HomeMy WebLinkAbout2017.0420.TCREM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
APRIL 20, 2017
EXECUTIVE SESSION
Mayor Kavanagh called the Executive Session to order at 5.33 p.m. in the Fountain Conference Room - 2nd Floor,
Town Hall.
AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO:
A.R.S. § 38-431.03(A)(1), DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT,
APPOINTMENT PROMOTION DEMOTION DISMISSAL SALARIES DISCIPLINING OR
RESIGNATION OF A PUBLIC OFFICER (SPECIFICALLY, THE TOWN MANAGER'S ANNUAL
PERFORMANCE EVALUATION).
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember Nick
DePorter, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis, and
Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire and Town Clerk
Bevelyn Bender were also present.
Vice Mayor Alan Magazine was absent.
Councilmember Yates MOVED to go into Executive Session at 5:33 p.m. and Councilmember DePorter SECONDED
the motion, which CARRIED UNANIMOUSLY (6-0).
AGENDA ITEM #2 - ADJOURNMENT.
Mayor Kavanagh adjourned the Executive Session without objection at 6:26 p.m.
REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:36 p.m. in the Fountain Hills Town Hall Council Chambers.
INVOCATION Deccan Dick Smith a representative from the Church of the Ascension, Roman Catholic
Church.
ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember
Art Tolis and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire and
Town Clerk Bevelyn Bender were also present.
Vice Mayor Alan Magazine attended via conference call.
MAYOR'S REPORT
i) THE MAYOR WILL READ A PROCLAMATION RECOGNIZING MAY 4, 2017, AS FOUNTAIN
HILLS DAY OF PRAYER.
Mayor Kavanagh read the proclamation (available on-line and in the office of the Town Clerk) declaring May 4`h
as FOUNTAIN HILLS DAY OF PRAYER and acknowledged the celebration of the 66`h anniversary of the
"National Day of Prayer".
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SCHEDULED PUBLIC APPREARANCES/PRESENTATIONS
i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO
ECONOMIC DEVELOPMENT.
Mayor Kavanagh introduced Councilmember Tolis who gave an update on the Fountain Hills Coalition.
Councilmember Tolis reported that the Coalition held their last meeting for the school year and the Coalition
would reconvene in August. Councilmember Tolis noted the accomplishments the organization had made over the
year with a significant reduction in the numbers in drug use, alcohol use and substance abuse in Fountain Hills
with continued outreach. Councilmember Tolis remarked he enjoyed being part of the organization and
representing Fountain Hills.
ii) RECOGNITION OF RETIRING COMMUNITY SERVICES DIRECTOR MARK MAYER FOR HIS
15+ YEARS OF SERVICE TO THE TOWN OF FOUNTAIN HILLS.
Town Manager Miller expressed the Town's sadness in hearing of Community Services Director Mark Mayer's
impending retirement in May. Mr. Miller listed some of the many accomplishments made under his direction
during his 15+ years of employment with the Town and thanked him for a job well done.
Mr. Mayer thanked Mayors, Councils, and Department Managers for their support over the years.
Mayor Kavanagh and Mr. Miller presented Mr. Mayer with a plaque for his dedicated service.
Mayor Kavanagh also recognized Maricopa County Sherriff Captain Dave Letourneau who was leaving Fountain
Hills for rotation to another assignment and stated that Captain Hank Brandemarte was assigned to Fountain Hills
as Captain. Mr. Miller expressed the Town's appreciation to Captain Letourneau for his service for the past three
years as the Town's Police Chief serving in an exemplary fashion and for a job well done.
Captain Letouneau complimented the Town for the team work he had experienced and expressed how much he
had enjoyed working in Fountain Hills.
Mayor Kavanagh and Mr. Miller presented Captain Letourneau with a plaque in appreciation for his service to
Fountain Hills.
Mr. Miller introduced Captain Hank Brandemarte, who indicated he was coming from MCSO's District 2,
MCSO's largest patrol district. He expressed his appreciation for the opportunity to serve as Captain,
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were requests to speak and Town Clerk Bender answered no requests were received.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MARCH 14 AND 16, 2017.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COOPERATIVE PURCHASING
AGREEMENT C2017-079 WITH UTILITY CONSTRUCTION, INC, IN THE AMOUNT NOT TO EXCEED
140,000.00, FOR LIGHTING UPGRADES AND MAINTENANCE TOWN WIDE.
AGEMDA ITEM #3 - CONSIDERATION OF APPROVING CONTRACT #C2017-108 WITH LN CURTIS
FOR AN EAGLE AIR BREATHING AIR COMPRESSOR FOR SELF-CONTAINED BREATHING
APPARATUS, IN THE AMOUNT OF $52,153.96.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED
the motion.
