HomeMy WebLinkAbout2013.0815.TCREM.Minutesz:\council packets\2013\r130905\130815m.docx Page 1 of 14
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
AUGUST 15, 2013
EXECUTIVE SESSION
CALL TO ORDER
Mayor Kavanagh called the Executive Session to order in the Fountain Conference Room - 2nd Floor at 5:37 p.m.
AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO
A.R.S. §38-431.03(A)(4), DISCUSSION OR CONSIDERATION WITH THE ATTORNEYS OF THE
PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS
REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE
SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN
SETTLEMENT DISCUSSION CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION.
(SPECIFICALLY, THE RURAL METRO CONTRACT.)
ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor
Kavanagh, Councilmember Yates, Councilmember Leger, Councilmember Hansen, Vice Mayor Elkie and
Councilmember Dickey. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk
Bevelyn J. Bender were also present.
Councilmember Brown was excused from the meeting.
Councilmember Yates MOVED to enter into the Executive Session at 5:37 p.m. and Councilmember Hansen
SECONDED the motion, which CARRIED UNANIMOUSLY BY THOSE PRESENT (6-0).
AGENDA ITEM #2 – ADJOURNMENT.
Without objection, the Executive Session adjourned at 6:15 p.m.
REGULAR AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:31 p.m. in the Town Hall Council Chambers.
* INVOCATION – Michele Hasley of North Chapel Church
* ROLL CALL
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Kavanagh, Vice
Mayor Elkie, Councilmember Yates, Councilmember Dickey, Councilmember Leger, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also
present.
Councilmember Brown was excused from the meeting.
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* MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh stated that she was fortunate to accompany her husband, Representative John Kavanagh, to a
conference and although she was not able to provide comment herself, she was able to speak w ith other
representatives who were present at the conference, including Senate and House Representatives, corporate
executives and various agency officials. She advised that she told the Representatives that she was going to
continue her push to have the TPT (Transaction Privilege Tax) revert back to the way it was, which was best for
Fountain Hills. She emphasized the importance to keep reminding everyone of the consequences that their
decisions have on the Town.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
I) INTRODUCTION OF THE TOWN OF FOUNTAIN HILLS' ASSISTANT FIRE CHIEF, DAVE OTT.
Mayor Kavanagh requested that Assistant Fire Chief Dave Ott approach the podium.
Town Manager Ken Buchanan addressed the Council relative to this item and introduced Assistant Fire Chief
Dave Ott. He noted that Assistant Chief Ott is a long-time resident of the Town and provided brief background
information on his career. He said that this evening he had to come in and fill in for the Chief who is on vacation,
so he is serving as Interim Fire Chief at the current time.
Mayor Kavanagh congratulated Assistant Fire Chief Ott on his appointment.
Assistant Fire Chief Ott said that it is great to be working for the Town of Fountain Hills.
II) RECOGNITION OF TOWN RESIDENT MARI DEGROOTE, R.N. BY THE FOUNTAIN HILLS
FIRE DEPARTMENT FOR ACTION TAKEN RELATING TO A CAR ACCIDENT THAT
OCCURRED ON JUNE 23, 2013 WITH INJURED OCCUPANTS.
Assistant Fire Chief Ott presented Ms. DeGroote with a Certificate of Citizen Recognition for her efforts to help
those injured in a car accident and said her actions may have made the difference between life and death for those
involved in the accident.
Ms. DeGroote stated that she has lived in Fountain Hills for 23 years and is very grateful to live in a Town such as
this where the leadership is committed to excellence. She noted that in a community other than this, her actions
might not have even been recognized and it is an honor to receive this recognition for something that she doe s
every day. She provided her professional background information and stated that she has worked with the
members Fountain Hills' Fire Department and they deserve the awards for the service they perform every day.
The Mayor commented that had Ms. DeGroote not stepped in the outcome might not have been the same and Ms.
DeGroote said that she is glad they are both doing well.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES FROM AUGUST 1, 2013.
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AGENDA ITEM #2 – CONSIDERATION OF APPROVING AN EXPENDITURE WITH TYLER
TECHNOLOGIES, INC., IN THE AMOUNT OF $55,288.87 FOR THE TWELVE-MONTH PERIOD
SEPTEMBER 25, 2013 THROUGH SEPTEMBER 24, 2014 FOR ANNUAL MAINTENANCE AND
SUPPORT OF THE TOWN'S MUNICIPAL ENTERPRISE FINANCIAL SOFTWARE.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY SAMUEL COFFEE, REPRESENTING THE SONS OF AMVETS
SQUADRON #7, FOR THE PURPOSE OF A FUNDRAISER IN CONJUNCTION WITH
OKTOBERFEST. THE EVENT IS SCHEDULED FOR FRIDAY AND SATURDAY, SEPTEMBER 27-
28, 2013, FROM 5:00-10:00 P.M. AT FOUNTAIN PARK.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Hansen
SECONDED the motion.
