don't need a Resolution from the Council to tell the Town Manager to do
something that he already has the authority to do.
Councilmember Leger advised that he thinks he is ready to move forward with a motion this evening on all of this and
he wrote down a few notes that he would like to go through as a rationale for the motion he intends to make at the end
of his comments. He stated that he agrees with the comments that everyone has made this evening -- how do you
arrive at these particular stakeholders? He believes that some are possibly missing and a group of this size can be
unwieldy. He added that they have talked about this for a long time and he wrote down some notes because there is a
history and he wants to present that. Councilmember Leger read the following:
"The genesis of the current economic development plan started in 2010 with input from the Business Vitality
Advisory Committee and was also influenced heavily by the community driven Strategic Plan. The components of
the plan were outlined by the Town's previous Economic Development Administrator and the Town Manager i n 2011
with input from community leaders, the Strategic Planning Advisory Commission (SPAC) and the Business Vitality
Advisory Committee, which was a group of members, staff from the Town, and members of the business community.
When the Business Vitality Advisory Committee started off it had pretty much the same host of people that are on this
list so he sees this as kind of a redo to a certain extent. The plan has been vetted by the Town Council, this Town
Council, and modified slightly/updated to its present form by the Town Manager and the SPAC once again. As you
may recall, this Council unanimously approved moving forward with the Economic Development Plan in its current
form. One of my concerns about the plan, which is an awesome plan but has a lot of pieces to it and is very
complicated. Given that, they don't want to create a burden for Mr. Buchanan or if he brings in contract labor to help
with this. I think it is really important that they focus and maybe that is what they really need to talk more about. I
think they need to focus more on what they have talked about in the past, whi ch is business attraction as a focus in the
targeted segments that are already in the business Economic Development Plan, which goes without saying. The plan
has been "committeed to death" -- no disrespect to SPAC but they don't need another commission. They asked SPAC
for recommendations and they did awesome work, they worked hard, they used experts and they came back to us with
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two recommendations that I have extracted and one I want to mention because it is going to be part of my motion.
There of course was the advisory board, which they have talked about as a group this evening but there was also an
economic development matrix that was presented back to Council and they've reviewed the packet they have all had
an opportunity to see that. One of the things they did ask SPAC was to prioritize. Our Economic Development Plan
had action steps in it but they weren't prioritized and I think that SPAC did an excellent job prioritizing them in short,
medium and long terms, which makes them more manageable so I definitely accept that recommendation from SPAC
and that is something that he would like to include and he will in his motion moving forward. The plan has been
"committeed" as I have mentioned and it is time to identify contract labor to implement the plan under the direction of
the Town Manager utilizing funding targeted for this purpose. For those of you who have followed our budgetary
discussions and prior to that they created a Resolution that took an unfunded mandate and created funding out of the
excise tax exclusively to be utilized to implement the plan and that is where they should provide the Town Manager
the tool to utilize that as was stated, "boots on the ground." I will leave it at that and it goes without saying that the
Town Manager has the responsibility and always has the authority to interface with any stakeholder group he chooses
to and as I look at this list and it is a very nice list put together by SPAC, he probably is interfacing with most of those
people. There are people not on here and I think as we moving forward with the Economic Development Plan, it will
be situation oriented and there are people who are outside of this group who really need to be in the mix and decision
making and that is why in some respects this is comprehensive but it doesn't hit all of the bases."
Councilmember Leger thanked Mayor Kavanagh for allowing him to indulge in that and said that he felt the need to
talk historically about the issue and the point is he doesn't believe they need another commission or advisory
committee to implement this plan.
Councilmember Leger MOVED to adopt the Economic Development matrix prescribed by SPAC and incorporate it
as an integral component of the existing Economic Development Plan and Councilmember Hansen SECONDED the
motion.
Councilmember Brown advised that he appreciates the motion and feels that he would still like to try and put together
a Work Study Session with the SPAC even to go over the matrix that has been assembled. He noted that he has
several questions and thoughts on the matrix that he would like to have answered. He said if at all possible maybe
this can be included as an agenda item on one of the Council's earlier August or September Work Study Sessions if
there is an opening. He added that he would like to address this with the SPAC but if not he could get together with
them one-on-one and probably get his answers.
Vice Mayor Elkie commented that one of the other things to consider is they will be contracting with an individual or
a company to assist them with implementing the Economic Development Plan -- they have yet to do that so he thinks
that particular person or entity should be involved in the process as well as they go forward. He added that this should
be done even prior to holding a joint meeting with the SPAC if that does occur.
