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TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 18 2016
EXECUTIVE SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the Executive Session to order at 5:07 p.m. in the Fountain Conference Room - 2nd
Floor.
AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor
Henry Leger, Councilmember Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, and
Councilmember Cassie Hansen. Town Manager Grady E. Miller, Director of Development Services Paul Mood,
Chief Building Official Jason Field, Town Attorney Andrew McGuire, and Town Clerk Bevelyn Bender were
also present. Councilmember Alan Magazine was absent.
PURSUANT TO (1) A.R.S. § 38-431.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL
ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, AND (2) A.R.S. § 38 -
431.03(A)(4), DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY
IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE
PUBLIC BODY’S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF
NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT
DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY,
(i) THE MORNINGSTAR PROJECT AND (ii) THE PARK PLACE DEVELOPMENT AGREEMENT),
Councilmember Brown MOVED to go into Executive Session at 5:07 p.m. and Councilmember DePorter
SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present.
Mayor Kavanagh stated that the Executive Session would reconvene after the adjournment of the Regular session
and the Executive Session was recessed without objection at 6:25 p.m.
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:35 p.m. in the Town Hall Council Chambers.
* INVOCATION - is Father John LesCallett, Anglican Church of the Atonement.
* ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda
Kavanagh, Vice Mayor Henry Leger, Councilmember Nick DePorter, Councilmember Cecil Yates,
Councilmember Cassie Hansen, and Councilmember Dennis Brown. Town Manager Grady E. Miller,
Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present.
Councilmember Alan Magazine was absent.
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* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
Mayor Kavanagh read proclamation recognizing Jackie and Jerry Miles and all their contributions to the Town
and proclaimed February 20, 2016, as Jackie and Jerry Miles Day in the Town.
* MAYOR'S REPORT
i) Mayor Kavanagh may review recent events attended relating to Economic Development
Mayor Kavanagh reported meeting with GPEC’s CEO Chris Camacho to discussed GPEC resources available to
the Town along with assistance attracting businesses and he had noted that he enjoyed working with Scott
Cooper. Mayor Kavanagh stated she had also attended a MAG update meeting and was informed of some
legislature bills including transferring transportation sales tax money from MAG to help support the Arizona
Department of Revenue. Mayor Kavanagh reported that earlier in the day she had presented the “State of the
Town” report today at the Chamber of Commerce breakfast and that the video would be shown on the Town’s
website in the near future. She indicated that this was placed in the economic development report because the
State of the Town is a presentation of all town accomplishments and future plans and these are what potential
residents and business owners will be looking at to decide if this town is the place for them.
ii) PRESENTATION BY MCSO CAPTAIN DAVID LETOURNEAU REGARDING LAW
ENFORCEMENT’S USE OF BODY CAMERAS AND CHANGE IN DEPUTIES’ SHIFT
SCHEDULE HOURS.
Captain Letourneau utilized a PowerPoint presentation (available on-line and in the office of the Town Clerk) and
pointed out the camera equipment had excellent sound and high definition and worn by officers’ on their hat,
sunglasses or collar using a clip. He explained the reasons for the cameras were transparency, enforcement
incidents, and would lessen complaints since incidents were captured on video. Capital Letourneau stated the
video had the capability to roll-back two minutes before recording and capture what was sa id. He stated officers
use the “dock and walk” every evening and downloaded recorded video for that day, which places the video in the
“Cloud”. He added that the Sergeants would select and review for self auditing within the department.
Mayor Kavanagh asked how long the information was stored. Captain Letourneau answered for a misdemeanor it
was five years and for a felony, 12 years. Councilmember Yates asked why the officer’s used the stop and go
video system. Captain Letourneau responded mostly because of battery life. Mayor Kavanagh asked if the videos
were kept even if no crime was committed. He answered they were because of a possibility of a complaint or
when force issues arises. Mayor Kavanagh inquired about inappropriate footage and Captain Letourneau replied
at the official’s initial arrival victims could request not to be taped, but voice recording would continue. He added
that the suspect did not have a choice and added it was not a requirement for officers to announce that he was
videotaping.