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A roll call vote was taken with the following results:
Councilmember DePorter Aye
Vice Mayor 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 # 4 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE
PERMIT TO ALLOW VERIZON WIRELESS TO INSTALL A 34' TALL, FAUX WATER TOWER,
CELLULAR ANTENNA AT THE ADERO CANYON ENTRY GATEHOUSE SITE. CASE # SU2016-01
Mayor Kavanagh stated there would be one staff report presented for agenda items 4 and 5, with requests to speak
taken during agenda item #4.
Mayor Kavanagh opened the Public Hearing at 6:55 p.m.
Development Service Director Bob Rodgers presented the information contained in the staff report and PowerPoint
presentation (available on-line and in the office of the Town Clerk). Mr. Rodgers stated that the Planning and Zoning
Commission held a public hearing on this request on March 23, 2017, voting 5-2 to forward a recommendation that
Council approve the Special Use Permit (SUP) noting that staff also recommended approval.
Councilmember Leger asked if MCO Properties gave any feedback on the proposed SUP and Mr. Rodgers answered
that Jeremy Hall, from MCO Properties, had expressed his support and that the other builders in this development were
also notified but did not provide any feedback. Councilmember Leger added that he was satisfied that the builders in
this development would be made aware of the cellular tower and its location, which helped soften his position.
Councilmember Yates asked if the tower fell, what would it fall on; Mr. Rodgers responded the tower would fall on the
road not on any other structures.
Councilmember Brown expressed his support noting that he and Jeremy Hall had come up with this idea for a tower as
it fits the area.
Vice Mayor Magazine questioned the concerns expressed from the two Planning and Zoning Commissioners who did
not support the SUP and Mr. Rodgers answered their concerns were related to the aesthetics for the area and Town.
Councilmember DePorter said he was not excited about the look of the tower, but mostly he was concerned that if
Council approved the SUP, what liability would the Town take on if the tower would fall and cause damage to a
person or structure. Town Attorney McGuire stated that everyone involved with this project would be named in a
lawsuit if damage occurred, the courts would decide who was responsible.
Mayor Kavanagh said that the tower would look better than a palm tree and would fit into the overall theme of the
development and gave her support.
Councilmember Leger asked if additional equipment would be necessary when building moved further up the canyon
and Mr. Rodgers introduced Jason Sanks, the Verizon representative, who answered that there may be future plans to
enhance the signal and explained that this tower serviced Copperwynd and the area closest to Scottsdale. Mayor
Kavanagh expressed that she was happy to know Copperwynd Resort would receive needed coverage. Mr. Sanks
continued to describe the project and added that a new law would impact future needs.
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Councilmember DePorter asked who received the lease money and Mr. Sanks answered that MCO Properties was their
landlord and the lease was signed between Verizon and MCO. Councilmember DePorter asked if another carrier could
use the Verizon tower and Mr. Sanks responded there was capacity to piggy -back, but questioned if the tower was tall
enough for their needs.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none had been received.
Mayor Kavanagh closed the Public Hearing at 7:09 p.m.
AGENDA ITEM #5 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW
VERIZON WIRELESS TO INSTALL A 34' TALL, FAUX WATER TOWER, CELLULAR ANTENNA AT
THE ADERO CANYON ENTRY GATEHOUSE SITE. CASE # SU2016-01
Mayor Kavanagh asked if there was any further discussion and if not requested a motion.
Councilmember Yates MOVED to approve the Special Use Permit to allow the 34' tall cellular antenna to be installed
inside the faux water tower structure as presented and in the location proposed and Councilmember Brown
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2017-11, AUTHORIZING SUBMISSION OF A
GRANT APPLICATION TO THE ARIZONA SPORTS AND TOURISM AUTHORITY FOR
INSTALLATION OF LIGHTING AT DESERT VISTA SKATE PARK; AND APPROVING THE
ACCEPTANCE AND EXECUTION OF ANY RESULTING GRANT AGREEMENT AND AUTHORIZING
THE EXPENDITURE FOR THE TOWN'S PORTION, IN THE AMOUNT OF $23,800.
Mr. Miller stated that he and staff met to identify community needs that possibly grants would be available for and
pointed out that the Town had previously received a grant for the Town's tennis courts last year from the same
organization that had provided significant funding for that project. Mr. Miller pointed out a major need identified was
lighting at the Desert Vista Skate Park to improve the utilization of the park after dark especially during the winter
months when the daylight time was shorter. Mr. Miller added that a quote of $70K was received for the project and
with a 1/3 match from the Town ($23,800) he felt the Town had a good chance of receiving the grant. Mr. Miller
introduced Acting Community Service Director Rachael Goodwin and asked that she elaborate on the proposal and
noting she would then be available to answer questions.
