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HomeMy WebLinkAbout2016.1215.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 15, 2016 REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Fountain Hills Town Council Chambers. INVOCATION — Pastor Todd Forrest was not in attendance. Mayor Kavanagh asked for a moment of silence. 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. 10IFEWC173070Z1371y (i) None SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Mayor Kavanagh did not have anything to report. iii) PRESENTATION BY THE FOUNTAIN HILLS BRANCH MANAGER FOR THE MARICOPA COUNTY LIBRARY DISTRICT VICKI NOVAK REGARDING ACTIVITIES AND EVENTS. Mayor Kavanagh pointed out that item (ii) as noted on the agenda would be moved to item (iii) due to the absence of The League of Arizona Cities and Towns. Mayor Kavanagh introduced Ms. Vicki Novak who presented a report and information included in a PowerPoint presentation (available on line or in the office of the Town Clerk). Ms. Novak reported on the Libraries book activities, programs and events the Library supported in the Fountain Hills community. Mayor Kavanagh and Vice Mayor DePorter expressed the Town's appreciation for all the wonderful activities and support they gave the community. Councilmember Magazine mentioned the "Friends of the Library" organization commenting that Mrs. Magazine was president for three years and still gave advice. He noted that they were both were involved in fundraising and participated in the overall support. Town Manager Miller inquired to the total investment that the Town received from the County, with the only Town investment being the facilities and some maintenance. Ms. Novak did not know the total, but stated she would forward the information to Town Manager Miller so he could share with Council. Town Manager Miller expressed that the Town's investment was small in relationship to the benefits the Town received and expressed his appreciated. ii) PRESENTATION ON THE COUNCIL/MANAGER FORM OF GOVERNMENT AND OVERVIEW OF THE UPCOMING 2017 LEGISLATIVE SESSION BY LEAGUE OF CITIES AND TOWNS EXECUTIVE DIRECTOR KEN STROBECK AND DEPUTY DIRECTOR TOM BELSHE. z:Acouncil packets\2017\r170105\161215m.docx Page 1 of 15 Neither Mr. Strobeck nor Mr. Belshe was in attendance to present at this time and the Mayor moved forward with the meeting. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bender answered there were no requests received. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM NOVEMBER 17 AND DECEMBER 1, 2016. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2016-40, AMENDINGTHE STANDARDS OF FINANCIAL DISCLOSURE FOR LOCAL ELECTED OFFICIALS; AND DECLARING AN EMERGENCY. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2016-42, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED IN A PORTION OF THE WESTERLY SIDE PROPERTY LINE OF PLAT 401B, BLOCK 5, LOT 26 (17103 E. CYPRUS POINT COURT), AS RECORDED IN BOOK 155, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA (EA2016-06). AGENDA ITEM #4 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE FOUNTAIN HILLS THEATER (PATRICIA TORRILHON) FOR THE PROMOTION OF A FUND RAISER TO BE HELD AT THE THEATER, LCOATED AT 11445 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ FROM 5:00 P.M. TO 11:00 P.M. ON SATURDAY AND SUNDAY, FEBRUARY 11 AND 12, 2017. AGENDA ITEM #5 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLCIATION FOR THE FOUNTAIN HILLS THEATER (PATRICIA TORRILHON) FOR THE PROMOTION OF A FUND RAISER TO BE HELD AT THE THEATER, LCOATED AT 11445 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ FROM 5:00 P.M. TO 11:00 P.M. PM ON SUNDAY, APRIL 30.2017. AGENDA ITEM #6 — CONSIDERATION OF APPROVING A FAIR/FESTIVAL LIQUOR LICENSE APPLICATION FOR CELLAR 433 (JOHN MCLOUGHLIN) FOR THE PROMOTION OF A FUND RAISER TO BE HELD ON AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH FOUNTAIN HILLS SCULPTURE AND WINE EXPERIENCE, FROM 10:00 P.M. TO 5:00 P.M., FRIDAY, JANUARY 13 THROUGH SUNDAY, JANUARY 15, 2017. AGENDA ITEM #7 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR GRAND CANYON WINERY, INC. (CHARLES MARTINET) TO BE LOCATED ALONG THE AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH THE THUNDERBIRD ART AND WINE SHOW, FROM 10:00 A.M. TO 5:00 P.M. DAILY, FROM FRIDAY, MARCH 24 THROUGH SUNDAY, MARCH 25, 2017. AGENDA ITEM #8 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQOR LICENSE APPLICATION FOR GRAND CANYON WINERY, INC. (CHARLES MARTINET) TO BE LCOATED ALONG THE AVENUE OF THE FOUNTAINS, IN CONJUNCION WITH THE FOUNTAIN HILLS SCULPTURE AND WINE EXPERIENCE, FROM 10:00 P.M. TO 5:00 P.M. DAILY, FROM FIRDAY, JANUARY 13 THROUGH SUNDAY, JANUARY 15, 2017. AGENDA ITEM #9 — CONSIDERATION OF APPROVING A COOPERATIVE PURCHASE AGREEMENT (C2017-068) WITH SUNLINE CONTRACTING, LLC, FOR PAVEMENT MARKING AND SYMBOLS, IN AN AMOUNT NOT TO EXCEED $50,000. z:Acouncil packets\2017\r170105\161215m.docx Page 2 of 15 AGENDA ITEM #10 — CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO COOPERATIVE PURCHASE AGREEMENT (C2016-164.1) WITH ALPHA FENCING & IRONWORKS, FOR GUARDRAIL REPAIR, REMOVAL AND REPLACEMENT, IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR FY2016-17, AND $25,000.00 FOR EACH OF THE NEXT TWO YEARS FOR A TOTAL NOT TO EXCEED $75,000.00. AGENDA ITEM #11 — CONSIDERATION OF RESOLUTION 2016-38, ADOPTING THE TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY, AMENDED AND RESTATED DECEMBER 15, 2016. AGENDA ITEM #12 — CONSIDERATION OF BUDGET TRANSFERS IN THE AMOUNT OF $34,665.51; $25,000.00 TO THE VEHICLE REPLACMENT FUND FROM GENERAL GOVERNMENT CONTINGENCY AND $9,665.51 TO FOUNTAIN PARK OPERATIONS FROM GENERAL GOVERNMENT CONTINGENCY. Mayor Kavanagh requested a motion on the consent agenda items as written. Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED the motion. 