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HomeMy WebLinkAbout2011.0804.TCRM.Minutesz:\council packets\2011\r9-15-11\110804m.docx Page 1 of 17 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 4, 2011 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Schlum called the meeting to order at 6:30 p.m. held in the Town Hall Council Chambers. * INVOCATION – Fred Widom, Temple Beth Havigot * ROLL CALL Present for roll call were the following members of the City Council: Mayor Schlum, Vice Mayor Contino, Councilmember Leger, Councilmember Elkie, Councilmember Hansen and Councilmember Dickey. Acting Town Manager/Finance Director Julie Ghetti, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Councilmember Brown was not present at the meeting. * MAYOR’S REPORT The Mayor will read a proclamation declaring August 2011 as Drowning Impact Awareness Month. Mayor Schlum stated that Drowning Impact Awareness Month will raise awareness that the number and impact of child drownings in Arizona affects everyone. He noted that the drowning incidents in Arizona each year take the lives of the equivalent of a classroom of children. He said that it can happen to any family regardless of education, race or socio-economic background and that families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life. He stressed that water safety remains a priority for Arizona families, communities and government. He added that raising awareness will increase understanding and education of effective ways to prevent drowning. Mayor Schlum proclaimed August 1 through 31, 2011 Drowning Impact Awareness Month in Fountain Hills. Mayor Schlum announced that on August 17th in the Fountain Hills' Unified School District's Learning Center at 6:00 p.m. an El Salvador Night will be held to talk about the recent trip that the 44 youths from the High School and their chaperones took to the Town's Sister City Ataco. He advised that everyone is invited to come and enjoy that celebration and hear what the youths experienced on that trip. The Mayor also wished former Mayor Jerry Miles a happy 75th birthday and thanked him for all he has done and continues to do for the Town. He noted that they have a cookie with candles for him to blow out and make a wish as they all sing Happy Birthday to him. (The Council and audience members sang to Mr. Miles who acknowledged the presence of his family members in the audience.) * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS None. CALL TO THE PUBLIC Town Clerk Bev Bender advised that there was one citizen who wished to address the Council. Dina Galassini addressed the Council and stated that she is disappointed in the fire safety survey bill that she received. She said that according to an article in today's newspaper there are more coming down the pike -- a fee schedule for all the business owners that she feels is inappropriate. She advised that she has lived in Town for eight years and has owned a business before but has never received a bogus bill like this. She said that it z:\council packets\2011\r9-15-11\110804m.docx Page 2 of 17 doesn't even have a due date on it. She stated that she thought surveys were free. She added that when the Town had money they should have saved some for times like this. She advised that the Town and a lot of people are hurting financially right now and they pay nearly 10% in sales tax and a pretty hefty property tax, which she hears is going to go up as well. She expressed the opinion that the survey should have been paid for out of the Town's General Fund or something else Town-related and added that these should be refunds to business owners rather than bills. She said that this doesn't promote business, it hurts businesses. She noted that there are residents in Town who own out-of-State businesses and stated that perhaps they should receive a bill too. She added that the fire survey bill is nothing other than a hidden tax and she recently had an opportunity to spend $600 or $700 in Town but because of the bill she spent the money in another municipality. She advised that she will speak every time she receives one of these inappropriate bills. Mayor Schlum thanked Ms. Galassini for her comments. CONSENT AGENDA AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MAY 25, JUNE 2, AND JUNE 14, 2011. Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Dickey SECONDED the motion. A roll call vote was taken as follows: Councilmember Dickey Aye Mayor Schlum Aye Councilmember Leger Aye Councilmember Hansen Aye Vice Mayor Contino Aye Councilmember Brown Absent Councilmember Elkie Aye The motion CARRIED UNANIMOUSLY by those present (6-0). REGULAR AGENDA AGENDA ITEM #2 - CONSIDERATION OF APPROVING (i) THE FINAL PLAN FOR THE CENTENNIAL CIRCLE AND (ii) THE EXPENDITURE OF ANY REMAINING FUNDS FROM THE PAVER INSTALLATION, WHICH WAS BUDGETED AT $75,000, TO BE USED FOR IRRIGATION AND LANDSCAPING COSTS IN THE CENTENNIAL CIRCLE. Community Services Director Mark Mayer addressed the Council and introduced former Mayor Jerry Miles. He said that several months ago Mr. Miles, speaking on behalf of the Centennial Circle Committee, requested support from the Town Council to develop the area between the Community Center and the Library as a Centennial Circle. He noted that at that time Mr. Miles was directed to work with his group and come back before the Council with a potential final plan for their consideration. He added that the Council also agreed to set aside for this Fiscal Year $75,000 to cover the cost of pavers to replace the existing gravel (that was the estimate at that time). Since that time, additional estimates were received and they show that the cost of the pavers will likely be in the mid $50,000 range, leaving a balance in the fund of approximately $19,000. Because the price for the pavers will exceed the $20,000 limit under the Town's Purchasing Policy, formal bids will have to be obtained for the work and a contract awarded by the Council. He said that since there will be a remaining balance, Mr. Miles is here to request, on behalf of the Committee, that the remaining funds be used for landscaping and irrigation purposes. z:\council packets\2011\r9-15-11\110804m.docx Page 3 of 17 Mr. Miles addressed the Council and referred to renderings of the proposed project and said that bids for landscaping are being received in the $40,000 range. He added that the Committee would like to be able to utilize the surplus paving funds for landscaping. He advised that the Greening of the Downtown Committee is going to be strongly involved in designing the actual irrigation and they are applying to match the remaining funds in support of the landscaping and irrigation through a grant. They have also agreed to do the planting of the landscaping with volunteers, a tremendous help and savings. He noted that the eight monuments have been completely installed. He advised that six additional sites have been allocated for sculptures and the next item on the agenda seeks approval for the first of those six. They have also allocated 18 benches for people to sit on and expects that they will be paid for by private money. The Library Association, which already has made a major contribution towards the eight monuments, has invited Mr. Miles to address them at their September meeting. He said he is anticipating that they will provide some of the funds to pay for the park benches. He noted that there is a waiting list with the names of people who would like to buy a park bench down in the park in honor of a loved one but they are all filled up so he believes within the next 18 months the benches will be in and pai d for. Mr. Miles advised that then only the circular fence will be remaining and said the final design has not yet been approved. He stated that they might be coming