Captain Letourneau continued with his presentation stating that staff could review the tapes, makes notes and
decided where the video needed to be forwarded to such as the courts or prosecutor who then decides who can
review the video. Captain Letourneau pointed out video cameras were not randomly recording juveniles in the
high school without a call for service, although the officer at the school had a camera, if needed. Councilmember
Yates asked if the crime rate was going up or down in town and Captain Letourneau responded that he did not
have crime statistics, but would provide the information to Council. Captain Letourneau commented that crime
was not rising in Fountain Hills except for speeding on Saguaro Boulevard.
Mayor Kavanagh asked about FOLIA requests and if there were any regulations as to those who could access the
officers’ videos. Captain Letourneau answered that staff could only release videos to the County Attorney who
can release them to defense attorneys. He believed that access to public records requests had not been completely
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addressed, but the Legislature was in discussions and he acknowledged that Senator Kavanagh was a proponent of
not allowing these types of requests to be easily accessible. Mayor Kavanagh added her concerns that witnesses to
a crime could be put in danger and that the public had expressed concerns if public requests were allowed to be
made for the videos of the inside of homes. Captain Letourneau predicted that staff would duplicate policy use in
other states as their action plan. Mayor Kavanagh noted that MCSO made their own rules and the Captain agreed.
Vice Mayor Leger asked if officers had the capability to edit film and what safe guards were in place. Captain
Letourneau explained neither deputies nor downtown staff had the ability to edit.
Captain Letourneau reported that deputies currently worked three/thirteen hour days per week and he stated that it
had been concluded that this schedule was unsafe and too long of a day, so a plan for officers’ was to work
four/10 hour days per week. He noted that these hours would be safer, less time on the job, and would not alter
the Town’s contract. Captain Letourneau pointed out that more staff would be available with this new schedule
and would add one additional squad. He added that most of the time the Town would have double squads on
duty. Captain Letourneau pointed out that before this could happen they needed to add one car and one more
Sergeant. Mayor Kavanagh suggested officers on bikes and Captain responded it had been talked about but first
deputies would have to be bike trained and certified.
CALL TO THE PUBLIC
D. W. “Will” Williams, a Fountain Hills resident, complimented the Town on the Avenue of the Fountain
strolling path, but wanted to point out a safety matter involving the west and east paths not having walkway
signage designation to reach the other side and noticed a lot of jaywalking. He also expressed concerns about the
Chamber not being current with new technology, policies and procedures along with the need to continually
review and upgrade to 2016 liability coverage. Mr. Williams pointed out the lack of validity of vendor’s claims,
fraud, and the need to update their applications along with checking data bases with neighboring Chambers.
Gordon Pittsenbarger, a Fountain Hills resident of 32 years, thanked Council for addressing issues with the
Environmental Fee, but noted his 11 unit condo property was billed at $396.00 where Target at 25,000 square feet
only paid $36.00. He requested Council look into the fairness of the fee. He continued that the Fire Inspection
fee he paid on his condo units was $165.00 versus Target’s $15.00 and suggested staff reference the Assessor’s
Recorders for square footage instead of number of units on a property to be fair. Mr. Pittsenbarger asked when
property owners would be refunded by the Town for collected Impact Fees and pointed out state government
required the Town to reduce the fee.
Mr. Miller remarked that last week Council gave staff direction to review the Environmental Fee and its
guidelines and stated he would be meeting with the Finance Director to discuss. He also mentioned that the Fire
Fee was reviewed a few years ago and the fee was reduced at that time from $35.00 to $15.00 and evaluated as
part of the budget process.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING MEETING MINUTES FROM FEBRUARY
4, 2016.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLCATION FOR THE AMERICAN LEGION POST 58 (ROBERT PUTNAM) FOR THE
PROMOTION OF A FUNDRAISER TO BE HELD AT THE AMERICAN LEGION POST, LOCATED
AT 16837 PARKVIEW DRIVE, FOUNTAIN HILLS, AZ FROM 10:00 A.M. TO 10:00 P.M. ON
THURSDAY, MARCH 17, 2016.