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 #13 — CONSIDERATION OF APPOINTING ONE (1) CITIZEN TO SERVE ON THE STRATEGIC PLANNING ADVISORY COMMISSION TO FILL A VACATED TERM, WHICH BEGINS ON DECEMBER 15, 2016 AND ENDS ON JUNE 30, 2017. Mayor Kavanagh MOVED to appoint John McHugh to serve on the Strategic Planning Advisory Commission for a term beginning on December 15, 2016, and ending on June 30, 2017, and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Mr. McHugh was in attendance and Mayor Kavanagh asked him to stand and be recognized and thanked him for volunteering to serve. AGENDA ITEM #14 — CONSIDERATION OF THE DESIGN CONCEPT SELECTION OF THE FIRE STATION #2 RELOCATION PROJECT. Town Manager Miller stated that Council was requested to accept one of the four concept designs for the new Fire Station #1, which would be a $4M project with most costs absorbed through the collection of Town's Development Impact fees designated for fire services. Town Manager Miller introduced Fountain Hills Fire Chief Dave Ott who gave opening remarks. Chief Ott explained the new fire station would be located on Fountain Hills Boulevard and Muskrat Lane with funds allocated from the 2016-17 Capital Improvement Project program. Chief Ott stated that the new station would decrease response time within the service area to even out the calls with fire station #1. He reported that the station z:Acouncil packets\2017\r170105\161215m.docx Page 3 of 1E would be approximately 9,600 square feet containing a public meeting area, Maricopa County field office or public safety service space, kitchen and other areas to be utilized by staff. Chief Ott added that there would be a shared driveway with EPCO and the building features would blend in with the surrounding residential community. Chief Ott pointed out that open houses were held for the property owners to give feedback, which were positive for all the concept plans presented. Chief Ott also mentioned that the fire staff had expressed their preferences of concept design. Chief Ott introduced Tamera Caraway and Jonathan Schmid who represented Hunt Caraway Architecture to present details and information included in a PowerPoint presentation (available on line or in the office of the Town Clerk). Ms. Caraway presented background information on Hunt Caraway and their qualifications for this project and explained the placement of the building with consideration for the surrounding homes in the area and described how truck parking and lighting plans were addressed. Mr. Schmid addressed the floor plan of the fire station and explained the different concept plans, and pointed out the difference in plans that involved different roofing materials, stone or tile veneers, porticos or gables on the roof with various changes on the interiors to gain the look of a house rather than a fire station. Mayor Kavanagh asked Chief Ott which concept plan was the fire personnel's choice and Chief Ott answered concept plan number four that included solid doors being maintenance free and the plan blended in with area homes. He added they liked the roof line, stone accents and colors and felt it was the best site layout that worked for staff, which kept noise levels at a minimum. Mayor Kavanagh asked if the cost was the same as the other concept plans and Chief Ott stated that it was within the funds allowed for exterior design and the best blend for the area. Councilmember Yates agreed with Chief Ott on the solid doors due to their size and asked based on the topography why did Hunt Caraway choose a two building concept instead of one larger main building. Chief Ott answered that the topography slope and the distance from the top to the bottom side along with the roof line fit the site. Councilmember Yates asked if there were any other value engineering options beside the exterior that could be captured before the bidding process. Chief Ott reported that the design stage was at 30% and initial plan review had been completed. He added that staff was starting to add value options along with the bidding documents and should be ready in February or March 2017, and expressed the importance of picking value options sustainable for years to come. Councilmember Brown stated he was disappointed that all the concept plans presented looked the same and he was concerned with the heating and cooling in the building lay-outs that appeared not to be practical with wood exteriors on the structures involving high maintenance over the years, as this was not the best product for Arizona. Councilmember Brown complimented Hunt Caraway on the art of the building, but would like to have fewer walls due to heating issues and cooling loss. Councilmember Brown questioned the top sleeping quarters and the type of gutter system necessary to prevent a possibility of leaking and being high in maintenance. He also questioned the topography and the need to address the maintenance items. Councilmember Brown suggested combining both buildings and eliminating exterior walls while still achieving an attractive building. Chief Ott explained that the exterior product would not be wood but had the look using composite or metal material to lessen maintenance and noted the area housing mechanical equipment would eliminate exposure to the neighbors above the building. Councilmember Brown expressed he would like to see a complete concept plan and the proposal on the mechanical equipment. Chief Ott explained some of the equipment would be housed above the bay area with some on the southside of the building. Mayor Kavanagh asked Mr. Schmid if he would address those questions or give other ideas. Mr. Schmid explained that the proposed concept plans eliminated the multi-pitched roof and noted on the renderings the buildings were not as tall as they appeared and the buildings actually were 2 feet lower in height and explained the areas in the elevation of the land that had to be addressed. He also mentioned that the air-conditioning would only involve the living areas and office spaces with equipment rooms using evaporative coolers with overhangs on the buildings used for energy savings. Councilmember Brown questioned the rendering presented to Council if the buildings were not as tall as shown. Mr. Schmid provided assurances that the rendering was created looking down on the building and it was hard to perceive the height of the buildings. Councilmember Tolis expressed his support for the project and its proposed location; he asked about the signage designating the building as a fire station that would identify for residents where they were located and suggested the possibility of painting the doors red. Councilmember Tolis also questioned the egress of the fire trucks and its lighting z:\council packets\2017\r170105\161215m.docx Page 4 of 15 plan. Mr. Schmid pointed out that the Town's Master Plan for Fountain Hills Boulevard would be modified to address lighting issues. Councilmember Magazine expressed his confidence in Councilmember's Brown expertise and proposed that he meet with those involved in the planning to discuss possible modifications and then return to Council to discuss and make a decision. Councilmember Brown accepted this proposal. Chief Ott expressed his support of the floor plan and mentioned that staff had directed Hunt Caraway on the esthetics of the plan more than the functionally and felt the concept design fit well in the neighborhood and met fire staff's needs. He added that he was open to meeting with Councilmember Brown for suggestions and pointed out their proposed schedule to start construction was in May/June 2017 with the opening of the station during the first quarter of 2018 for service. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh asked if there were further discussion or questions from Council, otherwise, she requested a motion. Councilmember Yates MOVED to table action to allow Councilmember Brown time to review the plan and address any further cost saving options and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Councilmember Brown stated he would make himself available anytime since the schedule on the project was extremely aggressive and he did not want to delay the project. Town Manager Miller requested the concept plan be ready by the second meeting in January 2017. Mayor Kavanagh thanked Councilmember Brown for agreeing to the proposal by Councilmember Yates as well as Chief Ott, and Hunt Caraway representatives for their presentation. AGENDA ITEM #15 — DISCUSSION WITH POSSIBLE DIRECTION TO THE STRATEGIC PLANNING ADVISORY COMMISSION RELATING TO THE DRAFT 2016 STRATEGIC PLAN INCLUDING SUGGESTED CHANGES PRIOR TO ITS FINAL ADOPTION AT A FUTURE COUNCIL MEETING. Town Manager Miller introduced the Chairman of the Strategic Planning Advisory Commission (SPAC) Dana Saar who presented the draft 2016 through 2020 Fountain Hills Strategic Plan for Council's consideration to help guide Town activities including policy recommendations, Town operations and capital improvement projects. Chairman Saar presented the plan and information included in a PowerPoint presentation (available on line or in the office of the Town Clerk) covering the following elements: Vision Mission Values Process Community with the help from Vision Fountain Hills Strategic Priorities (listed five) Plan Format including action items (total of 24) and Strategic Outcomes/Results (total of 22) Economic Development action items/Results (total of five) Town Infrastructure action items/Results (total of five) Attract Families and Working Professionals action items/Results (total of seven) Financial Stability and Sustainability action items (total of three) Results (total of four) Community/Quality of Life action items/Results (total of five) Chairman Saar asked Council for their input on the plan and requested additional feedback, suggesting that a work study be held in February to finalize the 2016 through 2020 Strategic Planning document prior to its adoption and z:\council packets\2017\r170105\161215m.docx Page 5 of 15 implementation. Chairman Saar stated that after the plan's approval the roll of SPAC would change to monitoring and modifying the plan to keep the vision active and keep the community involved until it could be mostly completed by 2020. Mayor Kavanagh stated that Chairman Saar and those involved did a tremendous job and expressed her appreciation. Councilmember Brown noted the extensive information Council received during Chairman Saar's presentation and supported holding a work study giving them time for the Council to review the information carefully and completely. Councilmember Brown MOVED to hold a work study on the draft 2016 Fountain Hills Strategic Plan document and Vice Mayor DePorter SECONDED the motion. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered one had been received. Dori Wittrig, a Fountain Hills resident and co -chairperson for the Vision Fountain Hills group and co -chairperson of the Leadership Academy, pointed out the steps involved in the Vision Fountain Hills and added the groups' support for the 2016 SPAC document. Ms. Wittrig noted the factors involved that made Fountain Hills a wonderful community with the surrounding areas, entities and what plans were for its future. Ms. Wittrig requested Council's approval for this document and pointed out that the Town's financial stability was important and stressed the importance for the community to support Council on their decisions necessary to maintain the needs of the community such as roads and facilities that were aging faster than the Town could afford to repair and maintain. Ms. Wittrig stated that Vision Fountain Hills stood ready to help with providing information to the community and their hope was to achieve the goal of a bright and sustainable future. Councilmember Magazine thanked everyone for speaking and stated that he and Vice Mayor DePorter were prior members of SPAC that were involved in the 2010 SPAC plan and they too understood all the work that was involved. Councilmember Magazine stressed that in 2010 finance stability was top priority at that time and felt nothing had been accomplished since to address the issues and pointed out the problems were only getting worse. He asked Town Manager Miller for a process going forward to address the Town financial issues. Town Manager Miller stated that during the last retreat Council discussed the financial policy and the shortfall that the Town was facing and everyone agreed that increased revenues was a top priority and proposed more dialog within the community to understand the problem the Town faced. He suggested a `Blue Ribbon" or "Citizen" committee to be transparent through open citizen meetings in the attempt to agree on recommendations and receive input. Town Manager Miller mentioned that during the visioning process it was suggested to implement a primary property tax, but although he understood this was not popular within the community. He stated it was necessary for property owners to understand the Town's financial need for additional revenues before the question was presented to the voters so they would be well informed. Councilmember Magazine expressed his opposition that approach since the Vision Fountain Hills previously held meetings to receive input and felt this only delayed the inevitable. Councilmember Tolis stated that he respectfully disagreed with Councilmember Magazine's statement that nothing had changed, noting that since 2008 and 2010 when the economy was terrible, development and growth had increased in Fountain Hills and pointed to the new downtown development with 400 apartments that would be creating vitality in Town. Councilmember Tolis also pointed to the up and coming school district bringing in families and the State Trust Land as being an asset for growth in the community. He pointed out that the 2016 SPAC plan had high levels goals including affordable housing that encouraged growth more full-time residents. Mayor Kavanagh clarified Town Manager Miller's statement that after Council made their recommendations to create needed revenues, at that time a Blue Ribbon committee would