HomeMy WebLinkAbout2016.1117.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 17, 2016
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6.31 p.m. in the Fountain Hills Town Council Chambers.
INVOCATION — Julie Orwin, Beth Hagivot Congregation
ROLL CALL -
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick
DePorter, Councilmember Dennis Brown, Councilmember Cecil Yates, Councilmember Cassie Hansen,
Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady E. Miller, Town Attorney
Andrew McGuire and Acting Town Clerk Nancy Walter were also present.
* MAYOR'S REPORT
THE MAYOR WILL READ A PROCLAMATION DECLARING NOVEMBER 19, 2016, "BACK THE
BADGE DAY" IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line and in the office of the Town Clerk) declaring
November 19, 2016, "Back the Badge Day" in the Town of Fountain Hills and explained that Mayor Michael
LeVault of Youngtown, Arizona had challenged Fountain Hills to follow their community in this
acknowledgement. Mayor Kavanagh noted the partnership between the Town and Lina Bellenir and others in
thanking the Town's public servants with T-shirts and creating a blue fountain in their honor. Ms. Bellenir and
Phyllis Kern expressed their appreciation to the Council and mentioned forthcoming activities planned for the
Town. Fire Chief Dave Ott and Captain Dave Letourneau were presented with shirts.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO
ECONOMIC DEVELOPMENT.
ii) ECONOMIC UPDATE BY ECONOMIC DEVELOPMENT DIRECTOR SCOTT COOPER.
Mayor Kavanagh introduced Economic Development Director Scott Cooper who presented an update and information
included in a PowerPoint presentation (available on line and in the office of the Town Clerk).
Mr. Cooper stated that over the last year job creation, average salary and capital investments were down somewhat for
the state and the Greater Phoenix Economic Council (GPEC) reported for jobs created, company locates and capital
investments were higher making this a good year for GPEC. Mr. Cooper pointed out the Town had received two new
commitments from a microbrewery and a healthcare project and added that the healthcare project would involve a
24,000 square feet facility, opened 24 hours, seven days a week and proposed to open early 2018 with a projection of
100 new jobs in the professional medical field. Mr. Cooper also noted that "Prevco Subsea" was looking to add
additional engineering jobs and that Brokers Alliance also added 29 new jobs and needs 20 more to trigger a 10,000 sq.
ft. expansion. Recently, Bealls added 20 new jobs and FH Dialysis brought in 12 new jobs.
Mr. Cooper explained that approximately 8,000 residents leave Fountain Hills everyday to work, with approximately
3,000 coming into Town to work and approximately 1,200 people that work and live in Fountain Hills and would like
to reduce the outgoing number and bring more workers to live and work in Town.
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Mr. Cooper pointed out that by the first quarter of 2017; the Town's goal was to see six to eight new businesses in the
program of entrepreneurial development with the help from "JumpStart Biz". He also addressed marketing strategies
and presented Council with a digital copy of a brochure that he would use for marketing purposes and pointed out the
display located in the Council Chambers that would be used at Trade Shows. Mr. Cooper also thanked Recreation
Supervisor Rachael Goodwin for the use of Tourism's award winning photo. Mr. Cooper mentioned the importance of
Economic Development networking to open doors and attract businesses and previewed for the Council a portion of a
video on Economic Development and quality of life in Fountain Hills for businesses to view and consider locating in
Town.
Mayor Kavanagh thanked Mr. Cooper for his work and asked him if the Town's future developments involving
additional apartments would have an impact on new businesses locating in Town. Mr. Cooper answered that he
believed it would help by giving the workforce an option to live and work in Town.
Vice Mayor DePorter asked where the proposed healthcare facility would be located and Mr. Cooper answered that the
targeted area was the downtown area allowing for the most impact. Vice Mayor DePorter asked if the brewery would
be opened to serve the public and Mr. Cooper stated it would be a retail establishment with no plans at this time to
serve food, but in the future would consider that option.
Councilmember Yates congratulated Mr. Cooper on his work with limited resources. Councilmember Yates asked if
Council could help in providing additional resources. Mr. Cooper answered that outreach would be huge benefit using
social media and remarked that he was not able to dedicate the time necessary to network new businesses.
Councilmember Magazine perceived that Mr. Cooper needed an assistant to work with him and would like to examine
this possibility and its benefit, but also understood that the Town had a limited budget.
