HomeMy WebLinkAbout2014.0320.TCRM.Minutesz:\council packets\2014\r140403\140320m.docx Page 1 of 15
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 20, 2014
* 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 – Deacon John LesCallett, Angelican Church of Fountain Hills
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember
Ginny Dickey, Councilmember Dennis Brown, Councilmember Cecil Yates, Vice Mayor Cassie Hansen,
Councilmember Tait Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew
McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR’S REPORT
i) The Mayor will read a Proclamation declaring April as Volunteer Month in the Town of Fountain Hills.
Mayor Kavanagh stated that April is designated as National Volunteer Month and that giving freely of one's time and
talents is one of the noblest of human enterprises. She noted that this year marks the 40th annual celebration of
Volunteer Month, which was established to recognize the efforts of dedicated community volunteers. She advised that
over 175 million volunteers work in their communities contributing time and talents daily to make a difference. She
said that Fountain Hills has more than 700 volunteers who gave approximately 20,000 hours of their time in 2013 to
volunteer at different Town organizations/facilities and various departments in Town Hall. The Mayor declared April
Volunteer Month in Fountain Hills and expressed deep appreciation to all of the volunteers who give their time and
talents to benefit the community.
ii) Recognition that the Town of Fountain Hills has achieved, for the 19th consecutive year, the Certificate of
Achievement for Excellence in Financial Reporting for Fiscal Year 2012/13 for its Comprehensive Annual
Financial Report (CAFR) from the Government Finance Officers Association (GFOA) of the United States
and Canada.
Mayor Kavanagh announced that the Town of Fountain Hills has achieved the Certificate of Achievement for
Excellence in Financial Reporting for the 19th consecutive year.
Town Manager Ken Buchanan requested that Deputy Town Manager/Finance Director and Craig Rudolphy approach
the podium and said that the Certificates of Achievement are awarded to those individuals/municipalities that are
judged to have adhered to the program's standards and represents the highest award given for such an accomplishment.
He congratulated Ms. Ghetti and Mr. Rudolphy on this achievement.
iii) Recognition of Deputy Town Manager/Finance Director Julie Ghetti and Supervisor of Recreation Bryan
Hughes for their years of service to the Town of Fountain Hills.
Town Manager Ken Buchanan noted that Town Manager/Finance Director Julie Ghetti has served the Town of
Fountain Hills for over 24 years. He noted that she started out working as an Accountant and worked her way up to
her current position. He presented Ms. Ghetti with a plaque on behalf of the Town and thanked her for her ye ars of
dedication and hard work. Ms. Ghetti received a standing ovation from the Council and members of the audience.
z:\council packets\2014\r140403\140320m.docx Page 2 of 15
Ms. Ghetti thanked the Council for their support and the plaque and expressed particular appreciation to Vice Mayor
Hansen for taking a chance and hiring her over 24 years ago and serving as her mentor for over eleven years. She also
thanked members of staff who supported her and helped the Town to be the best it can be and the citizens as well.
Director of Community Services Mark Mayer addressed the Council and stated that he is standing there this evening
with mixed emotions because on one hand he is happy for Bryan Hughes and the new challenges he will face in his
new position but on the other hand sad as a boss and a friend to see him go. He provided a brief summary of Mr.
Hughes' background, accomplishments and awards received and noted that he started working part time with the Town
in 1995doing youth and adult sports and worked his way up to his current position. He noted that Mr. Hughes has a
reputation as a special event guru. He thanked Mr. Hughes for the excellent work he has done on behalf of the Town
and presented him with a plaque.
Mr. Hughes received a standing ovation from the Council and members of the audience.
Mr. Hughes thanked the Town of Fountain Hills and the current and past Town Councilmembers who have given him
the opportunity to do what he loves to do every day of his life. He added that he will look back on his tenure with the
Town with fond memories forever.
Mayor Kavanagh advised that Rick Melendez has requested a few minutes in order to speak.
Mr. Melendez stated that eleven years ago he had the opportunity and privilege to be sworn into the office of
Councilmember for the Town and said that at that time there were three individuals who helped him learn about local
government -- Paul Nordin, Vice Mayor Cassie Hansen and his good friend Finance Director Julie Ghetti. He
presented remarks from former Mayors/members of the Council who could not be prese nt this evening and noted that
former Mayor Morgan said that "Julie was the glue that held the Town together during difficult times." He added that
former Mayor John Byler called him yesterday and he said "Julie, thanks for helping us pay the bills." Mr. Melendez
advised that during his term in office he frequently met with Ms. Ghetti and expanded upon the excellent service and
advice she provided. He added that Ms. Ghetti was one of the Town's greatest assets, thanked her for her years of hard
work, service, friendship and loyalty and wished her good luck in her retirement.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh stated that the economic development meeting at the Maricopa Association of Governments (MAG)
was cancelled so she had nothing to report on that and added that the Greater Phoenix Economic Council (GPEC)
meetings were also postponed. She advised that she did have an update on the Ellman Proper ty and noted that many
people have been asking her what is going on with the old State Trust land that is now owned by Ellman. She said that
she asked her husband, State Representative John Kavanagh, if he would try to get in touch with the State Land
Commissioner since she was having trouble getting through and Representative Kavanagh was able to find out where
they are at with that land north of Town. She reported that Ellman so far has invested $25 million in the property and
he was granted a 10-year extension by the State. She stated that the 10 years will be up on March 15, 2016 and by that
date Ellman will have to pay $181,969,982.00. She said that if he fails to pay, the State will take back the land and it
will be available for another buyer. She added that by law there can be no more extensions.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MARCH 6 AND 10, 2014.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY LAWRENCE EDWARD ELLIGET, OWNER/AGENT OF VETRONE VENTURES LLC
z:\council packets\2014\r140403\140320m.docx Page 3 of 15
DBA MOXIE MODERN FARE LOCATED AT 13014 N. SAGUARO BLVD. #101, FOUNTAIN HILLS, AZ.
THIS IS FOR A SERIES 12 LICENSE (RESTAURANT).