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AGENDA ITEM #3 - CONSIDERATION OF APPROVING A FAIR-FESTIVAL LIQUOR LICENSE
APPLICATION FOR DANCING APACHE RANCH (EARL ARTHUR PETZNICK, JR.) TO BE
LOCATED ALONG THE AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH THE
FOUNTAIN HILLS FINE ART AND WINE AFFAIR, FROM 10:00 A.M TO 5:00 PM DAILY, FROM
FRIDAY, MARCH 11, THROUGH SUNDAY, MARCH 13, 2016.
AGENDA ITEM #4 – CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR FOUNTAIN EVENTS, INC. (SAM COFFEE) FOR THE PROMOTION OF A
FUNDRAISER TO BE HELD AT FOUNTAIN PARK, LOCATED AT 12925 SAGUARO BOULEVARD,
FOUNTAIN HILLS, AZ, IN CONJUNCTION WITH THE ST. PATRICK’S DAY CELEBRATION,
FROM 10:00 A.M. TO 7:00 P.M. ON SUNDAY, MARCH 13, 2016.
AGENDA ITEM #5 – CONSIDERATION OF APPROVING A BUDGET TRANSFER IN AN AMOUNT
UP TO $1,500.00 FROM THE GENERAL FUND TO PREVENT FOR LOGISTICAL SUPPORT OF THE
FOUNTAIN HILLS MUSIC FEST.
AGENDA ITEM #6 – CONSIDERATION OF APPROVING A BUDGET TRANSFER IN THE AMOUNT
OF $20,000 FROM THE SPECIAL REVENUE FUND TO THE TOURISM FUND RELATING TO THE
GRANT RECEIVED FROM THE ARIZONA OFFICE OF TOURISM (AOT).
AGENDA ITEM #7 – CONSIDERATION OF APPROVING A COOPERATIVE PURCHASING
AGREEMENT WITH PFM ASSET MANAGEMENT, LLC, IN THE CUMULATIVE AMOUNT OF
$67,200, FOR INVESTMENT MANAGEMENT SERVICES.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember DePorter
SECONDED the motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Brown Aye
Councilmember Nick DePorter Aye
Councilmember Cecil Yates Aye
Councilmember Cassie Hansen Aye
Councilmember Alan Magazine Absent
Vice Mayor Henry Leger Aye
The motion CARRIED UNANIMOUSLY (6-0), by those present.
REGULAR AGENDA
AGENDA ITEM #8 - CONSIDERATION OF A REQUEST TO PLACE A PLAQUE HONORING
CARLOS HADAWAY AT THE FOUNTAIN HILLS VETERANS MEMORIAL OR OTHER TOWN
PROPERTY LOCATION.
Grady Miller explained the Town had received a request for approval to place a plaque honoring Fountain Hill's
resident Carlos Hadaway at the Veterans Memorial location. A letter from Sandi Thompson, Chair of the Public
Art Committee, supported the request as Mr. Hadaway was a veteran and significantly contributed to the town and
its history. He indicated that Sam Coffee, President of Fountain Hills Veterans Memorial was present this
evening and also supported the plaque with the following conditions:
i) The Committee would have final approval as to the size and layout of the plaque.
ii) The Committee would select the location for mounting the plaque keeping with its vision of the plaza.
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iii) The Committee would only approve one plaque because Mr. Hadaway made significant contribution
to the memorial and warrants recognition.
Mr. Miller pointed out that by approving this request it could create similar requests in the future and expressed
concerns that it might change the appearance of the grounds and the original intent. He added that an alternative
would be to display the plaque at Town Hall or another prominent location.