Vice Mayor DePorter noted the importance of social media and pointed out that current funding allotted Mr. Cooper
was shared between departments and Town needs. Town Manager Miller noted that next month Council would be
presented with a proposal on this issue with suggested dedicated funding for social media and public information.
Mayor Kavanagh thanked Mr. Cooper.
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any requests to speak and Acting Town Clerk Walter answered there were no
requests received.
Mayor Kavanagh explained on the Consent Agenda item number three would be pulled due to staff's request and
would be addressed first on the regular agenda.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM NOVEMBER 3, 2016.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING LICENSE AGREEMENT AMENDMENT C2014-
138.1 FOR THE MARICOPA COUNTY AIR MONITORING STATION LOCATED AT FIRE STATION NO.
1.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE FIRST FIVE-YEAR EXTENSION OF AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY RELATING TO THE
MAINTENANCE, IMPROVEMENT AND MANAGEMENT OF OUTDOOR RECREATION
OPPORTUNITIES IN THE TOWN'S MCDOWELL MOUNTAIN PRESERVE AND COUNTY'S
MCDOWELL MOUNTAIN REGIONAL PARK AND AUTHORIZING THE TOWN MANAGER TO SEND A
LETTER REQUESTING THE EXTENSION. (PULLED FROM THE CONSENT AGENDA FOR FURTHER
DISCUSSION.)
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AGENDA ITEM #4 — CONSIDERATION OF AN AMENDMENT TO CONTRACT C2012-110 WITH
ARTISTIC LAND MANAGEMENT, INC., FOR A ONE-YEAR EXENSION, IN AN AMOUNT NOT TO
EXCEED $157,000, FOR WASH AND DAM MAINTENANCE.
Mayor Kavanagh requested a motion on the consent agenda items as written.
Councilmember Hansen MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED
the motion.
A roll call vote was taken with the following results:
Vice Mayor DePorter
Aye
Councilmember Magazine
Aye
Councilmember Leger
Aye
Councilmember Yates
Aye
Councilmember Hansen
Aye
Councilmember Brown
Aye
Mayor Kavanagh
Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE FIRST FIVE-YEAR EXTENSION OF AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY RELATING TO THE
MAINTENANCE, IMPROVEMENT AND MANAGEMENT OF OUTDOOR RECREATION
OPPORTUNITIES IN THE TOWN'S MCDOWELL MOUNTAIN PRESERVE AND COUNTY'S
MCDOWELL MOUNTAIN REGIONAL PARK AND AUTHORIZING THE TOWN MANAGER TO SEND A
LETTER REQUESTING THE EXTENSION. (PULLED FROM THE CONSENT AGENDA FOR FURTHER
DISCUSSION.)
Town Attorney McGuire explained that the Town's 2011 Intergovernmental Agreement (IGA) with Maricopa County
had automatic renewal terms within the agreement and staff believed that Maricopa County had agreed that Council
could authorize Town Manager Miller to extend the IGA, but notice was received today with a draft of an amendment
and staff was unable to pass that information on to Council within the short period of time, and explained Maricopa
County requested a response by this coming Monday. Town Attorney McGuire proposed that staff would respond and
then add the amendment to the December 1St Town Council agenda. Town Attorney McGuire asked for Council's
authorization to give Town Manager Miller the right to execute the IGA with the understanding a full Resolution and
IGA would appear on the next agenda.
Mayor Kavanagh asked for a motion.
Councilmember Brown MOVED to authorize Town Manager Miller to respond to Maricopa County regarding the
extension of an Intergovernmental Agreement and Councilmember Yates SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #5 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING PROPOSED
AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING
RIGHTS POLICY, RELATED TO SPECIAL EVENT FEE WAIVERS.
Town Manager Miller reminded Council that in August an organization requested Council waive fees for their first
time event and acknowledged how difficult it was to make a determination without a policy in place allowing the
Town Manager to approve the waiver. Town Manager Miller explained that that he, Director of Community Services
Mark Mayer, and Recreation Supervisor Rachael Goodwin took Council's suggestions and proposed a policy in a
document.
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Town Manager Miller introduced Ms. Goodwin who presented the staff report and information included in a
PowerPoint presentation (available on line or in the office of the Town Clerk). Ms. Goodwin explained that this
process would entail two parts involving Council's input based on staff s recommendations and then staff s return at a
later date to implement and approve a policy.