Councilmember Yates thanked Councilmember Leger for providing background information and also expressed his
appreciation to the SPAC for all the hours and effort they put into this project. He noted that he sat on the Busine ss
Vitality Advisory Committee and there was lots of energy -- same stakeholders, same goals. He stated that when he
read through this it was like déjà vu all over again and his concern is that there are lots of moving parts and when they
complicate things it concerns him. He added that he appreciates comprehensive but he wants to keep it easy. He
believes in the free market and letting the market tell them what to do. He sees this as another redo and he appreciates
that they need a group to "put the boots on the ground" but he is more on the side of sitting down and trying to come
up with a joint effort now that they have all of this information.
Councilmember Dickey advised that it sounds as though people are more comfortable with waiting but she just
wanted to thank some of the members that she was able to pose questions to. She stated that it seems to keep focusing
on the Resource Board maybe a little bit too heavily but she thinks the rest of everything else is really what they want.
She added that based on what she is hearing she is okay with doing a Work Study Session with the SPAC but she
thinks maybe they are going a little bit too heavy on the Resource Board and taking that as the whole thing but there is
a lot of stuff here that is really in line with what they want.
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Councilmember Leger said he can kind of see the way this is leaning and that is something that can work for him. He
added that he thinks his point was that he thinks the Resource Board is over the top and he was trying to parcel out the
parts. He further stated that what concerns him is that the SPAC has put a lot of work into this and they have done it
over several meetings. He pointed out that they have had joint sessions with them before and talked about this -- they
have been having this discussion since 2010. He added that if they want to sit down and have another discussion with
them that's all fine and good. He noted that they have provided the Council with a product, a matrix, and if they have
looked at it closely it has basically taken what is in their original plan and added a strategy -- they have created short,
medium and long-term goals. He noted that obviously they are going to be bringing in a contract resource, they have
a broker coming on board and if they look closely at the matrix, particularly some of the short -term goals, a lot of
them fall into staff areas and staff responsibility. He advised that he is not quite sure how much more they are going
to accomplish that they haven't talked about. He added that he respects the work that they have done -- it mirrors the
work that was in the plan and we asked them to prioritize and they came back with their priorities. He asked what
they are going to do with them -- sit down and go back and forth on the priorities? If they have looked at them
closely, they align with the current plan that they have approved. He said that he is all for high involvement
governments in strategic planning and thinks that is how he ended up on the Council, starting with that particular
group, but the bottom line is that it is time to move this forward and basically say to the Town Manager "here you go,
here's plan, here's an organized group of tasks, go to it, use your resources" and there is nothing that precludes them
then from sitting down with the SPAC as they manage their way through the process. He noted that he is not sure
what they gain by sitting down again and questioning the product they have already come up with, which they have
been around the block on and which does mirror the matrix that they had in their plan.
Mayor Kavanagh commented that she does like the plan and she did read through it. She advised that she was in
favor of it but she would be reluctant to go ahead with something knowing that there are so many unanswered
questions from her fellow Councilmembers and if they would rather have a Work Study Session to discuss some of
these issues because they feel uncomfortable with implementing this right now , she can certainly understand and go
along with that.
Councilmember Dickey stated that to go along with what Councilmember Leger said, even though they haven't
brought anyone on board yet, maybe since this is the result of what they have said they want that is not the worst thing
in the world to have it in place so she is in favor of going ahead with it but if everyone wa nts them to wait obviously
she wants to respect that.
Councilmember Brown stated that he respects Councilmember Leger's comments and reiterated that he thinks the
matrix is very doable. He added that he will have one-on-ones with the SPAC to have his questions answered if he is
the only one that feels that way. He said that he is okay with that.
In response to a question from Mayor Kavanagh, Councilmember Yates advised that he is comfortable with the
matrix; it still goes back to who is physically doing it. He stated that he has served on those boards and people come
on and go off of them. He asked who will be responsible for recruiting and meeting with the "ABC" company. He
added that he knows that everyone in the group is very capable but it reminds him of what has happened in the past --
they get this energy, they bring it to a head and there is a gap that is missing. He said that he needs a more structured
path of how they are going to get this done and he wants to know who is going to do it. He stated the opinion that
ultimately Mr. Buchanan needs to do it however he sees fit so he is more apt to meet and go over this again. He
added that seeing a 16-person board and handing them the matrix is a concern because he doesn't want to set anyone
up for failure.
Mayor Kavanagh advised that she believes the motion on the floor excludes the 16-member committee.
