HomeMy WebLinkAbout2016.1201.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 1, 2016
REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:31p.m. in the Fountain Hills Town Council Chambers.
INVOCATION — Mayor Kavanagh asked for a moment of silence.
ADMINISTRATION OF "CEREMONIAL OATHS OF OFFICE" TO NEWLY ELECTED OFFICIALS
BY PRESIDING JUDGE ROBERT MELTON:
Judge Robert Melton administered the oath of office to Councilmembers Dennis Brown, Art Tolis and Cecil Yates
followed by Mayor Linda Kavanagh.
ROLL CALL -
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick
DePorter, Councilmember Henry Leger, Councilmember Art Tolis, Councilmember Dennis Brown, Councilmember
Cecil Yates, and Councilmember Alan Magazine. Town Manager Grady E. Miller, Town Attorney Andrew McGuire
and Town Clerk Bevelyn Bender were also present.
MAYOR'S REPORT
(i) None
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO
ECONOMIC DEVELOPMENT.
Mayor Kavanagh announced in the future Councilmember Yates will be representing the Town on the Great
Phoenix Economic (GPEC) Council Board of Directors and Vice Mayor DePorter will be representing the Town
on the Maricopa Associations of Governments (MAG) and will give updates on their state agencies during this
agenda item.
Mayor Kavanagh reported that the Economic Development in Fountain Hills could be affected by upcoming bills
being proposed by the State Legislature and pointed out during a meeting of the Executive Committee of the
League of Cities and Town's those changes considered would hurt all 91 municipalities and that there would be a
change to the transaction privilege tax. Mayor Kavanagh stressed that the League was working to fight and
address those changes and other bills now before the beginning of the session in January.
ii) PRESENTATION OF THE REPUBLIC SERVICES COMMUNITY GRANT BY OPERATIONS
MANAGER JEFF FANELLI AND GENERAL MANAGER TRICIA PONCE DE LEON.
Town Manager Miller stated that Republic Services grant program would present a check to the Town based non-
profit organization voted on by the residents of Fountain Hills. Town Manager Miller introduced Mr. Fanelli and
Ms. DeLeon who explained the program and present the check to the winner.
Mr. Fanelli stated that each year Republic Services recognized a non-profit organization that was committed to
improving the Town and determined by Town residents using their acquired reward points gained through re-
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cycling and other environmental tasks. Mr. Fanelli pointed out that the two organizations close in votes were the
Fountain Hills Town Garden and the Fountain Hills Youth Theater and was achieved through great effort and
involvement. Mr. Fanelli mentioned that Fountain Hills was the strongest participator in this program across the
country for Republic Services and that was a testament to Fountain Hills. Mr. Fanelli and Ms. DeLeon
announced the $10,000 grant was awarded to the Fountain Hills Youth Theater and presented to Susu Henderson,
Executive Director of the Fountain Hills Youth Theater.
Ms. Henderson stated that both non -profits had worked together. She announced that Dr. Patel, who had
implemented the Community Garden and the Youth Theater, would share the money. Ms. Henderson invited
everyone in Fountain Hills who was involved to attend a gathering on December 13`h from 5 to 7 p.m. at the
Copperwynd Resort to celebrate.
iii) RECOGNITION OF THE FOUNTAIN HILLS HIGH SCHOOL 2016 GIRL'S 3A STATE
VOLLEYBALL CHAMPIONS.
Mayor Kavanagh congratulated head coach Peter McGloin and team members for their three wins to achieve the
State championship and for bring the trophy home to Fountain Hills. Coach McGloin thanked Council for the
acknowledgment and expressed their appreciation for the communities support.
iv) RECOGNITION OF THE MEMBERS IN THE INAUGUURAL CLASS OF THE LEADERSHIP
ACADEMY.
Mayor Kavanagh asked Councilmember Tolis to present the information related to the Academy.
Councilmember Tolis stated on behalf of the Fountain Hills Cultural Committee Association (FHCCA) who had
created the academy, which he also attended, and then introduced Dori Witrig and John Craft who recognized the
class members and explain the eight-week program.
Ms. Witrig mentioned that more information could be acquired from their FHCCA website and explained that
those participating studied and experienced how the Town worked and after completion received a plaque. Ms.
Witrig stated that each participant was encouraged to get involved in the Town activities. Councilmember Tolis
acknowledged each student by name that had completed the class and stated he was honored to be part of the
program.
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bender answered there was one.
Suzanne Kiraly, a Fountain Hills resident, mentioned that she had addressed Council in 2006 regarding the truck traffic
on Golden Eagle, a designated a truck route from the Eagle's Nest subdivision. Ms. Kiraly acknowledged that for a
few years the truck traffic had not been a problem due to the lack of construction in that area, but recently there had
been a start-up of activity impacting the residents in the area on Golden Eagle. Ms. Kiraly estimated 78 to 100 truck
trips back and forth each day and noted that some drivers were speeding and "jake braking". Ms. Kiraly felt that there
was very little Maricopa County Sherriff's Office involvement in monitoring these issues and asked if this problem
could be addressed.