Ms. Goodwin stated there were a lot of parts to the proposed policy and staff attempted to condense Council's
suggestions. Ms. Goodwin explained the Special Event Fee Waiver guidelines currently in place; issues currently
encountered under this policy, and reported what other municipalities large and small were doing to address the issue.
Ms. Goodwin pointed out that the policy involved an event fee waiver from one to three years of Town support to
eventually become self-supporting.
Mayor Kavanagh asked if the recommendations involved non -profits only or all events. Ms. Goodwin answered that
all events would be allowed to request and submit their qualifications for Town support. Mayor Kavanagh asked if a
"for profit" group could apply for the 100% fee waiver and Ms. Goodwin noted that technically they could and
sometimes there was a value to support them for the Town.
Councilmember Magazine inquired to the "up -to" amount and how would that be determined. Ms. Goodwin explained
the intention was that the Town's Special Events Committee consisting of Town staff, Fire, and Sherriff s Department,
determine what portion would be given and give a recommendation to the Town Manager for a final determination.
She added that only if an event appealed staffs decision would the Council be involved. Councilmember Magazine
stated that he was concerned with Council's involvement and suggested that the Town Manager make the decision.
Town Manager Miller responded that on several occasions he had made a decision and only when he felt
uncomfortable would he bring the request to Council to decide the possible community benefits.
Town Manager Miller liked the "up -to" language since some expenses such as road closures should not be covered by
the Town. Mayor Kavanagh asked if the Town's wavier included the police service and Ms. Goodwin answered it
would not since the police were a separate entity and billed separately.
Ms. Goodwin listed the requirements necessary for all applicants to meet to receive a waiver. Mayor Kavanagh asked
if the Town would eliminate producing flyers and banners for events and Ms. Goodwin answered that was the intent.
Councilmember Yates understood if an event was found to be successful, that would eliminate the need for the Town's
support and liked the "up -to" language. Ms. Goodwin explained this was the reason for the annual application and
evaluation on case by case bases.
Ms. Goodwin explained the evaluation criteria for non-profit organization waivers. Mayor Kavanagh questioned the
portion in the language stating that the event had to be recognized in Fountain Hills and used the "Kite Festival" as an
example expressing that it was family friendly and free to attend and held in Town for a number of years providing
Fountain Hill's national and international exposure. Ms. Goodwin answered that wording could be revised to include
"would be preferred" as opposed to "must" allowing for an evaluation of the event individually for the possible
benefits and exposure. Mayor Kavanagh agreed and wanted to eliminate any uncertainty that certain events would not
be approved. Town Manager Miller suggested providing language in the policy that two or three of the requirements
would have to be made and giving the Town flexibility in their determination. Mayor Kavanagh expressed the benefits
those types of events made for the community.
Mayor Kavanagh asked if the events included all facilities such as parks and the Community Center and expressed her
concern that an event held and waived in the Community Center could jeopardize a revenue generated activity. Ms.
Goodwin answered that the Community Center could be eliminated in the waiver, but she would like to the option to
consider an event that would be beneficial to the Town and noted that 95% of waived requests were for parks, the
Avenue or Centennial Circle. Town Manager Miller added that the Sister Cities events were given a waiver on fees to
use the Community Center and Ms. Goodwin added that those types of requests usually were not reviewed by the
Special Events Committee, because they did not meet the criteria of a Special Event.
Councilmember Leger questioned the requirement that there needed to be an expected 2,000 people or more and
wondered if that requirement would not discourage an event and Ms. Goodwin expressed the number was an estimate
and negotiable.
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Councilmember Hansen questioned the priority pricing to the Town's residents and what if the event was a fundraiser
benefiting the community should it not be up to the citizens if they want to pay the fee and Ms. Goodwin answered
those types of requests would be considered on their individual merit.
Ms. Goodwin pointed out that criteria language was included addressing the commercial or private promoter events
such as the "Half Marathon". Councilmember Magazine asked how the national exposure was determined and Ms.
Goodwin explained if the event reached across borders using the Special Events Committee's judgment to how the
event impacted the Town.
Councilmember Hansen questioned if a limit would be put on the number of events per promoter to be considered for a
waiver. Ms. Goodwin responded that language had been considered due to the possibility that an event could use
Town waiver process for a one-time event and she asked for Council's input over and beyond being a judgment call.
