HomeMy WebLinkAbout2014.1218.TCRM.Minutesz:\council packets\2015\r150115\141218m.docx Page 1 of 11
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 18, 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 Ken Brown, Fountain Hills Presbyterian Church
* ROLL CALL
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Cecil
Yates, Councilmember Nick DePorter, Councilmember Dennis Brown, Councilmember Cassie Hansen,
Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney
Andrew McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR’S REPORT
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh reported that at the MAG (Maricopa Association of Governments) Economic Development
Committee meeting, there was a presentation on a study geared towards engaging retired adults in contributing their
expertise to the community. She said that the two most significant points made in the study, to retain interest in
volunteerism from retired adults, were to allow retirees to choose what they want to do and choose the amo unt of time
they wish to donate. She stated that she continues to pass along information to Heather Ware, the Town's Volunteer
Coordinator, so that they can benefit from these MAG studies to improve their volunteer program, which is a great
help in keeping their staff expenses down. She added that there was a report on Community Gardens by St. Luke's
Health Initiatives and explained that this organization works with communities to establish not only community
gardens but Farmer's Markets as well to create and sustain healthy food environments. She noted that they are a good
source of information for the Town since there are two Farmer's Markets in Town. The Mayor further stated that at the
MAG Regional Council meeting there was some lengthy discussion about a Census Test that they will be doing in a
select region of the County. She said that there were many questions from the Council on the validity of the test, the
questions being asked and the privacy factor. She noted that there were also major conce rns about using the data to
possibly redirect State Shared Revenue. She reported that the Census Bureau responded that this was only a test but
said that the Council still seemed a little uneasy about how this data could be used. The Mayor announced that
Phoenix will be adding five miles of light rail transit on Central Avenue from Washington/Jefferson to Baseline and
explained that the extension will be paid for with a % sales tax in Phoenix. She added that they were all assured that
all operational costs would be covered by the cities it will service. She said that it was important to make sure that
Fountain Hills' residents would not be covering the cost of construction of the light rail or operational issues, including
subsidies. She noted that the presenter could not tell them about the overall percentage of ridership in general on the
light rail lines but added that she did say that they have changed operation procedures so that they are now seeing
between 90% - 95% payment of fares on all lines. She pointed out that there has been quite a bit of fare evasion since
the light rail first started services and noted that through their taxes they do pay some of the cost of regional
transportation so it is reasonable to expect them to ensure that the ridership pays its fair share. Mayor Kavanagh
announced that at the request of the City of Glendale and Maricopa County, the MAG 208 Water Quality Management
Plan will be amended to include the West Valley Regional Water Reclamation Facility. She stated tha t some of the
questions raised by the Council concerned protection from contamination of Luke Air Force Base and added that she
was particularly interested in this segment since Epcor is involved in the project. In closing, the Mayor advised that
there was also support for the acceleration of the State Route 189 Project, which will relieve the huge bottleneck and
congestion coming out of the Mariposa Port of entry, to facilitate commercial truck traffic from Mexico. She reported
that they are expecting an increase of commercial truck traffic from Mexico from an average of 1,600 to 3,000 trucks
per day at the peak of the produce season 2015. She said that economically this is good for them since this new bypass
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will allow more produce to be shipped faster and, therefore, fresher and in greater numbers. She added that hopefully
that will ensure a lower price at the grocery stores for buyers.
ii) Presentation by Executive Director Ken Strobeck and Deputy Director Tom Belshe regarding the
Council/Manager Form of Government.
Ken Strobeck, Executive Director of the League of Arizona Cities and Towns, addressed the Council and highlighted a
brief PowerPoint presentation relative to the Council/Manager Form of Government (copy available on li ne and in the
office of the Town Clerk). Mr. Strobeck's presentation included the following:
* Local Government in Arizona
* Cities & Towns in Arizona
General Purpose Government
General Law vs. Charter Cities
Subject to Constitution & Arizona Revised Statutes
State Statutes & Local Activity
Matters of Strictly Local Concern vs. Matters of Statewide Concern
* City Government Principles
* Council-Manager Form: History
* Council-Manager Form: Mayor & Council
* Council-Manager Form: Managers
* Corporate Structures
* City Government
* Council-Manager Form: Attributes
Mr. Strobeck indicated his willingness to respond to any questions from the Council and stated that Deputy Director of
the League, Tom Belshe, would now address them.