Mayor Kavanagh answered that Council could not respond during "Call to the Public" but notes had been taken and
Council would discuss her concerns with Town Manager Miller and MCSO Captain Letourneau.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM NOVEMBER 9, 2016.
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AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO
COOPERATIVE PURCHASING AGREEMENT C2016-180 WITH ROADSAFE TRAFFIC SYSTEMS INC.,
FOR THE PURCHASE OF TEMPORARY TRAFFIC CONTROL IN THE AMOUNT NOT TO EXCEED
$20,000.00.
AGENDA ITEM #3 - CONSIDERATION OF CONFIRMING TOWN COUNCIL SUB -COMMITTEE
MEMBER APPOINTMENTS FOR THE BALANCE OF FY2016/17 AND FY2017/18, AS PROPOSED BY
MAYOR KAVANAGH, FOR THE PURPOSE OF INTERVIEWING AND RECOMMENDING APPLICANTS
TO THE MAYOR TO SERVE ON THE TOWN'S BOARDS AND COMMISSIONS.
(i) COMMUNITY SERVICES ADVISORY COMMISSION — VICE MAYOR NICK DEPORTER,
COUNCILMEMBERS ALAN MAGAZINE AND CECIL YATES;
(ii) MCDOWLL MOUNTAIN PRESERVATION COMMISSION — COUNCILMEMBERS DENNIS
BROWN, ART TOLIS, AND CECIL YATES;
(iii) PLANNING AND ZONING COMMISSION — VICE MAYOR NICK DEPORTER,
COUNCILMEMBERS DENNIS BROWN AND CECIL YATES;
(iv) STRATEGIC PLANNING ADVISORY COMMISSION — VICE MAYOR NICK DEPORTER,
COUNCILMEMBERS HENRY LEGER AND ART TOLIS;
(v) BOARD OF ADJUSTMENT — COUNCILMEMBERS DENNIS BROWN, HENRY LEGER AND
ALAN MAGAZINE;
(A) SISTERS CITIES ADVISORY COMMISSION — VICE MAYOR NICK DEPORTER,
COUNCILMEMBERS HENRY LEGER AND ALAN MAGAZINE; AND
(vii) BUILDING SAFETY BOARD OF APPEALS — COUNCILMEMBERS DENNIS BROWN, CECIL
YATES, AND ART TOLIS.
AGENDA ITEM #4 — CONSIDERATION OF APPROVING A FAIR/FESTIVAL LIOUOR LICENSE
APPLICATION FOR THE INTERNATIONAL CANCER ADVOCACY NETWORK (MARCIA HORN) FOR
THE PROMOTION OF A FUND RAISER TO BE HELD ON AVENUE OF THE FOUNTAINS, IN
CONJUNCTION WITH THE FOUNTAIN HILLS SCULPTURE AND WINE EXPERIENCE FROM 10:00
AM TO 5:00 PM, FRIDAY, JANUARY 13, 2017, THROUGH SUNDAY, JANAURY 15, 2017.
AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 2016-39. APPROVING THE AMENDMENT
ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF MARICOPA
RELATING TO THE MAINTENANCE, IMPROVEMENT AND MANAGEMENT OF OUTDOOR
RECREATION OPPORTUNITIES IN THE TOWN'S MCDOWELL MOUNTAIN PRESERVE AND THE
COUNTY'S. MCDOWELL MOUNTAIN REGIONAL PARK AND RATIFYING THE TOWN MANAGER'S
EXECUTION OF THE AMENDMENT.
AGENDA ITEM #6 — CONSIDERATION OF ORDINANCE 16-12, AMENDING THE TOWN OF
FOUNTAIN HILLS TOWN CODE, CHAPTER 9, ARTICLE 9-4, SECTION 9-4-3, RULES AND
REGULATIONS AT TOWN OWNED PARKS.
Mayor Kavanagh requested a motion on the consent agenda items as written.
Councilmember Magazine MOVED to approve the Consent Agenda as listed and Councilmember Yates
SECONDED the motion.
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A roll call vote was taken with the following results:
Vice Mayor DePorter
Aye
Councilmember Magazine
Aye
Councilmember Leger
Aye
Councilmember Tolis
Aye
Councilmember Yates
Aye
Councilmember Brown
Aye
Mayor Kavanagh
Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #7 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING PROPOSED
TOWN OF FOUNTAIN HILLS NOISE REGULATIONS.
Town Manager Miller explained this item had been discussed previously and at Council's request staff and the
Maricopa County Sheriff's Office (MCSO) recorded various decimal readings and the information had been provided
to the Council. Town Manager Miller stated that tonight would involve a discussion only for Council giving direction
to staff based on the information presented and at a later date staff would present an ordinance for their consideration
and adoption of a revised ordinance. Town Manager Miller introduced Development Services Director Robert
Rodgers who gave a presentation with recommendations.