Town Clerk Bev Bender advised that there were no citizens wishing to speak on this agenda item.
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 Absent
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY by those present (6-0).
REGULAR AGENDA
AGENDA ITEM #4 - UPDATE BY COUNCILMEMBER DICKEY AND PUBLIC SAFETY ADVISORY
COMMISSIONER CAROL COMITO RELATING TO THE ACTIVITIES OF THE MARICOPA
ASSOCIATION OF GOVERNMENTS (MAG) REGIONAL DOMESTIC VIOLENCE COUNCIL
REGARDING DOMESTIC VIOLENCE AND HUMAN TRAFFICING; AND CONSIDERATION OF
RESOLUTION 2013-44, REGARDING SUPPORT OF THE END VIOLENCE AGAINST WOMEN
INTERNATIONAL (EVAWI) START BY BELIEVING (SBB) CAMPAIGN, WHICH IS FOCUSING ON
RAISING AWARENESS OF THE PUBLIC'S RESPONSE TO SEXUAL ASSAULT.
Councilmember Dickey stated that since being appointed to the Maricopa Association of Government's (MAG)
Regional Domestic Violence Council she has attended three regular meetings and had asked Public Safety
Advisory Commissioner Carol Comito to accompany her to the last one as well as to a Domestic Violence
Protocol Evaluation Project training in June. She noted that this project was designed to assess current protocols
used by law enforcement, prosecutors and victim advocates in arresting and prosecuting offenders. She added
that implementation of this model will increase efficiencies and thereby improve lives of survivors and strengthen
partnerships across the region, offer tools and training, and raise awareness. She announced that the Maricopa
County Sheriff's Office (MCSO) has now joined and been engaged by MAG and she indicated that part of Carol’s
and her efforts will be to share information and partner with all first responders including C.A.R.E. Fountain
Hills, Public Safety Advisory Commission (PSAC), Public Safety , the Courts, the community at large and Fort
McDowell. She said that other local organizations could be engaged and gave the example of the Fountain Hills
Theater, which had an ariZoni award nominated show called the “Silence between the Whispers” that was a youth
play done this year addressing date rape and violence. She suggested that they could possibly remount it at a
future date.
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Councilmember Dickey advised that PSAC gave a presentation at the spring meeting and the Mayor was in
attendance to hear that by the Starlight Foundation about human trafficking. She stated that this is an issue that
very much needs to be out in the open; it is not unrelated to domestic violence. Those vulnerable to trafficking
can be out there due to family abuse or the trafficker could become the significant other. She discussed the recent
major crackdown on child prostitution and trafficking (Operation Cross Country), stating that the Federal Bureau
of Investigation (FBI) reported that 150 arrests had been made and 105 children from ages 13 to 17 were rescued.
The agent indicated that the prime targets for trafficking included those escaping from domestic violence and
sexual assault at home. She added that Commissioner Comito would provide a brief presentation on human
trafficking that the PSAC Commission heard in June.
Commissioner Comito addressed the Council and read a portion of their Mission Statement. She said that a lot of
times people think that human trafficking is happening in other countries , across the border and in actuality it is
also happening here in the United States and in our backyard. She commented on the stories of a 14-year old girl
who was abducted in Scottsdale and fortunately they were able to get her back and another story of a young girl in
Gilbert who she believed is a fireman's daughter and they were able to get her back too. She emphasized that that
is the good news but unfortunately that is not the case all the time. She said that great effort is being expended to
get these girls off the streets and pointed out that it is not always the runaways, in a lot of cases it is just girls
being abducted from malls and different places where young people gather. She reported that the Governor's
office formed a task force that is looking at human trafficking because of the possibility of having a Super Bowl
in AZ in 2016 and human trafficking happens probably the most at Super Bowls. She shared that one of the
statistics she heard that set her back was that if they took the NFL, the NBA and MLB, all three major sports, and
the money they make in one year, trafficking makes more -- and they make $32 million a year. She stated that it
does tie into domestic violence.