Sam Coffee, President of the Fountain Hills Veterans Memorial and a Fountain Hills resident, addressed the
Council and spoke in support and mentioned various drawings that Mr. Hadaway had contributed to the Town and
Veterans Memorial. He added because of Mr. Hadaway’s numerous contributions this request was unique and the
organization would not accept other requests for plaques unless they had made a very large contribution to the
construction and maintenance of the memorial. He continued that this was timely since Mr. Hadaway had a brain
tumor, had undergone surgery, and was taking radiation and chemo therapy. Mr. Coffee stated he was doing well,
but it was unclear as to his prognoses and by moving forward this would allow him to see the plaque and receive
well deserved recognition.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender responded that there were two.
Jack Combs spoke in support of the plaque for his friend and acknowledged additional contributions Mr.
Hadaway had made in the community.
Honorary Consul to El Salvador Enrique Melendez Fountain Hills resident and former Councilmember expressed
his respect for Mr. Hadaway and spoke in support of the plaque. He acknowledged the Town Council and many
others for their service and mentioned the attendance of his wife who also felt this was a very important project.
Mayor Kavanagh acknowledged that the Town had received a painting of the Grand Canyon from Mr. Hadaway
and it hangs in the Town Hall stairwell.
Councilmember Brown MOVED to recommend approval of the plaque placement and Councilmember Hansen
SECONDED the motion. The motion CARRIED UNANIMOUSLY (6-0, by those present).
AGENDA ITEM #9 – CONSIDERATION OF RESOLUTION 2016-04, ESTABLISHING THE
FOUNTAIN HILLS BUILDING SAFETY BOARD OF APPEALS, ADOPTING BYLAWS FOR ITS
GOVERNANCE, AND APPOINTING ITS MEMBERS.
Grady Miller explained that the Town had received an application to appeal a Building Code interpretation
(International and/or Universal Building Codes) by the Town’s Building Official to be heard by the Town’s board
of appeals, but the Town currently does not have one seated to hear building or fire code related issues. Staff is
requesting to establish a Board of Appeals, adopt its by-laws and appoint members to serve. Mr. Miller stated
that the Town’s Chief Building Official Jason Field and Director of Development Services Paul Mood are in
attendance and available to answer questions.
No speaker cards were submitted.
Mayor Kavanagh MOVED to approve Resolution 2016-04 and to appoint Mark Dohrmann, William Christenson,
Thomas Johnston, Wayne Delaware and Michael Lister, with each member to serve a three-year term on the
Board of Appeals beginning February 18, 2016 and appointing Leland Yoder, John Bercel and John French as
alternates, with each alternate appointee to serve a three-year term beginning February 18, 2016. Town
Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present.
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AGENDA ITEM #10 – DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE
BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
Mr. Miller stated that recently Council outlined a process allowing members to identify any legislation item in the
bulletin to be discussed at a Council meeting by notifying staff in advance using email so notification could be
made to the other Councilmembers. He added that Vice Mayor Leger had requested to discuss two items but
Councilmembers had not been notified in advance. Mayor Kavanagh pointed out that some Councilmembers may
not have had a chance to review the bulletin and that was the intent for advance notice and the process. Mr.
Miller apologized that he did not see her email concerning the rental tax that had moved on to the “Committee on
the Whole” and noted the Town had lost the opportunity to weigh-in. Mayor Kavanagh knew of no further
updates on this bill.
Vice Mayor Leger pointed out the two bills he requested had previously been discussed by Council. He stated
that Senate Bill SB1257 addressed miss conduct involving weapons in public places and prohibited cities and
towns from restricting fire arms from public buildings carried by concealed weapons permit holders unless
screening devices or security personal were in place. He noted previously because of cost the Town and League
had opposed the bill.
Vice Mayor Leger addressed Senate Bill 1266 (also having to do with fire arms), a repeat bill from last year
containing various penalties to political subdivision that had adopted an ordinance that was in conflict with the
state preemption on fire arms such as fines, termination of office and law suits. He added the League also
opposed this bill. He requested staff track both bills with possible Council discussion regarding writing a letter in
opposition.