Mr. Rodgers pointed out the report given to Council involved a 2010, Planning and Zoning Commission Noise
Subcommittee and added the subcommittee was chaired by current Councilmember Yates. Mr. Rogers reported that
the agenda item at that time was temporarily tabled by Council. Mr. Rodgers stated that this year another committee
was formed to evaluate the previous committee's findings and asked to return with their recommendations, which had
been received with minor changes. Mr. Rodgers stated along with those minor changes, direction was made by
Council on October 6th to establish a downtown overlay district. Mr. Rodgers noted at this time there were two Noise
Ordinances on the books involving the Zoning Ordinance and the Town Code; he explained that Ordinance 16-08
removed the noise regulations from the Zoning Ordinance and Ordinance 16-10 adopted the new Noise Ordinance
regulations and placed them into the Town Code. The proposed amendments included:
Removal of the two points of decimal level process for a single point of measurement with windows and doors
closed.
Reduction of the proposed maximum decimal levels permitted from 85 to 80 during daytime hours.
Reduction of the levels from 75 to 50 during nighttime hours.
Changing daylight hours from sunrise until 11:00 p.m. to 6:00 a.m. until 9:00 p.m. and nighttime hours
currently from 11:00 p.m. to sunrise; to 6:00 a.m. until 9:00 p.m., and adding times consistent all year long
instead of changing on week -ends, holidays and summertime.
Mr. Rodgers added that currently the Town required events to close down at 10:00 p.m. unless a special event permit
was issued that allowed certain events to end at 11:00 p.m. with a maximum of 70 decimals and staff recommended
this stay in place.
Mr. Rodgers addressed a question from the Council regarding other Cities and Towns Noise Ordinances and how
Fountain Hills compared; Mr. Rodgers found they were inconsistent and required different rules.
Mr. Rodgers stated that MCSO had taken decimal readings at two local events along with 18 readings from various
intersections in Town and their findings had been included with the staff report in the packet.
Mr. Rodgers offered the opinion that the proposed recommendations were more understandable and was enforceable;
he requested direction from Council regarding the proposed ordinance for any additional changes Council would like.
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Mr. Rodgers stated that with direction from Council staff would bring back a final proposal for their consideration and
approval at the next Council meeting.
Mayor Kavanagh asked Council if they had questions for Mr. Rodgers.
Councilmember Yates asked Mr. Rodgers to review information from a minor amendment proposed in April regarding
weddings and/or like events. Mr. Rodgers explained that it was not an amendment, but direction from Council that
permitted events could be allowed up to 10:00 p.m. under the current required decimals, and from 10:00 p.m. until
11:00 p.m. decimals would lowered to 70 with the event ending at 11:00 p.m., and noted that currently staff used these
guidelines on event permits requested. Councilmember Yates asked if those items were in conflict with the current
ordinance and Mr. Rodgers answered that it was not.
Mayor Kavanagh asked Mr. Rodgers to list the decimal levels received from MCSO during a wedding at the
Copperwynd Resort and the other at Grapeables Restaurant in the evening. Mr. Rodgers noted that the resort wedding
noise levels were taken adjacent to a cal- de- sac and opposite the resort with the meter held against a wall at 9:20 p.m.,
with normal speaking and tones, not loud, but could be heard and the reading was 46 decimals and when a reading was
taken at 10:00 p.m. the wedding had ended and the decimal level was 34. Mr. Rodgers added that the levels at
Grapeables entertainment included music with a microphone and amplifier at approximately 100 feet, in the parking
lot and the reading was 52 decimals. Upon MCSO returning at 10:00 p.m. with the same scenario the reading was 56
decimals.
Councilmember Magazine asked what the rational was for measuring the decimals with the windows and doors closed
as opposed to measuring from the outside. Mr. Rodgers stated that he assumed a person has the right to enjoy the
privacy and security in the house, but did not have the right to not hear anything. Mr. Rodgers pointed out that outside
you are going to hear something louder. Town Manager Miller stated that staff was trying to address the sound noise
issue Town wide and provide more consistency for the readings and the question was to the Council was if 80 decimals
were reasonable.
Councilmember Magazine asked when the doors and windows were opened during nice weather what affect would
there be on the noise levels as proposed. Town Manager Miller answered that during the daytime hours there could be
construction noise that would be difficult to control along with other regular activities in Town and he felt a balance
was very important.
Councilmember Yates asked what would happen if Council did nothing concerning this issue and only clean-up the
ordinance. Mr. Rodgers answered the ordinance could not be enforced the way it was currently written due to the lack
of meter equipment and using MCSO personnel to make a judgment call.
Mayor Kavanagh requested clarification regarding special event permit requests would still go through the
Development Services Division and Mr. Rodgers answered only those events involving times lasting pass the
designated times and involving noise levels.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated there were five speaker requests.
Jonathan Ebertshowser, Attorney at Carpenter and Hazelwood Law Firm based in Tempe and representing The Villas
at Copperwynd, presented Council with a handout outlining the newly proposed Fountain Hills Noise Ordinance and
laying out a counter proposal for their consideration. Mr. Ebertshowser pointed out that Fountain Hills had an
unenforceable policy due to measuring on a scale that was closer to 68 to 69 decimals and requested Council do more
research on this issue. He also suggested the Town Attorney answer their questions regarding how laws were enforced
in other municipalities. Mr. Ebertshowser tried to show an example of what 80 decimals would sound like, but it was
noted that the Council Chambers was built to optimize sound and would better measured outside, which Mr.