AGENDA ITEM #3 - CONSIDERATION FOR APPROVAL OF RESOLUTION 2014-11, ABANDONING
WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN PORTIONS OF CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHWESTERLY PROPERTY LINE OF
PLAT 431, BLOCK 2, LOT 7 (15252 N. DEL RAY DRIVE) AS RECORDED IN BOOK 151 OF MAPS, PAGE
43, RECORDS OF MARICOPA COUNTY, ARIZONA. EA2014-01 (KUNKEL)
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2014-17, APPROVING THE REVISED TOWN
ORGANIZATIONAL CHART FOR THE ADMINISTRATION DEPARTMENT, 2014-14 PAY PLAN,
SCHEDULE OF AUTHORIZED POSITIONS AND EMPLOYEE JOB DESCRIPTIONS TO RECLASSIFY
THE POSITIONS OF DEPUTY TOWN MANAGER/FINANCE DIRECTOR TO FINANCE DIRECTOR
AND ACCOUNTING SUPERVISOR TO ACCOUNTANT.
Vice Mayor Hansen MOVED to approve the Consent Agenda as listed and Councilmember Dickey SECONDED the
motion.
Councilmember Yates stated that he would abstain from the vote due to a conflict of interest on Consent Item #2.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Ginny Dickey Aye
Councilmember Dennis Brown Aye
Councilmember Cecil Yates Abstain
Vice Mayor Cassie Hansen Aye
Councilmember Tait Elkie Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY by those voting (6-0).
REGULAR AGENDA
AGENDA ITEM #5 - PUBLIC HEARING OF ORDINANCE #14-02, AMENDING THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 24, MEDICAL MARIJUANA USES, RELATED TO
MEDICAL MARIJUANA DISPENSARY DAYS AND HOURS OF OPERATION. CASE #Z2014-01.
Mayor Kavanagh declared the public hearing open at 6:51 p.m.
Senior Planner Bob Rodgers addressed the Council and said that Mr. Mark Steinmetz is the owner of Nature 's Arizona
Medicines, the medical marijuana dispensary located at 16913 E. Enterprise Drive in Fountain Hills, which has been
open for approximately seven months. He advised that the hours of operation are currently from 9:00 a.m. to 5:00 p.m.
Monday through Friday (in accordance with Zoning Ordinance Sect ion 24.03.B). He advised that the applicant is
requesting that this Section be amended to allow the marijuana dispensary to have operating hours between 8:00 a.m.
to 9:00 p.m. daily. He noted that the dispensary is currently in compliance with the zoning ordinance and with the
additional stipulations. He added that no incidents at this site have been reported by MCSO. He said that the
applicants have provided a lengthy narrative with their application in support of their request. He stated that the
primary reasons cited by the applicant appear to be that the limited hours limit the dispensary's ability to compete with
dispensaries in other cities and towns that allow longer hours, that the limited hours are inconvenient to clients who
work during the day and in their opinion the limited hours are discriminatory and only relate to his business and that
dispensaries help reduce illegal drug use.
z:\council packets\2014\r140403\140320m.docx Page 4 of 15
Mr. Rodgers advised that staff's position is that the hours of operation in place in other cities and towns are really not
relevant to Fountain Hills because they don't reflect the attitude and standards that Fountain Hills adopts or follows.
He added that this is not a referendum on drug use in America. He informed the Council that the Planning and Zoning
Commission held a public hearing on this application at their February 27th meeting and they voted to recommend that
the Council approve the zoning text amendment subject to changing the operating hours to 8:00 a.m. to 7:00 p.m.
Monday through Saturday only, rather than as requested (8:00 a.m. through 9:00 p.m. daily). He noted that the
ordinance as written is well within the guidelines established by State law and there is no requirement that the
ordinance be changed. He added that the Council is being asked t o make a policy decision (whether the request is in
the best interest of Fountain Hills). He said that if they decide yes, then staff's recommendation would be to adopt the
Planning & Zoning Commission's recommendation rather than the applicant's requeste d hours. He added if they
decide no, then staff recommends denial of the request. He indicated his willingness to respond to questions from the
Council and said that the applicant is present and wishes to make a presentation to the Council as well . (Copy of the
report is available on line and in the office of the Town Clerk.)
Mark Steinmetz, a resident of Scottsdale, addressed the Council and introduced his legal representative Mel
McDonald, a former Maricopa County prosecuting attorney, a former Superior Court Judge and a former U.S.
Attorney.
Mayor Kavanagh reminded Mr. McDonald that he would be speaking in reference to the hours and Mr. McDonald
stated that was correct.
Mr. McDonald addressed the Council and said he had the opportunity to attend the Planning & Zoning Commission's
meeting and his wife is present at this meeting. He discussed the fact that he and his wife have a brain injured son and
stated that what they are really talking about is respect for patients. He added that he has seen his wife drive half way
across Phoenix to get the needed medication. He said that it is not right and it is not fair and noted that out of all the
marijuana dispensaries, the Town of Fountain Hills has the most inconvenient hours and many people cannot buy their
medication between the hours of 9:00 a.m. and 5:00 p.m. Mondays through Fridays. He stated that not being able to
purchase the medication on Saturdays is a real hardship and discussed many of the arguments that were made during
the Planning & Zoning Commission's meeting. He said many of the arguments he heard there were the same fears he
had when he was U.S. Attorney. He indicated that he had five children from a first marriage and three from his second
marriage and that none of us what to see our children exposed to drugs; he commented that he would probably not be
at the dais today had he not gone through the experience of see how marijuana actually has medicinal value.
Mayor Kavanagh interrupted Mr. McDonald and reminded him he was to be speaking on the hours not the benefits of
medical marijuana.
Mr. McDonald stated that was what he was trying to do as it all plays into this point that many times the patients
cannot drive cars and have to get other people take them to obtain the medication. He stated that his wife has taken his
son across town while he has had seizures in the car. He noted that the security apparatus at a dispensary is better than
banks, pharmacies, so many who spoke against it spoke about it from a safety standpoint. He stated there wasn’t a
single study in the United States that suggests that medical marijuana somehow increase usage. He st ated that the
security of the Fountain Hills dispensary is outstanding and urged the Council to make these modest amendments so
that patients have access to the medical marijuana. Mr. McDonald stated that one of the criticisms was lighting and he
noted that they have excellent lights. He urged the Council to make these modest amendments so that the patients
have access to the medicine that they have. He stated the opinion that science is recognizing more and more that there
is medicinal value and that he opposed legalization; however, he stated he was an advocate for medical use. He
indicated his willingness to answer any questions.
Mayor Kavanagh thanked Mr. McDonald for his comments.