Ms. Goodwin addressed the "Legacy Events" held annually and recognized on the Fountain Hills special events
calendar and noted those events rental fees were waived for Town property only. Mayor Kavanagh asked if the
Legacy Events policy required that all profits stayed in Fountain Hills and Ms. Goodwin answered that Legacy Events
did not fall under those guidelines as currently written but had a separate impact on the Town. Mayor Kavanagh
requested that the profits remained in Fountain Hills for all new events since the Town waived their fees. Mayor
Kavanagh asked if a Legacy Event made any major changes to their event, how would that affect their legacy standing
and Ms. Goodwin explained that accommodations would be attempted along with adjustments made where needed and
then the event evaluated if a transfer of owners were requested.
Councilmember Hansen asked how Legacy Events were determined and Ms. Goodwin answered that issue had been
discussed, but not determined at this time. Town Manager Miller added that to determine a Legacy Event would be
those events with a long history in Fountain Hills and he added that at a later date Council could determine if an event
fell in to that category in the event that a request was made for a legacy status.
Councilmember Hansen complimented Ms. Goodwin on staff's work and her presentation.
Vice Mayor DePorter questioned a "for profit" receiving a waiver and Ms. Goodwin explained that a good example
was the "Half Marathon" event held in Fountain Hills and noted that previously Council had agreed to waive the fee
for the Avenue due to the exposure for this destination national run; backed by large companies and due to the
financial impact for the Town's businesses since this was an early morning Sunday run.
Vice Mayor DePorter suggested the required expected attendance requirement of 2,000 people guideline language be
more flexible. Vice DePorter suggested the policy require Legacy Events provide the Town with financials and/or a
write-up with their plan for growth and impact for the Town.
Councilmember Leger asked how the "Thanksgiving Parade" fit into the policy and how costs were handled. Ms.
Goodwin stated that technically the event should fall into the Legacy Event group, but since no fees were incurred due
to the "Turkey Trot" held before the parade allowing roads to stay closed.
Councilmember Leger asked how the Town handled the Chamber of Commerce's "Fountain Festival" and were their
profits staying in Town. Ms. Goodwin answered that the Chamber was a non-profit with the profits benefiting the
Chamber who then used those funds in Town. Town Manager Miller added currently the Chamber paid all costs for
their events and noted that with the help from the Chamber, there had been an increase in collections on licenses and
sales tax benefiting the Town.
Ms. Goodwin asked for any other questions from Council before staff completed the format. Mayor Kavanagh asked
if Ms. Goodwin had enough information to go forward and Ms. Goodwin listed the Council's remarks.
No action was taken by Council at this time.
AGENDA ITEM #6 — CONSIDERATION OF RESOLUTION 2016-31, ADOPTING THE TOWN OF
FOUNTAIN HILLS FINANCIAL POLICIES, AMENDED AND RESTATED NOVEMBER 17, 2016.
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Town Manager Miller mentioned that the proposed amended and restated polices would be more consistent with
Council's intent. Town Manager Miller introduced Finance Director Craig Rudolphy who gave a brief overview of the
amended policies (copy of policy available on line and in the office of the Town Clerk).
Mr. Rudolphy explained that the current policy made reference that any surplus generated in a current year would be
transferred to the Town's Capital Improvement Fund, but no transfers were previously found around 2010 when the
economy was down and felt his predecessor felt it best to leave the funds in the General Fund to cover any short falls
that may have occurred. Mr. Rudolphy added that during his discussion with Town Manager Miller it was determined
that language should be added to the current policy to guide the Finance Department on how and when transfers were
made. Mr. Rudolphy explained the proposed language would state that at the end of each year following the audit
report, funds would be transferred to the Capital Improvement Fund for current year to make funds available for the
upcoming year budget process. Mr. Rudolphy added language addressing a suggestion made by the auditors that
addressed a couple of newly created funds and according to Government Accounting Standards that Council would
provide direction on how the fund balance would be used in the Tourism Fund and Facility Replacement Fund (funds
approved by Council to adopt and created), but lacked direction on classification for accounting purposes. Mr.
Rudolphy stated that language was added that during the budget process annually, Council would approve
recommendations to staff on the fund classification.