Vice Mayor Elkie commented that he would be in favor of just moving forward. He said that as a Council and with
SPAC they have integrated through the motion although they haven't voted on it yet but if it passes , it integrates the
SPAC's recommendations and the matrix. He noted that they have beat this to death and then they beat it some more.
He stated that he thinks it is time that they implement it and they have given Mr. Buchanan his marching orders -- he
knows what he is supposed to do and he knows that he has the funds to do it and he will get an outside contractor to
assist him. He added that it is the responsibility of the Town Manager and the outside contractor to meet with the
stakeholders, talk to the SPAC and take care of those things -- that is why they are paying them. He said that they
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don't need to beat this up any more; the marching orders have been given. He further stated that sometimes they get
so sensitive to stakeholder input that it causes them to freeze and not do anything at all because they want to make
sure that they hear from everybody and then hear from them again and again. He added that he is certainly not putting
down stakeholder input whatsoever but there comes a time when action needs to be taken and he believes that time
has long passed and they should move forward.
Mayor Kavanagh advised that if she understands it correctly, this motion is calling for action without the stakeholder
group and Councilmember Leger confirmed that statement. He indicated his willingness to repeat the motion as
follows:
Councilmember Leger MOVED to adopt the Economic Development matrix prescribed by SPAC and incorporate it
as an integral component of the existing Economic Development Plan.
Mayor Kavanagh noted that she already has a second to the motion (Councilmember Hansen).
The Mayor called for a vote on the motion.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - CONSIDERATION OF ACCEPTING THE BID OF J.E. BOWEN CONSTRUCTION,
LLC, IN THE AMOUNT OF $1,415,455.03, FOR THE AVENUE OF THE FOUNTAINS MEDIAN
IMPROVEMENTS (DS2013-129).
Development Services Director Paul Mood addressed the Council relative to this agenda item and provided a brief
timeline of the project. He noted that the project has been going on for approximately two years and said that on
December 20, 2012, Council approved a contract with Landmark Design, LLC for the design of the Median
Improvements. He stated that Council then approved the median "concept" presented at the January 17, 2013
meeting. He advised that the construction documents were completed and the Invitations for Bids (IFB) was posted
on the Town's website on April 29, 2013. He added that advertisements were placed in the Fountain Hills Times and
Arizona Business Gazette for two consecutive weeks to meet the Arizona State Statute requirements and said that a
mandatory prospective bidder's conference was held on May 14, 2013.
Mr. Mood informed the Council that on May 29, 2013, the Town received sealed bids from four contractors that
included a "base bid" and bid alternates "A," "B," "C," and "D." He explained that Alternate "A" was a revised plaza
and fountain in the center of the west path of the median; "B" was a brick paver pathway in lieu of a concrete
pathway; "C" was for eight shade structures spread throughout the project and "D" was for the lighting package and
includes pedestrian and some up lighting. He reported that J.E. Bowen Construction was determined to be the low
bidder for the "base bid" and any combination of the bid alternates. He advised that staff called the company's
references that were provided and verified the company's contracting license and their subcontractors' licenses as well
and found no issues.
Mr. Mood stated that working with the Town Attorney, staff issued a Notice of Lowest Responsible Bidder to the four
companies that submitted bids, informing them that J.E. Bowen was the lowest bidder and staff was recommending
accepting their "base bid" and Alternates "A," "B," and "D." He said that it is staff's recommendation that the Council
award the contract to J.E. Bowen in the amount of $1,415,455.03 for the base median project plus Alternates "A,"
"C," and "D." He added that if the Council wants to add Alternate "B" for the brick pavers that would increase the
contract price by $22,470.00, making the total $1,437,925.03. He stated that staff would anticipate issuing a Notice to
Proceed if the contract is approved by July 1st and the final completion date would be November 4, 2013 barring any
major weather delays or unforeseen conditions. He advised that the owner of J.E. Bowen was the Project Manager for
the construction company that did the north side of The Avenue and they also have the same Superintendent who
worked on that project as well as projects in the park. He indicated his willingness to respond to questions from the
Council.
Town Clerk Bevelyn Bender advised that Jerry Kirkendoll wished to speak on this item.
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Mr. Kirkendoll addressed the Council and said he has been to so many meetings on this and he is confused about what
they are and are not going to do at this point. He stressed the importance of moving forward with this project and said
that to him some of the smaller but crucial aspects of this project include lights; bic ycle racks; chess/checker sets;
shade structures and a small music setup. He added that the lighting is the most important and said that at the other
end they also need a cut through so that people can go back around in a safe manner.