back before the Council in another year to request funds to put the fence up. He explained what the project is going to look like when completed. He urged the Council to continue to support this worthwhile project. Mayor Schlum thanked Mr. Miles for his presentation. Councilmember Dickey MOVED to approve the final plan for the Centennial Circle and the expenditure of any remaining funds from the pavers to be utilized for landscaping/irrigation and Councilmember Elkie SECONDED the motion. There was one citizen who wished to speak on this agenda item. Nancy Ordowski addressed the Council and said that although the Circle has been empty for a long time, she questions spending this money and budgeting it at this particular time. The business owners have just been taxed $25.00 for a fire safety survey and the newspaper is reporting that there is going to be a property tax increase. She has no objections regarding the Circle itself -- just to spending the money at this particular time when more is being asked from the citizens. She stressed the importance of supporting businesses so that they can generate income and pay taxes to the Town. She stated the opinion that the Council has continuously dealt with these issues in a negative fashion. She said that a Councilmember has the contract to manage this project and she thinks it "smells." Mayor Schlum thanked Ms. Ordowski for her comments. Town Attorney Andrew McGuire advised that the Town has not issued any contracts related to the project. The only approvals have been what came before the Council -- to budget the money and then appropriate the money. Everything else has been done by volunteer efforts. Mayor Schlum thanked Mr. McGuire for the clarification. Councilmember Dickey noted that the Centennial Celebration should take place on February 12, 2012 and asked if everything will be in good shape by then. Mr. Miles stated that the pavers will be in by mid-fall and landscaping has to be in by mid-November so by that date they will have a truly beautiful circle that they can all be proud of. He said he hopes it will bring visitors to the community that will support the businesses. In response to a question from Councilmember Hansen, Mr. Miles advised that the proposed budget for the landscaping covers what is being shown in the plan. z:\council packets\2011\r9-15-11\110804m.docx Page 4 of 17 Councilmember Leger commented that the Council is very sensitive to the issue of spending and said he is not aware of any increase in taxation (there has not been anything on the agenda and no vote to specifically to do anything). He noted that the General Fund is for the general operation of the Town and asked Mr. Mayer to clarify what spending source is being utilized to fund this particular project. Mr. Mayer explained that the money is coming out of the Capital Improvement Fund, which is separate from the General Fund. He confirmed that this is a dedicated fund used specifically for these types of projects. Councilmember Leger asked Acting Town Manager/Finance Director Julie Ghetti to address the notion of an increase in taxes. Ms. Ghetti advised that the Town does not have a primary property tax and they could not implement one without voter approval. There are other entities in Town that do have a property tax such as the School and Sanitary Districts as well as the County. Councilmember Leger stated that he is amazed at the conspiracy theories that continually come forward from certain individuals. Mayor Schlum noted that because the actual Centennial celebration is in 2012, from a time standpoint they need to do something now. He added that the Circle has been there for some time but has not been usable. Mr. Mayer explained all of the community functions that that will be able to take place because of this project. He said that the project is time sensitive and will serve many different purposes. The Mayor said he can't think of a project they have done in Town over the last several years becau se of the economy. He stated that this is something to celebrate but it is also an investment during a difficult time that will have very positive impacts in the future. He thanked the Library Association for their involvement and commended Mr. Miles and the Committee for their excellent effort. Mr. Mayer commented that this is truly an example of a public/private partnership. The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #3 - CONSIDERATION OF ACCEPTING A DONATED BRONZE SCULPTURE OF AN EAGLE TITLED "AMERICA" FOR PUBLIC DISPLAY IN THE CENTENNIAL CIRCLE. Mr. Mayer addressed the Council relative to this agenda item and said that the Public Art Committee is asking the Council to consider the acceptance of a donated bronze sculpture o f an eagle by Native American artist Doug Hyde, titled "America" and its placement on public display in the Centennial Circle. Mr. Mayer reported that the annual insurance cost to the Town will be $94.60 based on the cost of $.43 per $100 in value. The piece is being donated by Jean and Rolland Lorenz and is valued at $22,000. Councilmember Elkie MOVED to accept the donated sculpture of an eagle titled "America" and place it on public display in the Centennial Circle and Councilmember Hansen SECONDED the motion. There were no citizens wishing to speak on this item. Mr. Mayer advised that the artist was not present and Councilmember Elkie asked Mr. Mayer to pass along to him the appreciation of the Council and the Town. Mayor Schlum commented on the generosity of the citizens, including Jean and Rolland Lorenz, who have donated fantastic works of art for display. z:\council packets\2011\r9-15-11\110804m.docx Page 5 of 17 Mr. Miles stated that the actual sculpture will be a lot bigger than what they are seeing now. It will be placed on a 42-inch high base and right now the thinking is to place it fairly close to the Museum which is very near the Fort McDowell monument The motion CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #4 – CONSIDERATION OF APPOINTING TWO CITIZENS TO THE PUBLIC SAFETY ADVISORY COMMISSION FOR THE REMAINDER OF A TWO-YEAR TERM BEGINNING AUGUST 4, 2011 AND ENDING DECEMBER 31, 2012. Mayor Schlum MOVED to appoint Terry Cox and Frederick Horn to the Public Safety Advisory Commission for a two-year term beginning August 4, 2011 and ending December 31, 2012 and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The Mayor acknowledged the presence of Mr. Horne in the audience and thanked him for volunteering to serve on the Committee. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2011-31, ADOPTING THE AMENDED AND RESTATED TOWN OF FOUNTAIN HILLS, ARIZONA POLICY AND PROCEDURES FOR CIVIC NAMING OF STREETS, BUILDINGS, STRUCTURES AND RECREATIONAL FACILITIES. Town Attorney Andrew McGuire addressed the Council relative to this agenda item and said that this item was brought back to the Council at a Work Study Session with the proposed changes and no further revisions have been made. He indicated his willingness to respond to questions from the Council. There were no citizens wishing to speak on this item. Councilmember Dickey MOVED to approve Resolution 2011-31, adopting the amended policy and procedures for civic naming of streets, buildings, structures and recreational facilities and Councilmember El kie SECONDED the motion. In response to a question from Councilmember Hansen regarding Section B in the proposal (Recommendations to Other Bodies), Mr. McGuire explained that that is actually a carryover from the existing policy. He said that there are times when the Town will be asked for input. Councilmember Elkie said that assuming this will pass, he would like staff to look into options to honor Keith McMahan, a former Councilmember. Mr. McGuire stated that staff heard the request and will be able to put