Mr. Steinmetz readdressed the Council and informed them that when he applied to open a medical marijuana
dispensary in Town, he was aware of the 9:00 a.m. to 5:00 p.m. hours and he asked how stringent the Town was about
those hours. He advised that he was told to operate for six months to a year and when he can show a decent track
record he certainly would have the right to come forward and ask for additional hours. He stated that they have been
z:\council packets\2014\r140403\140320m.docx Page 5 of 15
in operation for eight months and there have not been any incidents and the security is excellent (probably better than a
bank). He reviewed the process that is followed in order to obtain access to the facility and said that the average age of
patients is 60 (very few young people). He provided additional justification for the request to amend the hours and
asked that the Council approve the request and allow patients to have fair access to the medical marijuana. He noted
that it is not his intent to be open on Sundays right away and he expressed this to the Planning and Zoning Commission
and it is not his intent to be open past 7:00 p.m. He referred to a board that listed all of the dispensaries and their hours
of operation and noted that virtually all of them are open on Saturdays and Sundays. He stated that he did ask for
Sunday hours in Mesa in case at some point in time patient needs dictate that but for now his intent is to also be open
on Saturdays probably 9:00 a.m. until 5:00 p.m. He indicated his willingness to respond to any questions from the
Council.
In response to a question from Councilmember Yates, Mr. Steinmetz advised that Proposition 203 dictated that they
(marijuana dispensaries) did not have to be non-profits but they have to operate as a non-profit, which means they
cannot take any profit out of the business. He noted that he pays taxes including State, County and Federal sales taxes.
Councilmember Elkie pointed out that the application requests that the business be allowed to operate from 8:00 a.m.
until 9:00 p.m. Mondays through Sundays but yet tonight Mr. Steinmetz is saying he probably won't be open on
Sundays and if they are open on Saturdays the hours will probably be 9:00 a.m. till 5:00 p.m. and probably would not
operate until 7:00 p.m. He asked why the Council should give serious consideration to this request if Mr. Steinmetz is
saying something different right now as far as what he will probably do anyway.
Mr. Steinmetz responded because he is a responsible business person who is very conservative in his economics and
most other elements of his life as well. He said that there would have to be a need to open the business up on Sundays
and he thought it was important to stay consistent with Mesa zoning. He added that in the future if patient demand
dictates the need for Sunday hours he would like to be able to do that without having to spend th ousands of dollars and
go through the process once again. He stated that he thought that Mesa did a good job in putting together their rules
and he thought they would apply well in Fountain Hills too.
Councilmember Elkie stated that there is a distinct difference between Mesa and the local community in Fountain
Hills, different sets of values, a different Council and different needs and Mr. Steinmetz concurred with that statement.
Councilmember Elkie referred to the Planning and Zoning Commission's recommendation, 8:00 a.m. until 7:00 p.m.
Mondays through Saturdays and asked if that would work for Mr. Steinmetz based on the current needs of his patients.
Mr. Steinmetz replied that he thinks it would help tremendously and would be a good first step, one t hat he would
certainly embrace. He reiterated the importance of having some access outside of work hours.
In response to a question from Councilmember Leger, Mr. Steinmetz advised that his facility services about 258
patients within the Town. He said that his facility opened earlier than the dispensaries in Mesa and Scottsdale and so
they were getting patients from those areas but a lot of that has changed because of the issue with the hours of
operation. He stated that he can't give an exact number but the last time he looked there were about 258 or 278
cardholders. He reported that between his two stores (one in Phoenix and one in Town) he services over 1,000
patients.
Councilmember Leger asked Mr. Steinmetz to discuss the range of medical needs that are serviced through his
dispensary and he responded that they serve people experiencing chronic pain (over 70% of patients) as well as cancer
patients, Parkinson patients, people seeking relief from seizures, etc.
Mayor Kavanagh advised that the latest statistics (2013 year-end study) show that there are only 179 card holders in
Fountain Hills and Mr. Steinmetz apologized for his error. The Mayor asked whether there are metal detectors at the
facilities and Mr. Steinmetz replied no. He explained that people with cards are not allowed to have guns.
Mayor Kavanagh reported that the nationwide average for cardholders in their 60s is only 12% and Mr. Steinmetz
stated that in this state the age of card carriers is older and a majority of the patients are over the age of 40. The Mayor
z:\council packets\2014\r140403\140320m.docx Page 6 of 15
referred to the actual report and said people ages 18 to 40 represent 62% of the cardholders and Mr. Steinmetz said that
was not true. Mayor Kavanagh read from the actual report which reflected the numbers she stated and Mr. Steinmetz
commented that he would have to look at that data because he believes something is being misinterpreted.
Mayor Kavanagh further stated that Mr. Steinmetz had made some comments relative to the fact that the hours
established for operation of his business are discriminatory and noted that he i s in a separate zoning category
established especially for the marijuana dispensaries and if the business was like a pharmacy, then he would be treated
like a pharmacy but his business is so different from that. She said that the last time she went into Walgreens she
didn't have to be buzzed in by an armed security guard or go behind bullet proof glass. She stated that she doesn't
consider his business to be like a pharmacy and if it were then the Town would recognize him in that category. She
added that if they were a large town and had two or three dispensaries, all of them would be treated the same. She
further advised that they are just following the rules according to the category.
Mr. Steinmetz commented that he doesn't necessarily think that the Town is discriminating against him but there is
discrimination against the patients who choose to use medical marijuana as their medical choice and it is the opinion of
the people who created this law that there should be a difference between prescription drug pharmacies and a medical
marijuana dispensary. He stated that he is just asking that the patients be looked at in a non-discriminatory way.
Mayor Kavanagh advised that they also have to look out for the safety of the Town and she is very happy that they
haven't had an incident but maybe they haven't had an incident because they have only been open during the daytime, a
time that is relatively safe. She added that at his location on weekends there are very few businesses that are even
open and he is pretty isolated where he is at. She further stated that his business has only been open for eight months
and a lot of people do not know that he is even there. She stated that he is vulnerable like the many other dispensaries
that have had robberies (Colorado, California, even Tempe) mostly because they have a lot of cash on hand and have a
product that is very valuable. She said they also have to take into consideration the fact that the business deals with a
lot of patients who arrive with a lot of cash and leave with a product that could also make them a possible victim of a
robbery.
Discussion ensued relative to crime statistics, the fact that a dispensary that was robbed was in fact in Tucson; the
point that it was not a legally licensed facility; the Mayor's comment that caregivers in Town could provide product
and are allowed to deliver; and the fact that the regulations for medical marijuana dispensaries are stricter by law.