In response to a request from the Mayor, Mr. Mood reviewed the components of the lighting project that will be
included (18 pedestrian lights spread throughout the pathway, up and down the median and lighting when you enter
the different plazas on top of the columns and under each of the eight shade canopies and up lighting at the existing
art pieces that they will be relocating). He further stated that in the two center plazas one of the tables in each plaza
will have a table top with a checker board pattern so someone could play checkers or chess. He added that there are
bike racks spread throughout the project and as far as the music set up, there is electricity available for such as use.
He noted that there is no cut through on west side and explained that staff debated that but there are issues with the
Maricopa County Sheriff's Office's driveway and other issues.
Councilmember Yates thanked Mr. Mood, Mr. Buchanan and staff for getting this put together and stated that he
knows they had a really tight schedule. He asked Mr. Mood, based on his experience, if a project of this size and
scope can be completed within a four-month timeframe.
Mr. Mood responded that the contract is for four months and the intent is to try and get the project completed prior to
the Art Fair. He agreed that it is a tight schedule and said that more time would be better but they have the Art Fair
coming up and none of the contractors made any comments regarding the 125 day construction timeframe and not
having enough time.
Councilmember Brown thanked Mr. Mood for his presentation and for putting together with Landmark such an
incredible project in such a short period of time. He also thanked the contractors that took the time to bid this project.
He advised that as of this evening he will not be voting in support of this project due to pricing. He noted that all four
of the contractors have come in higher than the budget that they had discussed. He added that this is a great project
and he hopes they are able to get together and move forward at a later date. He said that he sees two possible reasons
for why the prices were a little higher than he expected and he believes these problems can be dealt with and resolved
on a future bid. He stated that they should have given the contractors more time to assemble their proposals and
second, they put a four month start to completion timeline on this project, which could possibly cause the price to go
up (the original start to completion timeframe was six months with a full month after the project was closed out for
the median to be matured prior to the next event).
Councilmember Brown offered the following recommendations: That staff re-write the bid documents and have a bid
opening in mid-March of 2014 with a start date in early April after the last event in March, the Thunderbird Art Show.
He stated that this will give staff adequate time to assemble the Requests for Prop osals (RFPs), will give the
contractors adequate time to present a good, solid proposal and it will also give them six full months to complete the
project plus one month prior to the first event in November. He expressed some of his concerns and fears an d
commented that the November Fair could be a total disaster if they have any delays, even natural delays like a wet
fall, or materials run short. He noted that it is a typical construction project but they are absolutely running it right
down to the wire and could have a total disaster for their Fair, which would be devastating to the Town of Fountain
Hills. He added that as it stands, even if they got the project completely done they are going to be looking at a 6 -foot
fence that will completely encompass the median and will not even let the vendors have access to the median short of
just plugging into power -- they won't be able to use it like they have in the past. He said that the 6-foot fence will
look bad and, in fact, as nice as the median will look it will look like an upscale prison waiting for inmates.
Councilmember Brown reiterated that he will not support moving this project forward at this time but he would like to
see it rebid in the spring of 2014.
Councilmember Brown MOVED to reject all four of the proposals, ask staff to assemble a new bid document for a
March 2014 bid opening and a start date on or about April 1, 2014 and Vice Mayor Elkie SECONDED the motion.
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Councilmember Hansen stated that based on what Councilmember Brown said she just wanted to comment that if
they do postpone this to ensure that the Fairs will go forward successfully, that just gives the vendors one more Fair
season to enjoy the shade provided by the 30 trees that will be coming down.
Mayor Kavanagh advised that she discussed this with staff before the meeting and she knows originally they had said
April would be ideal month to start and now they are already at the end of June. She said that they have a lot of
events coming up, not only the Fair but the Farmer's Market, the Thunderbird Artists, the lighting of the trees, etc.
She added that she was also disappointed that it came in at $1.4 million when they were hoping for $1.2 million. She
stated that she will defer to her colleagues here who know a great deal about construction.
There being no additional discussion, the Mayor called for the vote.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - CONSIDERATION OF APPROVING A LICENSE AGREEMENT WITH COX
COMMUNICATION, INC. FOR A PERIOD OF TEN (10) YEARS.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and advised that the license
agreement with Cox Communication effectively expired with an extension given to July 1, 2013. He noted that the
agreement calls for a ten-year agreement with a five percent (5%) annual fee, which is estimated at $330,000 to the
General Fund for use and convenience of the rights-of-way of the Town of Fountain Hills. He reviewed the contents
of a staff report (available on line and in the office of the Town Clerk) and recommended that the Council approve
this proposal. He added that Mr. Stull is present from Cox should the Council have any questions.
There were no citizens wishing to speak on this agenda item.