something together (they need to identify the appropriate options). Mayor Schlum advised that the Chamber might have some feedback to provide since he contributed so much to that organization. Councilmember Leger asked if Councilmember Elkie is suggesting the naming of a new street or an existing street and Councilmember Elkie stated that he would like staff to put together some options. He noted that Councilmember McMahan was very involved in the downtown area and said that there was some discussi on about The Avenue and Verde River where it goes around to Paul Nordin Parkway since there are not a lot of businesses on that stretch. He added that his is just one of many available options. Mayor Schlum reminded the citizens to visit the new Recorder's Kiosk in the Library and note Councilmember McMahan's memorial at that location as well. The motion CARRIED UNANIMOUSLY by those present (6-0). z:\council packets\2011\r9-15-11\110804m.docx Page 6 of 17 AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2011-30, APPROVING THE FEE SCHEDULE FOR THE VARIOUS TOWN SERVICES FOR FISCAL YEARS 2011-12. Acting Town Manager/Finance Director Julie Ghetti addressed the Council relative to this agenda item and said that in previous years the fee schedule was always included in with the adoption of the budget but due to some Legislative changes staff now has to separate it out, provide public notice and itemize the fees separately. She noted that the Council received a fresh copy of the fee schedule with a revised effective date of September 1, 2011 (previously was listed as August 4, 2011). She said that the highl ighted fees indicate those that have been changed since last year. She indicated her willingness to respond to questions and stated that they have received a lot of feedback on the fire safety fee and she would be happy to address that now if the Council so desires. Mayor Schlum requested that Ms. Ghetti provide information on that particular fee at this time. Ms. Ghetti advised that this was a new fee last year and has really been a misnomer. They have talked about whether it is really a survey fee or an inspection fee (it is a commercial fire inspection fee). The name of the fee has caused a lot of confusion but the purpose of the program and associated fee was to conduct safety inspections on commercial businesses in Town and verify that all of the fire protection systems are in good working order and up to date. It also provides Fire personnel with a visual inspection of where the equipment is located in each business so that in the event of a fire they know what resources are available in the build ings. This makes it easier for them to respond to fires. This service benefits the property owners through better ISO ratings, which result in lower fire insurance premiums. They recently went from a 4 to a 3, which is the best benefit possible. The fees were adopted last year and the first bills went out in January 2011 so all of the businesses that were inspected were issued bills at that time. The fees are assessed per unit because a 10 -unit building receives more service than a one-unit building. The property owners are billed rather than the tenants because as the inspections are completed they are entered into a special system that matches the County and GIS databases so all of the properties are the same and up to date. The Town's General Fund pays for the contract with Rural Metro for fire and emergency services. This fee was implemented to cover some of the costs but not all of providing this service to the property owners who benefit so that the costs are not borne by all of the residents in Town. Vacant suites are not inspected or billed. She said that both the Chief and the Assistant Chief are present in the audience to respond to any questions related to the inspections. Mayor Schlum thanked Ms. Ghetti for her explanation of this fee. Assistant Chief Randy Roberts said that Rural Metro had conducted the annual inspections on businesses for quite some time but without charging a fee. He stated that most other cities and towns, if not all of them around the State, have had fire inspection fees in place for quite some time. They are also related to plan review and other things (the annual fee is just one piece of that). The money does not come to the Fire Department -- it goes into the Town's General Fund to recoup some of the costs. The inspections are required by Code and the things they look for during the inspections can have significant impacts on businesses. Statistics show that 25% to 40% of businesses do not reopen after a fire. The fee is about safety and not the money. He disc ussed the benefits associated with being familiar with fire safety equipment in the various businesses and decreases in insurance premiums. The larger businesses are mapped and digitized and put into mobile computers, which again is an effective safety tool that enhances the Fire Department's ability to be more effective and efficient. Mayor Schlum thanked Assistant Chief Roberts for his input. Town Clerk Bev Bender advised that one citizen wished to speak. Gordon Pittsenbarger addressed the Council and stated the opinion that the fee represents an unfair and unnecessary tax. He said that firefighters are paid no matter what they are doing while on duty and asked what costs the Town is trying to recoup. He stated that he owns a building on Parkview that is 9,600 square feet with eleven units so their bill will be $275.00 if all the units are inspected. The building across the street (the bowling alley) is 21,000 square feet in size and is divided into three units so their fee would be $75.00. It is tw o and a quarter times bigger than his building but he is paying three and a half times more than they would pay. z:\council packets\2011\r9-15-11\110804m.docx Page 7 of 17 Businesses and landlords are struggling and they keep paying more. He would like to see this fee be applied more fairly. Mayor Schlum thanked Mr. Pittsenbarger for his comments. Assistant Chief Roberts discussed a comparison of fees charged around the Valley. In response to a request from Councilmember Leger, Assistant Chief Roberts listed the numerous benefits business/property owners receive as a result of the inspections including the ISO rating that resulted in a lower rate, safety for the occupants, etc. Councilmember Dickey stated that this Council has already voted twice for these fees and what they have before them tonight has already been approved. Ms. Ghetti advised that this is not a new fee for this year (2011-12) -- it was a new fee for 2010-2011. Councilmember Dickey said when they passed the budget last June the entire fee schedule was part of that and Ms. Ghetti concurred. Councilmember Hansen noted that if the Council had opposed the fees, they would have had to vote no on the whole budget so she appreciates the fact that the fees are being handled separately now because it does give the Council an opportunity to vote them down if they so desire. Councilmember Leger said that when they had their budget discussion they unbundled the fees and talked about them and made some amendments as well. He agreed that the word "survey" causes confusion because they really are not talking about surveys, they are talking about actual inspections, which are part of fire codes nationally and help reduce insurance costs (a benefit to everyone). When they first discussed this he was a little uncomfortable because he would like the Town to look at a more equitable system for applying the fee -- either by square footage or some other calculation. He suggested that a building that houses five offices would have a fee of $25.00 for the building versus each individual unit and said he is putting that out for discussion if there is a possibility