Councilmember Dickey stated she felt the Mayor had tried to narrow Mr. McDonald’s comments to talk about just the
hours and she did not think that was necessarily what they needed to do (stop those speaking about this entire issue)
because if it wasn’t this issue they wouldn’t be talking about it very much and it would be just a business that wants to
be open on a Saturday. She indicated that the Mayor’s comments show how interconnected these things are.
Councilmember Dickey stated the opinion that anyone that speaks can speak to any part of this issue although her
preference would be just to talk about the hours. Looking at the idea of pharmaceuticals and getting back to when you
see a new drug that is introduced she did not think that people scrutinize it that way to say this is a dangerous drug as it
just becomes accessible at Walgreens or any pharmacy legitimately. She said this was just getting such scrutiny and it
was hard to understand because it’s a legal substance, a natural substance, with side effects that are not as extreme as
some other medicines are and when an adult gets a prescription for medicine and you see the list of scary side effects
that is where it gets weighed (whether you go with the side effects, is it worth it, does it work regardi ng whatever the
ailment is). She stated the opinion that they shouldn’t punish them for being so secure and not looking like a
Walgreens because that is the way the law was written and that is what they have to comply with and they do so far.
Mayor Kavanagh clarified why she said to Mr. McDonald to speak on the issue of hours of operation. Mr. McDonald
had been brought forth as Mr. Steinmetz's attorney who was going to speak on the hours. Had Mr. McDonald taken
out a speaker card he could have spoken for three minutes on any topic he wanted.
Councilmember Dickey stated that it was her interpretation that Mr. McDonald was trying to tell the Council why it
was important to get access to the medication.
z:\council packets\2014\r140403\140320m.docx Page 7 of 15
Councilmember Brown commented that data is being collected each time patients swipe their cards and that the
information could become very valuable (while maintaining individuals’ privacy but provide information relative to
"Patient A or Patient B, etc."). Mr. Steinmetz responded there had been recent dialogue with the State Director of
Health about using the database in other ways. He stated the Director would like to conduct a study regarding how
marijuana is impacting opium use and in other studies. Mr. Steinmetz indicated that they were bound by m edical
privacy laws and that the information was kept very safe.
Town Clerk Bev Bender advised that 13 speaker cards have been received and four of the citizens indicated that they
did not wish to speak but one resident is against the extended hours, one resident is for the extended hours and two
non-residents were for the extended hours. (One additional card was submitted for a total of 15.).
The Mayor instructed speakers to state the city or town in which they reside.
The following speakers spoke in opposition to the requested amendment to the facility's hours of operation:
Shelley Mowrey (Scottsdale)
Doug Hebert (Fountain Hills)
Dwight Johnson (Fountain Hills)
Robert Ditta (Fountain Hills)
Tom Lawrence (Fountain Hills)
Marie Perreault (Fountain Hills)
Dawn Goodland (Fountain Hills)
The above speakers gave the following reasons for their opposition: The Arizona Criminal Justice Commission Youth
Survey shows that between 2008 and 2012 the use of marijuana has increased among youths by 14%; states with
Medical Marijuana laws have higher rates of youth marijuana use than those that do not; the business problem could
quite simply just be an increase in competition rather than the hours of operation in effect in Town; the question of
whether this is really about patients or about profits; increased hours will be increase access which equals increased
availability and ultimately increased usage; security concerns; crimes that have been committed at dispensaries in other
states including California and the fact that actual cardholders are committing some of the crimes; the incident that
occurred in Tempe in 2013; the fact that drugs and crime go hand in hand (stated as a former DEA agent who now
resides in Town); extending the hours of the facility is not in the best interest of the Town and more crimes are
committed during evening hours); data that shows that one out of ten youths in Maricopa County who use marijuana
get it from medical marijuana card holders; the applicant knew the rules when he initially applied to open a facility and
should continue to follow them; the fact that the applicant is looking for extended hours to serve a very small segment
of the population in Town; risks associated with cognitive impairment among youths as a result of the use of
marijuana; the importance of not creating more opportunities for the Town's youths to access marijua na; dispensaries
are relatively new so the Town should be extremely cautious at this point in time.
The following speakers spoke in support of the requested amendment to the facility's hours of operation (*speaker card
submitted later):
Cindy McDonald (Gilbert)
Kathy Inman (Gilbert)
Melvin McDonald (Gilbert)
*Linda Bordow (Fountain Hills)
The above speakers gave the following reasons for their support: The importance of availability for those in pain
and/or suffering seizures; it should be more about the people who aren't abusing it and need it rather than the ones who
are abusing it and don't need it for medical reasons; the importance of giving these people (the patients) the dignity that
they deserve; reported benefits of using medical marijuana over ha rmful prescription drugs; pharmacies are sometimes
open 24-hours a day and they do not have security; the importance of not comparing Arizona to California in terms of
crimes committed in medical marijuana facilities; the website www.thc.com (stands for total health care) and the fact
that people can access that website and read for themselves the benefits of medical marijuana.
Mayor Kavanagh declared the public hearing closed at 8:10 p.m.
z:\council packets\2014\r140403\140320m.docx Page 8 of 15
AGENDA ITEM #6 - CONSIDERATION OF ORDINANCE #14-02, AMENDING THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 24, MEDICAL MARIJUANA USES, RELATED TO
MEDICAL MARIJUANA DISPENSARY DAYS AND HOURS OF OPERATION. CASE #Z2014-01.
Councilmember Brown commented that he would bet that if someone wanted to obtain marijuana, with a couple of
telephone calls they could get it any day of the week and any hour of the day and even if they didn't know who to call,
they could find someone who does know who to call so he doesn't feel this is what they are up against -- it is the
parental guidance. He said that he too attended the Planning and Zoning Commission's meeting and he tips his hat to
former Councilmember Archambault because he said very eloquently how it is up to the parents to parent their
children through the years of adolescence when they are apt to be smoking marijuana or doing any type of drugs -- it is
up to the parents to make sure that doesn't happen. He said that they are talking about a business request to extend
some hours for a man who has a legitimate business in Town that they were "force fed" by the State to allow in Town.