be assigned to bring those recommendations to the public for their input on an option and deciding before placing an initiative on the ballot. Chairman Saar agreed that communication must be improved and increased by social media reaching property owners to inform them of the Town's financial status and stressed this should be started as soon as possible. He also sighted z:\council packets\2017\r170105\161215m.docx Page 6 of 15 that current laws must be considered and asked everyone to look out 30 years and past 20 years to make sure the revenue source was viable. Mayor Kavanagh asked that Council hold questions tonight and then review the plan in preparation for a work study. Councilmember Magazine expressed that the Town could not grow their way out of the financial shortfall due to the unknown in growth within the community and noted the ongoing increases in expenditures and consideration made to revenues staying the same with a cumulative shortfall of at least $5.9M deficient in five years. Councilmember Tolis observed that the largest expenses were fire and police and pointed out that a primary property tax had failed to pass four times previously; he felt a proposed property tax would not pass again even with additional information. Councilmember Tolis asked for additional options to be discussed such as establishing a fire district again with a secondary tax to pay for specific services rather than expenses without accountability. Chairman Saar stated he and those on the committee would be available anytime to meet with Council to discuss options to create a plan for success. Councilmember Leger complimented everyone involved for the tremendous job and spoke to the issue of revenue solutions and felt that the next step should be was to consolidate the operational action items in the proposed Strategic Plan and incorporate those items into the budget and move forward. He felt this process would create the review discussions on what the Town could or could not afford. Councilmember Leger brought up the Town contracted Hocking Report from Hocking Financial Consultants listing a spectrum of revenue solutions and should be utilized and then decide the next steps along with a communication plan instead of recreating the sources. Mayor Kavanagh maintained that everyone was in agreement that further discussions were needed along with a work study. Town Manger Miller interjected that he and SPAC Chairman Saar would use the proposed plan and would add action items to be implemented along with responsible parties and dates, which would also help SPAC monitor the plans progress in the future. Mayor Kavanagh asked for a vote on the current motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #16 — CONSIDERATION OF RESOLUTION 2016-33, APPROVING THE REVISED TOWN ORGANIZATIONAL CHARTS FOR THE ADMINISTRATION DEPARTMENT AND THE COMMUNITY SERVICES DEPARTMENT, REVISED FY216-17 PLAN, REVISED SCHEDULE OF AUTHORIZED POSITIONS AND REVISED JOB DESCRIPTION TO RECLASSIFY THE TOURISM COORDINATOR POSITION TO COMMUNICATION AND MARKETING COORDINATOR. Town Manager Miller explained the need to improve coordination of the Town's communication and marketing efforts by utilizing Grace Guetter, a very talented staff member, as the Town's Tourism Coordinator and who would split her time at 20% as the Communication and Marketing Coordinator balancing her time with her current position supervised by the Recreation Coordinator Rachael Goodwin with no increase in salary. Ms. Guetter would be under the Town Manager's supervision to enhance and ensure consistency of messaging and branding for the Town. Town Manger Miller noted that the Administrative Services Director David Trimble was present to answer any questions. Councilmember Yates questioned the two supervisor approach and asked if this was the best option. Town Manager Miller stated he believed this job approach would work and stressed that that Ms. Goodwin would be the primary supervisor. Vice Mayor DePorter and Councilmember Magazine stated their support for this plan and commented that it was very important for one person to handle Town communications. Mayor Kavanagh pointed out that the Town was fortunate to have a staff member that could excel in both positions. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh asked for a motion. z:Acouncil packets\2017\r170105\161215m.docx Page 7 of 15 Councilmember Yates MOVED to approve Resolution number 2016-33 and Councilmember Magazine SECONDED N the motion, which CARRIED UANIMOUSLY (7-0). AGENDA ITEM #17 — CONSIDERATION OF RESOLUTION 2016-41, APPROVING THE TOWN OF FOUNTAIN HILLS PERONNEL POLICIES AND PROCEDURES AMENDMENT RELATING TO MERIT LEAVE EXEMPT LEAVE POLICIES AND DECLARING AN EMERGENCY. Town Manager Miller explained the need to clarify, improve, and offer consistent guidance on certain employee leave policies under the Fair Labor Standards Act (FLSA) and noted two new sections of the Town of Fountain Hills Personnel Policies and Procedures manual were recommended including "Exempt Leave" and "Merit Leave". Town Manager Miller explained that staff proposed offering exempt employees forty hours per year of use -or -lose "Exempt Leave" to recognize the many hours in excess of forty hours per week, which may be required, but were not compensated, which would be in addition to vacation leave. Town Manager Miller introduced Administrative Services Director David Trimble to give further information and answer questions. Mr. Trimble stated that the policy did not require new expenditures and that it was requested the Council declare an emergency so as to allow the policy to go into effect immediately. Vice Mayor DePorter stated his support and that he felt this was a fantastic policy as he liked its flexibility. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh asked if there was further discussion or questions from Council, otherwise, she requested a motion. Councilmember Leger MOVED to approve Resolution 2016-41 and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #18 — PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW EPCOR WATER TO INSTALL A 50' TALL RADIO ANTENNA AT THE ADERO CANYON BOOSTER PUMP STATION AND RESERVOIR SITE. CASE NUMBER SU2016-04. Mayor Kavanagh opened that public hearing at 8:18 p.m. Mayor Kavanagh stated there was one staff report for items 18 and 19. Development Services Director Robert Rodgers addressed the Council and presented the staff report and information included in a PowerPoint presentation (available on line or in the office of the Town Clerk). Mr. Rodgers stated that the EPCOR water tank site was located on the border between Parcels 7 and 8 in Adero Canyon and EPCOR requested a 50' tall radio antenna to properly monitor their water tank. EPCOR's request exceeded the 30' height limit of the R1-43 zoning district by 20', but could be waived for communication towers as part of a Special Use Permit if the Town Council deemed appropriate. Mr. Rodgers added that to his knowledge no complaints had been received on this plan. Planning and Zoning Commission recommended approval with one stipulation was that a clarification of the height of the tower to be 50' or 52' tall. Mr. Rodgers reported that staff also recommended approval. Mayor Kavanagh asked if there were any comments from the builders in Adero Canyon and Mr. Rodgers answered that all associated contractors in Adero Canyon were sent a notification letter and no comments were received by staff. Councilmember Leger requested clarification that MCO Properties supported this request and Mr. Rodgers stated they were satisfied. Vice Mayor DePorter asked why the antenna was not stealth and Mr. Rodgers answered that the antenna could be but typically saguaro types were not built over 40' tall and palm trees were not desired and he noted that the antenna would be gray in color and would blend into the surrounding area. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. z:Acouncil packets\2017\r170105\161215m.docx Page 8 of 15 Mayor Kavanagh closed the public hearing at 8:23 p.m. AGENDA ITEM #19 — CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW EPCOR WATER TO INSTALL A 50' TALL RADIO ANTENNA AT THE ADERO CANYON BOOSTER PUMP STATION AND RESERVOIR SITE. CASE NUMBER SU2016-04. Mayor Kavanagh asked if there were further discussion or questions from Council, otherwise, she requested a motion. Councilmember Yates MOVED to approve the Special Use Permit and allow EPCOR to install a 50' tall Monopole Wireless Radio Communication Antenna at 14401 N. Eagle Ridge Drive with one stipulation from the Planning and Zoning Commission and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7- 0). AGENDA ITEM #20 — CONSIDERATION OF RESOLUTION 2016-17, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE TOWN OF FOUNTAIN HILLS NOISE REGULATIONS. Mayor Kavanagh stated there was one staff report for items 20, 21, 22 and 23, and that separate motions would be required on items 20, 21 and 23. Town Manager Miller introduced Development Services Director Robert Rodgers who presented the staff report and information included in a PowerPoint presentation (available on line and in the office of the Town Clerk). Town Manager Miller explained that this was a two-step process including recommendations and direction to staff after receiving input during the December 1, 2016, Council meeting on this subject and now staff was returning with a new proposal for Council's consideration. Town Manager Miller also informed Council that a after receiving a complaint from a North Heights resident concerning truck "Jake braking" staff took the liberty to include language addressing that issue. Mr. Rodgers recalled Council's meeting on December 1st where staff was directed to amend the Noise Ordinance with five directives, which were included in the currently proposed amendment and listed in the staff report. Mr. Rodgers stated that staff recommended approval. Mayor Kavanagh expressed that recently she had responded to a request to include leaf blowers in the ordinance and she told them that leaf blowers had already been addressed in the ordinance and requested confirmation that her response was correct and Mr. Rodgers agreed it was in the ordinance. Councilmember Brown asked Councilmembers to reconsider eliminating "Jake braking" due to the three miles of downhill run from Eagles Nest to the high school and the possibility that trucks loaded would not have braking power when reaching the end of the road due to brake overheating and loss of braking power, which would be dangerous. Councilmember Brown also noted that the trucking company (as he was told) spoke to the person with the complaint about the issue in hopes of explaining the situation. Councilmember Magazine proposed lowering the decibel level from 70 to 65 since it appeared the higher level would be from traffic after reviewing other municipalities and their codes. Mayor Kavanagh reviewed the decibel level discussion from the last meeting and reiterated that Council had already lower the decibel level from 79 to the current proposal of 70, which was confirmed by Mr. Rodgers. Mayor Kavanagh asked if there were further discussion or questions from Council, otherwise, she requested a motion. Vice Mayor DePorter MOVED to approve Resolution 2016-17, declaring as a public record that certain documents entitled "The Town of Fountain Hills Noise Regulations" and Councilmember Yates SECONDED the motion. z:Acouncil packets\2017\r170105\161215m.docx Page 9 of 15 Councilmember Brown requested to eliminate the language related to "fake braking" in the motion. Councilmember Yates RESCINDED HIS SECOND to the motion and Vice Mayor DePorter RESCINDED THE MOTION. Councilmember Brown MOVED to approve Resolution 2016-17, declaring as a public record that certain documents entitled "The Town of Fountain Hills Noise Regulations" and striking the comment on fake brakes as being restricted on Golden Eagle Boulevard and Councilmember Yates SECONDED the motion. Town Attorney McGuire asked Council for clarification since the noise ordinance was a generic Town -wide coverage for jake brakes; he questioned if they wished to leave the "jake brake" language in the ordinance and restrict it with respect to Golden Eagle Boulevard only and Councilmember Brown agreed. Councilmember Tolis questioned what other options trucks had if all trucks were restricted from "jake braking" because not every truck does it. Councilmember Brown said that he did not know of any other option. Councilmember Brown stated that he had spoke to Steadfast Trucking the responsible company running the trucks on Golden Eagle Boulevard and commented that a ten wheeler carried approximately 85K pounds where a single axle truck carried 6K pounds of materials and that it was the weight of the load the made it necessary to use their jake brake. Councilmember Brown asked the Town's Superintendent of Streets Justin Weldy to confirm his assessment regarding the size and weight of trucks allowed to use of their "jake brakes". Mr. Weldy agreed and added that newer trucks had "retarders" installed that did not create the loud noise as much as the older trucks. Councilmember Yates asked Maricopa County Sheriff Captain Letourneau if calls for services on this issue had been received on a regular basis