HomeMy WebLinkAbout2014.0904.TCRM.Minutesz:\council packets\2014\r141002\140904m.docx Page 1 of 11
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 4, 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 – Pastor David Taylor, Jr., First Baptist 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, Vice Mayor Cecil A. Yates, Councilmember Cassie Hansen,
Councilmember Tait D. 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 September 17 through 23, 2014 to be Constitution Week in
Fountain Hills.
Mayor Kavanagh stated that September 17, 2014 marks the 227th anniversary of the drafting of the Constitution of the
United States of America by the Constitutional Convention. She said that it is fitting and proper to officially recognize
this magnificent document and the anniversary of its creation as well as the patriotic celebrations which will
commemorate the occasion. The Mayor proclaimed September 17 through 23, 2014 to be Constitution Week in
Fountain Hills and asked the citizens of the Town to reaffirm the ideals the Framers of the Constitution had in 1787.
Mayor Kavanagh referred to a displayed graphic of the Town's new pet friendly logo that designates Fountain Hills as
a pet friendly community. She thanked Town resident Andi Bell for coming up with the suggestion initially and
contacting her with the idea. She also thanked Councilmember Cassie Hansen for helping Andi with the list along
with Lina Bellenir. She advised that the logo was created by Ken Valverde from Town staff and she expressed
appreciation to Ken, the Community Services staff and Mike Ciccarone, their tech guru, for making all of this happen
so quickly. She noted that the logo is located on the homepage of the Town's website and people can click on the logo
to read about the Town's many pet amenities. She stated that this is an exciting designation for the Town and can be
used as a marketing tool for prospective residents as well as visitors. She added that the Community Services
Department is currently doing a mailing to all of the businesses in Town th at are designated as pet friendly like some
of the restaurants and hotels as well as stores that sell pet products. She said that the letter will introduce them to the
new website addition and will contain a special logo decal for them to put in their s tore window. She added that any
other stores that allow pets can also be designated pet friendly and can request a logo decal. She stated that they
always say that Fountain Hills is a great place to live and now it is officially a great place for pets to call home as well.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) The Mayor may review recent events attended relating to economic development.
Deferred until the next Council meeting.
(ii) Presentation by Sharon Morgan, President and Director of the Fountain Hills Sister Cities Corporation on the
Town's newest Sister City, Zamosc, Poland.
Sharon Morgan, President and Director of the Fountain Hills Sister Cities Co rporation addressed the Council and
stated that it will be her honor this evening t o officially turn over the paperwork on the Town's fourth Sister City,
Zamosc, Poland. She said that she and other members of the Committee had a great trip to Zamosc and noted that the
country is beautiful and the people are great. She discussed the cleanliness of the city and commented on the fact that
z:\council packets\2014\r141002\140904m.docx Page 2 of 11
she did not see one piece of trash during her entire visit. Ms. Morgan prepared to highlight a brief PowerPoint
presentation (copy on on-line and available in the Town Clerk’s office) comprised of pictures taken during the trip and
during this time Mayor Kavanagh acknowledged the presence of Sheriff Joe Arpaio, State Representative John
Kavanagh, Mayor Jerry Miles, Mayor Sharon Morgan, Consul Enrique Melendez and Consul Borgumil “Nick”
Horchem. Ms. Morgan provided brief explanations on the various photographs and said they are looking forward to
hosting representatives from Zamosc's Sister Cities organization in the future. She also commented on the College of
Music and a wonderful concert that the students put on and advised that she is hoping that in the future they will be
able to do a music exchange. She noted that anybody who has gone on any of the Sister City trips has paid for the
entire trip out of his/her own pockets (the trips are not in any way subsidized by the Town).
Poland's Arizona Consul Borgumil “Nick” Horchem and his wife Elizabeth addressed the Council and acknowledged
the presence of the Honorable Consul of El Salvador, Enrique Melendez, State Representative John Kavanagh, Mayor
Sharon Morgan and Mayor Jerry Miles. He also introduced a pastor from the Polish Church other Polish dignitaries
and their family members present in the audience and the gentleman who organized the trip to Poland. He stated that it
is his honor to present to Mayor Kavanagh, the Council and the Town, a Polish flag which is a sign of friendship and
cooperation between the cities of Zamosc, Poland and the Town of Fountain Hills, Arizona. He presented brief
remarks regarding the long history of friendship between the United States and Poland and said that they would like to
continue to cultivate that friendship. His wife also made some brief remarks relative to Poland and in particular the
city of Zamosc.