Mr. Belshe addressed the Council and advised that he, Mr. Strobeck and the League all agree that when the Council
and staff know their roles and are committed to those roles things go very smoothly in the community, the right kind of
decisions are made and the cities/towns are able to conduct their business in a manner that can be trusted by the
community. He noted that this also makes staff feel secure and they know what they can do so it makes for a better
system all the way around. He noted that members of the Council are part-time professionals who have jobs and that is
one of the reasons why they are chosen to be the policy makers of the community -- they all have things that they are
involved in throughout the community and other interests, this is not how they make their living -- they make their
living another way and may even be retired and people elect them for their experience, character and leadership. He
added that that is why policy making is their area.
Mr. Belshe discussed the different responsibilities carried out by the members of the Council (budget, General Plans,
Zoning Maps, hiring professional management, etc. – noting that they set visions and goals for the community); the
increasingly difficult responsibilities that the Managers are faced with carrying out and the importance of ensuring that
they have the specialized training needed to comply with ever -changing laws and requirements and administer their
duties; training provided by the League; the fact that it would be extremely difficult for a member of the Council to
keep up with the extensive training that is required; the fact that this form of government is a protection for those who
serve; the fact that the Councilmembers can be subject to recall and removed by the citizens who are ultimately their
bosses (and they can remove the Manager with a majority vote to do so because they are ultimately that person's boss
so a checks and balances system is in place); the fact that the Manager carries out the Council's policy positions (the
Manager provides policy alternatives but does not make policy); and the attributes of Council-Manager form of
government.
Mr. Belshe advised that the Council-Manager form of government is efficient, effective, accountable, and protects the
members of the Council in carrying out their duties as policy makers for their Town. He indicated both his willingness
and Mr. Strobeck's willingness to respond to any questions from the Council and thanked them for the opportunity to
address them.
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Vice Mayor Yates stated that since Mr. Strobeck and Mr. Belshe are currently before the Council he would like to
bring up the TPT (Transaction Privilege Tax) and how it affects the Town but said he would hold off discussing that
pending any questions regarding municipal operations.
(At this time, Town Attorney Andrew McGuire recommended that a motion be made to move Agenda Item #11
forward, Summary of Council Requests and Report on Recent Activities by the Mayor, Individual Councilmembers
and the Town Manager, so that Vice Mayor Yates could discuss this issue under the appropriate Agenda Item.)
Vice Mayor Yates MOVED to have Agenda Item #11 be brought forward at this time and Councilmember Magazine
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #11 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
(This item was moved forward to allow the Vice Mayor to make his remarks and request information and additional
comments from the Mayor and a member of Council are listed under Agenda Item #11.)
Vice Mayor Yates reiterated that since Mr. Strobeck and Mr. Belshe are currently before the Council, he thought this
would be a good opportunity for them to provide a brief update on the TPT with regard to sole proprietorship and
buying a product outside of the Town and actually doing the work in the Town and how this specifically affects the
collection of taxes in Fountain Hills.
Mr. Belshe advised that the construction industry has made it clear that they are going to run a bill to clarify several
things about the newest changes that came out of this continuing reform of the sales tax system, as they like to refer to
it. He noted that the biggest problem that the construction community has is that a lot of them are confused about
when a sole proprietor is just a repair/maintenance person and when they fall under the construction category. He said
that the League thought that they were very clear with the wording that now exists in State Statute but noted that the
Department of Revenue came out with some interpretations that both the construction community and the cities and
towns have great concerns with. He stated that there is a group of people who are very small -- repair/maintenance
contractors -- they are not new construction, they are not plumbing a new home, perhaps they are repairing a garbage
disposal. He added that they perform a very specific group of activities and explained that those people will n o longer
have to be licensed and they will simply purchase their materials at a local retailer and if they are working in Fountain
Hills, they may not make the purchase in Town and they will pay retail tax where they make their purchase. He further
stated that there is a much larger, more important group consisting of contractors that are subs so sometimes they do
that repair/maintenance work and sometimes they are involved in actual construction activities. He said if they are
doing construction activities and there are contractors who are always involved in construction activities then nothing
will change for them and it will be the same as it has always been (the 65-35 split will remain the same). He added
that there is also that group in the middle that are hybrids and sometimes they are subcontractors and other times they
work in just the repair/maintenance atmosphere. He noted that the League decided to treat them as hybrids because
that is what the construction industry would like to see. He advised that the Vice Mayor asked him prior to this
meeting when members of that hybrid group are performing repair/maintenance work and when is it considered
construction work and stated that the League is still working on that so there is no question about what they mean this
time when they put the language into the Statute. He added that if the work falls under the repair/maintenance
category and the workers are doing the work in Fountain Hills but purchasing their materials in Mesa, in accordance
with the idea that the League is pitching those people would be treated as retailers (i.e. they purchase some parts and
they take the total of those parts and add on the sales tax rate that exists in Fountain Hills and remit that to the
Department of Revenue in the Town's name so that would be revenue that the Town would receive). He noted that if
they are doing actual construction work then they would pay the way they always have. He advised that if a contractor
ever needs to be licensed because they are doing subcontracting work then that is the bright line as far as the League is
concerned -- if they are doing that and they have to be licensed and they go in and do repair/maintenance, that triggers
them having to be a retailer.