and Captain Letourneau answered in 2016 MCSO received 8 coded complaint calls for construction noise and he stressed if complaints increased in this area MCSO would inspect the trucks for truck safety issues along with speaking to the contractor. Captain Letourneau mentioned that noise complaints for service in the last year totaled four and if Council changed the decibel level MCSO could receive more calls such as for the use of leaf blowers. Councilmember Tolis questioned the need for the entire noise ordinance since "jake braking" could be due to unsafe trucks. Captain Letourneau stated that "jake braking" was loud and was not necessarily due to unsafe trucks and agreed "jake braking" was the safest way to come down Golden Eagle Boulevard and noted that unsafe trucks would include break lines or bad tires. Mayor Kavanagh asked Captain Letourneau if there were only four complaints for business noise in 2016 and he answered that was correct but could not tell if day or night. Councilmember Magazine asked if school buses "jake braked" and Captain Letourneau answered that school buses were not built to "jake brake". Councilmember Leger asked for clarification on the motion and asked if Councilmember Brown could restate the motion. Councilmember Brown stated his motion was the exact proposed verbiage except he had added to strike the comment on "jake braking" on Golden Eagle Boulevard only. Councilmember Leger clarified that Councilmember Brown was creating an exemption for trucks using Golden Eagle Boulevard from the "jake braking" restriction. Councilmember Brown confirmed that was correct due to Golden Eagle Boulevard being the only permitted truck route access to Eagles Nest; he noted that if trucks could use Sunridge Canyon roads it would make a difference, but that was not a permitted truck route. The Mayor called for the vote, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #21 — CONSIDERATION OF ORDINANCE 16-10, ADOPTING THE TOWN OF FOUTNAIN HILLS NOISE REGULATIONS BY REFERENCE AND AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 11, SECION 11-1-17, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. z:\council packets\2017\r170105\161215m.docx Page 10 of 15 Mayor Kavanagh asked for the speaker cards. Chad Miesen, representing Attorney for the Villas at Copperwynd Homeowners Association and stated his office was located in Phoenix, AZ, stated the Villas opposed the Noise Ordinance as currently proposed with three objections. Mr. Miesen pointed out the decibel chart, Table 2 that did not adequately protect residents in multi -family communities and created two problems involving the intrusion and violation into citizen's homes to measure noise levels that was not required in single family homes and did not protect those wanting to enjoy their patios or balconies due to loud noises. Mr. Miesen recommended eliminating or modifying the language for the measurement location in multi -family communities to be an area of exclusive use and controlled such as the patio or balcony. He also pointed out an inconsistency in Table 2, Subsection I-8 of the proposal allowing loud noises until 11:00 p.m. with a Special Use Permit and noticing the footnote number 2 specifying the time only as 11:00 p.m. and suggested completely eliminating Subsection 1-8 since it contradicted each other. Mr. Miesen proposed the decibel level should be changed to a maximum of 56 decibels during daytime hours and 45 decibels at night, to be consistent with neighboring Towns. Joel Trumper, a Fountain Hills resident, stated he was a retired Chicago Police Officer and explained how Chicago Police measured noise by using meters and described the problems encountered with this process. Mr. Trumper recommended the noise level be measured from the complainant's property line with a designated distance from where the noise was coming from eliminating repetitive calls for service received on the same complaint. Warren Whitton, a five year Fountain Hills resident stated he had tolerated loud noises from the Alamo establishment on Saguaro Boulevard for years and was encouraged that the Town was strengthening the Noise Ordinance so residents could have peace at night especially after 12:00 a.m. Mayor Kavanagh pointed out that Councilmembers were proposing to limit the decibel level after 10:00 p.m. Amberleigh Dabrowski, a five year resident of Fountain Hills, encouraged Council to come to a resolution on this issue tonight. She felt the Ordinance was a valuable investment to enforcing the code regulations with staff's recommendations agreeable. Ms. Dabrowski also supported Councilmember Brown's proposal to exempt the truck route on Golden Eagle regarding' Jake braking". Jeremy Dougherty, General Manager for the Copperwynd Resort residing in Phoenix, AZ, agreed with the current proposal and spoke to the strict noise levels adhered to by other valley resorts. Mr. Dougherty announced there were big plans for the Copperwynd Resort and the Noise Ordinance would be factors in their growth to bring in more visitors and creating an increase in the Town revenues. He agreed that 70 decibels was reasonable and noted 50 decibels was very quiet for outdoor activities. William Hinz, owner of the Copperwynd Resort, supported the proposed Noise Ordinance and acknowledged all the time and research given to this issue along with comments from MCSO, which were valuable. Mr. Hinz pointed out the MCSO received only four noise complaints within the last year and stressed the resort would do everything to comply with running a business. He mentioned that the homeowners were made aware that they were buying in a resort area through the CC&R's. Mr. Hinz also expressed that the resort would contribute highly to the $5.9M shortfall the Town would be experiencing with their bed tax and stated that decibels lower than 70 would not allow the resort to hold events and be detrimental to their business and revenues. Mr. Hinz explained the distance from venues and the villas and the lack of calls to MCSO for service on complaints and felt that lowering the level more than 70 would increase those calls and not allow MCSO the needed discretion. Mr. Hinz stated how much effort he and the Resort had invested in the noise issue and would support 70 decibels and requested consideration to 80 decibels allowed outdoors due to the noise from the Resort's tennis courts events and location. Mayor Kavanagh requested additional information on the Villas CC&R's signed off by the home buyers. Mr. Hinz stated that the developer of the resort also built the villas and created a CC&R's discloser acknowledging they were purchasing next to a resort