Ebertshowser disagreed with that statement. Mr. Ebertshowser suggested the proposed ordinance was inconsistent
with other municipalities and recommended a limit of 56 decimals, and a number used in Paradise Valley and Tempe.
Mark Saul, Attorney at Carpenter and Hazelwood also representing The Villas at Copperwynd pointed out that for the
80 decimals to be measured inside a house the noise level would have to be 130 decimals outside. Mr. Saul mentioned
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the October 6th Town Council meeting and that Council had directed staff to come back with another ordinance with
recommendations and had tabled the agenda item. He added the measurements taken by MCSO at two local events
showed the decimal readings were not even close to 80 decimals and could not understand the 80 decimal
recommendation taken inside a house instead of outside and added he disagreed that 80 decimals inside was acceptable
and asking Council to approve a decimal range closer to other area cities allowing residents the peace and enjoyment
of their property.
John Kirkeide, a part-time resident of Fountain Hills and Full time Arizona resident, stated he had a problem with the
proposed ordinance and the inconsistency compared to other Towns noting the measurements would be taken inside
instead of outside and that 80 decimals could cause hearing loss. Mr. Kirkeide added that at night 50 decimals inside
would not be acceptable. Mr. Kirkeide questioned staff's recommendations since they were at least 10 points higher
than other municipalities.
Bill Hinz, a Fountain Hills resident, Villas at Copperwynd Resort owner and a villas owner, acknowledged the Town's
work on their previous proposal through the Planning and Zoning Commission and supported both proposals from the
Town. Mr. Hinz pointed out that the Copperwynd Resort always measured noise levels at each of their events and was
open to helping the Town anyway possible to address the issue. Mr. Hinz noted that he wanted an ordinance that was
fair due to his interests and requested action so everyone could move forward.
Mike Dickerson, MD Acoustics and acoustic consultant from Chandler and lived in Gilbert, commented on the
proposed revised ordinance that had moved from a two point system to a one point system, which he felt was okay and
acknowledged that 80 decimals would be disputed by some. Mr. Dickerson mentioned he had worked with other
municipalities regarding their Noise Ordinance and pointed out that usually zoning dictated where noise operated
businesses were allowed to build, allowing for residential areas to not be affected. Mr. Dickerson continued that the
Town's land use could affect businesses and property owners in their decisions and should be addressed in the Noise
Ordinance wording and also be enforceable.
Mayor Kavanagh asked if Council had any questions.
Councilmember Leger asked if Council approved the ordinance as presented tonight would there be exemptions. Mr.
Rogers explained the exemptions where listed in the proposed ordinance.
Air -conditioners when in proper operating condition.
Lawn maintenance equipment operated in daylight hours and proper operating conditions.
Safety signals, warning devises and emergency pressure release valves.
Authorized emergency vehicles responding to an emergency call or acting in time of an emergency.
Emergency work.
Church chimes or bells
Noises created by any Town or Town contractor vehicles, equipment or facilities while operated or utilized for
official business.
Special Events held pursuant to Town issued Special Event permit.
An unamplified human voice.
Councilmember Leger commented that any extraordinary situations were exempted and common sense scenarios.
Councilmember Leger commented that staff had taken a complex subject and simplified the proposed revised
ordinance. Councilmember Leger suggested and for the change that measurements would be taken on the property, at
the structure and outside the residents along with a designated location. He also proposed moving the decimals
allowed from 80 to 70, upon his review of MCSO's previously recorded measurements at various locations in Town
that ranged well under 70 decimals and would still allow businesses to conduct their activities. Vice Mayor DePorter
supported Councilmember Leger's proposal and felt the level was also reasonable in other municipalities and liked the
idea that Fountain Hills would not be known as the noisiest Town in the state.
Vice Mayor DePorter asked how Tempe measured their noise levels in apartment areas. Town Attorney McGuire at
that time did not have an answer, but would follow up with the information.
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Councilmember Yates stated if measurements were not made from inside a residence, then it should be at the source
and referenced a report from six years ago he had conducted with the help of two sound engineers that OSHA required
hearing protection at 85 decimals, with 80 decimals equating to a vacuum cleaner and continued to mention other
levels of common noises. Councilmember Yates added that for an event to achieve 80 decimals in a house the noise
level would have to be extremely loud and that the reason the measurement should be taken at the source.
Councilmember Yates expressed that 10:00 p.m. weekdays and 11:00 p.m. week-ends was not outrageous.
Councilmember Brown asked for clarification on what Councilmember Yates was supporting and Councilmember
Yates answered 80 decimals at the source until 10:00 p.m. and with a permit until 11:00 p.m. Councilmember Brown
said he struggled with 80 decimals and concurred that he also did not want Fountain Hills to be the loudest Town in
Arizona stating his preference that it be 70 decimals at the source with exemptions. He also proposed simplifying the
ordinance with a specific time each day and at 70 decimals.