Mr. Belshe further advised that the audit portions of this are going quite well and they have started training the auditors
and all audits will be done under the auspices of the Department of Revenue although for multi -jurisdictional projects
only cities and towns have to get permission from the Department of Revenue to conduct an audit. He clarified that if
it is a city or town only then the Department of Revenue is likely to give permission to the municipality to use their
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auditor to conduct the audit. He stated that they are working on how they together decide which companies are going
to be audited and which are not and those discussions are going very well. He discussed the automation of the
remittance of sales tax, which is the whole reason why they have had to have a delay, and said that the Department of
Administration has become involved in the project and just today they received an outline from them and the League is
confident that if they can hit all of the marks (they have milestones and specific tasks that are listed in a ch art) then
they will be ready to go in 2016. He commented that the League is very hopeful at this point that that will happen but
if they start to get into trouble they are going to let the cities, towns and the Legislature know right away. He added
that now that they have a plan they feel much better about it.
Councilmember Brown said if repair man "A" lives in Fountain Hills and he is a repair man on a daily basis and
doesn't have a business license, which very easily could happen, how in the world would they ever trace their taxes.
He noted that he is a general contractor and advised that the Transaction Privilege Tax (TPT) is one of the biggest tax
messes that he has ever experienced in his life and now it has been convoluted, stretched out, mixed up and poured out
and makes even less sense today, especially at the repairman's level. He questioned why they are even messing with it.
Mr. Belshe replied that unfortunately that was a fight that they lost at the Legislature and this is the direction in which
the industry wanted to go and they conducted a task force and over the last three years already they determined that
this is the direction they want to go in. He added that they feel that if they are small and doing repairs then having to
be licensed and pay that tax when they could just pay the tax to the retailer was just too much for their small operations
to handle.
Councilmember Brown commented that it certainly isn't the League's fault or problem and said that he followed this
issue through the Town Attorney for some time and knows that it was a mess and it is still a mess and if Mr. Belshe
can straighten it out then he is a genius.
Mr. Belshe advised that the League has gained a much better working relationship with the Department of Reve nue
and a greater understanding of each other's issues so he thinks that is going to help but it is going to take a while and
will continue for some time into the future.
There were no additional questions from the Council and Mayor Kavanagh thanked Mr. Strobeck and Mr. Belshe for
their informative presentations and said that the Council really appreciates their attendance this evening.
CALL TO THE PUBLIC
Town Clerk Bevelyn Bender advised that there were two citizens who wished to speak under this agenda item.
Charles Vascellaro addressed the Council and said that the Town belongs to the people and the members of the
Council are elected to represent all values. He stated that he heard a rumor that a new Town Councilmember want s to
have a Town Secondary Property Tax and added that it is funny that the first thing this new member wants to do is
create a new tax to burden the citizens and business owners. He commented that they elect new people with the hope
that they will come up with new ideas to help the Town grow and also make it business friendly. He reported that
Scottsdale's tax is 7.95% and Fountain Hills' is 8.9%. He said that once a tax like this is approved, the taxpayers will
never have a say about that tax again and the Council can raise the tax 2% a year every year if they want to forever.
He pointed out that the citizens of the Town have voted down such a tax three times and the last time by almost a two -
thirds vote and asked what part of the word no is not being understood. He added that the Town Councils and Town
Managers of the last six years have learned how to keep the Town's budget lean and mean and they still have made
many improvements. He said that construction and retail sales have started up again as t he recession comes to an end
and expressed the opinion that there is no need for this tax. He noted that they have already approved $10 million in
school bonds, $8 million in road repairs and their property taxes will go up as assessed valuations increase . He also
referred to the new higher water bills that the residents are paying and questioned why anyone in the Town would vote
for this tax. He urged the Council to represent the people and reiterated that three times they have spoken and voted
down a new tax.