He said when they were being "force fed" they heard very similar outcries of "don't do it, don't do it" and since it's
been open he hasn't heard one negative thing about it nor has he heard of any incidents that have happened. He
suggested that they not talk about profit or the various possibilities because anything can happen -- someone could
have a drink tonight, test positive and run over a child -- that can happen, that is life, that is where we are living. He
added that he sees the issue as being one of parental guidance rather than someone needing medical marijuana and not
being able to get it.
Councilmember Brown further stated that he does not agree with the hours that the Planning and Zoning Commission
recommended.
Councilmember Brown MOVED that the Town approve the proposed Zoning Ordinance Text Amendment to Section
24.03.B to extend the hours of operation of the medical marijuana dispensary from 8:00 a.m. to 7:00 p.m. Monday
through Friday and 8:00 a.m. to 3:00 p.m. on Saturday.
Councilmember Brown said he sees that the problem is availability due to the hours that people are working and noted
that very few people work on Saturday at all and very rarely do they work past noon. He stated that 3:00 p.m. on
Saturdays would be a good closing hour for those people who are working.
Councilmember Leger SECONDED the motion for purposes of discussion.
Councilmember Dickey commented that nothing was said this evening about the youths that anyone could disagree
with and she thinks for her it is more a matter of using the idea of people getting it illegally, whether it's someone
buying a beer for someone who is under age or if someone does have a medical marijuana card and they are buying the
medical marijuana and then giving it away, that's illegal. She said they should not punish the people who are
legitimately using medical marijuana in this State at this time. She added that obviously they don't want kids using it
and they don't want it to be recreational and all of the things that they struggle with as parents and grandparents, they
do get a level of helplessness and they want to do whatever they can but the end result of having it regulated and
available is actually helpful in the stuff that they can't control. She said that she is fine with what Councilmember
Brown said but she is not sure about the reasons for making the hours shorter like that because this is a business and
the market will do whatever it will do so if someone really does need it or they go to the doctor late on a Friday and get
a prescription but they can't get it and they are ill or their child is ill or that kind of thing -- she doesn't know how
limiting the access to people who legitimately deserve it helps all of the problems that they were talking about. She
added that she would rather see it as it was passed by Planning and Zoning and just make an amendment to keep the
8:00 a.m. to 7:00 p.m. on Saturday.
Mayor Kavanagh asked if Councilmember Dickey is amending the motion.
Councilmember Dickey moved to AMEND the motion to change the hours to be 8:00 a.m. to 7:00 p.m. Monday
through Saturday as recommended by the Planning and Zoning Commission.
The amendment DIED for lack of a second.
z:\council packets\2014\r140403\140320m.docx Page 9 of 15
Vice Mayor Hansen stated that she wanted to reiterate what Councilmember Brown said and focus on the need and
advised that she has been contacted by six people and they told her their personal stories about what the marijuana is
used for -- many of the conditions that were brought up. She noted that it was brought up in the Planning and Zoning
Commission that even if there are only six or eight people who have a need for this, they have a need and so she would
support the original motion.
Councilmember Elkie commented that there are 179 residents in Town who obviously have some kind of need because
they have been given access to the medical marijuana. He said that just like with any other type of drug there are
going to be abusers no matter what. He added that the issue is weighing the needs of the residents against the risks and
pointed out that this evening they heard from a lot of people but not from anyone who is actually using the medical
marijuana themselves and he doesn't think they will because of the stigma attached to it. He stated that they live in a
small town and things get around very quickly. He said that he did not hear anything this evening to convince him that
increasing the hours as recommended by Councilmember Brown would increase the danger and pose more risk to the
community and so he does not have a problem with extending the hours.
Councilmember Leger stated that again, this is a very emotional issue with people on both sides having strong feelings.
He stressed the importance of weighing all the data and looking at accountability and responsibility. He noted that
even prior to the medical marijuana dispensary opening up in Town marijuana was readily available and he does not
think that the dispensary has increased its usage. He added that he would like to ask Captain Joe Rodriguez a couple
of questions regarding this issue.
In response to Councilmember Leger's request to confirm or deny the statement previously made that there have not
been any incidents since the opening of the dispensary, Captain Rodriguez advised that there have not been any
notable incidents at the dispensary.
Councilmember Leger said that he has read in the paper and heard here this evening that there are card holders in
Town who are possibly selling the drugs to the kids -- getting the bags of marijuana and then selling them to the youths
in Town. He asked whether there are legal consequences associated with that and what they are.
Captain Rodriguez responded that he would have to defer to legal counsel but mainly the way they read the law has to
do with possession -- that is the part they are concerned about. He added that if it becomes a matter of possession for
sale then the department would have to do a bit of digging because the laws are still complicated even for law
enforcement. He confirmed that there are laws in place to address these issues.
In response to a request from Councilmember Leger, Councilmember Elkie explained the charges/ramifications that
could possibly be brought against someone selling the marijuana.
Councilmember Leger said that if someone is caught selling marijuana to a high school student, law enforcement
should quickly act to arrest that person, prosecute that person and do everything legally allowed i n order to make an
example of that person.
In response to a question from Councilmember Yates as to whether the police department has seen an increase in drug
use since the opening of the dispensary, Captain Rodriguez replied no, they have not.
Councilmember Yates said that the applicant in this case knew what the rules were up front and he has a small base of
179 Town customers and he feels that that should be a somewhat viable business. He said there really is no data
available to review because it is too new a business to have generated any real statistics. He added that it is a little
nerve wracking to be making some of these decisions based on no data. He pointed out that the business has only been
open in Town for eight months and advised that they do not have any data upon which to base educated decisions on;
they can only make best guesses. He stated that he is very aware of the product and had a family member use it and it
did help her towards the end. He added that as a current and former holder of liquor licenses, he can testify to the fact
that use does increase during the evenings. He said he would like to present the following amendment to
Councilmember Brown's motion:
z:\council packets\2014\r140403\140320m.docx Page 10 of 15
Councilmember Yates MOVED to amend the motion to Monday through Friday 8:00 a.m. until 5:00 p.m. and 8:00
a.m. to 5:00 p.m. on Saturday as well.
The motion DIED for lack of a second.
Mayor Kavanagh advised that she was not in favor of extending the hours and emphasized that her concern has to do
directly with safety. She stated that she believes expanding the hours puts them more in jeopardy of crime and noted
that the applicant has only been open for eight months and Arizona has only had a limited time to see what would
happen with the dispensaries. She noted that they are seeing extensive crime in other states that have had them longer.