Mayor Kavanagh pointed out that she understood that the measurements would be taken outside the house and
questioned the measurement location since the location appeared to dictate the level of noise and. Councilmember
Brown suggested verbiage stating measurements would be taken anywhere on the property at 70 decimals.
Councilmember Yates pointed out that his proposal was at the source, but he was okay with the proposed property line
measurement and felt the level reading would not come close to the maximum level allowed.
Councilmember Tolis asked MCSO Captain Letourneau how many complaints had been received in Town and their
source. Captain Letourneau stated in 2016 there were 140 calls for service for noise complaints with most being
complaints that could not be enforced involving such things as loud air-craft, apartment residents complaining about
noise from the apartment above walking on the floor loudly and he mentioned other similar complaints. Captain
Letourneau also explained how barking dog complaints were handled and felt that MCSO would still receive calls
whether the noise measurements were taken anywhere on the property.
Councilmember Tolis asked if the complaints were repeats calls from the same complainant, and based on the current
ordinance, at what point is a citation issued.
Captain Letourneau explained that MCSO dispatches a deputy after receiving a complaint and then the deputy would
determine if the complaint was reasonable using the time of day or night; he added that a determination could change
with a decimal reader. Captain Letourneau continued that the officer currently has the latitude to determine if the noise
was unreasonable and then proceed to warn the violator to turn down the noise, then if no further complaints on the
current violation were received, no further action would be taken, but if the noise returned after the initial warning and
a complaint were received then a citation would be issued. Captain Letourneau explained that this method was use
throughout the County when handling these types of situations and not just in Fountain Hills. Captain Letourneau
pointed out that a decimal reading had been taken in a hallway involving a couple of officers and the meter read 60
decimals at the source.
In response to a question by Councilmember Magazine, Captain Letourneau responded that a search warrant would be
required to enter; they could not just enter the premises.
Councilmember Yates asked Captain Letourneau what he recommended and the Captain suggested a reading from the
complainant's house, in the room where the noise was experienced and expressed he did not see a problem with
Councilmember Brown's proposal (anywhere on the property) and expressed the opinion that this would also be
enforceable.
Mayor Kavanagh questioned the possible measurement location due to properties that vary in size and Captain
Letourneau suggested the reading taken on the front porch. Councilmember Leger agreed and reinforced that the
measurements would be made on the property adjacent to the structure.
Captain Letourneau asked if MCSO should address a noise complaint due to one complainant and pointed out that
more than one complaint would make a difference (i.e. in the case of a wedding). Mayor Kavanagh agreed this should
be addressed. Councilmember Leger expressed that even if one person complained the call should be addressed.
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Captain Letourneau confirmed that if the noise was unreasonable the violation would be dealt with at the source.
Councilmember Leger pointed out that by issuing a violation warning could also help eliminate additional complaints
and he wondered if that could be enforced since the code would have been violated. Captain Letourneau explained
that the complaint would be on record and tracked.
Councilmember Tolis expressed that MCSO should not be turned into a "sound" police force and felt this ordinance
would create more complaints, not allowing officers' to respond to emergency calls; he acknowledged the limited
MCSO staff. Councilmember Tolis expressed support for MCSO and their current policy of using their discretion and
for neighbors working together to solve noise issues. He suggested the agenda item be tabled indefinitely.
Councilmember Leger added that Council discussions were important due to noise violations complaints such as the
residents in The Villas at Copperwynd who presented at Council meetings their concerns and he did not believe more
calls would be received. Councilmember Leger stated that Council would be directing standards for Law Enforcement
that would be to officers and the Town's citizens.
Town Attorney McGuire stated that Tempe did enforce a multi -family unit to unit within the same building or common
space within the building code measuring from inside the building since there was no ability for an outside
measurement and he felt was a fairly good approach to this issue.
In response to a question by the Mayor, Mr. Rodgers confirmed that schools were exempt in the ordinance. Mr.
Rodgers also clarified that a special event permit sometimes allowed for other decimal levels during specific times and
acknowledged that when this occurred MCSO would have to be kept informed
Councilmember Yates listed that it appeared that Council supported 70 decimals at the complainant's location,
adj acent to the building at the front and a determination of the time would be needed, which he suggested 9:00 p.m.
Mayor Kavanagh felt that 9:00 p.m. was too early since the Town was encouraging people to go downtown and enjoy
events. The Mayor expressed her opinion that on why people needed to pay attention to where they purchased
property and its surroundings. Mayor Kavanagh requested Captain Letoumeau find out how many of the 140
complaints for service were for loud music and their locations. Councilmember Magazine also requested information
on how many of those complaints would be enforceable if the proposed ordinance were passed and added he felt like
the numbers would be very low. Mayor Kavanagh suggested that Capital Letoumeau provide an update to Council on
his research.
Councilmember Leger proposed a 10:00 p.m. time limit and pointed out that with exemptions and special event
permits a lot of issues would be addressed and would also help businesses along with giving residents some protection.