Lina Bellenir addressed the Council and advised that last night their Community Center was the site of a community
meeting that was invaded by bull horn carrying illegal aliens bused into their community by the ACLU and encouraged
by left-wing liberals. She said that they were rude, crude and insulting and they slovenly disrespect ed the building by
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changing their children's diapers on the floor leading into the meeting room. She added that they threatened to "get"
certain individuals, even stating, "We know where you live." She stated that they chanted and criticized America at
the end of the meeting, shouting derogatory remarks accusing their community, Sheriff Joe and the law enforcement
community of racism. She advised that she witnessed several children encouraged by their parents to be openly
disrespectful and some to insult the Sheriff by calling him "the biggest criminal in the United States." She pointed out
that this was after the Sheriff politely shook their hand and gave them a keepsake. She added that these illegals did not
come to hold an honest dialogue; they came to disrespect and create chaos with the apparent support of the Federal
Monitor. She noted that the Mayor was present at the meeting last night as well as one former Mayor, two former
Councilmembers, the Sheriff and law enforcement but questioned why there were no current Councilmembers present
and questioned if they were aware of that important meeting. She also questioned why The Fountain Hills Times was
not present and stated that last night's event, coupled with the Gay & Lesbian display of a few weeks ago and the firing
of an admired teacher, has stripped this community of its peace and tranquility. She added that the community has
been violated and it will never be the same and there will be more of these vulgar displays if they do not unite as a
community and fight against the abhorrent behavior, abuse of power and Federal discrimination of their Sheriff.
Mayor Kavanagh thanked the speakers for their comments.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM DECEMBER 4, 2014.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A COOPERATIVE PURCHASING
AGREEMENT WITH URBAN ENERGY SOLUTIONS, IN AN AMOUNT NOT TO EXCEED $56,57 6.06,
FOR THE PURCHASE AND INSTALLATION OF A BACNET ENERGY MANAGEMENT AND CONTROL
SYSTEM.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING CONSTRUCTION CONTRACT C2015-145
WITH SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT (SRP), IN
THE AMOUNT OF $242,333.28, FOR THE RELOCATION OF SRP FACILITIES IN CONFLICT WITH
THE SAGUARO BOULEVARD RECONSTRUCTION.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING PROFESSIONAL SERVICES AGREEMENT
C2015-128 WITH WOOD PATEL AND ASSOCIATES, IN THE AMOUNT OF $399,200 FOR
CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE SAGUARO BOULEVARD
RECONSTRUCTION PROJECT
Councilmember Brown MOVED to approve the Consent Agenda as listed and Vice Mayor Yates SECONDED the
motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Alan Magazine Aye
Councilmember Dennis Brown Aye
Vice Mayor Cecil Yates Aye
Councilmember Cassie Hansen Aye
Councilmember Nick DePorter Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY (7-0).
In response to a question from Councilmember Magazine, Mayor Kavanagh clarified that no discussion takes place on
the Consent Agenda items unless an item is pulled off of the Consent Agenda and placed on the Regular Agenda.
REGULAR AGENDA
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AGENDA ITEM #5 - CONSIDERATION OF ACCEPTING TWO SCULPTURES TITLED, "GEORGE
WASHINGTON" AND "THOMAS JEFFERSON" FOR PLACEMENT IN FOUNTAIN PARK.
Community Services Director Mark Mayer Addressed the Council relative to this agenda item and advised that
included in the Council's packets are copies of a letter from the Chair of the Public Art Committee, which details the
two pieces. He noted that "George Washington" and "Thomas Jefferson" are both life size bronze sculptures created
by Colorado artists George and Mark Lundeen and are being donated by local residents. He pointed out that a
fundraising campaign is currently going on. He stated that the Public Art Committee has requested that the Town
agree to accept and place them on public display in Fountain Park. He reported that the pieces are valued at $80,000
and the cost to insure the pieces will be $344 annually. He displayed pictures of the art pieces (copies of which are
available on line and in the office of the Town Clerk) and said that the intent i s to place them in the southwest corner
of the park where the other Presidential art pieces have been placed. He said that Sandi Thompson had to leave the
meeting earlier.
Mayor Kavanagh stated that she understands that the Public Art Committee has almost reached their goal.
Councilmember DePorter commented that last night he attended the FHCCA board meeting and they are almost at
their goal and it never ceases to amaze him how quickly they can raise the $80,000 for this. He added that he thinks
the pieces will be a valued addition to the area.
The Mayor made the comment that it has become "Park Rushmore."