Councilmember Dickey advised that the next step for the Town and as was recommended by PSAC would be to
adopt the proposed resolution that has been provided to the Council that was modeled after one that was endorsed
by the MAG Council and other municipalities in support of this Start by Believing Campaign through the End
Violence Against Women International. She pointed out that the PowerPoint had been included in the packet and
hoped that they had an opportunity to take a look at it. She read a quote by the Prescott Police Chief Gerald
Monahan, “The issues surrounding the victim of sexual violence are very similar to those faced by victim of
domestic violence.” She noted that the Police Chief requested in April that the MAG Regional Domestic
Violence Council consider a motion to support the communities (like us) who chose to adopt Start by Believing
Campaign. She noted that at their June meet ing they had voted to accept the resolution. She noted that a video
has been placed on the Town's website and Channel 11 that talks about and stresses the importance of advocates;
she encouraged everyone to view it. She added that the packet also contain background information on these
issues adding that they realize the people respond to doubt and blame to other victims of violence such as intimate
partner violence, child abuse, stalking etc. She stated the message in the Start by Believing Campaign can
therefore apply to other forms of violent victimization. The issues are somewhat unique; however, they believe
that the Start by Believing Campaign can be helpful for others designing similar public awareness efforts to
address other types of violence. She listed the topics that were covered during the meeting noting that she and
Commissioner Comito split attendance. She stated that representatives of the Arizona Coalition Against
Domestic Violence have offered to speak or come to Fountain Hills and provide trainings. She relayed her
experience at a recent Diamond Backs game she and her husband attended on June 22 where the Coalition was
actually featured and they were introduced and she said it was very effective in raising awareness.
Councilmember Dickey discussed a recent television show (Secret Millionaire) on ABC.com that featured
funding of an Arizona non-profit shelter with abuse being discussed; the point of the show is that an unknown
millionaire provides financial aid and in this case is was for a non-profit Arizona shelter (Cup O’Karma) that
provides assistance to domestic violence victims.
Commissioner Comito shared that she had interned at Cup O’Karma while completing her master’s degree in
social work and so she knew the women stories and employees who worked with them there as well as the
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founder of the organization National Association Training Network (NATN). She indicated that they have homes
for women and what makes them unique is that the women who stay at the homes have either been in jail or have
been involved in substance abuse. She noted that a lot of shelters won’t take women but this location does. She
stated that the coffee shop, which is across from the Mesa Community College, was given to them so that they
could run the shop, bring in money and the women that work there are the women who stay in the homes. These
women are gaining customer service skills, how to become a barista, and other things like that. She indicated at
the end of the show the volunteer, secret millionaire (Jay Deutsch), gave them $100k which will enable them to
purchase another house; their homes house about 6 women per house. She stated that it’s sad this is happening
but the good news is that there are people out there who are willing to help.
Commissioner Comito read the following quote that had impacted her, "Just for a moment, if everyone in the
world who has been sexually assaulted would glow, you would not believe the brightness." She indicated her
willingness to do anything that the Council wants to do that she can do as either representing PSAC or as an
individual who lives here in Fountain Hills.
Mayor Kavanagh said that she has thanked Councilmember Dickey for serving on the MAG Council and
expressed her appreciation for the great job that she is doing. She also thanked Commissioner Comito for being a
champion for this cause, bringing it to PSAC, and raising awareness. She stated it reminded her of New York and
she relayed her memories of her husband’s experience while a New York policeman in dealing with the bus
terminal where run-a-way kids would be picked up.
Councilmember Yates stated that he would like to have information made available to people who wish to donate
money or time to this important cause. Commissioner Comito advised that the Star Bright Foundation is always
looking for donations and noted that they have a safe house in Gilbert; the Start By Believing website has a lot of
information on it as well.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey MOVED to approve Resolution 2013-44, expressing support for the "Start By Believing"
campaign through the End Violence Against Women International Organization and Councilmember Hansen
SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0)
AGENDA ITEM #5 - CONSIDERATION OF APPROVING THE INVITATION FOR BIDS DS2014-103
WITH VERTICAL BUILD, LLC IN THE AMOUNT OF $390,953.00 FOR THE FIRE STATION NO. 1
RENOVATION PROJECT.
Development Services Director Paul Mood addressed the Council relative to this agenda item and noted that in
December of 2012, the Council approved a contract with Arrington Watkins for the design of the Fire Station No.
1 Renovation project. He said that they went through the design process and in early June the Invitation for Bids
(IFB) was issued and posted on the Town's website. 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 a mandatory prospective bidder's conference was held on June 18, 2013 and bids were received
on July 10, 2013.
Mr. Mood informed the Council that nine different contractors submitted sealed bids and the bids included a "base
bid" and bid alternates "A" and "B." He noted that bid alternate "A" was for driveway, sidewalk and landscaping
improvements along Palisades Boulevard and bid alternate "B" was to patch and repaint the existing fire station.
Mr. Mood advised that it was determined that Vertical Build, LLC was the lowest responsive and responsible
bidder meeting the requirements of the IFB for the base bid and any combination of bid alternates and provided a
brief overview of what the project will include . He added, however, that in order to meet the project's budget in
the Capital Improvement Plan, it is staff's recommendation that the construction contract only include the base bid
of $380,953 and a reduced owner's allowance of $10,000 (down from $25,000) for a total project cost of
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$390,953. He said that the proposed contract is in excess of the $370,000 construction budget but within the
overall project budget of $420,000 for FY13-14. He stated that the bids received for the base project ranged from
$380,000 to $527,000.