At the request of Mayor Morgan, Mayor Kavanagh approached the podium and was presented with the official
acknowledgement/documentation from the Sister Cities International organization regarding the newly established
partnership between Zamosc and the Town as well as the actual proclamation that was signed and a Zamosc flag
referred to above. Mayor Morgan also gave Mayor Kavanagh the book that the President of Zamosc gave to the Sister
Cities committee and advised that she is donating that to the Town because Sister Cities is a Town organiza tion. The
Consul's wife also presented the Mayor with gifts from the city and the President of Zamosc and the Consul presented
her with a Polish flag.
Mayor Kavanagh thanked everyone for their efforts in securing another wonderful Sister City partnership for the Town
of Fountain Hills.
Honorable Consul of El Salvador, Enrique Melendez, addressed the Council and stated that he is present this evening
to honor his colleague the Consul of Poland. He congratulated Mayor Kavanagh and Councilmember Leger on t heir
recent re-election victories on behalf of his government. Mr. Melendez provided remarks relative to this special
occasion and outlined all of the hard work and cooperation that went into making this a reality. He expressed special
appreciation to Mayor Jerry Miles and stated that San Salvador holds him very close to their hearts for all of the great
work he has done and continues to do.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
Councilmember Dickey requested that Agenda Items #7 and #9 be removed from the Consent Agenda and placed on
the Regular Agenda.
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM AUGUST 7, 2014.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2014-42, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
RELATING TO PROPOSITION 202 FUNDING.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2014-41, DECLARING AND ADOPTING THE
RESULTS OF THE PRIMARY ELECTION HELD ON AUGUST 26, 2014.
z:\council packets\2014\r141002\140904m.docx Page 3 of 11
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY WILLIAM MCKELLIPS, OWNER/AGENT OF SALUTE THE GIVER, LLC DBA
GRAPEABLES FINE WINES, LOCATED AT 12645 N. SAGUARO BOULEVARD, SUITE 9, FOUNTAIN
HILLS, AZ. THIS IS FOR A SERIES 7 LICENSE (BEER & WINE BAR) AND SERIES 10 (BEER & WINE
STORE).
AGENDA ITEM #5 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION
SUBMITTED BY RANDY NATIONS, OWNER/AGENT OF LMB VENTURES, LLC DBA FOUNTAIN
HILLS EXPRESS, LOCATED AT 11829 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ. THIS IS
FOR A SERIES 10 LICENSE (BEER & WINE STORE).
AGENDA ITEM #6 - CONSIDERATION OF APPROVING THE FOURTH AMENDMENT TO THE
PROFESSIONAL SERVICE AGREEMENT WITH CLIFTONLARSONALLEN, DATED SEPTEMBER 4,
2014, FOR THE TRIENNIAL TOWN OF FOUNTAIN HILLS MUNICIPAL COURT AUDIT FOR THE
YEAR ENDED JUNE 30, 2014, IN THE AMOUNT OF $3,500.00.
AGENDA ITEM #7 - CONSIDERATION OF APPROVING A COOPERATIVE PURCHASING
AGREEMENT (C2015-126) BETWEEN THE TOWN OF FOUNTAIN HILLS AND HOFFMAN
SOUTHWEST CORPORATION, DBA PROFESSIONAL PIPE SERVICES, "NOT TO EXCEED" $50,000,
FOR STORM DRAIN STRUCTURE CLEANING AND TELEVISING. THIS ITEM WAS REMOVED FROM
THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA.
AGENDA ITEM #8 - CONSIDERATION OF APPROVING THE PURCHASE OF TWELVE (12)
PORTABLE FIRE RADIOS AND ACCESSORIES FROM MOTOROLA SOLUTIONS, INC., IN THE
AMOUNT OF $108,309.12.
AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2014-38, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FLOOD CONTRO L DISTRICT
RELATING TO THE CONSTRUCTION OF THE ASHBROOK WASH IMPROVEMENTS. THIS ITEM
WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA.
Vice Mayor Yates MOVED to approve the Consent Agenda as amended with Items #7 and #9 removed and placed on
the Regular Agenda and Councilmember Leger SECONDED the motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Ginny Dickey Aye
Councilmember Dennis Brown Aye
Vice Mayor Cecil Yates Aye
Councilmember Cassie Hansen Aye
Councilmember Tait Elkie Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #7 - CONSIDERATION OF APPROVING A COOPERATIVE PURCHASING
AGREEMENT (C2015-126) BETWEEN THE TOWN OF FOUNTAIN HILLS AND HOFFMAN
SOUTHWEST CORPORATION, DBA PROFESSIONAL PIPE SERVICES, "NOT TO EXCEED" $50,000,
FOR STORM DRAIN STRUCTURE CLEANING AND TELEVISING. THIS ITEM WAS REMOVED FROM
THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and advised that Professional Pipe
Services has a cooperative purchasing contract with the City of Cottonwood and they will be contracted with to clean
z:\council packets\2014\r141002\140904m.docx Page 4 of 11
storm drain pipes and basins that have become full of debris and silt (407 catch basins and over 73,000 linear feet of
storm drains and culverts). He added that they will also videotape t he drainage systems to determine whether any
future repairs are needed. He said that staff recommends that the Council approve Contract No. 2015 -126 between the
Town of Fountain Hills and Professional Pipe Services. He noted that he and Facilities/Environmental Supervisor
Raymond Rees will be happy to respond to any questions from the Council.