Mayor Kavanagh asked if there were any further comments since this was a discussion item only.
Town Manager Miller stated he felt staff had direction and Council consensus on this issue and noted staff would
return at a later date.
Town Attorney McGuire reviewed Council's comments that 70 decimals would be allowed until 10:00 p.m. with 50
decimals until 11:00 p.m. with an approved special event permit and all events ending at 11:00 p.m. with Tempe's
concept involving multi -family regulations included.
Councilmember Leger questioned the direction and latitude to be given MCSO for first time violations and the
allowable action. Mr. Rodgers answered that the list of steps Law Enforcement could take was in the Town Code.
Mayor Kavanagh asked if Town events would be exempted and Mr. Rodgers answered only with an approved special
event permit.
Councilmember Tolis asked how much the decimal readers would cost, who would maintain the equipment and who
would be authorized to use the meters. Town Manager Miller answered that MCSO would acquire the equipment with
Town funds and would be used by MCSO with the necessary training provided. He estimated that the cost would be
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about $10,000.00 - $15,000.00 for two meters. Mayor Kavanagh asked if all MCSO working shifts would be able to
use the equipment and Captain Letourneau answered yes, calls would be answered by priority noting that noise
complaints were low priority.
Councilmember Yates asked what the life expectancy of the equipment was and Captain Letourneau answered about
five to seven years.
Councilmember Tolis asked if the Town could be reimbursed for the cost of the meter equipment through fines. Town
Manager Miller noted that fines were placed in the General Fund and there were no recouping costs.
Mayor Kavanagh thanked everyone for their participation in the discussion.
AGENDA ITEM #8 — CONSIDERATION OF APPROVING COOPERATIVE PURCHASE AGREEMENT
C2017-071 WITH INFRASTRUCTURE ASSET MANAGEMENT, LLC, IN THE AMOUNT OF $106,245.00
FOR PAVEMENT PERFORMANCE DATA COLLECTION AND REPORTING.
Town Manager Miller introduced Public Services Director Paul Mood who gave a report and follow-up on a previous
Council discussion on pavement management.
Mr. Mood stated that Infrastructure Manager (ISM) would provide mapping of the Town's roadway network,
pavement data collection, asset management software, analysis and reporting, mentioning that ISM worked for various
municipalities all over the country and parts of Canada. He explained that ISM would coordinate with the Town's GIS
and use their vans to evaluate road conditions placing ratings on a spreadsheet and provide reports on treatments
necessary based on their rating along with best funding allocations and would evaluated bond money needed. Mr.
Mood reported that their base contract cost would be $67,245, with most costs going to creating the map and initial
testing along with an added owner's allowance of $15K, involving $5K for reports and $I OK for evaluating sub -road
conditions for some of the Town's worse areas. Mr. Mood pointed out that $6K would be necessary for the next four
years to provide annual updates on maintenance with information received from Town staff.
Mr. Mood acknowledged a representative from IMS was present to answer any questions.
Councilmember Magazine asked Mr. Mood if there were a couple of areas he could identify that needed to be
addressed. Mr. Mood answered there was many parts of the Town such as the 40 year old Palomino Drive and
Mustang Drive roads along with Zone 1. He added that Sunridge Canyon roads were also was in need of maintenance
to ensure they stayed in good condition and pointed out with the study could help determine those needs.
Councilmember Magazine acknowledged that using the current zone system other area roads that needed attention
would not be addressed. Mr. Mood stated that the issues were wide spread and preservation and repair could not be
maintained.
Councilmember Brown expressed concern that the 10 year maintenance plan would be eliminated and possibly would
move the maintenance to lesser needed streets. Mr. Mood expressed that this tool would help identify those roads that
could be saved or not and identify the bond funding necessary.
Town Manager Miller expressed that his concern was for the conditions of the roads and with the money currently
vested in maintenance and not being able to catch up; he expressed the need for a baseline for the Town's road
conditions so a funding plan could be created using bond money or other revenue sources.
Councilmember Yates asked how long the data would be valid. Mr. Mood answered road testing would be repeated in
four or five years with on-going data updates after treatments were made.
Councilmember Yates suggested that the Town needed a financial assessment of the roads, but due to the limited
validity of the data and the Town's current funds. He also suggested discussing this proposal at a later date after the
Council set their goals in February 2017. Mr. Mood pointed out that the data from ISM could take until spring to
complete and could show different scenarios for funding. Town Manager Miller added the metric would help Council
during their discussions on how much to invest to accomplish a goal.
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Mayor Kavanagh asked if there were new areas of construction opened in Town and the usage of some streets
increased how would that be mapped. Mr. Mood answered the new information would be forwarded to IAS for
adjustment the model. Councilmember DePorter supported this proposal, but expressed concern for the timing as to
when it was needed in the process.
Councilmember Magazine asked if this study were not completed, where would the Town start their maintenance work
or using the study to direct funds, based on their findings. Mr. Mood stated if the study was not completed the Town
would continue with the zone based maintenance schedule until it was completed then go on the Zone 2.