Mr. Mood advised that if this is approved, staff is anticipating that a Notice to Proceed will be issued to the
contractor with an effective date of September 9, 2013. He pointed out that the IFB provides for a 125-day
construction schedule, which results in a substantial completion date of December 13, 2013, and a final
completion date of January 13, 2014. He indicated his willingness to respond to questions from the Council.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to approve Invitation for Bid DS2014-103 with Vertical Build, LLC in the
amount of $390,953.00 for the Fire Station No. 1 Renovation project and Vice Mayor Elkie SECONDED the
motion, which CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #6 - CONSIDERATION OF APPROVING A BUDGET TRANSFER FROM THE
ADMINISTRATION DEPARTMENT CONTINGENCY LINE ITEM TO THE COMMUNITY
SERVICES DEPARTMENT FOUNTAIN PARK MAINTENANCE LINE ITEM IN THE AMOUNT OF
$20,653.29 FOR THE EMERGENCY REPAIR OF A PUMP AND VALVE FOR THE FOUNTAIN.
Director of Community Services Mark Mayer addressed the Council relative to this agenda item and said that a
number of weeks ago, staff noticed that one of the valves on one of the fountain's three pumps was not working
properly and contacted the vendor, Precision Electric, to schedule a visit to troubleshoot the problem. He noted
that before the visit occurred, the park staff became aware that pump #2, which was also the pump that needed the
valve troubleshoot, was also not operating correctly. He noted that park staff shut the pump down and
communicated to Precision that there was an additional larger issue with the pump itself. He stated that upon
visiting the site, Precision determined that the pump and motor needed to be pulled, taken to their shop and
disassembled to determine the problem and after doing so it was determined that the shaft had cracked and needed
to be replaced with additional work to the bearings. He advised that a quote from Precision to have this work
completed is $16,691.87 and a second quote to fix the original problem with the valve is an additional cost of
$3,961.42 for a total of $20,653.29. He reported that the warranty period has passed on all three motors and
pumps.
Mr. Mayer explained that there are no funds in the budget for Fountain Park for this expense and staff is
requesting a budget transfer in the amount of $20,653.29.
Vice Mayor Elkie asked what kind of warranty the Town will have once the repairs are done and Mr. Mayer
responded that it will be a one-year warranty.
Councilmember Leger asked when this particular pump was last pulled and Mr. Mayer advised that all three
pumps were overhauled in March 2010, October 2011 and January 2012.
Councilmember Leger stated the opinion that they should be getting a little more life out of the pumps and
commented on the malfunctioning valve that contributed to the current problem. He stated that he is starting to
become a little concerned about the vendor because the Town keeps spending a lot of money on this and the
equipment continues to break down.
Mr. Mayer said that one of the reasons why they chose Precision was that after researching the issue they learned
that the company has a very good reputation. He pointed out that it was the issue with the clay valve that caused
the problem and not the pump/motor. He stated that the clay valve is a diaphragm and they have added a screen
to it in the past to help cut down on materials clogging it but the vendor is saying that if they put a me chanical
spring loaded valve in that will extend the life and problems associated with the valve. He added that the vendor
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is recommending that next year funds be set aside to switch out the valves and install spring loaded ones on all
three at the same time.
Councilmember Leger reiterated his concerns about the work that is being done and said the Town has pushed a
lot of money in their direction and wanted to know if there was any way that they can extend the warranty.
Mr. Mayer responded that he did not ask the vendor if an extended warranty exists and if so what the associated
costs would be.
Councilmember Leger commented that he is talking about the warranty being extended without additional cost to
the Town and requested that staff pursue this with the vendor.
There were no citizens wishing to speak on this agenda item.
Vice Mayor Elkie MOVED to approve a budget transfer from the Administration Department contingency line
item to the Community Services Department Fountain Park maintenance line item in the amount of $20,653.29
for the emergency repair of a pump and valve for the fountain and Councilmember Yates SECONDED the
motion, which CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #7 - DISCUSSION WITH POSSIBLE ADOPTION OF RESOLUTION 2013-16, THE
TOWN OF FOUNTAIN HILLS' MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY.
Town Manager Ken Buchanan addressed the Council relative to this issue and stated that several months ago staff
was asked to look into the development of a municipal sponsorship and naming rights policy for specific projects.
He advised that staff determined that they only had a partial policy in place and there was a need to make it more
comprehensive.
Director of Community Services Mark Mayer stated that staff was able to pull some information together that was
provided to the Town Attorney whose office put together a draft of the proposed policy. He noted that it was
designed to cover all Town activities across all departments associated with the solicitation for sponsorships or
marketing arrangements. He added that the policy also includes a number of restrictions on both the solicitation
and marketing arrangements and allows the Town Manager to sign off on any agreement of less than $30,000. He
said that it also provides for the Council to consider approval for amounts exceeding the $30,000 and includes
criteria for the naming of facilities or streets. Mr. Mayer indicated his willingness to respond to questions from
the Council.