Ms. Goodwin stated that Mr. Miller presented a good overall explanation for the request and added that the Skate Park
was the only Town amenity that had only day -time hours and since this was a popular area especially in the cooler
weather noting 40 to 50 people using the Skate Park daily and also allowed the use for skate boarders, in-line skaters,
scooters and bicycles making this a multi-purpose facility.
Councilmember Yates asked if the grant required a particular type of light and Ms. Goodwin answered that it was
important to fit the same type of lighting already in other park locations using LED's. Councilmember Yates asked if
there were time to apply for add on grants such as a solar grant and Ms. Goodwin noted it was a stackable grant with a
timeline for submittal in May 2017, with notification on grant approval in early fall and then in October the Town
would need to show that funding was secure. Ms. Goodwin said she could look into additional grants with
construction beginning in January 2018.
Councilmember DePorter expressed his support for this application, the project chosen, and complimented staff on
their great work. He also noted the safety factor with installing Skate Park lights.
Mayor Kavanagh asked if there were any speaker cards and if not, requested a motion.
Councilmember DePorter MOVED to adopt Resolution 2017-11, approving a grant application and funding for the
Arizona Sports and Tourism Authority Youth and Amateur Sports Biennial Grant and Councilmember Yates
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
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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.
a. League of Cities and Towns Bulletin(s)
Mayor Kavanagh and Mr. Miller both stated they did not have a report on the Legislature.
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AGENDA ITEM #9 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE MAYOR INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER.
Councilmember Yates reported he attended the Four Peaks Rotary meeting recently where he gave an economic update
on the Town with statistics that Fountain Hills had approximately 24K residents with a medium age of 55 years and
yearly average income of $100K. He included that the Town's proposed budget for next fiscal year was $34M and the
best per capita in the valley. Councilmember Yates remarked the housing market average was $753K with the average
selling price of $410K.
Mayor Kavanagh reported that the "Eggstravaganza" was one of the Town's premier events for kids in Fountain Hills
with a draw from nearby cities and was so important to help promote Fountain Hills as a family -friendly place to live.
The Mayor stated that the success of this annual program was solely due to the hard work of the Community Services
and park staff involved both before and after the event and noted staff came up with even more great ideas to better the
program such as dividing up the age groups on the three fields allowing equal competition for gathering the eggs and
keeping parents at bay along with creating a very nice backdrop for "floppy Bunny" pictures. She added that staff
took picture of families with "Hoppy" and made them available on the Town's website to give the families a special
memory and drive their interest to the Town's website. Mayor Kavanagh wanted to congratulate the Community
Service Department and park staff for all their hard work in making this family event not only a huge success again,
but for always striving to make it better. Mayor Kavanagh reported that "Hoppy Bunny" made a stop at Fountain
View Village again this year to visit with the residents who provided an egg hunt, a stuffed animal and treats for the
McDowell Mountain pre-school kids.
Mayor Kavanagh gave a big "Thank You" to Consul Bogumil and Elizabeth Horchem for hosting a dinner at their
home for the families and students who would be travelling to Poland and noted the students would visit the Town's
newest sister city "Zamosc".
Mayor Kavanagh acknowledged the "Silver Rose Ceremony", which honored Vietnam Veterans who had suffered
debilitating and sometimes fatal diseases due to exposure to Agent Orange. Mayor Kavanagh declared that to this day
the Federal Government had never acknowledged that Agent Orange illnesses were wartime injuries that justify purple
hearts for those afflicted. She stated that there was a ceremony at the American Legion where the "Silver Rose
Organization" presented each of the Veterans or sadly in many cases to the relatives, a metal to acknowledge there
wartime injuries in place of a receiving a purple heart. Mayor Kavanagh offered to help the Legion to petition our new
President Donald Trump and ask him to recognize these Veterans and the Legion also thanked the Town for its help
with the "Legion Riders" motorcade that preceded the ceremony.
Mayor Kavanagh mentioned the Easter Sunrise Service that filled Fountain Park with hundreds of people at 6:00 a.m.
and the organizers especially wanted her to thank the Town for its assistance in helping with this event once again.
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AGENDA ITEM #10 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Vice Mayor Magazine SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 7:20 p.m.
TOWN OF FOUNTAIN HILLS
:A
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 Executive Session, held in
the Fountain Conference Room — 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 20'h day of April, 2017. 1 further certify that the meeting was duly called and that
a quorum was present.
DATED this 4'h day of May, 2017.
Bevelyn J. Bender, Town Clerk
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