Councilmember Dickey stated that when the Town makes certain purchases she liked to have additional discussion
regarding them and that is why she requested that this item be pulled from the Consent Agenda . She said that Mr.
Buchanan is recommending that the Council approve a contract for a service that in the past cost the Town $10,000 but
will now cost them $50,000 and requested staff to expand upon that a little bit.
Mr. Rees addressed the Council and commented on the fact that the pipes that are located under a lot of the Town's
major roads are pretty large pipes and they have one contract right now that they would like t o enter into to have those
pipes cleaned out in Sunridge Canyon and that will cost approximately $24,000. He stated that they need to increase
the amount of money spent on that in order to cover all of the costs and pointed out that the money will not all ow them
to do everything but it will at least allow them to start on the work that needs to get done. He confirmed that he is
looking for the Council to allocate $50,000 each year for this work because staff anticipates that there will be need s in
different parts of Town. Councilmember Dickey asked whether this particular expense would be eligible for Storm
Water Utility Fee budgets and Mr. Rees replied yes it would. He added that staff actually had this in the plans in case
the Town moved forward with implementing a Storm Water Utility Fee.
Councilmember Elkie asked what the cost has been for this particular item over the past five years and Mr. Rees said
he does not believe it has been the full $10,000 every year because the cost of doing all of the pr ojects individually is
very expensive. He stated that they could clean out some catch basins, remove some debris from in front of culverts
and things like that but in order to do the big major projects a good amount of money is required. He confirmed tha t
since money was not allocated for this purpose in the past the Town is now having to get work done to unclog the
drains. He reported that they have never been cleaned and the pipes up at Sunridge Canyon are about three quarters
full.
In response to a question from Councilmember Elkie regarding why monies were not spent in the past to do this work
instead of letting the problem build up over time, Mr. Rees advised that Sunridge Canyon notified the Town that their
drainpipes were clogging and they thought that the pipes were their pipes and the problem was their responsibility. He
reported that in reality they were the Town's responsibility/infrastructure.
Councilmember Hansen commented that she knows the Sanitary District takes good pictures of the se wer lines, they
have that capacity, and she questioned whether they could take pictures of the Town's pipes as well.
Mr. Reese replied that the Town does have an agreement with them to do certain activities in that area but first they
have to get the pipes cleaned out and then they have to assess whether repairs are needed. He added that more than
likely they will ask for assistance from the Sanitary District.
Councilmember Brown reported that there are 13.82 miles of buried pipe in Town and asked how mu ch of it will be
three quarters full like Sunridge Canyon.
Mr. Reese responded that he really couldn't say; they try to inspect them annually as part of the Stormwater
Management Plan but because of the limited number of staff they don't get to every storm drain so probably quite a bit
of the pipes are three quarters full.
Councilmember Brown asked whether it is possible that a considerable portion of the clog is from new construction
and runoff during the original five or six years before everyone got their yards under control and the erosion stopped
(is there a possibility that this won't happen again for perhaps another 50 years as opposed to 20?).
Mr. Reese stated that that is a possibility and reported that most of the material that is in the pipes at Sunridge Canyon
is silt, a runoff from the area around there, so it probably is from construction and it is possible that it might take a long
time for them to ever get to that state again.
z:\council packets\2014\r141002\140904m.docx Page 5 of 11
Vice Mayor Yates asked whether this is a one-time thing and said he realizes it is a "not to exceed" but his only fear in
doing that as a contract is next year whether it is needed or not they might go up to that point and not exceed it. He
questioned whether this it is a one-time $50,000 fix this year then they could get the maintenance done in the future or
is it time and materials and $50,000?
Mr. Rees replied that he really cannot answer that question until they get out there and see what the condition of all the
infrastructure is. He noted that the full 73,000 linear feet is not actually culvert, a lot of that is concrete drainage,
drainage structures/ditches, and those need to be maintained as well. He added that those are maintained by another
fund that the Town has but these monies will go towards the actual piping, the culverts and the catch basins.