Councilmember Dickey advised that she always gets wary of naming and signs and asked in general if there is
anything in the policy that makes the Town have to accept something or if there is an "out." She added that she
thought about making it a super majority or something like that but by the time it gets to the Council it is already
beyond what she is talking about. She stated that there could always be something that comes up that they hadn't
anticipated and she would not like to be tied into it because that is what the policy states.
Town Attorney Andrew McGuire replied that the "out" is the restrictions and they allow the Town to say no to
certain things. He stated that this hasn't really changed anything; the Town’s position remains in place but the
policy sets forth some guidelines to at least allow the Town Manager to make a determination on whether or not
specific things are going to be acceptable to the Council. He said things like alcohol ads, etc. have always been in
place but never in a formalized policy such as the one currently before the Council.
Councilmember Dickey referred to the proposed naming policy and noted that they have talked about possibly
naming the new fire station after Chief LaGreca and one of the firefighters mentioned to her that there is a little
road near Fire Station No. 1 that could be called LaGreca Way. She added that much like the Council did about
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Cutillo Plaza, maybe there could be discussion and something for the record so that in 2015 perhaps the Council
will consider that.
Vice Mayor Elkie commented that the Town has set aside a budget for marketing specific events or activities in
the amount of $50,000 and Mr. Buchanan clarified that the budget has been significantly reduced and that amount
is now $20,000. Vice Mayor Elkie discussed having a for-profit vendor who wants to come into Town and do an
event and referred to Page 8, Item 7c of the policy which states that "The Town has a limited in -kind budget each
year to actively co-sponsor events" for non-governmental entities and said that he would like some clarification.
He discussed the very successful 4th of July event and stated that when it comes to events the Town gives
precedence to the non-profit type organizations and asked for clarification on in-kind contributions for co-
sponsored events -- what is that limitation that they are referring to.
Mr. McGuire expressed the opinion that the limitation refers to the budget more than anything else. He added that
the event referred to by the Vice Mayor is a good example of why this policy was needed and all of the important
points are included in the policy to provide Parks & Recreation with direction on how to address that specific type
of event.
Vice Mayor Elkie advised that whether the events are non -profit or for-profit he would like to see them be more
open to facilitating and having these events in Town (in-kind contributions like use of the parks, etc.).
Mayor Kavanagh said that she has no problem with the donation of a park for an event when a non- profit is
running it but she doesn't feel that it is a good idea to open the door to profit companies that come in because the
non-profits are donating all of their money most of the time back to the community so they get something back in
return. She further stated that she is 100% behind a policy that will give in-kind donations to non-profits but she
is really not in favor of doing that for for-profit businesses because then they will have all kinds of people using
their parks for nothing if 10% or 20% of the profits go to some charity. She added that she thinks they are
granting a concession by giving it to the non-profits for nothing but other than that she thinks they should make
some money on the parks as a rental (weddings for example). She noted that everyone who wants to hold an
event in a Town park can say that in some way it will benefit the community but they have to draw the line
somewhere and that is where she would like to see it drawn.
Councilmember Dickey said that her first question ha s to do with whether it is a "first come, first serve" type of
thing because if they are letting someone use the park and the Town is not technically spending money that is a
little different (not providing any support but not gaining any fees). She added that if there is going to be a
limited budget is it going to be related to when somebody asks to use it.
Mr. Mayer responded that that is a little bit of an unknown and typically the questions that are asked have to do
with fees for events or services that can be provided such as traffic control, etc. He stated that each one is very
specific as far as requests so it is really on a case-by-case basis.
Councilmember Dickey said if someone is a business or not a non-profit but the event is for the Town and it is
free then perhaps it doesn't matter which one it is.
Mr. Mayer explained that the intent is to cover both of those situations and there is a whole list of criteria included
in the policy covering both of those situations.
Mayor Kavanagh noted that it is a Town park and every time there is an event they are cutting off part of the park
for the general public's use and she has heard from people who just do not want to take part in some events and
they want to walk the sidewalks that are blocked so she thinks that has to be taken into consideration as well -- it
is a public park and it should be open to the public as much as possible. She added that she believes people
accept the use more when it is by a non-profit because then they know at least the money is going to a charity or
to help the community.
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Vice Mayor Elkie said that the way he is reading the proposed policy, the intent is that the Town will not co -
sponsor an event unless the event is free and open to the public. He said he believes there should be some
discretion there and the Council should look at any potential applications that are submitted. He stated that they
are constantly talking about wanting to hold events and have more to do in Town and he would not want to
dissuade any organization from coming to the Town and holding a particular event.
Mayor Kavanagh asked how much the Town charges for someone to use the general section of the park and Mr.
Mayer advised that the price typically is in the $600 to $700 range.