She said that she thinks the applicant is quite lucky because he is in a very isolated area and maybe criminals have n't
found him yet but he is in a cash business with a very valuable product that is worth a lot on the street. She reiterated
that her concern is strictly with the safety of the community and also with the limited amount of police force that they
have right now. She added that she would hate to have to divert some of their police force to monitor the dispensary
only because of the history of crime in other areas. She further stated that as far as whether youths are getting
marijuana from card holders, they already know that they do -- the Arizona Justice Study Commission of 2012 clearly
stated that 11.6% of all young students who use marijuana illegally, without a card, get it from cardholders. She
commented on the youths that really do not have supervision and said they know there is a large young teen population
that is without supervision every single day, even on Saturdays.
Mayor Kavanagh advised that she strongly believes that the hours the applicant currently has are the hours that have
kept his dispensary safe -- day time hours in Fountain Hills are certainly safe hours. She added that in the area where
the dispensary is located, there are very few businesses that are open on a Saturday so it is going to be an isolated
business. She further stated that the applicant has made many statements that are just not based on facts and said she
finds it hard to believe someone who says, "this place will be secure" when a lot of the information that he has given is
information that she can prove is not correct. She noted that she has both studies that the applicant referred to and she
can back up everything that she has said. She said that the applicant also knew the zoning regulations concerning
Fountain Hills and added that there were only a few sites where he was able to open his business if he decided to open
it in Town. She pointed out that the applicant knew that his business would not be located on one of the Town's main
streets, that there was no street lighting and was in an area where most of the businesses are only open Mondays
through Fridays during daytime hours. She advised that the hours of operation were clearly explained to the applicant
(weekdays and daytime only) and there were also tight security measures that the applicant had to pu t into place. She
said that the applicant was aware that this is a small town with a fraction of the population of Phoenix, the location of
his other dispensary, and he has also not been in business for a year since the Board of Adjustment denied his requ est
for longer hours. She stated that the applicant states that the Town is discriminating against his business and said they
would treat any marijuana dispensary the same -- his business is not like any other business and that is why he is in a
separate category. She noted that the applicant is asking the Council to change the zoning regulations concerning the
hours because he says that many of his customers need him to stay open late and on Sundays. She further stated that
with only 179 cardholders in Fountain Hills, that can't be too many. She pointed out that the applicant stated at the
Planning and Zoning Commission's meeting that most of his customers are in their 60s and that certainly defies the
national statistics that says that cardholders in their 60s only make up 12%. She added that he also said at that meeting
that his customers can't buy enough product to last them until he opens up on Monday yet customers can get five
ounces of marijuana every month (the equivalent of at least 200 cigarettes). She said that the applicant admitted that
the marijuana doesn't go bad and can be stored. She stated that the applicant would also like them to believe that there
is no crime at the marijuana dispensaries but all you have to do is Google it and pages and pages of crimes come up in
other states that put in the dispensaries and have been open longer than Arizona. She expressed the opinion that to
think this type of crime will not occur here as well is naive and perhaps the dispensary has just been luc ky up to this
point.
Mayor Kavanagh advised that what the applicant said about 73% of the users getting the marijuana do so because of
the pain they are in yet he constantly talks about those people who are suffering from cancer and of course their hearts
go out to those people but they are a tiny percentage of clientele -- only 2% nationwide are cancer victims, 1/9% are
glaucoma victims, etc. She said that he also has misled them as far as the ages and noted that she has the study which
clearly says, “between 18 and 40. 61% are cardholders” and they are predominantly male (72%). She stated that it has
been said that it is fairly easy to get a marijuana card and it is easy to gain entrance to the facility and she thinks it wi ll
z:\council packets\2014\r140403\140320m.docx Page 11 of 15
just be a short amount of time before his dispensary is discovered and it will be the victim of a crime. She added that
this brings danger to the Town of Fountain Hills and to the businesses around it. She advised that there have also been
some studies done that show that there are also other types of crimes that show up around dispensaries, such as home
burglaries, because people are trying to get money to purchase the marijuana. She pointed out that these are things that
anyone can go on line and “Google”, it is not something that is hidden and people can go to a marijuana site and they
will tell you everything kind of in the slanted way that they present it. She added that people can also read the Arizona
studies which contain the truth.
Mayor Kavanagh stated that she cannot support this after hearing fact after fact from the applicant and knowing for
herself that the facts were incorrect; she can't trust the applicant that he will keep his business safe or trust him that our
students will not be able to get the marijuana. She said that she is not voting for this because she is voting for the
safety of the residents of Fountain Hills.
The Mayor requested a roll call vote at this time.
Councilmember Leger expressed the opinion that it is very inappropriate to sit up here and t hrow accusations at this
gentleman who is a business man as a business friendly Mayor in the Town of Fountain Hills without him having the
opportunity to defend himself. He said that he respects her opinion and has come to his own conclusions after
researching all of this. He noted that national statistics are very different from state statistics and local statistics. He
stated that he thinks it would only be fair for the gentleman to come up and have a nice discussion with the Mayor
back and forth but he is not going to recommend that. He added that what he would like to ask for is to have
Councilmember Brown restate his motion so that there is some clarity on the motion because they have had a couple of
amendments and have been around the block on this issue.
Councilmember Elkie advised that on the last point that the Mayor made he takes a bit of exception to -- that she could
not support this because she was voting for the safety of the Town of Fountain Hills, which would then imply that
anyone who may vote for this is voting against the safety of the Town and he thinks that that is not a correct
characterization of those individuals who sit up there on the dais, who have a love for the Town and who have lived
here for many years. He reiterated that he takes exception to that comment.
Mayor Kavanagh explained that it was not meant to insult anyone -- everyone has the right to say why they want to
vote and her vote is no because she feels it is a safety issue and if others don't f eel it is a safety issue, then that is the
way they vote. She added that she has the right to say why she is voting on it -- she is voting against it because she
really feels that there is a danger to the safety and that is her right, to state why she is voting against it.
Councilmember Dickey advised that she has lived here 30 years and raised three sons and has four generations of
family here so to imply that anyone up here would not be as concerned about the safety of their children and the people
here.... and even she thinks Councilmember Yates talked about values and politics and things like that ..... some
people think and good values to her are to take care of people who are ill or in pain or have other things going on. She
noted that there is prescription fraud going on and things like that, but does that mean that you don't have legitimate
reasons for those kind of drugs? She added that this is a legal substance and they are scrutinizing this unlike any other
business -- Councilmember Yates just opened a restaurant, there are bars, and do they ask how many people go in there
and how many are from Fountain Hills and if they are not from Fountain Hills that might not be great ? She said if
there are 180 card holders in Town, that doesn't mean those are the only people who go there but even if it is, who are
they to say you should only be open this way because you are going to lose money if you are open longer than that.