Councilmember Hansen asked how the office would work because it sounds like for six months they might be in an
office space in Town and then they would move out of Town for another six months (is this a rotating office?).
Mr. Buchanan advised that they have a third party office and if that agree ment goes away and they are forced to look
for another third party or do their own, the maximum that they could be away is a 13-mile area, which is actually their
existing office on the 101 & Scottsdale. He added that out of the ten years there can only b e nine months total that
they can be out of Town.
Councilmember Hansen asked if they can do anything about all of the paid programming on the Cox stations and said
she knows the answer is no but it is really frustrating.
Michael Stull, representing Cox, addressed the Council and explained that they are required under Federal law to
carry a lot of that stuff so unfortunately they cannot remove it.
Councilmember Leger MOVED to approve the CoxCom License Agreement for a period beginning July 1, 2013 and
ending June 30, 2023 and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-
0).
AGENDA ITEM #10 - CONSIDERATION OF APPROVING AN AGREEMENT WITH THE LAW
OFFICES OF MARK IACOVINO FOR PROVIDING SERVICES AS THE TOWN PROSECUTOR, IN THE
AMOUNT OF $110,000.
Mr. Buchanan addressed the Council relative to this agenda item and said as directed by the Mayor and Council, staff
has prepared an agreement with the Law offices of Mark Iacovino relative to providing services as the Town
Prosecutor for criminal cases in the Fountain Hills Municipal Court. He stated that the scope of the services are pretty
straight forward and self explanatory and the proposed compensation is $110,000 (the same annually) and the term is
for one year with automatic one-year renewals unless either party gives a 60-day notification not to renew. He said
that staff recommends that the Council approve the contract (Copy available on line and in the office of the Town
Clerk).
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There were no citizens wishing to speak on this agenda item.
Vice Mayor Elkie advised that he is pleased that they do have a contract on the table because they have a contract
with the Town Manager and the Town Magistrate and he thinks this is important to also have one with the Town
Prosecutor who is not an official Town employee. He said that with respect to the contract terms, it would be his
recommendation that the contract be for a two-year term, however, for the first initial term that it run concurrent with
their Judge's term. He stated that he thinks it is important for future Councilmembers to revisit this every year so
when they are looking at the Judge's contract as they do, they should be looking at the Town Prosecutor's contract as
well. He added that he is not in favor of the auto renewal if 60 days notice is not given although they do have the
ability to cancel the contract at any time. He said it should be for a fixed term and if the Council wants to continue
contracting with that particular individual they should.
Vice Mayor Elkie discussed the issue of liability and noted that he contracts with two municipalities and a county and
he is required to have $1 million/$2 million insurance ($1 million per incident and $2 million aggregate). He stated
that when he learned that they didn't have the additional insurance or they weren't an additional insured on the Town
Prosecutor's contract it caused him concern because he thinks that poses a liability as far as the Town is concerned.
He further advised that he thinks they should have higher liability coverage, which he thinks is fairly common in the
industry (the $1 million/$2 million) because it makes good sense and provides additional coverage as far as the Town
is concerned. He added that with respect to the amount, as far as the contract is concerned, what is being proposed is
a flat $110,000 per year. He referred to the statistics that they were given (2000-2013) and the projected number of
cases is included in there as well -- criminal cases that are filed that the Town Prosecutor would handle . He pointed
out that they have obviously seen a dip in criminal filings and hopefully a dip in crime in Town, which is a very good
thing and certainly a testament to the Sheriff's Deputies doing work in Town.
Vice Mayor Elkie advised that because of the reduction in cases, which doesn't appear to be an anomaly because there
are three years in which the filings have gone down, he would propose that the contract be offered at a reduced
amount of $80,000 per year and he is comfortable extending that contract to Mr. Iacovino but in the future he would
suggest that the Council put it out for an RFP so they can see what the market is at that time. He added that b eing a
little forward thinking, if the Council agrees with the reduction, when they are going out for bid again or looking at
the contract they won't be looking at this high a mount that is disproportionate to the number of cases that have been
filed.
Mayor Kavanagh advised that she is a little bit taken back by this because they have had in the past lengthy
discussions about the service that they do get from Mr. Iacovino and how the cost of having him and his full office at
their disposal is reasonable for $110,000 considering what the price is to contract out for services. She added that she
is surprised that there is some disagreement now on Vice Mayor Elkie's part as far as the salary. She noted that Mr.