Vice Mayor Yates said that he is wondering whether they should just do a one-year contract and then re-assess the
situation because they are talking about years of collection and debris and then once they are cleaned out the first time
they can probably get a better assessment of what kind of contract they need moving forward -- or is it an all or
nothing contract?
Mr. Rees responded that the contract is for one year and then it is renewable so if the Town cho oses not to renew the
contract then the Town Manager just does not sign the contract for the next year.
The Vice Mayor commented that he is still a little concerned because the contract states that the cap is $50,000 a year
as opposed to "let's clean it out and then maybe go out for bid" because whether it is with this contractor or someone
else the cost might be considerably less now that it has been cleaned out and a maintenance program may be what is
needed.
Town Manager Ken Buchanan advised that if the Council wants to renew this on an annual basis, staff will make
certain that that happens.
Vice Mayor Yates said that personally he would feel better doing something like that because it is a considerable jump
from $10,000 to $50,000 annually on a recurring basis.
Mayor Kavanagh asked if Mr. Rees is saying that the Town will have the option to renew the contract on an annual
basis but there is no requirement that they do so.
Town Attorney Andrew McGuire stated that the contract is built as a Cooperat ive Purchasing Agreement on the
underlying agreement and as long as the underlying agreement is in place they can purchase from it. He added that the
Town's contract on top of that says that it is subject to annual appropriations so Council first has to appropriate the
money, then it is up to the Town to decide whether it is in the Town's best interest and then it is subject to whatever
amount they allocate each year. He said that the cap on this is a "not to exceed ever" type of cap but all of the Town's
contract are built as "will do as much as the Town directs be done but not any more." He pointed out that next year if
the Council decides not to appropriate funds for this purpose or this amount, then the Town Manager will have to
change the amount to whatever is appropriated or nothing at all if that is the decision of the Council.
Councilmember Brown asked how many feet of drainage pipe/drainage easements will be cleaned out for $50,000 and
Mr. Rees advised that he believes they are doing three of the pipes at 100 feet each and that is for the $24,000.
Councilmember Leger stated that in addition to this assessment he would like to know whether staff will have an
opportunity to assess Town-wide needs prior to budgeting for the next fiscal year (is there a process in place?).
Mr. Rees replied that staff has already begun the process of trying to determine Town -wide needs and inspections took
place this spring and they also have funds appropriated to have a storm drainage inspection take place this fiscal year.
He added that staff will then have an idea of where they are at.
Vice Mayor Yates MOVED to approve Contract No. 2015-126 between the Town of Fountain Hills and Professional
Pipe Services for the amount "Not to Exceed" $50,000 for storm drain structure cleaning and televising with the caveat
that after year one some type of assessment takes place and Councilmember Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0).
z:\council packets\2014\r141002\140904m.docx Page 6 of 11
AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2014-38, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FLOOD CONTROL DISTRICT
RELATING TO THE CONSTRUCTION OF THE ASHBROOK WASH IMPROVEMENTS. THIS ITEM
WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and stated that the Maricopa County
Flood Control District and the Town of Fountain Hills executed an IGA (Intergovernmental Agreement) for the design
of the capital project back in December of 2013. He reported that the project is currently 90% complete as far as the
design and added that the IGA was approved by the Maricopa County Flood Control District's Advisory Board on
August 27th of this year with the agreement being that it be agendized for the Board of Supervisors after consideration
and hopefully approval by the Town Council. He briefly discussed the scope of the project. He noted that the project
has been budgeted at $1.9 million with the Town's portion being about $950,000 (the Town currently has $920,000
budgeted and the funding gap could come from the CIP (Capital Improvement Project) contingency fund. He advised
that Town Engineer Randy Harrel is present to answer any questions and stated that staff recommends that the IGA be
approved as presented.
Town Engineer Randy Harrel addressed the Council and announced that Scott Vogel, the Project Manager from the
Flood Control District, is also present in the audience.
Councilmember Dickey said that this is another item that has some dollars attached and that is why she wanted it
removed from the Consent Agenda and placed on the Regular Agenda to allow for more discussion and explanation.
She stated that the $920,000 was already budgeted and discussed but she would again like to ask whether that would
be able to be covered by an environmental or storm water utility fee and Mr. Harrel responded yes, it would be covered
under that.
Councilmember Dickey referred to the additional $30,000 that it looks like will have to come out of the CIP
contingency fund and said since it is for the same project, that too would be covered by such a fee if one was in place.