to amend the fee schedule and/or to make a recommendation that they table this and have staff do some research and come back to the drawing board with something he can accept as being more equitable. Councilmember Hansen advised that she would support that and if that was a motion to table she would second it. She said that Mr. Pittsenbarger brought up some good points that went along with what Councilmember Leger said and would like Assistant Chief Roberts to speak to that (a larger building like a grocery store takes a lot more time to inspect than a number of small suites). Chief Robert indicated that he would speak to that but would like Ms. Ghetti to speak to the financial aspects of the fees. Ms. Ghetti commented that the reasons they decided to charge by unit are if they chose another methodology per building (they do one building versus per unit) then one building may have 11 or 20 units in it and pay $25.00 and get twenty times more service. The goal for providing the service is to recover some of the cost. Another building with one unit would pay $25.00 as well. If they look at doing it by square footage or by piece of equipment, they don't have any ability in their system to measure square footage or the number of pieces of equipment so someone would have to go and count the pieces of equipment and tag them all. The system now has every unit in Town that's matched up with the County and GIS so it's easy for the firefighters to go in and do inspections and go back and put the information into the system. It also identifies who the property owners are and is tied into the County's system. If they tried to do it by square footage, someone would have to measure the square footage of every building or unit. Mayor Schlum said that perhaps they delineate it by small, medium or large with some sort of a guide or perhaps based on the higher risk usage as some of the other communities do. He agreed with the benefits associated with performing the inspections. z:\council packets\2011\r9-15-11\110804m.docx Page 8 of 17 Councilmember Elkie asked what the projected revenue stream is at the $25.00 per unit rate for this coming year and whether all the buildings in Town inspected every year. Ms. Ghetti replied that the Town receives a total of $10,000 and said that every building is inspected every year. Discussion ensued relative to the time it takes to do the inspections and difficulties associated with tracking that; different options regarding billing; cost recovery for the entire Town; inspections ar e not conducted on empty units; the possibility of having the inspectors estimate square footage when conducting inspections; Councilmember Elkie's support for taking a look at basing fees on square footage; reporting time as well as follow-up work after inspections that must be taken into consideration as well; the appropriateness of trying to achieve some cost recovery; Councilmember Leger's desire to look into a system that is more equitable and his suggestion that they consider tabling this item; the fact that the fee is just for businesses and not for residences; the Mayor's comment that the liquor license fee was reduced dramatically and his statement that the trend over the last few years has been to continue to reduce fees (the Town has been very sensitive to businesses and tried to reduce costs); a review of the other changes included on the list of fees; Mr. McGuire's question as to if the Council decides to table this item this evening for future discussion, will more inspections take place and be billed for in the interim period (between this meeting and the next discussion); Assistant Chief Robert's comment that whatever the Council desires will be done -- they could put a freeze on inspections if so directed; Mr. McGuire's statement that the fee schedule was adopted as part of the budget and each time the schedule is pushed out the revenue stream will change; his question as to whether the entire thing should be put on hold or does the Council just want to readdress just this particular issue; the Mayor's desire to move forward and address the one item separately at a future meeting; Vice Mayor Contino's comment that a lot of people have already been charged for the fee and he doesn't think they should change the schedule/fees in the middle of it a nd charge someone else a different fee if they make revisions when this is further discussed (his preference is to leave it alone and address it when they can); Mr. McGuire's statement that the Council can approve the other fees this evening, discuss the fire inspection fee at their next meeting, and then leave the current fees in place throughout the entire current cycle and begin new process in the next cycle; Councilmember Elkie's suggestions on measuring square footage and charging so much per square foot or selecting different ranges with flat fees; and the Mayor's comment that the Council can adopt the fee schedule this evening with the commitment to address the fire inspection fee at the next Council meeting or the meeting in September. Fire Chief Scott La Greca addressed the Council and said regardless of what the Council decides to do this evening, the department is going to continue to conduct fire inspections because if they stop doing them it would probably trigger ISO to come in and do a re-grade that would have the potential of going to a 4 rating instead of a 3. This would negatively impact the entire community and for safety reasons the inspections should continue. Councilmember Leger indicated his support for continuing the inspections. Councilmember Dickey asked Vice Mayor Contino if he was basically saying that since this didn't start until January of this year, they would just keep this in place until next January when the cycle would begin all over again. The Vice Mayor stated that all of the people in his whole area have already been billed so if they start changing this they are going to have to treat those people the same as they will the people who have not yet been inspected. He said it would be better to just do it on the next go around. Councilmember Dickey indicated support for Vice Mayor Contino's suggestion. Mayor Schlum advised that the Council would then approve the inspection fees as is, continuing any changes that may be made during further discussions until the next calendar year (January 2012). Mr. McGuire said he believes the Council should address this as soon as the fire personnel are comfortable bringing back a recommendation for their consideration. He stated that staff could then put together a best practice proposal based on discussion and the Council would consider that as well (i.e. a range approach as suggested by Councilmember Elkie). z:\council packets\2011\r9-15-11\110804m.docx Page 9 of 17 Councilmember Leger MOVED to table discussion on the fee survey until the Council’s next Regular meeting and Councilmember Elkie SECONDED the motion. Discussion ensued regarding the fact that no motion has been made to approve the Resolution. Vice Mayor Contino MOVED to approve Resolution 2011-30, approving the fee schedule for the various Town services for Fiscal Years 2011-12 effective September 1, 2011 with implementation effective the next calendar year (January 1, 2012) and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #7 - CONSIDERATION AND POSSIBLE ACTION REGARDING APPOINTMENT OF AN INTERIM TOWN MANAGER AND POTENTIAL TEMPORARY MODIFICATIONS TO TOWN POLICIES TO FACILITATE THE APPOINTMENT. Human Resources Administrator Joan McIntosh addressed the Council relative to this agenda item and said that with the recent resignation of Town Manager Rick Davis, there is a need for the Council to appoint an Interim Town Manager until such time as a new Town Manager is on board, hopefully by December 