Mayor Kavanagh commented that that is not an unrealistic amount of money for a for -profit to pay for such use
and pointed out that the money goes towards the cost of any work the Town might have to do following the event.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey MOVED to adopt Resolution 2013-16, the Town of Fountain Hills Municipal
Sponsorship and Naming Rights Policy and Councilmember Hansen SECONDED the motion, which CARRIED
UNANIMOUSLY by those present (6-0).
AGENDA ITEM #8 - CONSIDERATION OF APPROVING A MUNICIPAL SPONSORSHIP AND
LICENSE AGREEMENT WITH FOUNTAIN HILLS' LITTLE LEAGUE FOR NEW SCOREBOARDS
IN GOLDEN EAGLE PARK.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and informed the
Council that prior to the start of the Little League season this spring the Town was approached by the Board of the
Fountain Hills' Little League with a request to replace the outdated scoreboards on baseball fields #2, #3 and #4 at
Golden Eagle Park. He said that the cost of replacement and their continued maintenance would be the
responsibility of the Little League. Mr. Mayer further stated that the Little League has also requested that they be
allowed to place advertising on the scoreboards and backstops to help off-set the cost of replacing and
maintaining the signs. He noted that because the Town did not have a policy in place to cover this type of
request, the Town Attorney has drafted a Municipal Sponsorship and License Agreement, which has been
provided to the Council for their review. He said that Rich Barker is present in the audience, the Vice President
of the Little League Association.
Mr. Mayer also advised that there is a carve out in the agreement that says over the ten-year period, after the first
three years, 15% of the proceeds from their advertising needs to be put into a fund so that at some point when the
scoreboards need to be maintained or replaced there will be some funds available for those purposes. He referred
to a map displayed in the Council Chambers that showed the actual location of the fields in question and also
showed a conceptual drawing of the proposed new scoreboards (a copy of which is available on line and in the
office of the Town Clerk).
Councilmember Leger asked for an example of who would not be able to advertise on the scoreboards and
backstops and Mr. Mayer said that the policy references the National Little League standards, which are
considerable and includes such things as a prohibition on alcohol and tobacco advertising. He noted that the
policy is fairly restrictive as far as what is and is not allowed and the Town will be required to follow the n ational
policy.
Councilmember Leger stated that if the Council was not in tune with their decision making he would like to know
if there is a way of dealing with that.
Town Attorney Andrew McGuire responded that as with any contract, if the Town feels that a breach has
occurred, steps would be taken to bring them back into compliance and added that there are actually three
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applicable policies -- the policies that are being adopted, the naming rights policy and the advertising policy. He
stated that staff is hopeful that there are no gaps in the policy.
Councilmember Leger commented that he will trust the Little League to make those appropriate decisions.
There were no citizens wishing to speak on this agenda item.
Councilmember Yates MOVED to approve the Municipal Sponsorship and License Agreement as presented for
new scoreboards in Golden Eagle Park and Councilmember Hansen SECONDED the motion, which CARRIED
UNANIMOUSLY by those present (6-0).
AGENDA ITEM #9 - CONSIDERATION OF APPROVING A REQUEST FROM REPRESENTATIVES
OF THE FOUNTAIN HILLS' HIGH SCHOOL TO HAVE STUDENTS DESIGN AND PAINT A MURAL
ON THE WALL OF THE PUMPHOUSE AT FOUNTAIN PARK.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and stated that staff
has been approached by both the Public Art Committee and representatives of the Fountain Hills' High School
regarding a project to paint the vacant wall of the pump-house at Fountain Park. He said that High School staff is
proposing that the students themselves plan, design, fundraise and paint the project to completion. He referred to
a letter from the High School staff that was included in the Council's packets which details their request as well as
a letter from the Chair of the Public Art Committee in support of this project. He noted that work would begin
this fall and is expected to be completed in early December. He said that Karla Primosch, who is in charge of art
at the High School, came up with the idea and two of her art students fr om the High School will provide the
Council with information relative to the proposed project, Gabi Biehl and Jaclyn Torkelson.
Ms. Biehl and Ms. Torkelson addressed the Council and discussed the designs that have been developed for the
project using a botanical garden effect and some logos/names for the project. She said that they also have several
other ideas but the graphic students have designed what is being shown this evening. She noted that they will also
be working with their business class to help organize fundraisers to pay for paint and two professional artists to
help the Art Club paint the wall. She added that the Business class will also help by developing a timeline and a
project plan. She further stated that Broadcasting will record the entire process and added that they have not yet
developed a budget and discussed some ideas they have come up with as far as fundraising efforts. She advised
that they are going to have several professionals come in and speak to the class so that they c an learn a little bit
more about everything that needs to be done to make the project a success. She indicated her willingness to
respond to any questions from the Council.
Mayor Kavanagh commented that one of the professionals is sitting to her left, Councilmember Yates, who is
going to be helping the students with their business model.