Iacovino certainly cannot control the amount of crime that they have -- it is what it is and if crimes are going down
she thinks that is great but there also is a lot more involved in the Town Prosecutor's office and the services that he
renders to the Council (more than just a day in Court). She reiterated that they already had lengthy discussions on this
and with Mr. Iacovino and she thinks this is maybe like a 9th hour and something she would not agree to do at this
time. She further stated that if they want to look at this at another time perhaps but she thinks this has been vetted at
quite a few meetings including their Retreat where they discussed that this was a fair amount. She said she would not
like to change this at this time since they discussed this many times and seemed to have an agreeme nt that they would
keep the salary where it is.
Councilmember Brown commented that he doesn't know that they actually had an agreement to keep the salary where
it is and he agrees with a lot of what the Vice Mayor came up with. He added that he doesn't a gree with the $80,000
figure and if you do the calculations he is now being paid more than double what he was getting paid in the days of
the 1,000 cases a year. He noted that he was also an advocate of eventually putting this out on the street and he say s
this because he has had three local attorneys contact him to talk about this very subject. He added that if he hadn't
been contacted he would feel spot on that they should keep Mr. Iacovino and he thinks they should keep him but they
also need to look at the salary range that he is in because at this point in time he is getting paid about $200 a case
while in the past it has been $96 to $127 per case. He stated that he also likes the idea of making the contract run
concurrent with the Judge's contract -- he doesn't know that he would do it concurrent, he would do it every other year
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so that they weren't talking about both of the legal entities in Fountain Hills simultaneously but other than that he
concurs with the Vice Mayor.
Councilmember Dickey noted that they have talked about this but didn't come to any conclusion so she thinks that
was what they were leading up to when they had that one meeting where they said "let's bring something back" and
she thought it would be before this but it is now. She added that they talked about more duties and responsibilities but
she doesn't think this really added anything. She said that maybe between what has been said, she agrees with the
facts and figures but if they want to go back and say "well, that was a lon g time ago" and then by combining those
things that you said, yes it is double but from what the Vice Mayor said that would be fair because they are living in
2013 now. She advised that she is okay with the amount and she is okay with alternating between the Judge and the
Prosecutor.
Councilmember Yates noted that they did not bid this out as a cost per case or cost per hour; he views this as a cost
for service so whether it is 10, 20 or 1,000 they are getting the same service. He stated that what he wouldn't want to
do is set a precedence now and say they do get a spike in crime or something else happens, they are setting a
precedence that $80,000 was for 400 cases but I had 800 so you owe me $160,000. He added that he agrees with the
Mayor and he is all for trying to find a better deal out there but he hesitates on how they structure a contract like this
and now they are saying "price per case" -- imagine if we said to staff "price per permit" or "price for inspection." He
said whether staff is there to do ten permits or 100, they still pay them to be there the full 40 hours a week so he is
leaning more towards they are getting a full package here and let's keep it as is.
Councilmember Hansen commented that she agrees with Councilmember Yates and said what comes to mind is that it
would be like the Town has not been in as much litigation as it has been in the past so then why don't they look at Mr.
McGuire's contract and reduce that. She stated that she really doesn't see the connection there plus the fact that there
are other services that Prosecutors provide other than just the cases. She agreed that they don't pay on a "per number"
basis anywhere else so why would that do that here.
Mayor Kavanagh concurred and said a good point was made -- what if suddenly there was a spike in cases and they
are paying him so much considering what it was -- it could just as easily change and she agrees they should be going
on a contract, not on a piecemeal basis.
Councilmember Leger advised that throughout the discussions he has been a supporter of Mr. Iacovino and had done
some calculations in the past even when the case load was going down and thought that they were getting a good
return on the dollar. He added, however, that since that was his point of view the cases have decreased significantly
and he appreciates the analogy between staff and contract staff. He noted that contract staff is different than staff. He
said that something that stood out for him when they discussed the budget was a page in the budget that says that the
Public Defender's salary has been reduced by 52% because of a drop in case load and to him this is kind of the same
argument. He stated that he is not comfortable pulling the salary down to $80,000 but he could support something
higher than that, perhaps $90,000.
Mayor Kavanagh commented that just getting back to what Councilmember Hansen said, how do they deal with
somebody like the Judge who presides over cases -- do they now say that it depends on how many cases he is deciding
over and if crime goes down and he is not presiding over a lot of cases then they are going to adjust his salary? She
added that she just doesn't see that there is some model out there where cities and towns do anything like this -- it is
usually a straight contract for the services and there is a lot more involved than just the cases. She advised that she
would not like to set a precedent where they are next going to start looking at the Judge's contract. She said that she
just does not feel comfortable doing that at all.
