HomeMy WebLinkAbout2017.0202.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 2, 2017
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 — Reverend Dr. Cathy Northrup, the Community Church of the Verdes
ROLL CALL -
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick
DePorter, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Dennis Brown,
Councilmember Art Tolis, Councilmember Henry Leger. Town Manager Grady E. Miller, Town Attorney Andrew
McGuire, and Town Clerk Bevelyn Bender were also present.
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i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO
ECONOMIC DEVELOPMENT.
Mayor Kavanagh reported that she attended the Greater Phoenix Economic Council (GPEC) meeting and had met with
several site selectors looking for possible business locations. Mayor Kavanagh announced that one selector was
interested in Fountain Hills and that she had immediately forwarded the contact information to Scott Cooper to follow-
up. Mayor Kavanagh stated that at this time 32% of the business prospects from GPEC were from California and 24
international prospects were from Canada, China and parts of Europe.
Mayor Kavanagh pointed out that the "Velocity Program" was going forward strengthening technology through
partnerships with schools and especially Arizona State University and community colleges.
Mayor Kavanagh mentioned that GPEC had introduced new technology within their website that allowed for staff
notification when someone was visiting their website, what information was viewed, with staff contacting that
company or person for additional follow-up information concerning the valley.
Vice Mayor DePorter commented that he had attended the Maricopa Association of Governments (MAG) Regional
Council meeting for the first time and noted that MAG was working on a master plan to revamp the I-10 and I-17
corridor adding HOV lanes where needed and a light rail expansion that would past and across the 1-17 in several
locations. Vice Mayor DePorter added that MAG funds would be allocated to update bus stops to cover compliance
with the Americans with Disability Act (ADA) and expressed that Mayor Kavanagh had asked him to bring issues
addressing the lack of transportation in Fountain Hills to the group to explore.
Vice Mayor DePorter also brought up that MAG's audit was a success and Fountain Hills had been mentioned as one
of the local municipalities that participated in awards for their financial reporting.
Mayor Kavanagh announced the Town's official representative to serve on the Fountain Hills Coalition committee
would be Councilmember Tolis and that he would be reporting on their activities. Councilmember Tolis stated he
attended the Coalition meeting recently and added it was a pleasure to serve on this committee.
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CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bender answered that Mr. Randall
Forsberg requested to address the Council.
Randall Forsberg, a Fountain Hills resident, contractor and real estate broken in Fountain Hills, outlined his concerns
on a lot spit and land disturbance fines assessed in the amount of $1 OK then raised by Town Manager Miller to 18K for
lot 18A in Palatial Estates. Mr. Forsberg was unclear why the Town was asking for additional money since previous
owners paid fines for disturbance on part of the lot and the ordinance had changed and outlined that no fines would
currently be assessed on a like property. Mr. Forsberg requested the help from the Council in this matter. Mayor
Kavanagh explained that Council could not respond at this time, but would look into the matter using the inclusive
report from Mr. Forsberg's notes and maps.
Town Manger Miller added that staff would bring back to Council information regarding Mr. Forsberg's concerns.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM JANUARY 19, 2017.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2017-03, APPROVING THE REVISED TOWN
ORGANIZATIONAL CHART FOR THE DEVELOPMENT SERVICES DEPARTMENT AND REVISED
JOB DESCRIPTIONS FOR THE CHIEF BUILDING OFFICIAL/PLANS EXAMINER AND BUILDING
PERMIT TECHNICIAN POSITIONS.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE SECOND AMENDMENT TO CONTRACT
C2016-128 WITH GEUTHER ELECTRICAL, INC. TO INCREASE THE CONTRACT FROM $59,999 TO
$109,999, FOR ELECTRICAL SERVICES.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A TEMPORARY EXTENSION OF PREMISES
LIQUOR LICENSE APPLICATION FOR EURO PIZZA (MERITA KRAYA), LOCATED AT 12645 N.
SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ, IN CONJUNCTION WITH THE MEMORIAL
CHAMPIONSHIP DISC GOLF TOURNAMENT, FROM 10:00 AM TO 7:00 PM ON SATURDAY, MARCH
4, 2017.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING A TEMPORARY EXTENSION OF PREMISES
LIQUOR LICENSE APPLICATION FOR EURO PIZZA (MERITA KRAYA), LOCATED AT 12645 N.
SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ, IN CONJUNCTION WITH THE MOUNTAIN TO
FOUNTAIN 15K, FROM 7:00 AM TO 12:00 PM ON SUNDAY, MARCH 5, 2017.
Mayor Kavanagh requested a motion on the consent agenda items as written.
Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED the
motion.
A roll call vote was taken with the following results:
Vice Mayor DePorter
Aye
Councilmember Magazine
Aye
Councilmember Leger
Aye
Councilmember Tolis
Aye
Councilmember Yates
Aye
Councilmember Brown
Aye
Mayor Kavanagh
Aye
The motion CARRIED UNANIMOUSLY (7-0).
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REGULAR AGENDA
AGENDA ITEM #6 - CONSIDERATION OF A REWARD PROGRAM TO HELP LEAD TO THE ARREST
AND CONVICTION OF INDIVIDUALS INVOLVED IN VANDALISM AND OTHER CRIMES IN
FOUNTAIN HILLS.
Town Manager Miller explained there had been a rash of vandalism recently in Fountain Hills and noted
Councilmember Tolis along with the support from Mayor Kavanagh suggested a rewards program as an additional way
to help solve crimes. Town Manager Miller acknowledged the Maricopa County Sherriff's Office (MCSO) and their
great work investigating the incidents, but noted that no eyewitness had come forward nor had the video surveillance
been of any help to identify the perpetrators. Town Manager Miller stated that information would be provided to the
public to promote the program and he asked for Council's direction so he could move forward to initiate and promote
the program with $1OK funding drawn from the Town's Contingency Fund and to allow a $1K reward for information
on vandalism or other types of crimes in Fountain Hills. He also pointed out that the valleys "Silent Witness" program
was used mostly for severe crimes and with the Town's own reward program used in Fountain Hills.
Councilmember Tolis MOVED to approve the creation of a reward program as a tool to lead to the arrest and
conviction of individuals involved in crimes in Fountain Hills, and authorize the Town Manger to take the necessary
steps to transfer $10K from the contingency Account to fund an account specifically for the creation of the reward
program and Councilmember Yates SECONDED.
Mayor Kavanagh asked for a discussion on the motion.
Councilmember Magazine asked if this was for the leading to an arrest of a crime. Town Manager Miller answered it
was for the arrest and conviction of a crime.
Councilmember Brown asked Town Attorney McGuire if the Town could give the reward to the person convicted for
restitution purposes and Town Attorney McGuire suggested the question be given to the Town's Prosecutor.
Councilmember Yates asked MCSO Captain David Letourneau to elaborate on the vandalism occurring in Town and
give any updates. Captain Letourneau stated there were no leads on the tire slashing or Church vandalism, only
theories, but no back-up and he expressed his support for the program as that would be a tool to help authorities solve
some crimes.
Councilmember Tolis stated he would appreciate unanimous support and mentioned that this program would also help
the school district and tie in with the Fountain Hills Coalition program.
Mayor Kavanagh noted that people post information on facebook at times along with follow-up information on
suspicious activities but the information would be too late for any action and she encouraged people to call
immediately, because there may be a reward for the information.
Captain Letourneau pointed out when an issue happened with clowns seen in the park where numerous people called
authorities and reported the sighting that helped solve the problem and he also expressed his support for the schools
"Text -a -Tip".
Mayor Kavanagh asked for a vote on the motion.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #7 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM
INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN
OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
Town Manager Miller stated that Councilmember Magazine had expressed concerns on Senate Bill 1431 regarding,
school vouchers for students with special needs or other designated groups as it would be an expansion of the
"Empowerment Scholarship Program" for families to apply for and receive 90% of the value of the admittance to a
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charter school or special school allowing parents the flexibility to choose where their students attend school. Town
Manger Miller pointed out that the program would be phased in over the next four years with 1/2% of student
population and capped at 5,400 students per year.