Councilmember Magazine asked how much money was being spent this year on road maintenance and Mr. Mood
replied approximately $1.9M. Councilmember Magazine wondered if spending another $1.9M next year in Zone 1
would be better allocated to areas that needed maintenance the most. Mr. Mood stated that funding would also be
needed to maintain the new pavement installed.
Councilmember Yates expressed support the study and pointed to the Vision Fountain Hills Group and the Council's
goal setting meetings where pavement management would be discussed; he felt this (contract) was too early in the
process and suggested waiting until there was a plan.
Mayor Kavanagh questioned where the funding would come from for the study and Mr. Mood answered that HURF
funds would be used.
Councilmember Leger mentioned that not the entire $106,245.00 was being requested would be spent at this time and
that the portion needed would be funded in the FY2016-17 budget year; Mr. Mood agreed and noted that the $80K
included two meeting with Town Council to discuss their findings.
Councilmember Brown asked if there would be a problem with waiting a couple of months and Mr. Mood noted that it
may change the cost somewhat since IAS had their road equipment currently in the area. Mayor Kavanagh asked if the
Town was piggy backing off of another municipality's contract and Mr. Mood responded yes (Goodyear). The Mayor
asked if the equipment would be available in the area in a couple of months and the IAS representative responded that
they would honor the price.
Councilmember Magazine MOVED to approve Cooperative Purchase Agreement C2017-071 with Infrastructure
Management Services, LLC, in the amount of $106,245.00 for pavement performance data collection and reporting
and Vice Mayor DePorter SECONDED the motion.
Councilmember Leger stated that the Vision Fountain Hills Group had expressed that the study information would be
used during their discussions on pavement management and asked if staff received this data, how they would change
the way they addressed the road maintenance program. Mr. Mood answered staff would move away from the zone
based approach and look towards an as needed based or highbred approach.
Councilmember Leger asked if Council approved the $80K this year could the annual renewal costs be paid out each
year and Mr. Mood stated each year the $6,000 would be paid out of that year's budget.
Mayor Kavanagh asked for a roll call with the following results.
Councilmember Yates
Nay
Vice Mayor DePorter
Aye
Councilmember Tolis
Nay
Councilmember Brown
Nay
Councilmember Magazine
Aye
Councilmember Leger
Aye
Mayor Kavanagh
Nay
The motion was DENIED (3-4)
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Councilmember Tolis asked what would be the possibility of using local expertise and businesses to determine the
Town's road maintenance needs. Mr. Mood stated that could be possible through the bidding process.
Councilmember Brown asked Town Manager Miller to add this item to the Town Council's February Retreat goal
setting list.
Councilmember Leger stated he was split on this issue and felt this tool would help staff predict sub -grades since
driving and visually looking at a road made it hard to evaluate. Mr. Mood agreed it was an added tool.
Councilmember Leger added that piggy backing onto another larger community's contract was cost effective to the
Town and Mr. Mood agreed.
AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2016-37, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
"AMENDMENTS TO TOWN CODE CHAPTER 3, ARTICLE 3, PROCUREMENT, DATED DECEMBER 1,
2016.
Mayor Kavanagh explained there would be one staff report for items 9, 10 and 11 with separate motions requested on
each item.
Town Manager Miller introduced Finance Director Craig Rudolphy who gave the presentation.
Mr. Rudolphy stated that in November 2013, Council approved an amended and restated the Town Code Chapter 3
related to the Procurement Policy making it a more efficient process for staff's involvement and effort. He added that
certain provisions were now not considered "best practices" and changes were made. Mr. Rudolphy noted two
substantial changes that involved increased department heads ability to select professional services by expanding the
definition of professional services and increased the threshold of direct selection from $10K to one-half the amount
permitted by A.R.S. Title 34, Chapter 6, specifically $125K and also raise the threshold for informal procurements to
$ l0K for open market purchases and to $50K from $30K for small purchases not requiring Council approval.
Councilmember Brown questioned that if this amendment would have allowed sign -off on the $106K proposal for
IMS. Town Manager Miller answered that the $106K was a different service and Town Attorney McGuire added that
there were two different questions; one being the procurement and to sign off on a contract being two different things.
He continued that the method of procurement was opening up to non-competitive procurement for professional
services up to $125K and affected the way to select a vendor and the signature authority would be capped at $50K
under the new proposal and anything over the $50K would need Council's approval.
Councilmember Yates asked under the direct select process what the process by the low bid was. Town Attorney
McGuire explained the change was in policy and not the code and involved the Request for Quotes (RFQ) and Request
for Pricing (RFP) processes used to award and receive prices unless it was in the Town's best interest not to use a
company and that would be determined on professional services by the Town's procurement Agent Town Manager
Miller who could and did delegate that roll to Finance Director Rudolphy.
Councilmember Tolis asked if the current policy allowed for preference for local businesses to be considered for
professional services for the Town and Mr. Rudolphy answered there were no provisions. Town Attorney McGuire
answered that under Arizona Law that was not allowed and explained there were only four exceptions that allowed for
other than low bid construction. He explained and provided specific examples.