1st. She stated that they have been provided a copy of the Deputy Town Manager's job description and in there it clearly states that that position will serve as the Acting Town Manager in the absence of the regular Town Manager. She advised that typically this would be an automatic appointment just because of the job description and the reason that it is on the agenda for discussion tonight is because they also have a policy that is in the employee manual that has been approved by the Council -- the Employment of Relatives Policy or the Nepotism Policy -- which states that an employee can not directly or indirectly supervise a family member. In this particular case, the Deputy Town Manager has a spouse who is employed by the Town and so the issue is being discussed tonight. She noted that the Council has the ability to waive that policy temporarily until a new Town Manager is on board so this evening staff is looking for direction on that as well as direction on the Interim Town Manager's salary while that person serves in that position. Mayor Schlum thanked Ms. McIntosh for her presentation. There were no citizens wishing to speak on this agenda item. Councilmember Dickey said that the description states that the Deputy serves as the Acting Town Manager in the regular Town Manager's absence and they are talking about an Interim Town Manager. She asked if they are basically the same thing. Mr. McGuire advised that both titles are interchangeable. He said that the Deputy Town Manager's role is to serve in the Town Manager's capacity during any absence so the Council could decide to appoint a different Interim or they could leave everything as is. He stated that until staff was given direction one way or the other Ms. Ghetti's role would be to serve in the role of Acting Town Manager until such time that she doesn't need to be. This was brought up because of the Nepotism Policy that is in place. He confirmed that a salary adjustment would need to take place whether Ms. Ghetti is serving in the role of Acting or Interim Town Manager. In response to a question from Mayor Schlum, Ms. McIntosh stated that when Kate Zanon served as the Interim when Mr. Pickering left they made sure that her salary was higher than the top Dir ector's salary because that position oversees all of the Town's staff. Mayor Schlum asked Mr. McGuire for direction as to what the Council should and shouldn't cover this evening. Mr. McGuire said the Council can do it anyway they want -- they can talk as specifically as they would like or ask staff to identify the salary of the highest paid Director and increase it by whatever increment they decide upon. Councilmember Elkie said that Ms. Ghetti is the default Acting Town Manager in the absence of the Town Manager. He stated that the Council has to discuss whether they want to make an adjustment to the policy and z:\council packets\2011\r9-15-11\110804m.docx Page 10 of 17 decide on a pay increase for serving in that capacity. He added that he also wants to make sure that the Finance Department continues to operate effectively while Ms. Ghetti serves in the new role. He suggested that they vote on the different items incrementally. Mayor Schlum requested discussion/input on appointing Ms. Ghetti Interim Town Manager. He said that he has confidence in her ability to help the Town through this period and process. Councilmember Dickey MOVED to appoint Ms. Ghetti Interim Town Manager until a new Town Manager is appointed by the Council and to make the necessary modifications to Town policies as necessary to facilitate the appointment and Councilmember Elkie SECONDED the motion. Councilmember Hansen advised that she has a concern with the way the policy is written and pointed out that it clearly says, "No family member as defined above of a Town Councilmember or the Town Manager shall be employed by the Town of Fountain Hills during that individual's tenure." She said that she is worried about what kind of a message this will send (taking a very definitive rule and just changing it for now). She added that she doesn't know what kind of a message that is sending to the rest of the staff so she has concerns with that part (they are being put in an "either/or" position and it is difficult. Mr. McGuire stated that they are talking about the Town's Procedures Manual and the Council always has flexibility over administering or modifying the policies as they do with everything else that is adopted . He said in this case the current Acting position has caused this to occur automatically and Ms. Ghetti's role today unfortunately causes a conflict with the Nepotism Policy (the Town Manager directly oversees every Town employee). He added that the situation exists today regardle ss (Acting Town Manager or Interim Town Manager). The Mayor said he is sure that the rule is in place for many good reasons but added that they are discussing modifying it to get through an occasion and it seems like the most common sense approach. Vice Mayor Contino said he personally does not have anything against Ms. Ghetti or her husband but word of this is already all around Town that she is going to be the Deputy Town Manager and her husband is going to be there. He stated that if they can squash it or do what they have to do so they can put the residents at ease with what is going on they should do so. Councilmember Leger advised that by default, as listed in the job description, Ms. Ghetti is the Acting Town Manager. He asked if there has ever been an occasion where the Council granted a temporary waiver or a rule on a temporary basis. Ms. McIntosh replied that she is not aware of any. Mr. McGuire said that they did have a policy in place when they had a Councilmember and a staff member who wasn't directly under the Councilmember's authority. At the time the policy was not very clear on this issue and so some clarifications were done but he doesn't know if there was ever an official statement made by the Council regarding a waiver. Councilmember Leger noted that the option is to appoint someone else who doesn't have the conflict but they want the most qualified person serving in that role and he believes she certainly could do the job (and other staff members could probably also carry out the job). He asked if there was any way that actions involving Ms. Ghetti's husband (personnel related) could be circumvented around her and go to the Human Resources Director instead with the next level being the Council. Ms. McIntosh informed the Council that right now Mr. Ghetti reports to the Community Services Director so if there were any issues, disciplinary or otherwise, they would currently go through the Community Services Director. She added that the Interim Town Manager could override the Director. She said that it would not be appropriate to involve the Council in personnel issues. She stated that perhaps there could be a temporary z:\council packets\2011\r9-15-11\110804m.docx Page 11 of 17 waiver that the Interim Town Manager would not have any authority over her spouse until a new Town Manager is appointed. Vice Mayor Contino pointed out that she is Acting Town Manager and they haven't had any problems with her serving in that capacity. He added that he believes they are all comfortable with that -- it's just the one personnel issue that they need to discuss. Mr. McGuire said that in the very unlikely event that something does arise staff would come back to the Council with a recommendation on how it should be handled by a separate hearing officer or something like that. He added that recently they have not had any personnel issues go beyond the department Director level. He reiterated that the situation exists today and it is not something that is being created as a result of Council action tonight. Councilmember