Councilmember Magazine pointed out that last year Governor Ducey vetoed this same bill and now once again the bill
was being introduced. Councilmember Magazine expressed that he felt this was harmful Legislation for Fountain Hills
since the Town was attempting to bring in young families and this action could possibility erode Fountain Hill's school
enrollment and divert funding from public schools.
Councilmember Yates stated he respectfully disagreed with Councilmember Magazine and explained his personal
situation with his son who suffers with highly functional aspergers but for several reasons was unable to attend the
local school. Councilmember Yates noted that his family was able to travel and give their son the specialized private
school necessary for his development. He also supports people for being involved in the local school system to make
them better noting that he supported the current special needs schools available in Fountain Hills.
Mayor Kavanagh expressed she did not believe this bill would take students out of Fountain Hills due to the schools
good system and pointed out that this bill targeted schools that were under -performing. She expressed support for this
bill that allowed parents to choose where their students would be better served.
Councilmember Magazine stated that he was sensitive to Councilmember Yates's situation but questioned why the
Legislature did not build in classes or give 100% to every student in the form of a stipend. Mayor Kavanagh
maintained the funds were not extra money going to the parents, but the funds followed the student to the school of
choice, in any school district. Councilmember Magazine believed funding was not for families with lower incomes
who could not make-up the difference in cost to attend their choice of schools. Mayor Kavanagh assured that families
did not have to make-up the difference in funding because the school would accept the $5,200.00 to attend.
Councilmember Magazine stated that lower income families would not likely have the mobility to transport their
student to the school of their choice.
Councilmember Yates requested to address HB2213 (GPLET) that made numerous amendments to the Government
Property Lease Excise Tax (GPLET) statute; he expressed this was bad Legislation due to the numerous
"grandfathered" clauses affecting so many people previously and currently. Councilmember Yates pointed out that he,
Senator John Kavanagh, Mayor Miles and Mayor Giles had already signed on against this bill and requested Council to
review and see why this was bad Legislation.
Town Attorney McGuire noted that HB2213 was scheduled for the House Ways and Means committee on Monday
with a hearing to follow for a short turn -around. Councilmember Yates requested a vote of all Councilmembers to
express their opposition to this bill as written. Mayor Kavanagh offered to continue this discussion at the next Town
Council meeting and Town Manager Miller added that this item would be listed on the next agenda.
Councilmember Leger asked if the League of Cities and Towns were in support of this bill and Councilmember Yates
answered that after close examination both GPEC and the League of Cities and Towns were in opposition of this bill as
written.
AGENDA ITEM #8 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
None
AGENDA ITEM #9 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Mayor Kavanagh acknowledged Pastor Don Lawrence's retirement. Councilmember Tolis added Pastor Lawrence has
served Christ's Church for 33 years. Councilmember Tolis stated he presented Pastor Lawrence with the proclamation
issue last Council meeting from the Town followed by Mayor Kavanagh's presentation of the proclamation at the
second service. Councilmember Tolis said that Pastor Lawrence's church was uplifting and well attended and pointed
out that Pastor Lawrence had formerly served on the Town Council and was a pillar in the community.
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Mayor Kavanagh stated she was a member of the League of Cities and Town's budget committee and had attended a
meeting recently. She also mentioned that she had been volunteered to serve on the Neighborhood and Sustainability
Committee, which she will be reporting on in the future. Mayor Kavanagh thanked the volunteers who participated in
the "EXPO" showcasing the Town's volunteers and their service while signing up additional volunteers. Mayor
Kavanagh acknowledged the Town's Volunteer Coordinator Heather Ware and her volunteers who also attended and
signed -up volunteers.
Mayor Kavanagh reported that the "Navajo Indian Arts Festival" was a success and well attended and she mentioned a
disc golf tournament that was held in Fountain Park. She acknowledged Shelly Mowrey who was a guest speaker at
the Fountain Hills Coalition Mayor's Youth Council as well as thanked a Boy Scout Troop for their attendance at the
meeting and offered the scouts a tour of Town Hall.
AGENDA ITEM #10 - 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 7:17 p.m.
TOWN OF FOUNTAIN HILLS
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 2°aday of February, 2017. 1 further certify
that the meeting was duly called and that a quorum was present.
DATED this 16th day of February, 2017.
Bevelyn J. Bender, Town Clerk
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