She added that they have a lot of places that come and go here and it is a business and it is a market but they are taking
something that is legal and scrutinizing it in a way that she thinks they have never done. She stated she mostly wanted
to say that because of what Councilmember Elkie said and she appreciates the fact that th e Mayor is saying she is not
painting them all with that brush.
Mayor Kavanagh responded of course not and that is why she said "I" rather than "We".....she said she let everyone
have as much time as they wanted to explain their vote the way she usually d oes and let all of the public have more
than enough time to explain on both sides. She explained that she was trying to be fair in that way but stated that this
is her opinion, her vote and she has a right to say very clearly why she feels this way just as everyone else has done.
z:\council packets\2014\r140403\140320m.docx Page 12 of 15
The Mayor noted that a request was made for Councilmember Brown to repeat his motion.
Councilmember Brown MOVED that the Council approve the proposed zoning ordinance text amendment to Section
24.03.B to extend the hours of operation at the medical marijuana dispensary to 8:00 a.m. to 7:00 p.m. Mondays
through Fridays and 8:00 a.m. to 3:00 p.m. on Saturdays and not open on Sundays and Councilmember Leger
SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Cecil Yates Nay (Based on lack of data)
Councilmember Henry Leger Aye
Councilmember Dennis Brown Aye
Councilmember Ginny Dickey Aye
Vice Mayor Cassie Hansen Aye
Councilmember Tait Elkie Aye
Mayor Linda Kavanagh Nay
The motion CARRIED by majority vote of the Council (5-2) with Mayor Kavanagh and Councilmember Yates voting
Nay.
AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2014-03, ADOPTING ISSUANCE AND POST-
ISSUANCE COMPLIANCE PROCEDURES RELATING TO TAX-EXEMPT BONDS, BUILD AMERICA
BONDS (DIRECT PAY), RECOVERY ZONE BONDS, TAX CREDIT BONDS AND TAX CREDIT BONDS
(DIRECT PAY).
Town Manager Ken Buchanan addressed the Council relative to this agenda item and said that this is an $8.2 million
issue and has to do with the issuance of bonds and the requirements the Town must comply with. He requested that
Deputy Town Manager/Finance Director Julie Ghetti provide a brief report on this issue.
Ms. Ghetti addressed the Council and stated that the item before the Council deals with bond issuance and compliance
for bonds that are outstanding and future bonds that they may sell. She advised that basically because there are tax
benefits that may be critical to the investor's decision to purchase the bonds, with this resolution the Town's writt en
procedures ensure the Town's compliance with the conditions, restrictions and requirements to preserve the tax -exempt
status of the bonds or permit and preserve the Federal subsidy associated with the bonds to offset the interest expense
of the bonds. She noted that the language ensures that the Town will invest the bonds the way they said they were
going to invest them and also how they will use the proceeds from the bonds and for good record keeping (to ensure
that citizens can see where the money went and that it was properly accounted for).
Ms. Ghetti advised that Kim McIntier from Gust Rosenfeld is present to answer any questions and indicated her
willingness to respond to questions as well.
There were no citizens wishing to speak on this agenda item,
Councilmember Elkie MOVED to approve Resolution 2014-03, approving the issuance and post issuance compliance
procedures relating to tax-exempt bonds for the Town of Fountain Hills, Arizona and Councilmember Dickey
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM
INCLUDED IN THE LEAGUE OR ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN
OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
Town Manager Ken Buchanan referred to HB 2692, HURF support, in his opinion has taken a back seat to the budget
right now. He noted that it is still there but he thinks it is going to be part of the budget discussions that are going on in
the Legislature at this point in time. He said that the Town Attorney, Andrew McGuire, had some discussions with the
League this afternoon.
z:\council packets\2014\r140403\140320m.docx Page 13 of 15
Mr. McGuire advised that the HURF item was actually scheduled for Appropriations this week but some budget items
have moved in front of it. He added that it is supposed to be heard next week in Appropriations and is expected to
move forward and that is all they know at this point.
Mr. Buchanan referred to HB 2517, which deals with the ramifications in general for Councilmembers to be removed
or personally held liable for personal defense regarding any attempt to exceed the gun laws in Arizona is still going
and appears to be going on a very fast track. He added that another gun law, 2339, basically talks about concealed
weapons and that is the metal detector and the security at any special event in a public building. He reported that that
is moving forward on a very fast track as well. He reported that the Town has opposed those bills and will continue to
do so as they move through the process.
Mayor Kavanagh announced that the latest she has on that is that both are ready for the Committee of the Whole
(COW) but are not scheduled as of this time.
Mr. McGuire provided an update that they are waiting in Senate Rules.
Councilmember Dickey referred to HB 2517 and noted that it is not just about guns because it is basically something
that has ramifications to anything. She said when they are on a body like this and they make any kind of .... like they
just did.... any decisions that they make, there is a kind of an understanding that they are not liable personally and that
they are able to be defended by the Town and part of that defense would be to say that their Town Manager said that it
was an okay thing to do. She advised that this is basically setting a precedent to take all of that away so yes this
particular one is about if a Council decides they don't want to have guns in this case in a public building and the State
says they have to, then the act of everybody voting to do that would be something that they would be liable for and
they would have to defend themselves and they could be removed from office , which is really quite amazing because
there are so many things that Councilmembers and others could do when elected where they cannot be removed from
office because the people voted them in. She said that the League was really trying to emphasize that this wasn't about
guns; it was about the basic way it works when you are an elected official and has more ramifications. She referenced
the time the Town had refused to pay the Department of Water Resources fee and she questioned if that act was
something that they should be removed from office for. She reported that the bill hadn't gone through Rules yet and
that it has to be on an agenda in order to weigh in. She stated that the Council would probably have to either write the
entire Senate since the Council had already taken a position on most of the bills they could do that when it went to the
floor or she stated the opinion that they would likely have to write the Governor and ask that she not sign them.