Councilmember Leger stated that he thinks there is a difference between Mr. Iacovino, who is an independent
contractor and the Judge. He noted that despite the workload for the Judge he leads the Town's Court and is
responsible for managing that regardless of the volume of cases. He added that he appreciates the Mayor's analogy
but to him it is kind of like apples and oranges.
The Mayor said that the Judge is also managing the Court but he is also presiding over less cases and that was the
only point that she was making.
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Vice Mayor Elkie commented that respectfully for the Mayor to say that she is surprised that they are doing this at the
11th hour is a little absurd because they have discussed this and not come to any decisions. H e stated that they would
expect to hear from Mr. Iacovino that the fee of $110,000 is reasonable and as far as on a case-by-case for services, if
Mr. Iacovino had ten cases per year they certainly would be scrutinizing this or if he was being paid $1,000 a case.
He said it is important to point out that when Mr. Iacovino first came on he had an increase in cases and he spoke to
the Town Manager at the time and asked for more money, which he got because there was an increase in the number
of cases that he was handling. He noted that that happened for three or four different years where he asked for more
money because of that. He pointed out that they pay their Town Attorney on an hourly basis, on an as-needed basis so
he doesn't think that that compares. He added that they also pay their Public Defender on Court appointed cases on a
case-by-case basis but he doesn't think it is a case -by-case basis and what they should be looking at is the amount of
work that is necessary under the circumstances and he thinks that the case drop is significant and it is continuous and
under the circumstances he thinks it warrants a reduction.
Councilmember Elkie said with that he will make a motion and MOVED to take Councilmember Brown's suggestion
that they extend the contract offer for a fixed two-year period at a rate of $90,000 per year. All other terms of the
contract to remain as they are to begin July 1, 2013 and Councilmember Brown SECONDED the motion.
In response to Vice Mayor Elkie's comment, the Mayor explained that she was taken by surprise because since their
Retreat they have discussed this and while they did discuss the possibility of in the future putting this out to bid, they
also discussed as Councilmember Dickey reminded them that Mr. Iacovino was going to be adding certain services
that they had suggested they would like him to do -- more contact with the schools, which he has done. She further
stated that she was at a meeting with the Coalition and he has been working with them on anti -drug issues and they
said he has been outstanding in working with them and the students. She added that those are the things that they
asked him to do in order to justify his contract and he has in good faith done those and everything they asked him to
do. She said if in the future they want to look at putting this out to bid there are a lot of considerations that they have
to look at at that time (level of experience and the quality of the Prosecutor) but at this time she just doesn't feel that it
is fair to reduce his salary just because their crime has gone down. She stated that that is a good thing and they are
paying for not only cases, they are paying for his full service and he has already in good faith already done some of
the things that they asked him to do (they put together a whole list at the Retreat. She added that they asked him to do
more for the money that they are giving him and he did that and now they are saying, "well that's not enough."
Vice Mayor Elkie called for the vote.
The Mayor advised that she had not finished her comments and stated that she thinks that she would consider looking
at this at a future time but she doesn't think that she has all of the information necessary about how much services cost
and the implications of reducing a salary this much for a Prosecutor. She added that she doesn't know what other
cities and towns pay for their services and has not had enough time to review that because she didn't think that there
was a possibility that they would be considering it. She indicated that she would be opposed to this motion.
Councilmember Hansen said that based on the fact that Mr. Iacovino has already signed his contract, she would
MOVE to table this to give him the opportunity to take into consideration the new rate of pay and have the
opportunity to review the scope of work and possibly modify it to where he feels the scope would be with the new
proposed price.
Town Attorney Dave Pennartz advised that the motion to table takes precedence but they need a second to the motion.
He added that the call for a vote had not yet been called by the Chair.
There was no second to the motion and the motion DIED for lack of a second.
Councilmember Leger requested clarification on the motion and said that he heard the Mayor state her opposition to
going out with an RFP but he is not sure that he heard that in the motion. He added that all he heard in the motion,
and he asked her to correct him if he is wrong, was decrease the contract salary to $90,000 and extend the terms to
two years, not an automatic renewal like the Judge (it would probably have an evaluation period).
Mayor Kavanagh clarified that she said in the future she would be willing to further discuss going out to bid.
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Councilmember Leger commented that he believes the motion provides them the opportunity to do that.
Mayor Kavanagh said that she would not be in favor of changing this.
A roll call vote was taken with the following results:
Councilmember Hansen Nay
Councilmember Leger Aye
Councilmember Dickey Aye
Councilmember Yates Nay
Vice Mayor Elkie Aye
Councilmember Brown Aye
Mayor Kavanagh Nay
The motion CARRIED by majority vote (4-3) with Councilmembers Hansen and Yates and Mayor Kavanagh voting
Nay.