Councilmember Magazine MOVED to accept two sculptures titled, "George Washington" and "Thomas Jefferson" for
public display in Fountain Park and Vice Mayor Yates SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #6 - CONSIDERATION OF A SPECIAL EVENT APPLICATION AND CO-SPONSORSHIP
FOR THE CONCOURS IN THE HILLS EVENT PRESENTED BY PETER VOLNY AND THE BOYS AND
GIRLS CLUB OF GREATER SCOTTSDALE, TO BE HELD AT FOUNTAIN PARK ON SATURDAY,
FEBRUARY 7, 2015, WITH A RAIN DATE OF SATURDAY, FEBRUARY 14, 2015.
Recreation Supervisor Rachael Goodwin addressed the Council relative to this agenda item and advised that the
Council's packets include copies of screen shots of the website for this event (presentation available on line and in the
office of the Town Clerk). She noted that the event was scheduled for February 7, 2015, in Fountain Park from 10:00
a.m. until 2:00 p.m. and reported that last year approximately 220 vehicles participated and this year they are on track
to have over 300. She added that last year they had a crowd of over 3,000 in attendance and this year they are
anticipating over 5,000 attendees. She noted a number of the ultra-high performance exotics, American,
British and German sports cars, American muscle cars and pre-war classic automobiles that participate in the event.
In response to a question from Mayor Kavanagh, Ms. Goodwin confirmed that the event is free for all attendees, both
residents and non-residents.
There were no citizens wishing to speak on this agenda item.
Councilmember Magazine stated that he is in favor of waiving the fees for the event and asked whether the Town has a
policy in place relative to when fees can be waived and when they are not.
Ms. Goodwin responded that there is a policy in place that was adopted this past August and advised that the policy
indicates that the event organizers need to be affiliated with a non-profit and in this case it is the Boys and Girls Club
of Greater Scottsdale. She confirmed that organizers not affiliated with a non-profit would pay a fee and noted that the
fee is part of the fee structure that is proposed by staff and adopted by the Council every budget year. She added that
there are two sets of fees, one for for-profit events and one for non-profit events should they decide not to request a
waiver.
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Councilmember Leger MOVED to approve the Special Event Application and Co-sponsorship for the Concours in the
Hills Even on Saturday, February 7, 2015 and Councilmember Brown SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #7 - PUBLIC HEARING REGARDING ORDINANCE #14-07, A TEXT AMENDMENT TO
THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS,
SECTIONS 6.08.B.13 AND 6.08.D.3. THE AMENDMENTS EXTEND THE EXPIRATION DATE TO
DECEMBER 31, 2015 FOR A-FRAME SIGNS AND BANNERS FOR SPECIAL SALES EVENTS. CASE
#Z2014-05
Mayor Kavanagh advised that there will be one staff report for Agenda Items #7 and #8.
The Mayor declared the public hearing open at 7:31 p.m.
Senior Planner Bob Rodgers addressed the Council relative to this agenda item and briefly reviewed the Staff Report
(copy available on line and in the office of the Town Clerk). He referred to Sections 6.08.B.13 and 6.08.D.3 (Fountain
Hills Zoning Ordinance, Chapter 6, Sign Regulations) and said that the current Sign Ordinance was adopted in 2009
and these two sign types were typically given annual expiration dates to December 31st. He added that in 2012 the
Council agreed to a two-year extension to December 31, 2014 and that is why they are here this evening. He showed a
slide that depicted the various extensions that have been granted by Council and said that this year's request is similar
to past requests with a one-year extension from December 31, 2014 to December 31, 2015. He said that staff was
directed by a previous Town Manager to be lenient during these past couple of years, let things go and see how these
two ordinances work (A-Frame Signs and Banners for Special Sales Events). He reported that this has resulted in
continued poor compliance regarding A-Frame Signs. He advised that staff is requesting a more pro-active approach
in the future if Council decides tonight to grant the extension. He said that there has been no real difference in A -
Frame Sign compliance and in fact it is slowly getting worse (compliance is currently at about 20%). He added that
Banner compliance is gradually getting better and has become relatively manageable (compliance is a little over 60%).
Mr. Rodgers informed the Council that staff feels that five years is enough time to assess the business community's
ability to self police and abide by the A-Frame ordinances and it is apparent that they can't do that. He added that the
businesses community has, however, begun to embrace the Banner provisions and should probably be allowed to
continue for another year. He noted that the Planning & Zoning commission recommended an additional stipulation
that the compliance rate for A-Frame Signs be flipped to 80% compliance rather than 80% non-compliance this year or
the extension next year should not even be considered. He pointed out that Draft Ordinance #14-07 lists all of those
changes including Planning & Zoning's recommendation/added stipulation and that is also in the Council's packets. He
further stated that staff recommends that the Council approve both the expiration extensions for one year until
December 31, 2015 subject to the additional stipulation that Planning & Zoning recommended and that Code
Enforcement staff be authorized to enforce the regulations a little more strictly.