Mayor Kavanagh asked if there were any speaker cards and Acting Town Clerk Walter answered none were received.
Mayor Kavanagh asked if there was further discussion or questions from Council or a motion.
Councilmember Yates made a MOTION to approve Resolution 2016-31 and Councilmember Brown SECONDED,
which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 — RECOGNITION OF COUNCILMEMBER CASSIE HANSEN'S SERVICE TO THE
TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh acknowledged and thanked Councilmember Hansen for her 8 %2 years of service as a Councilmember
and thanked her for her prior contributions since the "Hansen Family" was a pioneer Fountain Hills family who helped
create the Town as it was today. Mayor Kavanagh presented Councilmember Hansen with a fountain designed pin
purchased from Sami's Fine Jewelry.
Councilmember Brown, Vice Mayor DePorter, Councilmember Yates, Councilmember Magazine, and
Councilmember Leger acknowledged Councilmember Hansen for her guidance, leadership, courage and grace and
expressed it had been an honor and privilege to serve with her on the Town Council.
Councilmember Hansen remarked that she wanted to say "goodbye" and acknowledged her past experiences living and
working in Fountain Hills and mentioned a host of people who she had worked with during that time.
AGENDA ITEM #8 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Mayor Kavanagh stated that direction had previously been giving to the Town Manager and staff related to the issue
discussed during the meeting.
AGENDA ITEM #9 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Mayor Kavanagh pointed out that the L. Alan Cruikshank "River of Time" Historical Society Dinner was held and
expressed how great and funny the guest speaker was. Councilmember Magazine added it was an enjoyable time with
a great dinner.
Mayor Kavanagh mentioned the East Valley Mayor's Luncheon hosted in Fountain Hills and noted there were nine
Mayors and two Native American Presidents in attendance who all discussed issues related to the East valley and
helping our neighbors.
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Mayor Kavanagh reported the Town held three ribbon cuttings consisting of the opening of the "Musical Instrument
Park" and she thanked the two Rotary Clubs, donors and staff that helped to make the park happen; the tunnel at
Golden Eagle Park located along an urban trail that was painted and acknowledged Nita Blose, scout leader, scouts and
volunteers for their dedication to Fountain Hills; and the ribbon cutting for the reconstructed tennis courts at Golden
Eagle Park where she thanked staff for their hard work on finishing before cold weather set in. Mayor Kavanagh noted
that the Copperwynd Pro Challenge was held at the Copperwynd Resort and helped create a new interest in tennis.
She expressed the Town was happy to provide well maintained courts.
Mayor Kavanagh congratulated the 2016 Leadership Academy Class on their graduation; the participants consisted of
current and future leaders in Fountain Hills.
Mayor Kavanagh expressed that she and Senator Kavanagh represented the Town at the annual "Polish Heritage Ball"
to celebrate Polish culture and its partnership with the United States. Zamos6, Poland is our Sister City. Town
residents Consul Bogumil Horchem and his wife, National Director Elizabeth Matej-Horchem also attended.
Mayor Kavanagh stated that she and Town Manager Miller had the honor of meeting the El Salvador Consul General,
German Alvarez, at a meet and greet organized by Enrique Melendez, Honory Consul from El Salvador, to discuss
future partnerships with one of the Town's Sister Cities and their needs.. Also attending the meeting were Vice
Consul of El Salvador Fredy Vargas, Consul of Chile Kenneth P. Smith, and Senator Kavanagh.
Mayor Kavanagh congratulated the Lady Falcons Volleyball team for winning the 3A State Championship.
The Mayor also reminded everyone about the "Turkey Trot" event on Thanksgiving Day followed by the parade.
Vice Mayor DePorter noted that "Fearless Kitty" had their shop open during the recent festival and stated he was
impressed with their progress. He also expressed how happy everyone was in the area to see the bus barn removed.
AGENDA ITEM #10 - ADJOURNMENT
Councilmember Hansen made a MOTION to adjourn the meeting and Mayor Kavanagh SECONDED the motion,
which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 8:17 p.m.
TOWN OF FOUNTAIN HILLS
LM
ATTEST AND
PREPARED BY:
Nancy Walter, Acting Town Clerk
CERTIFICATION
Linda M. Kavanagh, Mayor
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 17th day of November, 2016. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 1St day of December, 2016.
Nancy Walter, Acting Town Clerk
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