She pointed out that at the Council's Retreat they asked that this be an item that is brought back to them so they could
take a look at the possibility of an environmental fee (this came along as a mandate in 2009). She asked when the
Council can expect to see an item related to the implementation of an environmental or storm water utility fee for
discussion and consideration.
Mr. Buchanan informed the Council that an agenda item relating to this issue will be on one of the two agendas for the
Council meetings in October.
Councilmember Dickey said that as they consider ways to get the Town more revenue this is just another item that
should be considered. She added that if they went back and looked at the Town's budgets over the last three, four or
five years, there have been expenses that had to be covered and in the future there will be again so she is glad they are
going to get a chance to talk about it. She expressed the opinion that it is a very viable option because they would be
using it the way it was set up to be used.
Councilmember Brown asked staff to provide some information on how many other projects of this magnitude will be
coming before the Council.
Mr. Buchanan reported that as far as a list of CIP projects, Shea Boulevard and Saguaro Boulevard are in the mix. He
said that they still have a Shea project going with the Maricopa Association of Governments (MAG) over the next
decade. He added that he doesn't know of any others that are of that size off the top of his head.
Councilmember Hansen referred to the Risk Analysis on the staff report, which states that not moving forward with
this project would leave 13 houses/condos subject to currently unmapped flood inundation in the 100 -year storm and
said that she wanted to know what the unmapped flood inundation means and how they go from unmapped to mapped.
Mr. Harrel responded to Councilmember Hansen's question and advised that the Town mapped their flood plains back
in 1996 in conjunction with the Flood Control District and since that time there have been a number of upstream
developments as well as improvements to Golden Eagle Park (emergency improvements to the dam). He reported that
they now have a greater flow in Ashbrook Wash when it is mapped again. He noted that the Flood Control District did
a study back in 2007 and it showed that these 13 residences were at risk of flooding in the 100-Year Storm. He added
z:\council packets\2014\r141002\140904m.docx Page 7 of 11
that they currently have an agreement in place with the Flood Control District to remap this wash in 2017. He
confirmed that the 13 homes were built prior to any knowledge of the potential for a flood risk.
Mayor Kavanagh clarified for the benefit of the public that when the Council has a Retreat no votes are taken but a lot
of discussion takes place and when it appears that some or a majority of the Council want to bring something back f or
discussion/consideration at a public meeting, the Town Manager is provided direction in that regard.
Mr. Buchanan advised that another project of significant size that will be coming before the Council before the end of
the year will be the relocation of Fire Station #2.
Councilmember Elkie MOVED to approve the Intergovernmental Agreement with the Flood Control District of
Maricopa County, for the "Utility Relocations, Construction, Construction Management and Operation and
Maintenance of the Ashbrook Wash Improvement - Bayfield Drive to Del Cambre Avenue" and Vice Mayor Yates
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #10 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING LAW
ENFORCEMENT UPDATES IN FOUNTAIN HILLS, GOALS AND PRIORITIES FOR THE DEPARTMENT
AND COMMUNICATION BETWEEN THE FOUNTAIN HILLS MARICOPA COUNTY SHERIFF'S
OFFICE AND TOWN OFFICIALS. THIS ITEM HAS BEEN PLACED ON THE AGENDA AT THE REQUEST
OF COUNCILMEMBERS DICKEY, ELKIE AND HANSEN.
Mayor Kavanagh advised that there is no Staff Report on this agenda item so she would call on any Councilmembers
who wish to discuss this to come forward.
Councilmember Elkie stated that one of the reasons why he asked that this item be placed on the agenda is because
there have been a number of incidents in Town that have required law enforcement action and he appreciates their
responding to those occurrences. He added that the Council learned about a number of those incidents from the
members of the press, the newspaper and/or on Facebook and the 4:30 News. He advised that since they are going to
have a new Captain in Town he wanted to have some communication with that person regarding the level of
communication they have had in the past with Captain Rodriguez. He said he knows that they are in a transition period
but he wanted to have some further communication about items that are coming to the Council or to the Town
Manager and then to the Council so that they are informed and do not learn about things through the various mea ns
listed above. He said they are hearing things out there such as a child abduction taking place and that might just be a
rumor, but in any case he stressed the importance of good, open, fast and accurate communication with the Council.
He further stated that Captain Letourneau is present this evening and there is an item on the agenda regarding his
appointment so he is not sure whether it is more appropriate for C hief Rodriguez or Captain David Letourneau to
speak to this issue. Councilmember Elkie commented that he does recognize that when there are on-going
investigations with respect to law enforcement that discretion and not interfering with an investigation is paramount
(he understands why certain information cannot be disclosed to the Council) but he wants to speak to items the Council
has become aware of by means other than communication from those in charge.