and accepting they would not complain about the noise. Councilmember Magazine asked Mr. Hinz if his resort valley competitors were closing due to the lower decibel levels in their codes and stated he found most communities had decibel levels lower than 70 for the same type of business as the Resort. Mr. Hinz answered that he found some levels were higher and some lower depending on where the noise level was measured from as indoor versus outdoor facilities. Councilmember Magazine questioned if those venues z:\council packets\2017\r170105\161215m.docx Page 11 of 15 were close to residential housing. Mr. Hinz pointed out that the largest wedding venue in Phoenix "The Secret Garden" allowed 80 decibels until 10:00 p.m. and would then move the event indoors or lower the noise or be allowed higher noise levels as requested by Special Use Permit; Scottsdale had separate noise levels for resorts allowing them higher levels. Mike Dickerson, MD Acoustics located in Gilbert, AZ, agreed with Mr. Hinz and noted that lower levels and the times allowed would also affect all business owners. Mr. Dickerson pointed out that a conversation at 60' distance would measure 60 decibels, clapping of hands would exceed 70 decibels at 30' away and added that other communities had addressed these issues in their Strategic Plan by not allowing tennis courts to be built close to residential properties. Mr. Dickerson supported the proposed 70 decibels at the property line. Councilmember Magazine pointed out all the monitoring numbers received from MCSO staff from around Town and it appeared that the highest levels were due to traffic. Mr. Dickerson added distance from the source was a factor. John Kirkeide, a part-time Fountain Hills resident and full-time Arizona resident, stated that he lived in the Copperwynd area and the noise levels were not a concern for him due to his property location, but he was previously concerned with the noise coming from Sunridge Canyon a few years ago, which was no longer an issue due to a change in ownership of the venue. Mr. Kirkeide proposed that the ordinance would still be the loudest in any valley community surrounding Fountain Hills and disagreed with previously stated decibel levels listed for some of the valley areas and he made note of them, which he felt were more reasonable then the Town's proposed levels and encouraged Council to lower the decibels to the 55-60 range in residential areas. Mr. Kirkeide maintained that Mr. Hinz purchased the Copperwynd in a residential area and then removed vegetation that absorbed sound and he also disputed Mr. Hinz claim that the Villas CC&R's directly pointed to the resort area and misrepresented a contract clause. Dori Wittrig, a Fountain Hills resident and local realtor, mentioned she and her company initially sold all the condominiums at the Copperwynd Resort and she had worked with the Developer. She said the resort always struggled to make a profit and felt it was not beneficial to grossly limit venues and their noise levels since the Town had now proposed a good Ordinance. Ms. Wittrig supported the additional amendment concerning the truck noise issue and stressed there would always be noise within a community. Ms. Wittrig addressed the vegetation situation at Copperwynd stating its current plants were in need of a trim and requested the Town citizens be reasonable and let businesses be profitable. Mayor Kavanagh asked for further Council discussion. Councilmember Magazine asked for a review of the decibel readings from MCSO during Town's venues. Captain Letoumeau stated a wedding at Copperwynd and a reading at Grapeables were both under 80 decibels and stressed it all depended on the location from the source. Traffic readings were at the highest (in the 70's) and a school bell measured 67.2 decibels. Councilmember Magazine asked staff if traffic was exempted and Mr. Rodgers noted it was not listed as an exemption. Councilmember Magazine inquired if MCSO would respond to a traffic complaint and Captain Letourneau answered probably not unless it was a complaint such as "fake braking". Councilmember Magazine stated he was not only concerned for businesses but also the residents. Captain Letourneau spoke about Copperwynd tennis court events and pointed out with the clapping that would be taking place would be noisy. Councilmember Magazine pointed out that MCSO would use their discretion on those types of events and he did not see a problem. Councilmember Magazine stated his support for 70 decibels, but felt it was more an optic issue in being the highest noise level in the valley. Councilmember Yates reiterated that 80-85 decibels at the source required ear protection and that people attending a venue would complain if that level was reached and stressed that the economic development plan focused on how to help businesses thrive and he also supported the 70 decibel level and the overall proposed amendments. Vice Mayor DePorter described a situation he experienced recently while attending a party, which was visited by police due to the noise level and commented on the discretion used by the deputy in asking the homeowner to turn down the music noting that the police never had to come back. z:\council packets\2017\r170105\161215m.docx Page 12 of 15 Vice Mayor DePorter MOVED to approve Ordinance number 16-10, the Noise related amendments to Section 11-1-7 of the Town Code, as presented and Councilmember Alan Magazine SECONDED. Mayor Kavanagh asked if the amendment included the "Jake braking" and Town Attorney McGuire answered due to the prior agenda item that amended the prior public record the "Jake braking" would be included in the amended version. Councilmember Yates requested to amended the motion and add "with MCSO's discretion." Councilmember Leger questioned if their discretion wasn't already a part of the Town's Code Enforcement Policy. Councilmember Yates rescinded his amendment. Mayor Kavanagh stated there was a late speaker card received. Boe James, a Fountain Hills resident, expressed that he and three of his neighbors who live closest to the Copperwynd Resort met recently and discussed the Noise Ordinance and all agreed that they enjoyed the music from the resort's venues and felt it was good for the community. Mayor Kavanagh asked for any discussion on the motion from Council. Councilmember Tolis expressed his opinion that with the amount of staff time used to address this issue and noted they did a good job on the Ordinance, along with input from other professionals pointing out the challenges he stressed that he did not want a sound police department due to receiving only four complaints in a year