AGENDA ITEM #11 - PUBLIC HEARING REGARDING (i) RESOLUTION 2013-23, APPROVING THE
ESTIMATES OF EXPENSES, ASSESSMENTS AND THE TENTATIVE BUDGET AS THE FINAL
BUDGET, AND (ii) THE PROPOSED TAX LEVY FOR THE 2013-14 FISCAL YEAR BUDGET FOR THE
TOWN OF FOUNTAIN HILLS
Mayor Kavanagh declared the public hearing open at 8:51 p.m.
Town Manager Ken Buchanan advised that the budget is in the amount of $41,655,378 for Fiscal Year 2013-14. He
noted that it hasn't changed and there were some modifications but the bottom line is still the same.
There were no citizens wishing to speak on this agenda item.
The Mayor declared the public hearing closed at 8:52 p.m.
RECESS THE REGULAR SESSION TO CONVENE THE SPECIAL SESSION.
The Regular Session was recessed at 8:52 p.m.
SPECIAL SESSION
* CALL TO ORDER AND ROLL CALL
Mayor Kavanagh called the Special Session to order at 8:52 p.m. in the Town Hall Council Chambers.
Present for roll call were the following members of the City Council: Mayor Kavanagh, Councilmember Leger,
Councilmember Brown, Councilmember Dickey, Councilmember Yates, Vice Mayor Elkie, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Dave Pennartz and Town Clerk Bevelyn Bender were
also present.
SPL#1 - CONSIDERATION OF RESOLUTION 2013-23, ADOPTING THE TENTATIVE BUDGET AS THE
2013-14 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS.
Mr. Buchanan indicated his willingness to respond to any questions from the Council regarding this agenda item.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey said that she had something to say about the page with the changes contained in the packet.
She said just to clarify where it says "to increase the Extended Hands Food Bank" it is not really an increase from last
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year (the same with the Boys & Girls Club). She stated that they discussed this as a Council and made an increase to
the decrease from last year and maybe next year when they move forward they won't need to have this kind of a page
because she thinks what happens is they get done with the budget, they have discussions, they make motions and that
becomes the budget that they want to adopt. She added that this could be a confusing page and she would appreciate
it if they just voted on the budget that they all discussed and vote on next year.
The Mayor thanked Councilmember Dickey for clarifying that.
Councilmember Dickey MOVED to approve Resolution 2013-23, adopting the Tentative Budget as the 2013-2014
Fiscal Year Budget for the Town of Fountain Hills and Councilmember Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0).
SPL #2 - CONSIDERATION OF RESOLUTION 2013-38, (i) ADOPTING AND ESTABLISHING THE 2013-
14 BUDGET IMPLEMENTATION POLICY AND APPROVING THE TOWN ORGANIZATIONAL
CHARTS, (ii) THE 2013-14 PAY PLAN, (iii) THE SCHEDULE OF AUTHORIZED POSITIONS AND (iv)
THE EMPLOYEE JOB DESCRIPTIONS.
Mr. Buchanan addressed the Council and said that with any budget there are guidelines that should go with it as far as
how it is administered. He briefly highlighted the items that are included in the Resolution (Copy available on line
and in the office of the Town Clerk) and indicated his willingness to respond to any questions. He said that staff
recommends approval.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to approve Resolution 2013-38 as presented and Vice Mayor Elkie SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0).
SPL #3 - ADJOURNMENT OF THE SPECIAL SESSION
Councilmember Leger MOVED to adjourn the Special Session at 8:56 p.m. and Councilmember Yates SECONDED
the motion, which CARRIED UNANIMOUSLY (7-0).
RECONVENE THE REGULAR SESSION
The Regular Session reconvened at 8:56 p.m.
REGULAR AGENDA ITEMS
AGENDA ITEM #12 - 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.
Mr. Buchanan advised that the Legislature is sine die so other than what they heard at the beginning of the meeting
from Representative Ugenti there is nothing to report.
There were no citizens wishing to speak on this agenda item.
AGENDA ITEM #13 - 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.
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AGENDA ITEM #14 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #15 - ADJOURNMENT
Councilmember Hansen MOVED to adjourn the Regular Meeting and Councilmember Yates SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:57 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 and Special
Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 20th day of June,
2013. I further certify that the meeting was duly called and that a quorum was present.
DATED this 1st day of August, 2013.
_____________________________
Bevelyn J. Bender, Town Clerk