Mayor Kavanagh spoke in support of Senate Bill 1257 noting that it had gone through major changes since last
time as many in the Legislature had issues with the bill since everyone in Arizona could carry a gun and the bill
opposed anyone walking into a building including people with conceal ed carry permits. She stated that the bill
was altered to allow those who held a concealed carry permit to be exempted as those permits require weapons
training, back-ground checks and renewal guidelines. Mayor Kavanagh noted if this bill passed there would be no
cost to the Town.
Councilmember Yates asked if a vote of the Council was needed to approve or oppose this bill noting that as it
stood, he supported the bill.
Vice Mayor Leger stated that this was a town issue and that he had heard from the parents of children expressing
they did not like their children around someone carrying a concealed weapon in our Town buildings and facilities.
He also mentioned Town staff and Law Enforcement was uncomfortable with concealed weapons brought into
buildings and Council meetings. Vice Mayor also commented that in its latest form the League still opposed the
bill.
Vice Mayor Leger MOVED to oppose SB1257 and request that staff send a letter of opposition. The motion
DIED for lack of a second.
In response to a question from Councilmember Brown, Mayor Kavanagh responded that at the State Capital a
metal detectors and guards were on site. Councilmember Brown stated he had mixed emotions; however, because
of the news reports that someone with a concealed weapon had saved lives he noted it can be a good thing, and he
commented that he planned to get a permit to carry as it was a citizen’s right.
AGENDA ITEM #11 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Items listed below are related only to the property or (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
(i) None.
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AGENDA ITEM #12- SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT
ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Mayor Kavanagh reported that the Mayor’s Youth Council spent the day at the Capital with Senator John
Kavanagh and shadowed the Senator as he spoke to reports, negotiated with lobbyist, and experienced a caucus
meeting along with a committee hearing on bills. The Youth Council had lunch on the lawn, courtesy of ASU,
and then travelled to MCSO headquarters for a tour with their Community Relations Director James Estrada who
explained MCSO’s history, tent city, the jail system, as well as the structure of the new building as command
center and 911 dispatch center. Mayor Kavanagh thanked Sheriff Arpaio and his staff, Senator Kavanagh, and the
MYC chaperones, Kaylin Pearce, as well as town staff Heather Ware, MYC coordinator, and Anjelica Giardino.
Mayor Kavanagh announced that she was participated again as a referee at the robotics tournament and noted that
several schools participated in the day-long event for future engineers.
Mayor Kavanagh congratulated Town resident, Peter Voiny for a successful 3rd Annual “Concours in the Hills”
event that included sponsor Barrett Jackson and former race car driver Bob Bondurant. The event featured 500
exotic cars and the Town was featured on Channel 10 and other outlets including car enthusiast publications. She
stated that all proceeds would go to the Boys and Girls Club. Mayor mentioned the “Love in the Hills” event and
thanked Stephanie Bjorkman, owner of Sami’s for the good publicity on Channel 5 for the Town regarding this
outstanding event that showcased the beauty of Fountain Hills.
AGENDA ITEM #13 – ADJOURNMENT (Regular Session)
Councilmember Yates MOVED to adjourn the meeting at 7:58 p.m. and Councilmember DePorter SECONDED
the motion, which CARRIED UNANIMOUSLY (6-0), by those present.
The Mayor indicated that the Council would now reconvene the Executive Session in the Fountain Conference
Room.
EXECUTIVE SESSION (continued)
The Mayor reconvened the Executive Session at 8:05 p.m. in the Fountain Conference Room – 2nd floor.
AGENDA ITEM #2 – ADJOURNMENT
The Executive Session was adjourned without objection at 8:44 p.m.
TOWN OF FOUNTAIN HILLS
By ___________________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
___________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive Session
held in the Fountain Conference Room - 2nd Floor, and Regular Session held by the Town Council of Fountain
Hills in the Town Hall Council Chambers on the 18th day of February, 2016. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 3rd day of March 2016.
_____________________________
Bevelyn J. Bender, Town Clerk