Chief Rodriguez address the Council and commented on the fact that things have moved rather quickly in the Sheriff's
Office over the last six weeks. He noted that he was officially notified of his promotion upon landing in Phoenix
following a vacation and the promotion took place within a 48-hour window. He apologized that some of the
communication was lost to the Council during this period and they did drop the ball as far as the notification process.
He added that as far as the law enforcement issues in Town and the notification system that is in place, when an
incident occurs that is going to rise to the level where the media might be involved or they think might generate
interest among citizens who will then contact the Council, they will try to notify the Town Manager as soon as they
feel it is appropriate based on some of the things Councilmember Elkie mentioned earlier. He commented that
communication can always be improved and he has spoken with Captain Letourneau about that and what the
expectations are and the importance of getting better and even improving what he had set up with the Town Manager.
He added that sometimes an issue might not seem that important to them when it comes on their radar but it is to a
certain member or members of the community. He emphasized that they will continue to work on improving the
communication and noted that social media does hurt them in all aspects across the County because Facebook is so
instant as well as Twitter and others and they cannot control that and they don't have the ability to grab that
information. He pointed out that their Public Information Officer is present this evening and can testify to that. He
z:\council packets\2014\r141002\140904m.docx Page 8 of 11
stated that the report about the abduction spread very quickly through social media and stressed the importance of the
department getting that information and verifying it before sending out a panic alarm to the citizens and the
community.
Councilmember Dickey advised that when she first got on the Council, she and Captain Kleinheinz talked a lot about
community policing which seems to be mutually agreed upon by the Council. She noted that some of the recent things
that have been happening recently have involved bigger vehicles, not necessarily SWAT reactions but they looked like
them. She provided a few examples and stated that that is alarming especially in view of the discussion that is going
on regarding the militarization of the police force. She said she was glad that they could talk like this and that she
wanted to reiterate some of the things they still have in their agreement regarding community policing (some ways of
interacting make you part of the community rather than "us versus them.)" She stated that she had worked with the
Weed and Seed Program for a while and some of those ways of interacting when you are part of the community just
keeps the community safer overall all and there is evidence that proves this (i.e. statistics and studies, etc.). She noted
the discussion provides the opportunity to bring that up again. She stated that she learned there were 3,000 SWAT
reactions in Los Angeles in the 1980s and they are now up to 50,000 due in part to the fact that some of the equipment
they are getting, either from the military or however, they are obtaining on a use it or lose it basis so they have an
incentive to react to situations and for people like herself who aren’t in that and don’t see that all the time it can be
alarming and there may be some over reaction (an example she learned of was kids using drugs in a suburban home
and equipment was used to bang down the door). She added that she wants to find out whether there is still a
commitment to community policing on the part of the law enforcement community. She indicated that especially in a
community like Fountain Hills as we are so fortunate we don’t have the Weed and Seed neighborhoods where so much
is going on. She asked for the Captain to comment because of everything going on throughout the country; she stated
that the Sheriff is always welcome to speak.
Sheriff Joe Arpaio addressed Councilmember Dickey noting that they had had their differences but thanked her for her
time and efforts. He noted that he and his wife live in Fountain Hills and they think it is the greatest town in the
universe. He reported that crime has gone way down and they should be proud of that. He added that as far as
communication, he is the elected official and sometimes politics enters into the situation and it is sometimes very
difficult to notify everybody when they are in the heat of battle and sometimes even he doesn't know what is going on.
He advised that they are going to try and improve the communication between all of you. He further stated that as far
as the SWAT team, he is going to use as much power as necessary to protect his deputies (he had a deputy killed in
Anthem) whether in Fountain Hills or anywhere else. That’s #1 and they are going to do everything to protect the
public. He stated that if he needed 50 SWAT teams to come in here to protect the public he would make those
decisions and he was not going to get any of his deputies killed because someone doesn’t like a SWAT team. He
commented on police departments getting more involved somewhat like military and noted that when he took office,
along with all of the tents he was able to obtain (and Tent City is still there after 21 years) they did get some automatic
weapons from the military to arm his deputies and a 50 caliber machine gun that he paid for himself so they do use
some military equipment. He reiterated that they are going to do everything they can to defend their office and protect
the people of this County regardless of what the equipment is. He informed the Council that they are going to get a
new helicopter and they are very expensive but the cities and towns are not charged for them and there are many things
that they use that they don't charge for including SWAT teams, K-9s, etc. He stated that there is a misconception that
he rides the helicopter to his house and he confirmed that he has never been in a helicopter since he’s been the Sheriff.