Mayor Kavanagh advised that she attended the Planning & Zoning Board's meeting and she heard a lot of discussion
there and she knows they kind of passed this reluctantly because they were disturbed by the amount of non-compliance
and she was too. She said that she spoke to staff in reference to how they handle dog and business licenses because
she talked to some of the business owners who know that it is only $5.00 for the sticker and they know the size of the
A-Frame Sign they should be using and they also know where they should be placed (there is no excuse for not doing
so). She added that as far as the sticker they said they got busy and forgot. She stated that she was wondering if the
Council might consider some sort of notices, either in the form of robo calls or actual mailed notices, just like they d o
for dog licenses (they do a renewal notice and then if necessary they do a follow up for those who haven't paid and
then a robo call). She reported that staff has advised that the robo calls actually work the best. She expressed the
opinion that they have to do something else besides send Code Enforcement personnel out.
Mr. Rodgers pointed out that in order to get robo calls for A-Frame Signs the businesses would have to be in the
system so they will have had to have gotten a permit at least once.
Mayor Kavanagh commented that she is just trying to achieve more compliance, assuming that they are forgetting.
She asked whether there were any violations on the digital boards and Mr. Rodgers stated that they are not part of this
permit but no there were no violations.
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Councilmember Brown advised that in 2013 the number of A-Frame permits issued was 59 but unfortunately there was
no survey that year and that was the most permits ever issued and if you look at the Banner permits in 2013 there were
actually more permits issued than the Banners displayed the year before. He asked whether there was any explanation
for this.
Mr. Rodgers responded that a lot of people are coming in and asking about the Banner permits and they seem to be
much more manageable. He noted that they loosened up the Banner regulations to allow for the more promotional
banners to go up so people are beginning to understand that the Town does let them have those banners if they come in
and get the permits so they have been doing that.
Councilmember Brown pointed out that in 2013 39 Banner permits were issued and in 2014 they had 17 and 28
displayed with 11 violations. He stated that if they could figure out what prompted the permits that were issued in
2013 to be almost greater than the number of actual signs and banners displayed, they might be able to find a sensible
solution to the problem.
Mr. Rodgers said that his expectation would be that enforcement in 2012 is what prompted the 2013 compliance (they
had enforcement then but it was slack -- that was after they had 77% non-compliance).
Councilmember Brown noted that the definition of insanity is doing the same thing year after year after year and
expecting a different solution and so far he is not seeing any of this and he certainly does not have any
recommendations for staff or the Council on how to resolve. He added that it is a shame that when they had them off
the streets they let them put them back on.
Mayor Kavanagh asked if they all expire the same time and Mr. Rodgers said yes, it is an annual expiration at the end
of each year (December 31st).
Councilmember Leger commented that he is certainly in favor of extending this for another year under the conditions
that have been stated. He pointed out that they do have an enforcement policy and he would strongly recommend that
they begin enforcing that policy and noted that this is being recommended by staff as well. He said that when they
look at the numbers provided by Mr. Rodgers they are quite revealing -- of the 104 violations that were reported, 77 of
those were related to either signs not having permits or having outdated permits. He stated that he agrees with the
Mayor in that they probably need to look at that particular process. He added that he would like to sugg est that in
addition to the staff's recommendations that they also place as part of their motion a stipulation that staff has 90 days
for example to come back with a recommendation in terms of enhancing permitting. He noted that in essence the 77
violations consist of signs that don't have permits and are completely illegal and others that have permits but they are
outdated. He advised that he had an opportunity to speak with staff today and they do have a process in place today --
they use the Munis System annually for notifying businesses that they need to renew their business licenses. He said
that if they could dovetail onto that and have an additional criteria on there, for example, "Do you currently have an A -
Frame" and if they do the annual business license is $35.00 and if they indicated that they have an A-Frame sign they
would be charged an additional $5.00. He pointed out that it would go along with this annual process that they engage
in with re-establishing businesses licenses.