Councilmember Brown MOVED to approve Resolution 2016-37 declaring as a public record that the certain
document filed entitled "Amendments to Town Code Chapter 3, Article 3, Procurement, dated December 1, 2016, as
presented and Vice Mayor DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #10 — CONSIDERATION OF ORDINANCE 16-13, ADOPTING THE "AMENDMENTS TO
TOWN CODE CHAPTER 3, ARTICLE 3, PROCUREMENT, DATED 1, 2016" BY REFERENCE AND
AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 3, ARTICLE 3, BY REVISING
PROVISIONS RELATED TO PROCUREMENT.
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Mayor Kavanagh asked if there were any speaker cards on agenda item 10, Ordinance 16-13 and Town Clerk Bender
answered none were received. Mayor Kavanagh asked for a motion.
Councilmember Yates MOVED to approve Ordinance 16-13, adopting the "Amendments to Town Code Chapter 3,
Article 3, Procurement, dated December 1, 2016, by reference and amending the Town Code Chapter 3, Article 3, by
revising provisions related to procurement and Councilmember Brown SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #11 — CONSIDERATION OF RESOLUTION 2016-36 ADOPTING THE TOWN OF
FOUNTAIN HILLS PROCUREMENT POLICY DATED DECEMBER 1, 2016.
Mayor Kavanagh asked if there were any speaker cards on agenda item 11, Resolution 2016-35 and Town Clerk
Bender answered none were received. Mayor Kavanagh asked for a motion.
Vice Mayor DePorter MOVED to approve Resolution 2016-36, adopting the Town of Fountain Hills Procurement
Policy dated December 1, 20016 and Councilmember Yates SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0).
AGENDA ITEM #12 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Mayor Kavanagh requested that the concerns expressed during the public hearing regarding the Golden Eagle
Boulevard truck traffic and "jake braking" be discussed. Town Manager Miller stated that he would follow-up with
the Public Works Director and MCSO Captain Letoumeau on an enforcement plan.
AGENDA ITEM #13 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Mayor Kavanagh stated that she and Town Manager Miller attended "The United in Giving 12% Grants Event" to
express their appreciation to the Salt River Pima-Maricopa Indian Tribe for this generous donation of $35K to the
Town for tourism. Mayor Kavanagh expressed the Town's gratitude to the Tribe and mentioned those in attendance
from the Tribe who were Salt River President Delbert Ray, Vice President Martin Harvier and the Tribal Council
members.
Mayor Kavanagh attended the "Back the Badge" event in Fountain Hills along with hundreds of the Town's residents
to honor Town's first responders with the fountain turned blue. She expressed her thanks to Town staff and the
organizers of the event, Linda Bellenir, Phyliss Kern, Gary Lvov and Kathie Cook -Martis.
Mayor Kavanagh stated that the Thanksgiving Day Parade was a big success for the Chamber of Commerce and
thanked them for the event and she mentioned that this event was the only Thanksgiving Parade west of the
Mississippi.
Mayor Kavanagh reported that the "Turkey Trot" was again a huge success for the Town and on behalf of the Council
thanked Town staff members Mark Mayor, Rachael Goodwin, and Corey Povar for organizing the event along with the
Mayor's Youth Council and Heather Ware for their very early morning preparation of snacks for the runners. Mayor
Kavanagh also thanked all the wonderful volunteers who gave -up their Thanksgiving morning to work the event since
it would not have been possible without them. She also mentioned that Senator John Kavanagh once again announced
the "Turkey Trot".
Mayor Kavanagh expressed she enjoyed speaking before the "Home School" government class where the students
were interested in learning about their Town government functions and what Councilmember role involved. The
Mayor pointed out that the students have planned a trip to our State Capital and Senator Kavanagh has offered to give
them a private, insider tour.
Mayor Kavanagh thanked Amy Burnett who is the "Information and Education Program Manager for Arizona Game
and Fish" who gave a very informative presentation on the dangers of feeding wildlife in Town. Ms. Burnett's talk
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centered on the feeding of javelina since there had been attacks on residents by these animals last April and the
message needed to get out once again to the residents and those returning winter visitors who may be thinking about
feeding these wild animals. Ms. Burnett had stressed that anyone who knows someone in Town who is feeding
javelina to call the Game and Fish Hotline at 1-800-352-0700, and believed by reporting that information could save
both people and pets from attacks in their neighborhood.
Councilmember Yates expressed he once again looked forward to working with Councilmembers and staff and
congratulated the new and returning Council members.
AGENDA ITEM #14 - ADJOURNMENT
Councilmember Brown made a MOTION to adjourn the meeting and Councilmember Yates SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 9:04 p.m.
TOWN OF FOUNTAIN HILLS
LM
ATTEST AND
PREPARED BY:
Bevelyn J. Bender, 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 1St day of December, 2016. 1 further
certify that the meeting was duly called and that a quorum was present.
DATED this 15th day of December, 2016.
Bevelyn J. Bender, Town Clerk
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