He said that they are also going to get a new plane. He stated they are getting a lot of equipment that is not military
equipment.
Sheriff Arpaio stated that as far as community policing they do it every day -- they are always out there and he
averages one to two speeches a day around the County and he has be en doing that for 22 years. He advised that he
believes in community policing and the importance of getting to the people that they serve because we are their boss
and he agrees they should continue to do everything they can to improve community policing. He commented on a
rumor he heard that Councilmember Dickey was moving but he stated that he hoped she would stick around as she had
a deep interest in the town as it is a great town. Councilmember Dickey responded that she did not know where that
rumor came from. He reported that he has both a Twitter and a Facebook account with over half a million viewers so
if anyone wants to know what is going on in the Sheriff's office they should get onto that. He further stated that they
are getting ready to do some live streaming on television. He advised that he believes in open dialogue and that the
Council and the citizens should always know what is going on. He added he doesn’t run a secret CIA operation and
that he finds it ironic that they have a few concerns when we don’t tell the Council what’s going on. He stated that
z:\council packets\2014\r141002\140904m.docx Page 9 of 11
there are times when they can't tell anybody anything when working on investigative reports. He indicated that he has
called the Mayor on a serious matter in the past (suicide he thought). He reiterated his appreciation for what the
Council does for the Town of Fountain Hills.
Mayor Kavanagh said that the Council really appreciates Sheriff's Arpaio's attendance at the meeting and she certainly
understands what he is saying when he talks about the importance of protecting his deputies. She stated that she was
married to a police officer for 20 years and the protection and equipment kept getting bigger and better and when he
left the force it continued getting bigger and better. She agreed that the police officers have to keep up with the
dangers that they are going to face on a day-to-day basis. She also agreed that social media is hitting them on all kinds
of levels and she understands that sometimes there are situations that the Sheriff's Office has to investigate and it is not
always appropriate to release information. She said that she met Captain Letourneau at Captain Rodriguez's promotion
to Chief and noted that Sheriff Arpaio wanted her to know why he picked him for Fountain Hills -- because he wanted
the best for the Town because he lives here and he knew that the Mayor was going to expect the best.
Sheriff Arpaio advised that one of the reasons he decided to promote Chief Rodriguez was the wonderful way he got
along with the Council and gained the Council's respect because to him that is very important -- so the Council helped
him get promoted.
Councilmember Hansen commented that she appreciates all the dialogue that has taken place and the fact that crime is
down. She said she thinks it is maybe because over the last few months some crimes that they weren't used to took
place -- the attack on the deputy and subsequent shooting and someone being found in a truck. She added that another
good thing is the fact that they can reiterate and rehash the challenges that they both face and stressed the importance
of the Sheriff's Office preparing the Council to help them. She stated that the sharing of information back and forth
and recognizing each other's challenges are very important things to do.
Sheriff Arpaio referred to the 1992 Julie Patterson murder case that has never been solved in this Town and he said
back then that he is never leaving his office until that case is solved. He emphasized that he hasn't given up on it and
pointed out that that is the only murder case in Fountain Hills that has not been solved.
Mr. Buchanan advised that staff will do the best they can to get the information to the Council as fast as they can.
Councilmember Brown congratulated Deputy Chief Rodriguez on his promotion and said that he really enjoyed
working with him.
Councilmember Elkie also congratulated him and Councilmember Leger stated that he did a tremendous job on a
multitude of levels.
Councilmember Dickey noted that the people who are commenting on Facebook are Fountain Hills residents so she
wants to make sure they give it the same respect they would if they received the information in an e -mail or something
like that. She acknowledged there is concern about some of the items that we were talking about. She pointed out that
when one Commander leaves and another assumes the position, the contract gives the Council opportunities for
amendments but even if they don't go that far their budget document actually has priorities for the year so while they
might not make big changes, they do have the opportunity to look a year ahead and say that these are the prio rities.
She added that that is the point of the quarterly meetings (at least) that the Town Manager will have with the
Commander and they will probably talk about some of the things that come up that they can't even think of right now
but that would become a focus for 2014-15. She stated that she doesn't know that they actually talked about it very
much when they did the budget this year but over the years they have set some priorities and that gives the Council an
opportunity for some input. She stated that even if there isn’t a formal motion unless Councilmembers Elkie or
Hansen had any sort of idea, she felt at least the gist of what we were talking about is coming through on this and she
expressed her appreciation.