Leger noted that they have a Councilmember who is uncomfortable with the waiver and he respects her position so what he is hearing is that they are not necessarily talking about a waiver, they are talking now about a process that would be put in place in the event there was a need for so me type of review or disciplinary action. Mr. McGuire advised that he is asking the Council to acknowledge that having Ms. Ghetti in this role is a variance to a policy that was adopted and that continuing on with the Council's discretion is what they are asking to do. He said that they are proposing that in the event that something does occur they could put something into place to handle it. Mr. McGuire stated that this is a somewhat informal procedure and a lower level rule. Councilmember Dickey said they still need a waiver if Ms. Ghetti is appointed as Interim Town Manager. She added that what Mr. McGuire is suggesting is that if something happens, which is very unlikely, they would handle it but they still have to acknowledge that it exists and make the necessary modifications to the policy so that Ms. Ghetti can continue in the role that she is already in. Councilmember Elkie commented that they have had this situation a number of times over the years when the Town Manager has left Town and Ms. Ghetti served as Acting Town Manager so if there are disciplinary issues or anything else, they have in effect granted it (by not doing a waiver of that). He added that tonight they are acknowledging the conflict that exists and he agrees with Mr. McGuire that if there is an issue that goes beyond the department Director, that a special hearing officer be appointed to deal with it in association with the Town's Human Resources Administrator. He said they are talking about a very narrow period of time and he doesn't think that anything special needs to be done at this point. The motion CARRIED by majority vote of those present (5-1) with Councilmember Hansen voting nay. In response to a question from the Mayor, Mr. Andrew said that the Council can either decide upon the salary at this point in time or staff will come back to them at a future meeting with a recommendation. The Mayor noted that there are some obvious budget savings that will be realized (Interim Town Manager's salary and not back filling the Finance Director's position since Ms. Ghetti will be doing both). He said that some percentage above the highest Director's salary would be appropriate and an equitable manner in which to go if the Council concurs. (There were no comments from the Council and Mr. McGuire stated that adequate direction has been given.) Councilmember Elkie said he would like to know what plans will be in place to ensure that the Finance Department continues to operate at its high level of efficiency and that it is adequa tely staffed to carry out their responsibilities. AGENDA ITEM #8 - CONSIDERATION AND POSSIBLE SELECTION OF AN EXECUTIVE SEARCH FIRM TO CONDUCT THE SEARCH FOR A NEW TOWN MANAGER. z:\council packets\2011\r9-15-11\110804m.docx Page 12 of 17 Human Resources Director Joan McIntosh addressed the Council relative to this agenda item and advised that a Request for Proposals (RFP) was sent to nine Executive Search firms on July 7th and the due date to return the proposals was July 19th. She noted that a copy of the proposal and evaluation form was given to the Council on July 11th so that they would have that information as well. She reported that a total of seven proposals were received by the due date and copies were provided to the Council. The Council was asked to rate and rank the proposals and a Selection Committee comprised of Town staff was also appointed. The Committee reviewed and scored the proposals separate from the Council using the same criteria the Council was asked to use. The Committee was asked to submit a summary of the proposals as well as a recommendation for the Council to consider. She stated the opinion that any one of the firms could probably provide a good service, it was the consensus of the Committee that two firms stood out more than the others -- they received the highest points based on the scoring but the Committee took the evaluation a little further and looked at any relevant past experience that the recruitment firms had, such as whether they themselves were ever a city or town manager or had a background in human resources. She reported that they felt that a lack of relevant experience in those areas could be a disadvantage when choosing the best candidates for a Town Manager position because it's hard to really understand what is required of a position until you have "been there and done that." The Committee also looked at how thorough their approach was, associated costs that ranged anywhere from $15,000 to $27,000 and found that the highest cost didn't necessarily equate to better service. Ms. McIntosh reported that using all of this criteria the Committee is recommending tonight that the top two recruitment firms be considered and one selected -- Slaven Management and The Mercer Group. Reference checks have been done on both firms and are available. She noted that the Council also evaluated the proposals and staff would appreciate their input and direction. Mayor Schlum thanked Ms. McIntosh for her presentation. There were no citizens wishing to speak on this agenda item. Mayor Schlum agreed that all of the firms that responded seem well accomplished in their field. He asked what the strengths of Benzinger appeared to be in the Committee's evaluation. He noted that David Latshaw has done a lot of work with the Town in the past. Ms. McIntosh replied that they were actually rated the lowest of the seven submitters. She noted that the owner of the company who would be the project manager has never worked in a municipality but is active in ICMA. She added that Mr. Latshaw would be the deputy project manager so although the Town is familiar with him he might not be the main contact in this instance. She added that in their proposal they didn't talk about meeting with staff or citizen groups to develop a profile on the ideal candidate. She said that they also didn't include a public meeting or forum for people to meet the candidates and have the opportunity for input. She further stated that they are also a very small firm so their database may not be as large as some of the bigger companies. She also discussed the pros associated with that firm, including a reasonable cost. Councilmember Dickey advised that Slaven was her first choice and said she had a question about The Mercer Group. She didn't see the community forum but perhaps she missed it. Ms. McIntosh reported that she spoke with Mr. Mercer today for clarification on that issue and he did say that they would have an Assessment Center with input from the Council as far as how they wanted that to be set up. She said he would also include input from staff and citizen organizations to establish the profile. She further stated that the Assessment Center interview process would include both public and private components. She noted that this would include perhaps a public forum on a Saturday afternoon (at no additional cost to the price provided). She advised that one of the cons picked up on by staff was that they wanted the Council to notify all of the unsuccessful candidates. She stated that the Committee thought that that was a little different -- most of the time the recruitment firms take care of that. She said she is sure that the Council could decline to do that if they selected The Mercer Group. Additional discussion ensued among the Council and staff relative to the top two candidates. z:\council packets\2011\r9-15-11\110804m.docx Page 13 of 17 Councilmember Elkie commented that the Town has used The Mercer Group