Councilmember Yates said he was lucky enough to have been invited to come and speak to the students next
week and said he would be happy to help them put together a business plan, come up with some marketing ideas,
financing and have some fun.
Mayor Kavanagh stated that the Council is thrilled that the students are going to be taking this project on and said
she is really excited about it and what they have shown this evening looks great. She added that she knows that
Heather Ware has also played a part in this and thanked staff for their efforts as well. She noted that Heather
Ware's son actually came up with the original concept drawing for the project.
Councilmember Leger thanked the students for their presentation and said that the artwork is awesome. He added
that as a parent he gets so excited when he sees young people stand before the podium as poised as they were and
make a presentation. He stated that the both of them did a great job and he thanked them for their efforts.
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There were no citizens wishing to speak on this agenda item.
Councilmember Hansen MOVED to approve the request of the High School to have students complete a mural
on the water-pump house at Fountain Park and Councilmember Dickey SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #10 - CONSIDERATION OF ADOPTING THE FOUNTAIN HILLS' COMMUNITY
CENTER KITCHEN POLICIES REGARDING KITCHEN USAGE.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that the Community
Services Director Mark Mayer has a request for consideration of the adoption of kitchen policies for the Fountain
Hills Community Center. He noted that there are current policies in place but important changes/additions need
to be made.
Mr. Mayer stated that a couple of weeks ago there was an event at the Community Center and staff encountered
an issue with the person who was catering the event and it subsequently came to staff's attention that despite the
policy that is currently in place which states that people who are serving food in the facility need to have a
Maricopa County Caterer's license, this company did not. He advised that staff looked into this matter fur ther and
went to the Maricopa County Environmental Health Department and asked them to come in and pay them a visit.
He added that at that time they also had them take a look at the kitchen in order to obtain a clear picture of what
they were able to do and couldn't do in the kitchen. He noted that from day one he was told that they couldn't do
certain things in there because they lacked a walk-in freezer and a commercial dishwasher. He said that he
learned at that meeting that those were not requirements.
Mr. Mayer informed the Council that one of the things that they were told, which concerns staff, is that more
control is needed in the kitchen when providing meal service. He stated that the Town is responsible as the
owners of that building for whatever happens there including the distribution of food. He added that without an
official caterer's license people can prepare food wherever they want to and in whatever manner they want to and
one of the things a licensed caterer is required to do by the State in order to get their permit is to have to have a
kitchen where they are doing their food prep and that needs to be inspected and licensed by the State. He
explained that under the policies being proposed, with a permit from the County the burden of liability for the
food being provided shifts to the licensed caterer because of the new designation as a "service kitchen."
Mr. Mayer outlined what can and cannot be done on the premises as far as a "service kitchen". He said that there
have been a number of changes to the rules since the facility opened and one is that cakes and pastries are now
allowed to be brought in by non-caterers as long as they do not have refrigerated fillings or toppings. He
explained that food can be plated/heated/cooled and brought in but cannot be prepared in the "service kitchen."
Mr. Mayer advised that staff took the proposed policies to the Community Center Advisory Commission and they
unanimously approved them. He said that the Town has always had that requirement but now they want to re-
emphasize that requirement and become a "service kitchen", which will require the Town to pay for a one-time
plan review fee in the amount of $545.00 and there will be a yearly renewable permit fee in the amount of
$315.00.
Mr. Mayer indicated his willingness to respond to questions from the Council.
Mayor Kavanagh stated this is a good policy and places a lot of the responsibility on the State to make sure that
whoever is preparing the food is licensed and has the proper credentials.
Mr. Mayer said that it diminishes in his mind the opportunity for food to become contaminated, thereby reducing
the Town's liability.
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Mayor Kavanagh asked if staff has to supervise anyone in there to make sure that they are following the rules an d
Mr. Mayer replied that one of the benefits of having food handler's cards is that those people are trained on the
appropriate ways to handle food. He noted that the rules are pretty specific and a lot of the caterers they use on a
consistent basis. He said that on occasion an out-of-town caterer will be used and when that occurs staff will keep
close watch to make sure that the rules are being followed.
In response to a question from Councilmember Leger regarding Town liability/exposure, Town Attorney Andrew
McGuire advised that since the Town owns the building there will always be exposure and it will be a case of
trying to pass that liability onto the caterer should the need arise.
Councilmember Hansen questioned whether a licensed restaurant in Town would also have to have a caterer's
license if the business provided food at the Community Center.
Mr. Mayer responded that according to Maricopa County they would have to have a caterer's license as well
because just owning a restaurant does not mean that the owners have knowledge of safely transporting food -- if
food is being transported, depending on the distance, it must be properly cooled or heated.
Councilmember Hansen stated that they would be making it more difficult now to use the facility (mor e layers of
regulations). She said that she read all 13 pages from the County and all the different classifications and
commented that it is going to be more cumbersome to use the facility.