Councilmember Leger further stated that anyone who has history of the Town knows that the permitting fee doesn't
even cover the Town's costs and the reason for that was education -- it was an opportunity for people once a year to
come back, go to the counter and receive education. He expressed the opinion that that is not a user-friendly process
and he would like to see a different system in place. He added that if they could tag this along with the business
license renewal process, when they are sending back the business license they could attach bullet points that indicate
some of the requirements. He stated that he agrees with Councilmember Brown in that if they always do what they
have always done they will always get what they have always got and he thinks that enforcement is really going to
help with the issues. He said that permitting will always be an inconvenience for businesses. He recommended that
they give staff some time to come back with a recommendation for how to deal with permitting and he just use d a
specific example that he believes would be user friendly and not burden staff.
Councilmember Magazine advised that all of them whether they were members of the SPAC (Strategic Planning
Advisory Commission) or this Council they are very much in favor of economic development and want to see more
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businesses in Town and the retail establishments become extremely successful. He stated that he is concerned that
apparently the Town has a reputation of not being business friendly and h e has heard this from a lot of people but he
has never heard any specifics and he would like to hear them. He noted that he is in favor of Planning & Zoning's
recommendation but with some trepidation. He expressed the opinion that the A-Frame Signs do nothing to enhance
the beauty of their Town and he doesn't know whether they work. He said that he has talked to several store owners
and managers and what he got in response was a very wishy-washy "well, we kind of think they help." He stated that
he doesn't think they will ever be able to measure that but it is an issue. He pointed out that they have one Code
Enforcement Officer and asked whether they can really expect one person with that kind of workload in a Town of
23,000 to go around to the numerous retail establishments -- can one individual really have an impact on bringing
about any change? He added that he agrees with the other Councilmembers who have said that doing the same thing
over and over again is just a big waste of time. He stated that he also wonders whether the Chamber has been involved
in any way -- has staff called upon the Chamber to be active with regard to trying to impress upon their membership
the importance of complying with signage regulations?
Mr. Rodgers responded that that is one of the things that the Chamber said that they would do when the ordinance was
adopted and at least get their membership up to speed on this. He added that they were provided with a number of
fliers and things like that but there haven't been any meetings with them since then.
Councilmember Magazine advised that he would suggest that staff follow up with the Chamber as well as the Business
Alliance and tell them how important this is. He stated that he assumes that Council is going to approve this for one
more year with the stipulation placed on it by Planning & Zoning and he thinks they have to know that this is pretty
serious and regulations are passed for a reason. He said he thinks that both of those organizations could do a whole lot
more than they have apparently done.
Mayor Kavanagh commented that as they all know, the Chamber has a new Chief Executive Officer and she has met
with him several times and he seems extremely willing to help. She added that she thinks it is a really great s uggestion
that they reach out to Scott and John from the Business Alliance. She asked whether there are other staff members
who assist Roy in his enforcement efforts.
Mr. Rodgers replied that there are a few other people who are authorized Code Officers -- an Engineering Officer, a
Building Code Officer -- and they are all authorized as Code Officers but they have their own little specialties. He
stated that they could be part of a task force for a couple of weeks to help out and do that.
Mayor Kavanagh asked whether three months would be an adequate time for staff to get up to speed on this as
recommended by Councilmember Leger and Mr. Rodgers responded probably.
Councilmember Leger clarified that he suggested three months to come back with a recommendation and added that he
thinks it is important because when they really look at this and how large the problem is, 75% of it is with permitting
and if they can automate that then they can reduce the amount of staff time spent on this. He said that he will give the
benefit of the doubt to the business owners and say maybe the current process of having to come in is not that business
friendly. He added that perhaps staff will come back in three months and tell the Council how perhaps they can
dovetail the automated business license renewal process which runs pretty smoothly.
Mayor Kavanagh advised that she knows staff is working on ways to improve that and added that one staff member
said that they are working on the robo calls that now will go out a couple of weeks before anything is due so that they
get a head start on a reminder that their business license or dog license is coming up for renewal rather than waiting
until afterwards.
Councilmember Magazine stated that he is a little concerned that with one Code Officer and the possibility of a few
others helping out and asked what does that mean that they won't be doing (carrying out their regular responsibilities).
He pointed out that he doesn't have a real feel for all of their responsibilities and if t his is just a one-time sweep then it
is certainly worth doing but if it requires ongoing vigilance it probably will mean that people are not doing some other
things that they need to be doing particularly with a small staff.
There were no citizens wishing to speak on these agenda items.