Mayor Kavanagh said to clarify a little, if they went to the Town’s attorney, Mr. McGuire, and they said, "what about
this particular law.... such as having to have lockers outside?" and he said that it is State law and it was passed so you
have to have the lockers and then if they voted or some of them voted that they didn't want them, (and we said we
don’t care if it is a state law …. we decided we didn’t want to do it) then and only then would the person be personally
liable. She noted that the League is saying that this could lead to other things. She said that she was curious about
why this came about and some of the history she learned was that some of the previous laws that were passed were not
abided by other municipalities and so the only alternative the State would have would be to sue them. She added that
the State felt if they had to sue they would be using taxpayer dollars to do so and the n the Town has to defend them
and use taxpayer money for that as well. She said that they decided that if a municipality wanted to vote to break a law
then they can be held personally responsible.
Mr. McGuire clarified that if it is on the advice of counsel that the Council acts in that manner and the State determines
later on that you did not act appropriately, you can be held responsible unlike in a conflict of interests law where if you
get a legal opinion that you don't have a conflict and the legal opinion is not correct, they cannot be prosecuted -- this
says if you get a legal opinion and it is incorrect, you can be prosecuted; so this is different.
The Mayor said that the League is opposed to this because they believe that it opens the door to more personal liability.
Councilmember Elkie advised that he has some concerns about that because it creates some over -reach and he referred
to the water issue (the Town does not have a water company but still got saddled with a bill from the State). He sta ted
that they took a stand and ultimately the Town paid it but he thinks that stifles discussion and debate and scares some
z:\council packets\2014\r140403\140320m.docx Page 14 of 15
people into not voting for what is right. He added that this had a chilling effect and is something that could potentially
intimidate lower level elected officials.
Councilmember Leger stated the opinion and his concerns that the language is broad and said that this type of
legislation is absolutely insane and is basically saying that local legislators cannot legislate. He added tha t to him the
intention is clearly intimidation. He reviewed a conversation he had with someone who was thinking of running for
Council and they had read that and basically said they were not running for Council when our Legislature is making
laws like that…it’s insane. He expressed that he respected the Mayor’s comments as to intent of the bill but this
language is too general. Councilmember Leger stated that he hopes that the Town tracks this and he for one would
vote that they move their opinion beyond the legislators because simply they are not listening to their appeals and they
start sending their letters to the Governor's office.
Mayor Kavanagh asked whether this bill applies only to firearms and goes beyond that; Mr. McGuire stated that this
bill is specifically related to firearms but that is not what the League is saying. He advised that their concern is that
this is stepping into a territory that hasn't been stepped into before and the camel's nose under the tent is the bigger
concern. He added that this is more specifically directed at the city of Tucson and legislation that they attempted to
run a couple of different times that didn’t gain any ground in the legislature, so they’ve taken an administrative
position that affects that and this is aimed at Tucson’s administrative position.
AGENDA ITEM #9 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Vice Mayor Hansen wished Ms. Ghetti and her husband Reno a wonderful life and retirement and thanked her for the
memories.
Councilmember Dickey advised that she and Raymond Rees met with some people from Republic and had five days to
get the application in for the MAG Desert Peaks Award (public/private partnership) and they got it in on time. She
reported that there are eight judges and they will be meeting sometime in April and the actual presentation is at the end
of June so presumably they will know by then. She thanked everyone for their help on this rushed job.
Mayor Kavanagh reported that she attended the East Valley Mayors' Prayer Breakfast hosted this year in Scottsdale
and said that over 400 people were in attendance to hear prayers from representatives of many faiths. She said that it
was a very inspiring morning. She added that she welcomed the Mountain to Fountain runners on a beautiful Sunday
morning in Fountain Park. She advised that she told them about the Town's upcoming events and invited them back to
visit the Town. She said that the local businesses at the Plaza did very well that morning and many of th em were
volunteers for the event like they were last year. The Mayor further stated that they have had some great events these
past couple of weekends starting with Wisconsin Fest! She thanked the L. Alan Cruikshank River of Time Museum
for putting on this event and stated that it was a great success. She said that putting the game on television for the
attendees was just icing on the cake.
Mayor Kavanagh commented that St. Patrick's Day in the park was another outstanding event and thanked the Sons of
AmVets for organizing it and distributing those profits right here in Town. She advised that among their many
donations is to help fund the high school graduation so they can hold it in Fountain Park. She reported that the Town
had a tourism table at the St. Patrick's Day event and thanked all of the volunteers who joined her there that day. She
added that the weekend also brought them the Thunderbird Fine Wine & Art Affaire and thanked July Combs and the
organization for having this very popular event once again here in Town and allowing Fountain Hills residents free
z:\council packets\2014\r140403\140320m.docx Page 15 of 15
entrance. She also thanked all of the resident volunteers for helping out at that event which was well attended with lots
of interesting art and some very fine wines.
Mayor Kavanagh further stated that Sunday night was a fun time at the Chabad Purim Celebration at the Community
Center. She said that with a Mexican theme this year, Rabbi Mendy Lipskier and his wife Tzipi put together a very
nice event. She stated that the entertainment was a famous hypnotist who was quite amazing and noted that there were
some brave volunteers, not her, including Town resident Susan Dworkis. She advised that she and Ken Buchanan wee
the guests at the annual Rotary luncheon where they honored members of the police and fire departments. She
announced that those honored were from MCSO, Fort McDowell and Rio Verde and congratulated all of the honorees
as well as the Rotary for doing this every year.
The Mayor advised that she attended the Scottsdale Chamber of Commerce social event at Copperwynd and said that
in the middle of the speeches everyone stopped to look out over the Town to see the Fountain -- a spectacular site from
there. She also extended congratulations to all of the new inductees into the River of Time Museum Hall of Fame and
thanked the museum for putting on a very nice event to honor them and for holding that event in the Community
Center. Mayor Kavanagh encouraged everyone to come out to Fountain Park next Saturday for the 2nd Annual PICO
Kite Festival and said "Let's hope for a good wind."
Mayor Kavanagh also wished Mr. and Mrs. Ghetti happiness in their future endeavors. She said that the retirement is
well deserved and Ms. Ghetti will be greatly missed. She commented on the long relationship she has had with Ms.
Ghetti and with Mr. Hughes and again, thanked both of them for their service to the community.
AGENDA ITEM #11 - ADJOURNMENT
Councilmember Elkie MOVED to adjourn the meeting and Councilmember Dickey SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 9:05 p.m.
TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
_________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 20th day of March, 2014. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 3rd day of April, 2014.
_____________________________
Bevelyn J. Bender, Town Clerk