for business noise. He felt that the Town did not need a device that the residents would rely on for enforcement and action and asked for a community effort to communicate with their neighbors. Councilmember Tolis stated is opposition to the Noise Ordinance as he did not feel it was needed. Town Attorney McGuire clarified two questioned areas that were as addressed and included in Section 2:03 of the Zoning Ordinance that explained the difference in the Temporary Use Permit administratively issued and a Special Events Permit involving such large events such as the Great Fair and staff also addressed the definition of dwelling unit involving the patio or baloney areas. Mayor Kavanagh asked for a vote from Council on the current motion. The MOTION PASSED (6-1), with Councilmember Tolis casting the nay vote. AGENDA ITEM #22 — PUBLC HEARING TO RECEIVE COMMENTS ON ORDINANCE 16-08, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE NUMBER Z2016-05. Mayor Kavanagh opened the public hearing at 9:30 p.m. Mayor Kavanagh asked if there were any discussion or questions from Council and none were initiated. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh closed the public hearing at 9:30 p.m. AGENDA ITEM #23 — CONSIDERATION OF ORDINANCE 16-08, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE NUMBER Z2016-05. Mayor Kavanagh asked if there were further discussion or questions from Council, otherwise, she requested a motion. Councilmember Yates MOVED to approve Ordinance number 16-09 and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\councilpackets\2017\rl7OlO5\161215m.docx Page 13 of 15 AGENDA ITEM #24 — UPDATE BY TOWN MANAGER GRADY MILLER REGARDING THE FOUNTAIN LAKE WATER QUALITY. Town Manager Miller presented his report and information regarding the Request for Proposal (RFP) (available on line and in the office of the Town Clerk). Town Manager Miller reviewed the completion date as stated in his staff report had been revised to a date no later than June 12, 2017 and mentioned that in September Council had held a work session on the lake water quality. Town Manager Miller passed out a timeline chart and copy of the "Request for Proposal" (RFP) cover page to Councilmembers noting that funds would be allocated from the Capital Improvement Program and additional funds allocated for future use. He added that the water storage system would cost approximately $1.5M and the new control system could be installed before the two year estimated date at $59K. Councilmember Yates asked if the Town's future RFP would be awarded to the lowest qualified bidder and Town Manager Miller said yes and explained that a section for qualifications would be reviewed for the companies meeting those guidelines for this project and given a scoring rating. Councilmember Yates commented on the time line and completion date and the need for installation before the lake had odor issues. Town Manager Miller explained the plan, which was to run the fountain earlier with the chemical treatments before complaints were received. He also noted that the Town would benefit from Salt River Project's rate reductions during the transition. Councilmember Leger asked if the schedule could be expedited and completed before the May odor issues begin and Town Manager Miller answered that the date was the worst case and noted there was lead time on ordering the aerator system, which could take six months to complete but that staff would do what they could. AGENDA ITEM #25 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. i) AT THE REQUEST OF COUNCILMEMBER MAGAZINE, THE TOPIC OF DIRECTING STAFF TO ANALYZE THE IMPACT OFA RECENT COURT CASE REGARDING THE ARIZONA PUBLIC SAFETY PENSION PLAN AS IT RELATEDS TO THE TOWN'S MCSO CONTRACT, HAS BEEN PLACED ON THIS AGENDA FOR THE PURPOSE OF DISCUSSION OF PLACING THIS TOPIC ON A FUTURE AGENDA FOR DISCUSSION AND POSSIBLE ACTION. Town Manager Miller explained that Council would have to agree to place this item on the agenda for discussion and acknowledged that Councilmember Magazine had requested this action some time ago and delayed due to process. Town Manager Miller added that there would be some impact on the Town's finances and staff would be following up and analyzing this issue. Mayor Kavanagh confirmed that this item would be agenized in the future. Vice Mayor DePorter asked if the Town could purchase just one decibel meter and Town Manager Miller answered that by ordering two meters, MCSO would always have a back-up if one was out for repair. Mayor Kavanagh asked what the cost would be for two meters and Town Manager Miller answered two would cost less than $5K. AGENDA ITEM #26 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. Mayor Kavanagh reported on the Candy Cane Carnival held at the Community Center recently and thanked Heather Ware, Ken Burling and his engineers, Town staff and all the volunteer elves for making this year's event a success and also mentioned if citizens missed the event they could stop by the Community Center and see the trains with operation hours posted on the Town's website. Mayor Kavanagh thanked the Chamber of Commerce for again bringing forward the Town's the "Stroll in the Glow" event, which had included the Town's beautiful lighting on the Avenue and Santa brought in by the Fire Department. z:\council packets\2017\r170105\161215m.docx Page 14 of 15 Mayor Kavanagh stated that the "Pearl Harbor Remembrance Day" was very moving and a solemn ceremony and she thanked all the Veteran groups for hosting the event at the Town's Memorial at Fountain Park and also noted the awesome flyover during the event. Mayor Kavanagh expressed the Town had some ribbon cuttings involving the fourth anniversary of Senor Taco located on Fountain Hills Boulevard and mentioned the other Senor Taco on Shea opened for eight years. She wished the owner continued prosperity at both of his restaurants. Mayor Kavanagh also pointed out the ribbon cuttings at "Allshouse Home Watch Service", "Fountain Hills Barber Shop" and "Mods for Rods" and thanked them for locating in Fountain Hills and wished them the best success with their businesses. Mayor Kavanagh ended by saying that on behalf of the Town Council she wished everyone a "Merry Christmas", "Happy Hanukkah" and "Happy Holidays". AGENDA ITEM #27 - ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Vice Mayor DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 9:43 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 15th day of December, 2016. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of January, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\r170105\161215m.docx Page 15 of 15