Mr. Mayer confirmed for the Mayor that they are not talking about small groups that want to bring in a little food
for themselves. He said in staff's interpretation of the policy clarifications have been included regarding different
situations -- i.e. individual servings are fine, but bringing in 30 or 40 tacos at a time is not. He agreed that it may
not be as convenient as it used to be in the past but it will certainly make the food that is served there a lot safer to
eat.
Vice Mayor Elkie asked if caterers are required to show proof of insurance and Mr. Mayer said yes, they will have
to provide proof of both a Caterer's license and proof of insurance. The Vice Mayor asked if there are currently
any restaurants that serve food at the Community Center that do not have caterers' licenses . Mr. Mayer replied
that nothing has been communicated to staff regarding this but added that in the audience this evening is the
Community Center's Event Coordinator, Rino Ghetti, and stated that he has been very proactive in getting that
information out to them. He added that one of the reasons staff is bringing this before the Council this evening is
so that they can give enough lead time to people and there won't be any surprises. He noted that one of the
vendors that they have typically used in the past has changed hands and the new owner is in the process of getting
a caterer's license and another one that they use quite frequently already has a caterer's license. He said that he
believes it also levels the playing field a little bit.
Town Clerk Bevelyn Bender advised that one citizen wished to speak to the Council regarding this agenda item.
Bruce Hansen addressed the Council and said that he has concerns about this and advised that the Kiwanis Club
has done Breakfast with Santa for the last seven years and they bring food, milk, juice and a variety of things to
the Community Center. He added that they also bring food from McDonald's and said that they do not have a
caterer's license and he doesn't have one so he guesses that they will have to give this event up in order to c omply
with the proposed rules. He expressed the opinion that it would be better if the Town pursued having a Maricopa
County approved kitchen at the Center and then anybody could cook in the kitchen. He stated that he believes the
policies need to have more work done on them because they are making it very difficult for the Town's service
clubs and other non-profits. He said that he does two dinners a year for the organization that supports the Dog
Park and he cannot do that at the Community Center, they won't let him, and even if they would let him he could
not afford it. He reiterated that the policies need to be looked at further in an effort to make it a little easier rather
more than more difficult process.
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Mayor Kavanagh thanked Mr. Hansen for his comments.
In response to a question from Vice Mayor Elkie, Mr. Mayer confirmed that there would not be an issue with
continuing to hold Breakfast with Santa because the items would be individually packaged.
Councilmember Dickey MOVED to approve the amended kitchen policies for the Fountain Hills' Community
Center as proposed and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY
by those present (6-0).
AGENDA ITEM #11 - SEMI-ANNUAL REPORT ON THE PROGRESS OF IMPLEMENTING THE
COUNCIL'S STRATEGIC PLAN GOALS AND OPERATIONAL PRIORITIES FOR FY2012-13.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that staff would be
happy to respond to any questions from the Council regarding the progress that has been made. He stated that
they have made some progress as reflected in the Semi -Annual Report provided to the Council (a complete copy
is available on line and in the office of the Town Clerk).
Councilmember Leger thanked Mr. Buchanan for the report and commented that significant progress has been
made on the Strategic Plan Goals and Operational Priorities. He asked if there was anything in the report that Mr.
Buchanan might be concerned about because it is moving slower than he would like.
Mr. Buchanan responded that he believes there are a couple of goals that he doesn't believe that staff is going to
be able to approach such as the Ombudsman (Appoint a formal Ombudsman, perhaps a retired judge, so that they
are impartial to foster an environment of accessible, responsive governance). He said that he doesn't know what
that is really for, how staff would accomplish that and what the anticipated benefits are.
Councilmember Leger stated that that is why he asked the question because as he looked through the document he
felt that some of the goals were unrealistic. He asked if there was a process whereby Mr. Buchanan could present
to the Council some of his concerns and perhaps there could be a process for the Council to rescind some of thos e
goals.
Mr. Buchanan commented said that he thinks when they do updates they need to do a greater, more in -depth
review of the goals at that time (when the annual goal update takes place).
Mayor Kavanagh thanked Mr. Buchanan for his report.
Vice Mayor Elkie announced that the Fountain Hills Republican Club has secured the Governor as a speaker at on
Thursday, September 5th at 4:30 p.m. the Community Center. He said that R.S.V.P.'s are required and that
additional information is available in a recently printed newspaper article in the Times.
AGENDA ITEM #12 - 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 #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT
ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN.
None.
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AGENDA ITEM #14 - ADJOURNMENT
Vice Mayor Elkie MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 7:51 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 Executive and Regular
Sessions held by the Town Council of Fountain Hills in the Fountain Conference Room - 2nd Floor (Executive)
and Town Hall Council Chambers (Regular) on the 15th day of August, 2013. I further certify that the meetings
were duly called and that quorums were present.
DATED this 5th day of September, 2013.
_____________________________
Bevelyn J. Bender, Town Clerk