before and asked when. Ms. McIntosh advised that they were used in the selection of Mr. Pickering as Town Manager. She added that Mr. Latshaw also facilitated some of the Council Retreats before Mr. Davis came on board. Councilmember Elkie said that one of the things that appealed to him as far as Waters Consulting's proposal was that a flat fee was being charged plus candidate travel expenses which none of the other bids included. He noted that they talked about an 80-day process and said that after the selection process they would come back and do a team-building exercise with staff and the Town Manager. He stated that there is a benefit in receiving a flat fee proposal in that the Town would know what the charges were going to be. Ms. McIntosh advised that the Waters group came in six out of seven according to the Committee's rankings. She discussed the pros associated with their proposal, many of which were outlined by Councilmember Elkie, and added that they would also do a 360 degree performance appraisal on the Town Manager after twelve months. She added that on the con side, they did not mention using the public at all when developing the profile for the ideal candidate and they also had termination of three agreements for services in the past, which sent up a little bit of a red flag. In their proposal they said that they would ask the Town to name an internal project manager to be the contact person, which is fine, but also to review the recruitment brochure and related advertising and to assist with the screening process when selecting the candidates for the semi -finalists and the finalists. She stated that the Committee felt that those duties should be carried out by the recruitment firm. She further stated that the lead consultant in the Waters group had never worked in a municipality before, his background included serving as a police chief and a director of public safety and the senior consultant has 20 years in IT audit and management but no experience in a municipality. In response to a question from the Mayor, Ms. McIntosh said that she did not have much experience in working with The Mercer Group (the work was done shortly after she came on board with the Town). She did state that when they used that group the Town was not able to successfully negotiate a contract with the top two candidates and were forced to go with the third candidate. She said that she doesn't know if that was the recruiter's fault or if the Council had involvement in that. Discussion ensued relative to the lead person who would be in charge of both of the proposals being brought forth by staff and their background and experience in this particular field; explanations that were included in Waters proposal regarding the termination of agreements; Councilmember Leger's statement that Slaven, Mercer and Anderson were initially his top three and the fact that he kept going back to Slaven and Merc er because of their depth of experience; Councilmember Leger's opinion that it is important to take into consideration a firm's "recency" and the types of technology they would use (have they kept up with the times); his opinion that Slaven appears to come out on top in that particular area; his preference for selecting someone who has served in the role of a Town Manager; pros associated with Slaven and Councilmember Leger's comment that the proposed cost was reasonable; benefit associated with having someone local take on the assignment as it relates to costs; various pros and cons associated with both firms; and the bottom line that Slaven and Mercer were at the top of Councilmember Leger's list although he was not thoroughly impressed by their brochures; Councilmember Elkie's comparison of the costs/services that would be provided by Mercer and Slaven and his statement that he could be happy with either one of the firms; the fact that Slaven has been in business since 1991 and questions regarding terminations and peer reviews that might have taken place beyond the time frames mentioned in Slaven's proposal; Councilmember Elkie's comment that the Town has the opportunity to save $1,700 by going with Mercer; Ms. McIntosh's statement that Mr. Slaven is curren tly recruiting for the Chief of Police's position and the Human Resources Director in Goodyear and because of that, he said he could probably cut some of the not-to-exceed costs because he could combine trips; the fact that Slaven had been in business with Mercer; Councilmember Leger's comment that he would be comfortable with either of the top two recommendations although Slaven paid more attention to the Town's RFP process; the fact that Mercer plans to take the advertising out of the proposal -- any advertising would be included in the not-to-exceed $5,000 cost; Councilmember Dickey's statement that she looked at the municipalities in Arizona that Slaven has recently worked with; and Ms. McIntosh's announcement that Councilmember Brown, who is not present this evening, informed her that his two top candidates are Waters and Mercer. z:\council packets\2011\r9-15-11\110804m.docx Page 14 of 17 Councilmember Elkie MOVED to approve the Town's selection of The Mercer Group to assist the Town in the selection or appointment of a new Town Manager and Councilmember Dickey SECONDED the motion. Mr. McGuire advised that staff will bring back the contract for the Council's review and consideration. The motion CARRIED UNANIMOUSLY by those present (6-0). Mayor Schlum thanked Ms. Ghetti and the Committee for their work on this item. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2011-21, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2012. Ms. Ghetti addressed the Council relative to this agenda item and said that they talked earlier about the fact that the Town does not have a primary property tax that is used for operations. She noted that the Town does have a secondary property tax which is used to repay bonds approved by the voters specifically for the Library/Museum and open space. She reported that the debt payment is $1,020,100 and last year it was $945,000 (a levy of $.22 per $100 of assessed valuation compared to $.16 last year). She explained that the increase is necessary because of a decrease in property valuations and a slight increase (approximately $75,000 more) in the annual debt service payment. Ms. Bender advised that one citizen wished to address the Council on this agenda item. Linda Bardow addressed the Council and asked if the increase represented a one-time increase and whether it will increase in years to come. She also questioned whether there was a cap on what the amount could be. She asked what the total amount of indebtedness that they are servicing with these taxes is, what interest rate is being paid for this and whether this is subject to the credit rating for the Town. She stated that she took offense to the previous comment from a Councilmember regarding a conspiracy theory and said that any reasonable person reading the Fountain Hills Times would have interpreted the article as stating that there is a property tax in place in Town. She said that everyone is supposed to be watching what was going on and being involved and that didn't happen and that is why the whole country is in the shape it is in. She advised that she grew up in a town that had a volunteer fire department and she understands that the Town is losing revenue to pay for fire service. She said that her town had volunteer fire department carnivals in the summers and raised a good amount of money. She stated that this may be something for the Town to look into doing. Ms. Ghetti advised that she did not have the total debt figure requested by Ms. Bardow with her but she would be more than happy to provide it at a later time -- she believes it is around $17 million. She