Mayor Kavanagh advised that she did have a conversation with Captain Letourneau and asked him if he was going to
continue the quarterly reports at the Community Center, which are open to the public and allows the citizens to talk
about crime and ask questions and he said yes. She said that the press also attends those meetings so anyone who can't
make the meetings can read about them in the newspaper. She added that she was at the League Conference and not
able to make the first Coalition meeting but she was told that the Captain did attend that meeting. She noted that she
z:\council packets\2014\r141002\140904m.docx Page 10 of 11
also discussed community policing with him and she was glad to see in his background that he was with law
enforcement support and has worked with volunteer groups, the posse, the animal cruelty unit, etc.
Councilmember Dickey advised that the quarterly report is one of the four objectives for 2014-15 in the budget and
also the Coalition. A MCSO member in the audience confirmed for Councilmember Dickey that they receive ethics
leadership training from the AZPOST.
AGENDA ITEM #11 - CONSIDERATION OF THE TOWN MANAGER'S RECOMMENDATION OF
CAPTAIN DAVID LETOURNEAU TO SERVE AS DISTRICT SEVEN COMMANDER OF THE
MARICOPA COUNTY SHERIFF'S OFFICE AS OUTLINED IN RESOLUTION 2012-19, SECTION (II)(E),
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE
MARICOPA COUNTY SHERIFF'S OFFICE.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and pointed out that the Town has an
IGA (Intergovernmental Agreement) with the Maricopa County Sheriff's Office (MCSO) for law enforcement services
and it spells out many of the responsibilities of both part ies. He noted that there is a procedure in place for the
replacement of the Commander in District Seven. He said that Captain Rodriguez was promoted and, in accordance
with the IGA, he was sent the names and background of three individuals, all of whom are Captains and excellent
candidates for consideration. He stated that an interview process took place and a subsequent recommendation from
the Town Manager was made to select Captain David Letourneau to serve as District Seven Commander. He added
that the Council's packets contain copies of a letter of recommendation from Chief Deputy Sheridan and said he would
be happy to answer any questions.
There were no citizens wishing to speak on this agenda item.
Councilmember Dickey commented that given the way the contract was actually written, which is something that
maybe they will revisit, the actual motion she would like to make will change a little bit.
Councilmember Dickey MOVED to ratify the reassignment of Maricopa County Sheriff's Office Captain Joe
Rodriguez in his promotion to Deputy Chief of Patrol Operations from his post as District Seven Commander. She
explained that the Council in the contract is to approve the reassignment and then the Town Manager is to make the
appointment from the three suggestions.
Town Attorney Andrew McGuire advised that the motion is consistent with the agreement that they talked about
before. He pointed out that there are two duties in that paragraph, one is for the Town Manager to select from the three
candidates and the other is for the Town (and they used Town Manager) to actually approve the transfer. He expressed
the opinion that the paragraph is just meant to be for the first two-year period and after that point they would not have
the same process but it is really not written that way so the motion is appropriate.
Councilmember Elkie stated that as he understands it the way that the contract is written is if a Captain is going to
leave before the two-year term is up the Town Council has to agree to let the Captain leave before the two-year period
has ended.
Mr. McGuire advised that that is the way he thinks it was meant to be written but the way it is actually written the
Council has to approve the transfer, period -- it is not limited to the two-year period. He added that what they have
always done in the past is regardless of when the Council signs off, it has always been the Town Manager who makes
the appointment from the selected three.
Additional discussion took place relative to the contract language as written, the actual intent and the fact that this will
be the Town Manager's appointment.
Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
Captain Letourneau came forward and introduced himself to the Council and the citizens of Fountain Hills. He
emphasized that like Sheriff Arpaio and the rest of the Maricopa County Sheriff's Office, he takes community policing
very seriously. He said he believes that he and Mr. Buchanan have done very well communicating but it can always be
z:\council packets\2014\r141002\140904m.docx Page 11 of 11
better. He added that he wants to know what the community is saying and what questions they have. He stated that he
is very happy to have been assigned to Fountain Hills and pointed out that he has an extensive background in
community policing.
Mayor Kavanagh and members of the Council welcomed Captain Letourneau to the Town of Fountain Hills.
AGENDA ITEM #12 - 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 #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Councilmember Dickey announced that she and Councilmember Leger both received eight -year service awards at the
League Awards Dinner (Councilmember Leger was not present).
Mayor Kavanagh advised that at the next meeting she would like to talk about the League so if there are any seminars
or anything else that the Council would like to bring up, that would be the time to do it.
AGENDA ITEM #14 - ADJOURNMENT
Vice Mayor Yates MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 8:12 p.m.
TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
________________________________
Bevelyn 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 4th day of September, 2014. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 2nd day of October, 2014.
_________________________________
Bevelyn Bender, Town Clerk