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Councilmember Hansen commented that having been on the most previous Sign Committee there were a number of
business owners who really spoke to how they personally saw that A-frames helped their business -- by the ability to
put out daily specials for example, they had a lot of good examples of how this had a positive impact. She stated that
hopefully with Mr. Rodgers’ help they will start getting the word out there that enforcement, which was relaxed for
quite some time, is no longer going to be relaxed; she doesn't think it will take a lot of people having their signs picked
up or being fined to get the word out in the community and the business community that they need to start being a little
more careful because the Town is starting to enforce the ordinance. She further stated that if they have an ordinance in
place then it is their responsibility to enforce it regardless of staff numbers. She added that as Mr. Rodgers said, some
of the others can double task and if they are out and they see a violation, it is not a big production to just pay a call on
the business owner and start being a little more out in the community.
Mayor Kavanagh also stressed the importance of being fair to the members of the business communit y who are
complying and say it is not fair that they are following all of the rules and no one else is so why should they bother
doing it so then they start losing more and more people who are complying.
Councilmember Brown advised that they continually hear that the Town of Fountain Hills is business unfriendly and
said that he thinks they are one of the most business friendly towns in the State of Arizona. He pointed out that they
reach out to their businesses, help them, watch out for them and attempt every time to do what is best for them. He
reported that he has 2,080 hours logged on sign committees over the last ten years and so far they have not resolved the
A-Frame Signs. He added that they are not a business unfriendly Town and they need to stop talking about it, quit
publishing it and start turning that statement around to "Hey listen, we are a business-friendly Town and we are
working with our people and we want you to come to Town." He recommended that they turn that one comment
around. He stated that as far as the A-Frames Signs, he agrees with the Mayor that they should not be punishing or
shaking their fingers at the guys who are truly doing it right -- they need to be enforcing their ordinance, it is the law
and they need to turn it around.
Mayor Kavanagh declared the public hearing closed at 7:54 p.m.
AGENDA ITEM #8, CONSIDERATION OF ORDINANCE #14-07, A TEXT AMENDMENT TO THE TOWN
OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS, SECTIONS 6.08.B.13
AND 6.08.D.3. THE AMENDMENTS EXTEND THE EXPIRATION DATE TO DECEMBER 31, 2015 FOR
A-FRAME SIGNS AND BANNERS FOR SPECIAL SALES EVENTS. CASE #Z2014-05
For discussion of this Agenda Item please see Agenda Item #7 above.
Councilmember Leger MOVED to approve staff 's recommendations including Planning & Zoning's recommendations
to adhere to enforcement policy or existing policy and also add a stipulation that staff comes back with a
recommendation for the Council regarding revising, enhancing or streamlining the permitting process and
Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - 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 advised that he had nothing to report on at this time.
Mayor Kavanagh commented that it was great to have Mr. Strobeck and Mr. Belshe come out to the Town of Fountain
Hills and answer some of their questions.
AGENDA ITEM #10 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
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AGENDA ITEM #11 - SUMMARY OF COUNCIL REQUESTS AND REPAORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
THIS ITEM WAS MOVED AND DISCUSSED PER THE VICE MAYOR'S REQUEST/MOTION AND APPEARS
ON THE AGENDA FOLLOWING SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS. ADDITIONAL
REMARKS BY OTHER COUNCILMEMBERS FOLLOW BELOW:
The Mayor advised that she and Councilmember DePorter shared a meeting, the Volunteer Coffee and asked if he
wanted to present some remarks.
Councilmember DePorter stated that Heather Ware put on the Holiday Volunteer Coffee and stated that it was
fantastic. He noted that it was well attended with all of th e volunteers, the different drivers for the Town and all of the
different volunteer organizations. He added that it was really well done.
Mayor Kavanagh advised that she went to the Volunteer Coffee where she was the speaker and pointed out that it was
a question and answer session about what is going on in the Town. She further stated that she attended the Chanukah
celebration of Chabad of Fountain Hills with her husband, John, for the lighting of the first candle. She stated that they
were both honored to be invited again and there were lots of kids there, which is always wonderful and they enjoyed
the delicious homemade food. She added that she was also the speaker at the Noon Rotary and gave them an update
on the Town. She explained that Noon Rotary is responsible every year for the Poinsettia tree and the sponsor the bell
ringers in front of the grocery stores. She noted that she will be out again ringing the bell on Saturday morning at
Bashas at 10:00 a.m. She noted that last year she got a pretty full bucket so whatever few coins anyone can spare will
help people right here in their community. She encouraged them to stop by, say hello and tell her how things are going
for them this season. She added that on behalf of the Town Council she wanted to wish everyone a Merry Christmas, a
wonderful Chanukah week and a Happy New Year.
AGENDA ITEM #12 - ADJOURNMENT
Vice Mayor Yates MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:58 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 18th day of December, 2014. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 15th day of January, 2015.
_____________________________
Bevelyn J. Bender, Town Clerk