reported that the interest rate varies and unlike a primary property tax, when the bonds are paid off the secondary property tax goes away (2020-21). She said that the voters approved four things -- road bonds from when the Town incorporated, open space, and the Library/Museum. She added that the $17 million includes bonds that the Municipal Property Corporation and Eagle Mountain have but are not part of the Town. Councilmember Dickey commented that the voters approved certain things that they wanted and they have to pay a certain amount every year. She added that the fluctuation in the rate occurs because property values change. She asked if it was possible for the rate to be higher and yet individual homeowners are paying the same or slightly even less that what they paid before even with the rate going up. Ms. Ghetti replied that it could and explained that the way the rate works, it is an annual payment like a mortgage payment, and whatever that payment is that is the amount of taxes they need to raise t o make that payment. She said the valuation could go down but the rate could go up but they are still not going to get more than what the annual payment is. z:\council packets\2011\r9-15-11\110804m.docx Page 15 of 17 Councilmember Dickey asked whether paying off the Town Hall building reflecting in a savings this year (in the interest that they have to pay). Ms. Ghetti responded that that bond payment, which is included in the $17 million, is not paid through a property tax. She stated that it is paid through sales tax and there will be an annual savings of $300,000. Mayor Schlum reiterated that the rate went up because of lower housing valuations but the amount collected from the property owners is not really going up except for the small increase in the debt cost. Ms. Ghetti concurred with the Mayor's statement. Discussion ensued regarding the fact that approximately 2% of the overall taxes goes to the Town to pay the debt. Councilmember Dickey MOVED to approve Resolution 2011-21 and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 2011-32, REGARDING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE RELATING TO TRAFFIC SIGNAL MAINTENANCE, INCLUDING EMERGENCY SERVICES. Development Services Director Paul Mood addressed the Council relative to this agenda item and explained that Resolution 2011-32 is a IGA with the City of Scottsdale. He stated that it will provide the Town with on -call services for the Town's traffic signals. He said that right now they have one full and one part-time employee. During the budget cycle last year the part-time employee advised that he would be retiring shortly after the beginning of this fiscal year so they did not carry his salary through the entire budget for this year. At the end of this month, the Town will be down to one Traffic Signal Technician that is certified to work on the traffic signals and they cannot expect that person to be on call 365 days a year for night emergencies and on weekends. Also, vacation and sick time needs to be covered when the employee is out. He and Mr. Kurth worked with the City of Scottsdale and they have the same technology as the Town and are able to provide the needed on -call service at a cost of $15,000. This provides for 15 days a month, or two weeks, plus four to six weeks of coverage during the weekdays if the Town's employee is out. Written into the IGA is the option to go with a full-time maintenance and on-call services if that is ever needed. The estimated savings right now over the part- time employee is roughly anywhere from $5,000 to $10,000 and this provides the flexibility to have on -call service and a backup plan in the event that the Town is left without anyone to do this job. He said that staff continues to look for ways in which to save the Town money and reduce costs. He advised that staff recommends approval of Resolution 2011-32 and indicated his willingness to respond to any questions. Mayor Schlum thanked Mr. Mood for his presentation. There were no citizens wishing to speak on this agenda item. Councilmember Hansen MOVED to approve an Intergovernmental Agreement with the City of Scottsdale for traffic signal on-call and maintenance services and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #11 - QUARTERLY UPDATE BY THE DEPUTY TOWN MANAGER/FINANCE DIRECTOR JULIE GHETTI ON THE PROGRESS OF IMPLEMENTING THE COUNCIL'S GOALS FOR FY 2010-11 AND OTHER ACCOMPLISHMENTS. Acting Town Manager Julie Ghetti addressed the Council relative to this agenda item and advised that the Council's packets contain copies of the final report for the last fiscal year regarding Council's goals. She said that with the Council's permission she would like to take this opportunity to go over some of the highlights of those goals and stated that she thinks it is important for the residents to see how their participation in the Strategic Plan helps to guide the Council's goals that result in programs and benefits to the community. z:\council packets\2011\r9-15-11\110804m.docx Page 16 of 17 Ms. Ghetti stated that the Fiscal 2010-11 goals resulted in several accomplishments including the creation of a Citizens Academy that will be held each February. She added that citizens can learn how their government works and the first one that was held was very successful. They also held the first Freedom Series in partnership with the VFW, where two members of the community shared their stories. They increased transparency on the Town's website and the citizens can now go on line and see where the Town is spending their money and who they are spending it with. They instituted the Customer Loyalty Program with local businesses participating and they held the second Public Safety Day that was coordinated by the Public Safety Advisory Commission and was also very successful. Ms. Ghetti advised that staff encourages the citizens to go on line and read the whole report about all of the accomplishments. Mayor Schlum thanked Ms. Ghetti for the update. AGENDA ITEM #12 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council. A. None. AGENDA ITEM #13 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER. Ms. Ghetti stated that staff will work with the Chamber on the naming policy/selection (for Keith McMahan) and to revisit inspection fees and bring back to the Council the new methodology for January 1, 2012. She added that staff will also provide the bond schedule for the Council and any member of the public that would like to have it. Councilmember Elkie noted that staff will also provide the Council proposals as far as the salary for the Interim Town Manager as well as an update on how the Finance Department was going to function now that Ms. Ghetti is the Acting Town Manager. The Mayor advised that he spoke with former Town Manager Rick Davis and he is getting settled in and working hard in Utah. He sends his regards and said he was very grateful for the time he spent in Fountain Hills. Mayor Schlum stated that he thanked Mr. Davis for his service to the Town. He also congratulated Ms. Ghetti on being appointed the Interim Town Manager and thanked her for her willingness to serve in that capacity. Ms. Ghetti stated that they really couldn't do what they do without the great staff in Fountain Hills. AGENDA ITEM #17 - ADJOURNMENT Councilmember Dickey MOVED to adjourn the meeting and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 9:05 p.m. z:\council packets\2011\r9-15-11\110804m.docx Page 17 of 17 TOWN OF FOUNTAIN HILLS By __________________________ Jay T. Schlum, 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 held in the Town Hall Council Chambers on the 4th day of August 2011. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of September 2011. _____________________________ Bevelyn J. Bender, Town Clerk